Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 921


 

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2009

 

_____________________

 

TWENTY-FIRST DAY

 

Saint Paul, Minnesota, Wednesday, March 18, 2009

 

 

      The House of Representatives convened at 12:30 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Kristen Jacobson, Central Lutheran Church, Minneapolis, 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, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Slawik was excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Reinert moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 922


 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 72, A bill for an act relating to workforce development; establishing a lifelong learning account program; allowing tax credits to employers and employees for contributions to lifelong learning accounts; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116L; 290.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 525, A bill for an act relating to public safety; expanding the current DWI ignition interlock device pilot program by two years and applying it statewide; amending Minnesota Statutes 2008, section 171.306, subdivisions 1, 3.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Transportation and Transit Policy and Oversight Division.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 549, A bill for an act relating to commerce; regulating debt management and debt settlement services; amending Minnesota Statutes 2008, sections 45.011, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2; 325E.311, subdivision 6; 332A.02, subdivisions 5, 8, 9, 10, 13, by adding a subdivision; 332A.04, subdivision 6; 332A.08; 332A.10; 332A.11, subdivision 2; 332A.14; proposing coding for new law as Minnesota Statutes, chapter 332B.

 

Reported the same back with the following amendments:

 

Page 16, line 20, after "perform" insert ", or impose any charges or receive any payment for," and delete "has obtained" and insert "and the debtor have executed"

 

Page 16, line 22, after "debtor" insert "and complies with all the applicable requirements of this chapter"

 

Page 17, line 16, delete the colon

 

Page 17, line 17, delete "(1)"

 

Page 17, line 18, delete "; and" and insert a period

 

Page 17, delete line 19

 

Page 21, line 8, after "performed" insert "or as otherwise provided in this section"


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Page 21, delete lines 29 to 30

 

Page 21, line 31, delete "(3)" and insert "(2)"

 

Page 21, line 34, delete "(4)" and insert "(3)"

 

Page 21, line 35, delete "(5)" and insert "(4)"

 

Page 22, line 8, delete "(6)" and insert "(5)"

 

Page 22, line 12, delete "(7)" and insert "(6)"

 

Page 22, line 14, delete "(8)" and insert "(7)"

 

Page 22, line 17, delete "(9)" and insert "(8)"

 

Page 22, line 18, delete "(10)" and insert "(9)"

 

Page 22, line 19, delete "(11)" and insert "(10)"

 

Page 22, line 21, delete "(12)" and insert "(11)"

 

Page 22, line 23, delete "(13)" and insert "(12)"

 

Page 22, line 25, delete "(14)" and insert "(13)"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

 

H. F. No. 580, A bill for an act relating to human services; modifying MFIP family stabilization and work programs; amending Minnesota Statutes 2008, sections 256J.425, subdivision 4; 256J.46, subdivision 1; 256J.53, subdivision 1; 256J.57, subdivision 1; 256J.575, subdivisions 3, 6, 7.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2008, section 256B.056, subdivision 3, is amended to read:

 

Subd. 3.  Asset limitations for individuals and families.  To be eligible for medical assistance, a person must not individually own more than $3,000 in assets, or if a member of a household with two family members, husband and wife, or parent and child, the household must not own more than $6,000 in assets, plus $200 for each additional legal dependent.  In addition to these maximum amounts, an eligible individual or family may accrue interest on these amounts, but they must be reduced to the maximum at the time of an eligibility redetermination.  The accumulation of the clothing and personal needs allowance according to section 256B.35 must also be reduced to the maximum at the time of the eligibility redetermination.  The value of assets that are not considered in determining eligibility for medical assistance is the value of those assets excluded under the supplemental security income program for aged, blind, and disabled persons, with the following exceptions:


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(1) household goods and personal effects are not considered;

 

(2) capital and operating assets of a trade or business that the local agency determines are necessary to the person's ability to earn an income are not considered;, except that capital and operating assets used for personal expenses including, but not limited to, mortgage payments, utility payments, motor vehicle payments, and grocery payments paid out of a business account shall be considered earned income to the household;

 

(3) motor vehicles are excluded to the same extent excluded by the supplemental security income program;

 

(4) assets designated as burial expenses are excluded to the same extent excluded by the supplemental security income program.  Burial expenses funded by annuity contracts or life insurance policies must irrevocably designate the individual's estate as contingent beneficiary to the extent proceeds are not used for payment of selected burial expenses; and

 

(5) effective upon federal approval, for a person who no longer qualifies as an employed person with a disability due to loss of earnings, assets allowed while eligible for medical assistance under section 256B.057, subdivision 9, are not considered for 12 months, beginning with the first month of ineligibility as an employed person with a disability, to the extent that the person's total assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph (c).

 

The assets specified in clauses (1) to (4) must be disclosed to the local agency at the time of application and at the time of an eligibility redetermination, and must be verified upon request of the local agency.

 

Sec. 2.  Minnesota Statutes 2008, section 256B.056, subdivision 3c, is amended to read:

 

Subd. 3c.  Asset limitations for families and children.  A household of two or more persons must not own more than $20,000 in total net assets, and a household of one person must not own more than $10,000 in total net assets.  In addition to these maximum amounts, an eligible individual or family may accrue interest on these amounts, but they must be reduced to the maximum at the time of an eligibility redetermination.  The value of assets that are not considered in determining eligibility for medical assistance for families and children is the value of those assets excluded under the AFDC state plan as of July 16, 1996, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:

 

(1) household goods and personal effects are not considered;

 

(2) capital and operating assets of a trade or business up to $200,000 are not considered, except that capital and operating assets used for personal expenses including, but not limited to, mortgage payments, utility payments, motor vehicle payments, and grocery payments paid out of a business account shall be considered earned income to the household;

 

(3) one motor vehicle is excluded for each person of legal driving age who is employed or seeking employment;

 

(4) one burial plot and all other burial expenses equal to the supplemental security income program asset limit are not considered for each individual;

 

(5) court-ordered settlements up to $10,000 are not considered;

 

(6) individual retirement accounts and funds are not considered; and


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(7) assets owned by children are not considered.

 

The assets specified in clauses (1) to (7) must be disclosed to the local agency at the time of application and at the time of an eligibility redetermination, and must be verified upon request of the local agency."

 

Page 9, after line 12, insert:

 

"Sec. 10.  Minnesota Statutes 2008, section 256L.17, subdivision 3, is amended to read:

 

Subd. 3.  Documentation.  (a) The commissioner of human services shall require individuals and families, at the time of application or renewal, to indicate on a checkoff form developed by the commissioner whether they satisfy the MinnesotaCare asset requirement.

 

(b) The commissioner may require individuals and families to provide any information the commissioner determines necessary to verify compliance with the asset requirement, if the commissioner determines that there is reason to believe that an individual or family has assets that exceed the program limit."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, after the first semicolon, insert "modifying asset limitations and documentation for medical assistance and MinnesotaCare;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 655, A bill for an act relating to elections; requiring an affidavit of candidacy to state the candidate's residence address and telephone number; prohibiting placement of a candidate on the ballot if residency requirements are not met; amending Minnesota Statutes 2008, section 204B.06, subdivision 1.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Labor to which was referred:

 

H. F. No. 680, A bill for an act relating to energy; providing direction for the use of federal stimulus funding for energy programs.

 

Reported the same back with the following amendments:


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 926


 

Delete everything after the enacting clause and insert:

 

"Section 1.  [216B.2405] PUBLIC BUILDING ENERGY SAVINGS REVOLVING LOAN FUND. 

 

Subdivision 1.  Establishment.  A public building energy savings revolving loan fund is established as an account in the special revenue fund.  The commissioner of finance shall credit to the account the amounts authorized under this section and appropriations and transfers to the account.  Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the account.

 

Subd. 2.  Deposits.  (a) Owners of projects that have received stimulus funds under section 4 must annually deposit in the account 30 percent of the monetized energy savings realized that are attributable to the stimulus funds until the payback period is ended, as determined by the Office of Energy Security.

 

(b) Owners of projects that have received loans under this section must annually deposit in the account 30 percent of the monetized energy savings realized that are attributable to the loan until the payback period is ended, as determined by the Office of Energy Security.

 

Subd. 3.  Expenditures.  Money in the account is appropriated to the commissioner of commerce for the purpose of making loans to improve the energy efficiency of local government and school district buildings.  Loans made under this section must be consistent with the principles contained in section 2 and the financing terms contained in section 4.

 

Subd. 4.  Administration.  (a) Applications for a loan under this section must be made in a manner and on forms prescribed by the Office of Energy Security.  Loans to eligible projects must be made in the order in which complete applications are received by the commissioner of commerce.

 

(b) The Office of Energy Security must establish procedures for the loan application process, criteria which must be met in order for loan applications to be approved, and other provisions necessary to administer the loan program, including, but not limited to, the maximum interest rate that may be charged for a loan.

 

Sec. 2.  FEDERAL STIMULUS FUNDING; GOAL OF ENERGY PROGRAMS. 

 

Subdivision 1.  Definitions.  For the purposes of sections 1 to 8, the following terms have the meaning given them.

 

(a) "Act" means the American Recovery and Reinvestment Act of 2009.

 

(b) "Stimulus funding" or "funding" means funding provided to the state under the Act for:

 

(1) Energy Efficiency and Conservation Block Grants authorized under subtitle E of title V of the federal Energy Independence and Security Act of 2007;

 

(2) the Weatherization Assistance Program under part A of title IV of the federal Energy Conservation and Production Act, United States Code, title 42, section 6861, et. seq.; and

 

(3) the State Energy Program authorized under part D of title III of the federal Energy Policy and Conservation Act, United States Code, title 42, section 6321, et. seq.

 

Subd. 2.  Stimulus funding allocation and use goals.  To the extent allowed by federal law and regulation and consistent with the purposes and principles of the act, stimulus funding shall be allocated and expended for activities that best achieve the following goals:


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 927


 

(1) job retention and creation;

 

(2) improved energy efficiency and increased renewable energy production capacity;

 

(3) coordination with and leveraging of other resources to increase the total benefits derived from stimulus funding;

 

(4) timely implementation of funded activities;

 

(5) long-term sustainability of benefits derived from stimulus funds;

 

(6) geographic distribution across the state; and

 

(7) compliance with the disadvantaged business enterprise outreach requirements in Minnesota Statutes, section 16C.16, subdivision 4.

 

Sec. 3.  WEATHERIZATION. 

 

Subdivision 1.  Allocation of funds.  All stimulus funds for weatherization must be allocated by the director of the Office of Energy Security, consistent with federal allocation requirements and state allocation formulas in the state weatherization plan.  Existing providers of weatherization services must be fully utilized, consistent with effective program delivery, before additional providers of weatherization services are added.

 

Subd. 2.  Rental units.  Programs that include rental units shall be developed, including developing procedures to increase low-income rental unit participation in programs.  Priority shall be given to serving the largest number of new weatherization clients consistent with federal eligibility requirements.

 

Sec. 4.  LOCAL GOVERNMENT AND SCHOOL DISTRICT BUILDING RENOVATIONS. 

 

The Office of Energy Security must coordinate the use of stimulus funds with the local public building enhanced energy-efficiency program under Minnesota Statutes, section 216C.43.  The Office of Energy Security shall prioritize lighting upgrades, energy recommissioning, and other cost-effective energy projects that are ready for immediate implementation.  Energy-efficiency conservation block grants and state energy program funds may be used to advance local public building enhanced energy-efficiency program projects by either reducing energy bills during a savings repayment period or by decreasing the number of years for payback of energy improvement investments, provided that at least 60 percent of a project's funding is provided by the local governmental unit or school district, the local public building enhanced energy-efficiency program under Minnesota Statutes, section 216C.43, or another local governmental unit or school district financing program.  The Office of Energy Security shall coordinate with the Department of Education in prioritizing school district projects, consistent with the principles of statewide geographic distribution of projects, optimized energy savings, and an improved learning environment for schoolchildren.

 

Sec. 5.  STATE GOVERNMENT BUILDINGS. 

 

The Office of Energy Security and the Department of Administration shall develop a joint plan and joint procedures to select, fund, and implement projects using stimulus funds.  The joint plan and procedures shall prioritize lighting upgrades, energy recommissioning, and other cost-effective energy projects that are ready for immediate implementation.  Energy-efficiency conservation block grants and state energy program funds may be used to advance the state public building enhanced energy-efficiency program under Minnesota Statutes, section 16B.322, projects by either reducing energy bills during a savings repayment period or decreasing the number of years for payback of energy improvement investments, provided that at least 60 percent of a project's funding is provided through the state public building enhanced energy-efficiency program.


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Sec. 6.  RESIDENTIAL WINDOW REPLACEMENT PROGRAMS. 

 

The Office of Energy Security must establish a program to fund a window replacement and insulation program for existing housing occupied by low- or moderate-income households.  The development and implementation of this financing program must be coordinated with the Minnesota Housing Finance Agency and existing lead abatement programs.

 

Sec. 7.  TRAINING AND WORKFORCE DEVELOPMENT. 

 

(a) The Department of Employment and Economic Development, in consultation with the Office of Energy Security and the Office of Higher Education, shall develop a plan and procedures to:

 

(1) allocate stimulus funds to training programs to train energy professionals needed to implement the energy programs described in sections 3 to 6, including but not limited to energy auditors, energy managers, and building operators;

 

(2) coordinate, oversee, and monitor the training and certification of energy professionals; and

 

(3) allocate funding for the purposes of clauses (1) and (2) and to training providers.

 

(b) Training strategies must be designed to meet the wide range of facilities managers and building sizes and types, and must protect the occupational health and safety of workers employed on these energy projects.  Technical skills training must include insulation, air sealing, and mechanical work.

 

(c) The plan must include procedures to:

 

(1) train individuals already employed in implementing energy programs;

 

(2) recruit individuals for training to perform work in energy projects using stimulus funding who are unemployed, especially targeting communities experiencing disproportionately high rates of unemployment, including but not limited to low-income, rural, or tribal communities and individuals in construction trades and crafts; and

 

(3) ensure that the full capacity of current training providers is utilized, including but not limited to opportunities industrialization centers, skilled trades labor unions, tribal colleges or nonprofits working in tribal communities, community action partnerships, utility companies, higher education institutions, and nonprofit organizations with demonstrated expertise in energy efficiency.

 

Sec. 8.  ACCOUNTABILITY AND TRANSPARENCY REPORTING. 

 

The director of the Office of Energy Security shall, after compiling information supplied by the Departments of Administration, Education, Employment and Economic Development, and the Office of Higher Education, report on the progress of the programs funded under sections 3 to 7 to the house of representatives and senate committees with jurisdiction over energy finance and workforce development policy by September 1, 2009, January 15, 2010, April 1, 2010, and September 1, 2010.  The report shall include a complete accounting of all stimulus funds spent on the programs funded under sections 3 to 7, including, but not limited to:

 

(1) the specific projects funded, including the location, building owner, and project manager;

 

(2) the number of jobs retained or created by each project;


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(3) the total calculated and actual energy savings for each project;

 

(4) the remaining balances in each stimulus fund;

 

(5) the nonstimulus funding leveraged by stimulus funds for each project;

 

(6) the current and projected deposits into the energy savings endowment fund;

 

(7) the training courses provided, including the location and provider of courses offered, the funding source for each training course, and the total number of trainees; and

 

(8) compliance with prevailing wage, veterans, and disadvantaged business enterprise requirements.

 

Sec. 9.  EFFECTIVE DATE. 

 

Sections 1 to 8 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to energy; providing direction for the use of federal stimulus funding for energy programs; proposing coding for new law in Minnesota Statutes, chapter 216B."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Hilty from the Energy Finance and Policy Division to which was referred:

 

H. F. No. 689, A bill for an act relating to energy; mandating inclusion of strategic tree planting as eligible for direct expenditures as energy conservation improvement; amending Minnesota Statutes 2008, section 216B.241, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 216B.241, subdivision 9, is amended to read:

 

Subd. 9.  Building performance standards; Sustainable Building 2030.  (a) The purpose of this subdivision is to establish cost-effective energy-efficiency performance standards for new and substantially reconstructed commercial, industrial, and institutional buildings that can significantly reduce carbon dioxide emissions by lowering energy use in new and substantially reconstructed buildings.  For the purposes of this subdivision, the establishment of these standards may be referred to as Sustainable Building 2030.

 

(b) The commissioner shall contract with the Center for Sustainable Building Research at the University of Minnesota to coordinate development and implementation of energy-efficiency performance standards, strategic planning, research, data analysis, technology transfer, training, and other activities related to the purpose of Sustainable Building 2030.  The commissioner and the Center for Sustainable Building Research shall, in consultation with utilities, builders, developers, building operators, and experts in building design and technology, develop a Sustainable Building 2030 implementation plan that must address, at a minimum, the following issues:


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(1) training architects to incorporate the performance standards in building design;

 

(2) incorporating the performance standards in utility conservation improvement programs; and

 

(3) developing procedures for ongoing monitoring of energy use in buildings that have adopted the performance standards.

 

The plan must be submitted to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy policy by July 1, 2009.

 

(c) Sustainable Building 2030 energy-efficiency performance standards must be firm, quantitative measures of total building energy use and associated carbon dioxide emissions per square foot for different building types and uses, that allow for accurate determinations of a building's conformance with a performance standard.  The energy-efficiency performance standards must be updated every three or five years to incorporate all cost-effective measures.  The performance standards must reflect the reductions in carbon dioxide emissions per square foot resulting from actions taken by utilities to comply with the renewable energy standards in section 216B.1691.  The performance standards should be designed to achieve reductions equivalent to the following reduction schedule, measured against energy consumption by an average building in each applicable building sector in 2003:  (1) 60 percent in 2010; (2) 70 percent in 2015; (3) 80 percent in 2020; and (4) 90 percent in 2025.  A performance standard must not be established or increased absent a conclusive engineering analysis that it is cost-effective based upon established practices used in evaluating utility conservation improvement programs.

 

(d) The annual amount of the contract with the Center for Sustainable Building Research is up to $500,000.  The Center for Sustainable Building Research shall expend no more than $150,000 of this amount each year on administration, coordination, and oversight activities related to Sustainable Building 2030.  The balance of contract funds must be spent for subcontracts with not-for-profit energy organizations, architecture and engineering firms, and other qualified entities to undertake technical projects and activities in support of Sustainable Building 2030.  The primary work to be accomplished each year by qualified technical experts under subcontracts is the development and thorough justification of recommendations for specific energy-efficiency performance standards.  Additional work may include:

 

(1) research, development, and demonstration of new energy-efficiency technologies and techniques suitable for commercial, industrial, and institutional buildings;

 

(2) analysis and evaluation of practices in building design, construction, commissioning and operations, and analysis and evaluation of energy use in the commercial, industrial, and institutional sectors;

 

(3) analysis and evaluation of the effectiveness and cost-effectiveness of Sustainable Building 2030 performance standards, conservation improvement programs, and building energy codes;

 

(4) development and delivery of training programs for architects, engineers, commissioning agents, technicians, contractors, equipment suppliers, developers, and others in the building industries; and

 

(5) analyze and evaluate the effect of building operations on energy use.

 

(e) The commissioner shall require utilities to develop and implement conservation improvement programs that are expressly designed to achieve energy efficiency goals consistent with the Sustainable Building 2030 performance standards.  These programs must include offerings of design assistance and modeling, financial incentives, and the verification of the proper installation of energy-efficient design components in new and substantially reconstructed buildings.  A utility's design assistance program must consider the strategic planting of trees and shrubs around buildings as an energy conservation strategy for the designed project.  A utility making an expenditure under its conservation improvement program that results in a building meeting the Sustainable Building 2030 performance standards may claim the energy savings toward its energy-savings goal established in subdivision 1c.


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(f) The commissioner shall report to the legislature every three years, beginning January 15, 2010, on the cost-effectiveness and progress of implementing the Sustainable Building 2030 performance standards and shall make recommendations on the need to continue the program as described in this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to energy; mandating consideration of strategic tree planting for energy conservation improvement project for buildings; amending Minnesota Statutes 2008, section 216B.241, subdivision 9."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 841, A bill for an act relating to agriculture; extending the farmer-lender mediation law; amending Minnesota Statutes 2008, section 583.215.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 890, A bill for an act relating to children; modifying and clarifying provisions governing parentage presumptions and right to custody; providing for prebirth parentage orders or judgments in certain cases; amending Minnesota Statutes 2008, sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1; 257.57, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, line 1, after "apply" insert "in cases in which parentage is contested"

 

Page 3, line 24, delete "from the treating physician"

 

Page 3, line 25, delete "a procedure that the physician performed" and insert "assisted reproductive technology"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 932


 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 892, A bill for an act relating to public defense; providing for public defender representation for juveniles, children in need of protection, and other persons; amending Minnesota Statutes 2008, sections 260C.163, subdivision 3; 260C.331, subdivision 3; 611.14; 611.16; 611.18.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 1097, A bill for an act relating to public safety; securing aircraft cockpits against lasers; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 1242, A bill for an act relating to public safety; establishing Brandon's law; implementing procedures for investigating missing person cases; establishing the Minnesota Clearinghouse for Missing Persons; amending Minnesota Statutes 2008, sections 13.82, subdivision 23; 299C.51; 299C.52; 299C.53; 299C.54; 299C.55; 299C.56; 299C.565; 390.25, subdivision 2; 626.8454; proposing coding for new law in Minnesota Statutes, chapter 299C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 299C.51, is amended to read:

 

299C.51 CITATION. 

 

Sections 299C.51 to 299C.53 299C.565 may be cited as the "Minnesota Missing Children's Persons' Act." 

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 2.  Minnesota Statutes 2008, section 299C.52, is amended to read:

 

299C.52 MINNESOTA MISSING CHILD CHILDREN AND ENDANGERED PERSONS PROGRAM. 

 

Subdivision 1.  Definitions.  As used in sections 299C.52 to 299C.56 299C.565, the following terms have the meanings given them: 

 

(a) "Child" means any person under the age of 18 years or any person certified or known to be mentally incompetent.


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(b) "CJIS" means Minnesota criminal justice information system.

 

(c) "Missing" means the status of a child person after a law enforcement agency that has received a report of a missing child person has conducted a preliminary investigation and determined that the child person cannot be located.

 

(d) "NCIC" means National Crime Information Center.

 

(e) "Endangered" means that a law enforcement official has received sufficient evidence that the child is with a missing person who presents a threat of immediate is at risk of physical injury to the child or physical or sexual abuse of the child. or death.  The following circumstances indicate that a missing person is at risk of physical injury or death:

 

(1) the person is missing as a result of a confirmed abduction or under circumstances that indicate that the person's disappearance was not voluntary;

 

(2) the person is missing under known dangerous circumstances;

 

(3) the person is missing more than 30 days;

 

(4) the person is under the age of 21;

 

(5) there is evidence the person is in need of medical attention or prescription medication such that it will have a serious adverse effect on the person's health if the person does not receive the needed care or medication;

 

(6) the person does not have a pattern of running away or disappearing;

 

(7) the person is mentally impaired;

 

(8) there is evidence that the person may have been abducted by a noncustodial parent;

 

(9) the person has been the subject of past threats or acts of violence;

 

(10) there is evidence the person is lost in the wilderness, backcountry, or outdoors where survival is precarious and immediate and effective investigation and search and rescue efforts are critical; or

 

(11) any other factor that the law enforcement agency deems to indicate that the person may be at risk of physical injury or death, including a determination by another law enforcement agency that the person is missing and endangered.

 

(f) "DNA" means deoxyribonucleic acid from a human biological specimen.

 

Subd. 2.  Establishment.  The commissioner of public safety shall maintain a Minnesota missing child children and endangered persons program within the department to enable documented information about missing Minnesota children and endangered persons to be entered into the NCIC computer.

 

Subd. 3.  Computer equipment and programs.  (a) The commissioner shall provide the necessary computer hardware and computer programs to enter, modify, and cancel information on missing children and endangered persons in the NCIC computer through the CJIS.  These programs must provide for search and retrieval of information using the following identifiers:  physical description, name and date of birth, name and Social Security number, name and driver's license number, vehicle license number, and vehicle identification number.


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 (b) The commissioner shall also provide a system for regional, statewide, multistate, and nationwide broadcasts of information on missing children and endangered persons.  These broadcasts shall be made by local law enforcement agencies where possible or, in the case of statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local law enforcement agency.

 

Subd. 4.  Authority to enter or retrieve information.  Only law enforcement agencies may enter missing child children and endangered person information through the CJIS into the NCIC computer or retrieve information through the CJIS from the NCIC computer.

 

Subd. 5.  Statistical data.  The commissioner shall annually compile and make available statistical information on the number of missing children and endangered persons entered into the NCIC computer and, if available, information on the number located.

 

Subd. 6.  Rules.  The commissioner may adopt rules in conformance with sections 299C.52 to 299C.56 299C.565 to provide for the orderly collection and entry of missing child children and endangered persons information and requests for retrieval of missing child children and endangered persons information. 

 

Subd. 7.  Cooperation with other agencies.  The commissioner shall cooperate with other states and the NCIC in the exchange of information on missing persons.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 3.  Minnesota Statutes 2008, section 299C.53, is amended to read:

 

299C.53 MISSING CHILD PERSONS REPORT; DUTIES OF COMMISSIONER AND LAW ENFORCEMENT AGENCIES. 

 

Subdivision 1.  Investigation and entry of information.  (a) A law enforcement agency shall accept without delay any report of a missing person.  The law enforcement agency shall not refuse to accept a missing person report on the basis that:

 

(1) the missing person is an adult;

 

(2) the circumstances do not indicate foul play;

 

(3) the person has been missing for a short amount of time;

 

(4) the person has been missing for a long amount of time;

 

(5) there is no indication that the missing person was in the jurisdiction served by the law enforcement agency at the time of the disappearance;

 

(6) the circumstances suggest that the disappearance may be voluntary;

 

(7) the reporting person does not have personal knowledge of the facts;

 

(8) the reporting person cannot provide all of the information requested by the law enforcement agency;


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(9) the reporting person lacks a familial or other relationship with the missing person; or

 

(10) for any other reason, except in cases where the law enforcement agency has direct knowledge that the person is, in fact, not missing and the exact whereabouts and welfare of the person are known at the time the report is being made.

 

A law enforcement agency shall accept missing person reports in person.  An agency may also accept reports by telephone or other electronic means to the extent such reporting is consistent with the agency's policies or practices.

 

(b) At the time a missing person report is filed, the law enforcement agency shall seek to ascertain and record the following information about the missing person:

 

(1) the name of the missing person, including any aliases;

 

(2) date of birth;

 

(3) identifying marks, such as birthmarks, moles, tattoos, piercings, and scars;

 

(4) height and weight;

 

(5) gender;

 

(6) race;

 

(7) current hair color and true or natural hair color;

 

(8) eye color;

 

(9) prosthetics, surgical implants, or cosmetic implants;

 

(10) physical anomalies;

 

(11) blood type, if known;

 

(12) any medications the missing person is taking or needs to take;

 

(13) driver's license number, if known;

 

(14) Social Security number, if known;

 

(15) a recent photograph of the missing person, if available;

 

(16) a description of the clothing the missing person was believed to be wearing at the time of disappearance;

 

(17) a description of notable items that the missing person may be carrying or wearing;

 

(18) information regarding the missing person's electronic communications devices, such as a cell phone number, e-mail address, and social networking usernames and Web sites;

 

(19) the reasons why the reporting person believes that the person is missing;


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(20) the name and location of the missing person's school or employer, if known;

 

(21) the name and location of the missing person's dentist and primary care physician, if known;

 

(22) any circumstances that may indicate that the disappearance was not voluntary;

 

(23) any circumstances that indicate that the missing person may be at risk of injury or death;

 

(24) a description of the possible means of transportation of the missing person, such as the make, model, color, license, and vehicle identification number (VIN) of a motor vehicle;

 

(25) any identifying information about a known or possible abductor or the person last seen with the missing person, including name; physical description; date of birth; identifying marks; description of possible means of transportation, such as the make, model, color, license, and vehicle identification number (VIN) of a motor vehicle; and known associates;

 

(26) date of last contact; and

 

(27) any other information that can aid in locating the missing person.

 

(c) Upon receiving a report of a child person believed to be missing, a law enforcement agency shall immediately conduct a preliminary investigation to determine whether the child person is missing, and if missing, whether the person is endangered.  If the child person is initially determined to be missing and endangered, the agency shall immediately consult the Bureau of Criminal Apprehension during the preliminary investigation, in recognition of the fact that the first two hours are critical.  If the child person is determined to be missing and endangered, the agency shall immediately enter identifying and descriptive information about the child person through the CJIS into the NCIC computer.  Law enforcement agencies having direct access to the CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the systems.

 

Subd. 2.  Location of missing child person.  Immediately after a missing child person is located, the law enforcement agency which located or returned the missing child person shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the NCIC computer.

 

Subd. 3.  Missing and endangered children persons.  If the Bureau of Criminal Apprehension receives a report from a law enforcement agency indicating that a child person is missing and endangered, the superintendent may assist the law enforcement agency in conducting the preliminary investigation, offer resources, and assist the agency in helping implement the investigation policy with particular attention to the need for immediate action.  The law enforcement agency shall promptly notify all law enforcement agencies in the state and, if deemed appropriate, law enforcement agencies in adjacent states or jurisdictions of any information that may aid in the prompt location and safe return of a missing and endangered person.

 

Subd. 4.  Federal requirements.  In addition to the provisions of sections 299C.51 to 299C.565, the law enforcement agency and the Bureau of Criminal Apprehension shall comply with requirements provided in federal law on reporting and investigating missing children cases.  For purposes of this subdivision, the definition of "child," "children," or "minor" shall be determined in accordance with the applicable federal law.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.


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Sec. 4.  [299C.535] INFORMATION PROVIDED TO FAMILY MEMBERS OR PERSON FILING REPORT. 

 

Subdivision 1.  Notification.  The law enforcement agency shall provide the following information to the person making the report, a family member, or any other person in a position to assist the law enforcement agency in its efforts to locate the missing person:

 

(1) general information about the handling of the missing person case or about intended efforts in the case to the extent that the law enforcement agency determines that disclosure would not adversely affect its ability to locate or protect the missing person, to apprehend or to prosecute any persons criminally involved in the disappearance;

 

(2) contact information for the law enforcement agency in case the person is able to provide additional information and materials that will aid in locating the missing person, such as any credit or debit cards the missing person has access to, other banking or financial information, and any records of cell phone use;

 

(3) in those cases where DNA samples are requested, a notification that all the DNA samples are provided on a voluntary basis and shall be used solely to help locate or identify the missing person and shall not be used for any other purpose;

 

(4) information on how to report a missing person case to the National Missing and Unidentified Persons System; and

 

(5) information on the two clearinghouses for missing persons information.  If the person reported missing is age 17 or under, the law enforcement agency shall provide contact information for the National Center for Missing and Exploited Children.  If the person reported missing is age 18 or older, the law enforcement agency shall provide contact information for the National Center for Missing Adults.  If the person reported missing is age 18, 19, or 20, the law enforcement agency may contact the National Center for Missing and Exploited Children and report the missing person information.

 

Subd. 2.  Request for additional information.  (a) If the person identified in the missing person report remains missing for 30 days, and the additional information and materials specified below have not been received, the law enforcement agency shall attempt to obtain:

 

(1) DNA samples from family members and, if possible, from the missing person along with any needed documentation, including consent forms, required for the use of state or federal DNA databases;

 

(2) dental information and x-rays, and an authorization to release dental information or x-rays of the missing person;

 

(3) any additional photographs of the missing person that may aid the investigation or an identification; and

 

(4) fingerprints.

 

(b) The law enforcement agency shall immediately determine whether any additional information received on the missing person indicates that the person is endangered.

 

(c) Any additional information or materials received by the law enforcement agency shall be entered into the applicable state or federal database as soon as possible.

 

(d) Nothing in this section shall be construed to preclude a law enforcement agency from obtaining any of the materials identified in this section before the 30th day following the filing of the missing person report.


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(e) The law enforcement agency shall not be required to obtain written authorization before it releases publicly any photograph that would aid in the investigation or identification of the missing person.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 5.  Minnesota Statutes 2008, section 299C.54, subdivision 1, is amended to read:

 

Subdivision 1.  Distribution.  The commissioner shall distribute a missing children and endangered persons bulletin on a quarterly basis to local law enforcement agencies, county attorneys, and, in the case of missing children, to public and nonpublic schools.  The commissioner shall also make this information accessible to other parties involved in efforts to locate missing children and endangered persons and to other persons as the commissioner considers appropriate.  The commissioner may distribute the bulletin through print or electronic media.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 6.  Minnesota Statutes 2008, section 299C.54, subdivision 2, is amended to read:

 

Subd. 2.  Photograph.  The commissioner shall provide appropriate local law enforcement agencies with a list of missing children, with an appropriate waiver form to assist the agency in obtaining a photograph of each missing child.  Local agencies shall obtain the most recent photograph available for missing children and endangered persons and forward those photographs to the commissioner.  The commissioner shall include these photographs, as they become available, in the quarterly bulletins.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 7.  Minnesota Statutes 2008, section 299C.54, subdivision 3, is amended to read:

 

Subd. 3.  Included with mailing.  State and local elected officials and agencies may enclose in their mailings information regarding missing children and endangered persons obtained from law enforcement agencies or from any organization that is recognized as a nonprofit, tax-exempt organization under state or federal law and has an ongoing missing children and endangered persons program.  Elected officials and commissioners of state agencies are urged to develop policies to enclose missing children and endangered persons information in mailings when it will not increase postage costs and is otherwise considered appropriate.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 8.  Minnesota Statutes 2008, section 299C.54, subdivision 3a, is amended to read:

 

Subd. 3a.  Collection of data.  Identifying information on missing children and endangered persons entered into the NCIC computer regarding cases that are still active at the time the missing children and endangered persons bulletin is compiled each quarter may be included in the bulletin.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 9.  Minnesota Statutes 2008, section 299C.55, is amended to read:

 

299C.55 TRAINING. 

 

The commissioner shall adopt standards for training appropriate personnel concerning the investigation of missing children cases and shall include a briefing on endangered person cases.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.


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Sec. 10.  Minnesota Statutes 2008, section 299C.56, is amended to read:

 

299C.56 RELEASE OF MEDICAL DATA. 

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Health care facility" means the office of a dentist or physician, or another medical facility, that is in possession of identifying data.

 

(c) "Identifying data" means dental or skeletal X-rays, or both, and related information, previously created in the course of providing dental or medical care to a child who has now been reported as missing or a person who has now been reported as missing and endangered.

 

Subd. 2.  Written declaration.  If a child is reported missing or a person is reported missing and endangered, a law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing child or endangered person is being conducted, and that the identifying data are necessary for the exclusive purpose of furthering the investigation.  Notwithstanding chapter 13 or section 144.651, subdivision 16, when a written declaration executed under this subdivision, signed by a peace officer, is presented to a health care facility, the facility shall provide access to the missing child's child or endangered person's identifying data to the law enforcement agency. 

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 11.  Minnesota Statutes 2008, section 299C.565, is amended to read:

 

299C.565 MISSING PERSON REPORT. 

 

(a) The local law enforcement agency having jurisdiction over the location where a person has been missing or was last seen has the responsibility to take a missing person report from an interested party.  If this location cannot be clearly and easily established, the local law enforcement agency having jurisdiction over the last verified location where the missing person last resided has the responsibility to take the report.

 

(b) The law enforcement agency that has the responsibility to take the report of a missing person shall be the lead law enforcement agency in charge of the missing person investigation, and shall continue in that capacity unless another law enforcement agency assumes primary responsibility over the investigation.  The lead law enforcement agency shall be entitled to the cooperation of any other law enforcement agency in the state.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 12.  Minnesota Statutes 2008, section 390.25, subdivision 2, is amended to read:

 

Subd. 2.  Report to BCA.  (a) After 60 30 days, the coroner or medical examiner shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse information to be entered into federal and state databases that can aid in the identification, including the National Crime Information Center database.  The coroner or medical examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for DNA analysis.  DNA profiles and information shall be entered by the Bureau of Criminal Apprehension into federal and state DNA databases within five business days after the completion of the DNA analysis and procedures necessary for the entry of the DNA profile.


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(b) If a deceased's remains are identified as a missing person, the Bureau of Criminal Apprehension shall attempt to locate family members of the deceased person and inform them of the death and location of the deceased person's remains.  All efforts to locate and notify family members shall be recorded and retained by the Bureau of Criminal Apprehension.

 

EFFECTIVE DATE.  This section is effective July 1, 2009.

 

Sec. 13.  Minnesota Statutes 2008, section 626.8454, is amended by adding a subdivision to read:

 

Subd. 4.  Available resources.  If an agency, board, or local representative reviews or updates its policies for missing children or persons investigations, it may consider the following resources:

 

(1) nonprofit search and rescue organizations that provide trained animal searches, specialized equipment, and man trackers;

 

(2) assistance from other law enforcement agencies at the local, state, or federal level, or qualified missing persons organizations;

 

(3) use of subpoenas or search warrants for electronic and wireless communication devices, computers, and Web sites;

 

(4) triangulation and tracking of cellular telephones and other wireless communication devices; and

 

(5) assistance and services provided by the Civil Air Patrol.

 

EFFECTIVE DATE.  This section is effective July 1, 2009."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; establishing Brandon's Law; implementing procedures for investigating missing person cases; amending Minnesota Statutes 2008, sections 299C.51; 299C.52; 299C.53; 299C.54, subdivisions 1, 2, 3, 3a; 299C.55; 299C.56; 299C.565; 390.25, subdivision 2; 626.8454, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299C."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Hilty from the Energy Finance and Policy Division to which was referred:

 

H. F. No. 1250, A bill for an act relating to transportation; regulating electric vehicle infrastructure; establishing incentives for adoption and use of electric vehicles; amending Minnesota Statutes 2008, sections 116D.04, by adding a subdivision; 169.011, by adding subdivisions; 216B.02, subdivision 4; 326B.106, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 325F; 471.

 

Reported the same back with the following amendments:

 

Page 2, line 24, before the period, insert ", and that is not otherwise a public utility under this chapter"


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Page 5, line 8, delete "50" and insert "75"

 

Page 5, line 10, delete everything after "have"

 

Page 5, line 11, delete "panel to the parking garage" and insert "electric vehicle charging systems installed in the parking garage according to the electrical safety standards in section 326B.35 that are"

 

Page 5, line 13, delete everything after "and"

 

Page 5, line 14, delete everything before "in" and insert "an electric vehicle charging system installed according to the electrical safety standards in section 326B.35"

 

Page 5, line 17, delete everything after "have" and insert "electric vehicle charging systems installed according to the electrical safety standards in section 326B.35"

 

Page 5, delete sections 7 and 8

 

Amend the title as follows:

 

Page 1, line 2, delete "establishing"

 

Page 1, line 3, delete everything before "amending"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Labor.

 

      The report was adopted.

 

 

Mullery from the Committee on Civil Justice to which was referred:

 

H. F. No. 1397, A bill for an act relating to courts; providing the Fourth Judicial District with fiscal flexibility as to the location of court facilities; amending Minnesota Statutes 2008, section 484.91, subdivision 1; repealing Minnesota Statutes 2008, section 383B.65, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 8, after "bureