STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
NINETY-NINTH DAY
Saint Paul, Minnesota, Thursday, April 3, 2008
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Brian Schulenburg, Wooddale
Church, Eden Prairie, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Kranz was excused.
Olson was excused until 12:25 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Faust moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2471, A bill for an act relating to charitable organizations; modifying
financial statement requirements for certain charitable organizations; amending
Minnesota Statutes 2006, section 309.53, subdivision 3.
Reported
the same back with the following amendments:
Page
2, line 17, after "included" insert "if the food is
donated for subsequent distribution at no charge, and not for resale"
Page
2, line 18, after "enactment" insert "and applies to
any financial statement that is required to be filed under this section after
May 14, 2008"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in accordance with Senate
Concurrent Resolution No. 8, H. F. No. 2471 was re‑referred to the
Committee on Rules and Legislative Administration.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3789, A bill for an act relating to agriculture; requiring certain
retailers to provide retail signage on the legal limitations on the use of lawn
fertilizers containing phosphorus; amending Minnesota Statutes 2006, section
18C.60, by adding a subdivision; repealing Minnesota Statutes 2006, section
18C.60, subdivision 4.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 3789 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Olin introduced:
H. F. No. 4165, A bill for an act relating to agriculture;
creating a price support program for beef cattle producers located within a
downgraded bovine tuberculosis split state zone; proposing coding for new law
in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the
Committee on Finance.
Olin introduced:
H. F. No. 4166, A bill for an act relating to legislative
enactments; correcting miscellaneous oversights, inconsistencies, ambiguities,
unintended results, and technical errors; amending Minnesota Statutes 2006,
section 260C.007, subdivision 18.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 380, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
establishing new programs and modifying existing programs; authorizing the sale
of state bonds; canceling and modifying previous appropriations; appropriating
money; amending Minnesota Statutes 2006, sections 16B.32, by adding a
subdivision; 16B.325; 16B.335, subdivision 2; 103D.335, subdivision 17;
116.155, subdivisions 2, 3; 116J.423, by adding a subdivision; 119A.45;
462A.21, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections
16A.695, subdivision 3; 103G.222, subdivision 1; Laws 1997, chapter 21, section
1; Laws 2003, First Special Session chapter 20, article 1, section 12,
subdivision 3; Laws 2005, chapter 20, article 1, sections 7, subdivision 21;
17; 23, subdivisions 8, 11, as amended, 16; Laws 2006, chapter 258, sections 7,
subdivisions 7, 11, 22; 16, subdivision 5; 21, subdivisions 6, 14, 15; 23,
subdivision 3; Laws 2006, chapter 282, article 11, section 2, subdivision 6;
proposing coding for new law in Minnesota Statutes, chapters 116; 137; 462A.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of H. F. No. 1812.
H. F. No. 1812 was reported to the House.
Carlson moved to amend H. F.
No. 1812, the third engrossment, as follows:
Page 15, line 23, delete
"2009-2010" and insert "2008-2009"
Page 44, line 15, delete
"(c)" and insert "(d)"
Page 45, line 11, delete
"(d)" and insert "(e)"
Page 271, line 11, delete
"833,000" and insert "932,000" and delete
"947,000" and insert "1,046,000"
Page 271, line 12, delete
"(817,000)" and insert "(718,000)" and delete
"(703,000)" and insert "(604,000)"
Page 271, line 29, delete
"(1,017,000)" and insert "(918,000)"
Page 271, line 34, delete
"633,000" and insert "732,000"
Page 272, line 1, delete
"633,000" and insert "732,000"
Page 272, line 4, delete
"633,000" and insert "732,000" and delete
"722,000" and insert "821,000"
Page 311, line 7, after
"2008," insert "after determining the blending in
section 256B.441, subdivision 55, paragraph (a),"
Page 320, delete section 8
Page 349, line 3, after the
period, insert "The return of the withhold under this paragraph is not
subject to the requirements of paragraph (c)."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hosch, Abeler, Gunther,
Gottwalt, Fritz, Thissen and Dean moved to amend H. F. No. 1812, the third
engrossment, as amended, as follows:
Page 313, after line 19,
insert:
"Sec. 11. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 1, is amended to read:
Subdivision 1. Rebasing of nursing facility operating cost
payment rates. (a) The commissioner
shall rebase nursing facility operating cost payment rates to align
payments to facilities with the cost of providing care. The rebased operating cost payment
rates shall be calculated using the statistical and cost report filed by each
nursing facility for the report period ending one year prior to the rate year.
(b) The new operating cost
payment rates based on this section shall take effect beginning with the rate
year beginning October 1, 2008, and shall be phased in over eight rate years
through October 1, 2015. For each
year of the phase-in, the operating payment rates shall be calculated using the
statistical and cost report filed by each nursing facility for the report
period ending one year prior to the rate year.
(c) Operating cost
payment rates shall be rebased on October 1, 2016, and every two years after
that date.
(d) Each cost reporting year
shall begin on October 1 and end on the following September 30. Beginning in 2006, a statistical and cost
report shall be filed by each nursing facility by January 15. Notice of rates shall be distributed by
August 15 and the rates shall go into effect on October 1 for one year.
(e) Effective October 1,
2014, property rates shall be rebased in accordance with section 256B.431 and
Minnesota Rules, chapter 9549. The
commissioner shall determine what the property payment rate for a nursing
facility would be had the facility not had its property rate determined under
section 256B.434. The commissioner
shall allow nursing facilities to provide information affecting this rate
determination that would have been filed annually under Minnesota Rules,
chapter 9549, and nursing facilities shall report information necessary to
determine allowable debt. The
commissioner shall use this information to determine the property payment rate.
Sec. 12. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 55, is amended to read:
Subd. 55. Phase-in
of rebased operating cost payment rates. (a) For the rate years beginning October 1, 2008, to October 1, 2012
2015, the operating cost payment rate calculated under this section
shall be phased in by blending the operating cost rate with the
operating cost payment rate determined under section 256B.434. For purposes of this subdivision, the
rate to be used that is determined under section 256B.434 shall not include the
portion of the operating payment rate related to performance-based incentive
payments under section 256B.434, subdivision 4, paragraph (d). For the rate year beginning October 1,
2008, the operating cost payment rate for each facility shall be 13
percent of the operating cost payment rate from this section, and 87
percent of the operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2009,
the operating cost payment rate for each facility shall be 14 percent of
the operating cost payment rate from this section, and 86 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2010,
the operating cost payment rate for each facility shall be 14 percent of
the operating cost payment rate from this section, and 86 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2011,
the operating cost payment rate for each facility shall be 31 percent of
the operating cost payment rate from this section, and 69 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2012,
the operating cost payment rate for each facility shall be 48 percent of
the operating cost payment rate from this section, and 52 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2013,
the operating cost payment rate for each facility shall be 65 percent of
the operating cost payment rate from this section, and 35 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2014,
the operating cost payment rate for each facility shall be 82 percent of
the operating cost payment rate from this section, and 18 percent of the
operating cost payment rate from section 256B.434. For the rate year beginning October 1, 2015,
the operating cost payment rate for each facility shall be the operating
cost payment rate determined under this section. The blending of operating cost
payment rates under this section shall be performed separately for each RUG's
class.
(b) For the rate year
beginning October 1, 2008, the commissioner shall apply limits to the operating
payment rate increases under paragraph (a) by creating a minimum percentage
increase and a maximum percentage increase.
(1) Each nursing facility
that receives a blended October 1, 2008, operating payment rate increase under
paragraph (a) of less than one percent, when compared to its operating payment
rate on September 30, 2008, computed using rates with RUG's weight of 1.00,
shall receive a rate adjustment of one percent.
(2) The commissioner shall
determine a maximum percentage increase that will result in savings equal to
the cost of allowing the minimum increase in clause (1). Nursing facilities with a blended October 1,
2008, operating payment rate increase under paragraph (a) greater than the
maximum percentage increase determined by the commissioner, when compared to
its operating payment rate on September 30, 2008, computed using rates with a
RUG's weight of 1.00, shall receive the maximum percentage increase.
(3) Nursing facilities with
a blended October 1, 2008, operating payment rate increase under paragraph (a)
greater than one percent and less than the maximum percentage increase
determined by the commissioner, when compared to its operating payment rate on
September 30, 2008, computed using rates with a RUG's weight of 1.00, shall
receive the blended October 1, 2008, operating payment rate increase determined
under paragraph (a).
(4) The October 1, 2009,
through October 1, 2015, operating payment rate for facilities receiving the
maximum percentage increase determined in clause (2) shall be the amount
determined under paragraph (a) less the difference between the amount
determined under paragraph (a) for October 1, 2008, and the amount allowed
under clause (2). This rate restriction
does not apply to rate increases provided in any other section.
(b) (c) A portion of the funds
received under this subdivision that are in excess of operating cost
payment rates that a facility would have received under section 256B.434, as
determined in accordance with clauses (1) to (3), shall be subject to the
requirements in section 256B.434, subdivision 19, paragraphs (b) to (h).
(1) Determine the amount of
additional funding available to a facility, which shall be equal to total
medical assistance resident days from the most recent reporting year times the
difference between the blended rate determined in paragraph (a) for the rate
year being computed and the blended rate for the prior year.
(2) Determine the portion of
all operating costs, for the most recent reporting year, that are compensation
related. If this value exceeds 75
percent, use 75 percent.
(3) Subtract the amount
determined in clause (2) from 75 percent.
(4) The portion of the fund
received under this subdivision that shall be subject to the requirements in
section 256B.434, subdivision 19, paragraphs (b) to (h), shall equal the amount
determined in clause (1) times the amount determined in clause (3).
Sec. 13. Minnesota Statutes 2007 Supplement, section
256B.441, subdivision 56, is amended to read:
Subd. 56. Hold
harmless. For the rate years
beginning October 1, 2008, to October 1, 2016, no nursing facility shall
receive an operating cost payment rate less than its operating cost payment
rate under section 256B.434. For
rate years beginning between October 1, 2009, and October 1, 2015, no nursing
facility shall receive an operating payment rate less than its operating
payment rate in effect on September 30, 2009.
The comparison of operating cost payment rates under this
section shall be made for a RUG's rate with a weight of 1.00."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Paulsen was excused between the hours of 1:20 p.m. and 3:30
p.m.
Atkins; Davnie; Morrow;
Dominguez; Nelson; Knuth; Mahoney; Zellers; Peterson, A.; Johnson; Tillberry;
Anzelc; Lillie and Simpson moved to amend H. F. No. 1812, the third
engrossment, as amended, as follows:
Page 254, delete section 38
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kahn moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 249, line 6, delete
"SIGNIFICANT OTHER" and insert "OTHERS"
Page 249, delete lines 7 to
22 and insert:
"An employee must be
granted leave to the extent the employee's attendance is necessary to care for
a member of the employee's immediate household, up to five days within a
12-month period. The leave must be
unpaid, unless otherwise provided in a collective bargaining agreement or
compensation plan."
A roll call was requested and properly seconded.
The question was taken on the Kahn amendment and the roll was
called. There were 85 yeas and 47 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Lanning
Magnus
McNamara
Morrow
Nornes
Olson
Otremba
Ozment
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Ward
Wardlow
Westrom
Zellers
The motion prevailed and the amendment was adopted.
Huntley moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 316, after line 23,
insert:
"Sec. 15. MORATORIUM
EXCEPTION PROPOSAL; WAIVER.
The commissioner of health
may waive the six-mile limit in Minnesota Statutes, section 144A.073,
subdivision 5, paragraph (e), when considering a moratorium exception proposal submitted
under Minnesota Statutes, section 144A.073, to allow a nursing facility
providing specialty care in Minneapolis to close and relocate beds to a new
facility in Robbinsdale under common ownership."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Abeler moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 288, after line 35,
insert:
"Sec. 5. [256.0122]
HEALTH AND HUMAN SERVICES FINANCE BOARD.
Subdivision 1. Establishment. The governor, by August 1, 2008, shall
appoint a 25-member health and human services finance board. The board shall consist of: ten members
representing state agencies administering health and human services programs,
including five members from administrative and managerial positions and five
members representing staff from nonadministrative or nonmanagerial positions;
five members representing nonprofit organizations and agencies; and ten members
representing counties, including five members from administrative and
managerial positions and five members representing staff from nonadministrative
or nonmanagerial positions. The
commissioners of human services and health shall provide staffing,
administrative support, and office space for the board out of existing funds of
the operations budget. The board is
governed by section 15.0575.
Subd. 2. Duties. The board shall manage the functions and
services for health and human services programs receiving general fund
appropriations, and shall ensure that aggregate spending for those programs
remains within the targets specified in this section, by:
(1) increasing the
efficiency of service delivery;
(2) increasing cooperation
and coordination between state agencies, counties, and nonprofit organizations;
(3) innovating methods of
delivering services;
(4) if necessary, reducing
spending and eligibility for health and human services programs; and
(5) consolidating or
eliminating specific programs.
Subd. 3. Administering spending
targets. During each fiscal
year, beginning with fiscal year 2010, the board shall manage spending on
health and human services programs receiving general fund appropriations to
ensure that the annual aggregate spending growth for these programs for the
next fiscal year does not exceed spending for the previous fiscal year plus a
three percent annual growth rate or another rate established by law. The annual spending growth for specific
programs may differ from this aggregate spending target.
Subd. 4. Authority; rulemaking. Actions taken by the board that are
supported by at least 75 percent of board members have the force of law and
shall be implemented by the appropriate state agencies. The board shall regularly report actions
taken to implement this section to the chairs and ranking minority members of
the legislative committee with jurisdiction over health and human services
policy and finance. The board may adopt
rules necessary under chapter 14 to implement this subdivision, and may adopt
exempt rules under section 14.386, except that the rules adopted shall not
expire."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
The Speaker called Hausman to the Chair.
DeLaForest and Pelowski
moved to amend H. F. No. 1812, the third engrossment, as amended, as follows:
Page 259, delete article 14
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the DeLaForest and Pelowski amendment
and the roll was called. There were
62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Kohls
Lanning
Lieder
Magnus
Marquart
Masin
McFarlane
McNamara
Nornes
Norton
Olin
Olson
Otremba
Ozment
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Eken
Erhardt
Faust
Fritz
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Madore
Mahoney
Mariani
Moe
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Drazkowski, Buesgens,
Zellers and Heidgerken moved to amend H. F. No. 1812, the third engrossment, as
amended, as follows:
Page 254, line 12, delete
everything after the first comma and insert "section"
Page 254, line 13, delete
"and" and delete "are" and insert "is"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Drazkowski et al amendment and
the roll was called. There were 47 yeas
and 85 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olson
Ozment
Pelowski
Peppin
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 3, delete section 1
Page 4, delete section 2
Page 5, delete section 4
Page 6, delete section 5
Page 10, delete section 6
Page 12, delete section 7
Page 15, delete section 8
Page 16, delete section 9
Page 18, delete section 11
Page 19, delete section 13
Page 24, delete section 22
Page 43, delete section 51
Page 44, delete section 52
Page 45, delete sections 53
and 54
Page 46, delete sections 55
and 57
Page 47, delete section 58
Page 62, delete section 5
Page 64, delete sections 6
and 7
Page 65, delete section 8
Page 67, delete section 11
Pages 71 to 75, delete sections
14 to 24
Pages 76 to 80, delete
sections 26 to 31
Page 89, delete section 39
Page 93, delete section 7
Page 96, delete section 11
Page 97, delete sections 12
and 13
Page 99, delete section 14
Page 100, delete sections 15
and 16
Page 101, delete section 17
Page 102, delete sections 18
and 19
Page 103, delete sections 20
and 21
Page 104, delete section 22
Page 105, delete sections 23
and 24
Page 106, delete section 25
Page 107, delete sections 26
to 28
Page 108, delete section 29
Page 109, delete section 30
Page 110, delete section 31
Page 111, delete sections 32
to 34
Page 112, delete section 35
Page 113, delete sections 36
and 37
Page 114, delete sections 38
and 39
Page 116, delete section 40
Page 117, delete section 41
Page 118, delete sections 42
and 43
Page 119, delete sections 44
to 47
Page 120, delete section 48
Page 121, delete section 49
Page 125, delete section 50
Page 131, delete sections 51
and 52
Page 149, delete section 56
Page 150, delete section 57
Page 151, delete section 58
Page 153, delete section 61
Page 154, delete lines 21
and 22
Page 172, delete section 3
Page 173, delete section 4
Page 174, delete section 5
Page 175, delete sections 6
and 7
Page 176, delete section 8
Page 177, delete section 9
Page 178, delete sections 10
to 13
Page 179, delete sections 14
to 17
Page 182, delete section 19
Page 183, delete section 20
Page 186, delete section 24
Page 187, delete sections 25
and 27
Page 189, delete sections 30
and 31 and insert:
"Sec. 10. REPEALER.
Laws 1989, chapter 335,
article 1, section 21, subdivision 8, as amended by Laws 2002, chapter 323,
section 19, is repealed."
Page 194, delete section 5
Page 195, delete section 6
Page 196, delete section 7
Page 197, delete sections 8
to 10
Page 198, delete section 11
Page 200, delete section 14
Page 211, delete section 1
Page 224, delete sections 10
to 12
Page 226, delete sections 13
and 14
Page 227, delete section 15
Page 229, delete section 17
Page 235, delete sections 13
and 14
Page 236, delete section 16
Page 240, delete sections 18
to 20
Page 241, delete section 21
Page 243, delete sections 22
to 24
Page 244, delete section 26
Page 247, delete sections 27
and 28
Page 249, delete sections 29
and 30
Page 254, delete sections 38
and 39
Page 259, delete article 14
Page 274, delete section 6
Page 275, delete sections 7,
8 and 9
Page 276, delete sections 10
and 11
Page 277, delete section 12
Page 281, delete sections 13
and 14
Page 282, delete sections 15
to 17
Page 283, delete section 19
Page 283, delete article 18
Page 316, delete section 14
Page 316, delete article 21
Page 340, delete sections 3
and 4
Page 342, delete section 5
Page 343, delete section 6
Page 345, delete section 8
Page 349, delete section 12
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Olson amendment and the roll was
called. There were 54 yeas and 77 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Liebling
Magnus
McFarlane
McNamara
Nornes
Norton
Olson
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Ozment
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Bunn and Sailer offered an amendment to H. F. No. 1812, the
third engrossment, as amended.
Hoppe requested a division of the Bunn and Sailer amendment to
H. F. No. 1812, the third engrossment, as amended.
The first portion of the Bunn and Sailer amendment to H. F. No.
1812, the third engrossment, as amended, reads as follows:
Page 188, line 1, after
"application" insert ", except as provided in
paragraph (e),"
Page 188, line 2, delete
"major"
Page 188, line 12, delete
"enriched"
Page 188, line 23, delete
everything after the period
Page 188, delete lines 24
and 25
Page 188, delete lines 30 to
32 and insert:
"(e) This section
does not apply to an application for:
(1) reissuance of a permit
for a land disposal facility operating as of March 1, 2008;
(2) a permit to expand a
land disposal facility operating as of March 1, 2008, beyond its permitted
boundaries, including expansion on land that is not contiguous to, but is
located within 600 yards of, the land disposal facility's permitted boundaries;
(3) a permit to modify the
type of waste accepted at a land disposal facility operating as of March 1,
2008; or
(4) a permit to locate a
Class I, II, or III land disposal facility that will accept construction debris
and demolition debris, as described in the Minnesota Pollution Control Agency's
"Demolition Landfill Guidance," published in August 2005, that is
operating as of July 1, 2010."
Page 188, line 33, delete
everything after "a" and insert "permit application
for an industrial solid waste land disposal facility, unless the commissioner
determines that the proposed facility is unlikely to pose a risk of groundwater
contamination."
Page 188, delete line 34
Page 188, after line 34,
insert:
"(g) By September
15, 2008, the commissioner shall submit a report to the chairs and ranking
minority members of the senate and house committees with primary jurisdiction
over environmental policy containing recommendations, including suggested
legislation or rules, for changes in the provisions governing the location of
industrial solid waste land disposal facilities and Class I, II, or III land disposal
facilities that accept construction debris and demolition debris, as described
in the Minnesota Pollution Control Agency's "Demolition Landfill
Guidance," published in August 2005, in order to prevent the contamination
of ground water by those facilities."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the first portion of the Bunn and
Sailer amendment and the roll was called.
There were 85 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
The motion prevailed and the first portion of the Bunn and
Sailer amendment was adopted.
The
second portion of the Bunn and Sailer amendment to H. F. No. 1812, the third
engrossment, as amended, reads as follows:
Page 188, after line 35,
insert:
"Sec. 28. INDUSTRIAL
AND CONSTRUCTION AND DEMOLITION LANDFILL WORKING GROUP.
The commissioner of the
Pollution Control Agency shall, by July 15, 2008, convene a working group to
develop, evaluate, and recommend policies and legislation regarding the
management of industrial solid waste and construction and demolition debris in
land disposal facilities. The commissioner
shall appoint members of the working group, including representatives from
counties, state agencies, private landfill owners, waste haulers, environmental
organizations, and other interested parties to serve on the working group. The Pollution Control Agency shall serve as
staff to the working group. The working
group shall submit a report of its findings and recommendations to the chairs
and ranking minority members of the senate and house committees with primary
jurisdiction over environmental policy and environmental finance by January 15,
2009."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the second portion of the Bunn and
Sailer amendment and the roll was called.
There were 127 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Beard
Buesgens
Drazkowski
Emmer
Zellers
The motion prevailed and the second portion of the Bunn and Sailer
amendment was adopted.
Hoppe moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 187, delete section 27
A roll call was requested and properly seconded.
The question was taken on the Hoppe amendment and the roll was
called. There were 64 yeas and 69 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Atkins
Beard
Benson
Berns
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Huntley
Juhnke
Kohls
Lanning
Lieder
Madore
Magnus
Mahoney
Marquart
McFarlane
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Thao
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mariani
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson moved that H. F. No. 1812, as amended, be re-referred to
the Committee on Finance.
A roll call was requested and properly seconded.
The question was taken on the Olson motion and the roll was
called. There were 56 yeas and 77 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kalin
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Poppe
Ruth
Ruud
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail.
The Speaker called Pelowski to the Chair.
Seifert moved to amend H. F.
No. 1812, the third engrossment, as amended, as follows:
Page 254, after line 10,
insert:
"Sec. 39. LEGISLATIVE CARRYFORWARD BALANCES.
On July 1, 2008, the
legislature shall cancel $4,000,000 to the general fund from balances
previously carried forward under Minnesota Statutes, section 16A.281."
Renumber the sections in
sequence and correct the internal references
Adjust totals accordingly
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Seifert amendment and the roll
was called. There were 56 yeas and 77
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kalin
Kohls
Lanning
Lenczewski
Magnus
Masin
McFarlane
McNamara
Morgan
Mullery
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Moe
Morrow
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Kohls was excused for the remainder of today's session.
Severson, Dettmer, Wardlow,
DeLaForest, Koenen, Tingelstad and Juhnke moved to amend H. F. No. 1812, the
third engrossment, as amended, as follows:
Page 254, after line 10,
insert:
"Sec. 39. STUDY
OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
(a) By October 1, 2008, each
hiring authority of the executive, legislative, and judicial branches of state
government must report to the commissioner of finance on the incidence of
employment, recruitment, retention, and retirement of veterans in their
nonelected workforce for fiscal year 2008.
The report must be made in a manner approved by the commissioner, and
must include analysis by age category.
Each hiring authority must also report specific veteran employment data
requested by the commissioner as of June 30, 2008; June 30, 2001, and an
earlier date if judged feasible by the commissioner.
(b) By January 15, 2009, the
commissioner must submit a report on the employment of veterans in state
government to the chairs of the house and senate policy and finance committees
having jurisdiction over veterans affairs.
The report must present and analyze the data obtained in paragraph (a).
(c) For purposes of this
section, "veteran" has the meaning given in section 197.447.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Garofalo and Hosch moved to
amend H. F. No. 1812, the third engrossment, as amended, as follows:
Page 234, delete section 12
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Peterson, S.; Slawik;
Wardlow; Brynaert; Laine; Murphy, E.; Davnie; Ruth; Eastlund and Greiling moved
to amend H. F. No. 1812, the third engrossment, as amended, as follows:
Page 59, after line 32,
insert:
"ARTICLE 3
EARLY CHILDHOOD EDUCATION
Section 1. [124D.141]
STATE ADVISORY COUNCIL ON EARLY CHILDHOOD EDUCATION AND CARE.
Subdivision 1. Membership. Two members of the house of
representatives, one appointed by the speaker and one appointed by the minority
leader; and two members of the senate, one appointed by the majority leader and
one by the minority leader; and two parents with a child under age six, shall
be added to the membership of the State Advisory Council on Early Education and
Care required under the federal Improving Head Start for School Readiness Act of
2007.
Subd. 2. Additional duties. The following duties are added to those
assigned to the Council under federal law:
(1) make recommendations on
the most efficient and effective way to leverage state and federal funding
streams for early childhood and child care programs;
(2) make recommendations on
how to coordinate or colocate early childhood and child care programs in one
state Office of Early Learning; and
(3) make recommendations to
the governor and legislature, including proposed legislation on how to most
effectively create a high quality early childhood system in Minnesota in order
to improve the educational outcomes of children so that all children are
school-ready by 2020.
Subd. 3. Administration. An amount up to $12,500 of federal child care
and development fund administrative funds and up to $12,500 of prekindergarten
exploratory project funds appropriated under Laws 2007, chapter 147, article
19, section 3, may be used to reimburse the parents on the Council and for the
administration of the State Advisory Council on Early Childhood Education and
Care. This funding stream is for fiscal
year 2009. The Council may pursue
additional operational funds from state, federal, and private sources."
Renumber the articles in
sequence
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Buesgens
moved to amend H. F. No. 1812, the third engrossment, as amended, as follows:
Page
254, line 12, after "5;" insert "and"
Page
254, line 13, delete "and 645.44, subdivision 19,"
Amend
the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Buesgens amendment and the roll
was called. There were 57 yeas and 75
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kalin
Koenen
Magnus
Masin
McNamara
Morgan
Nornes
Olson
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert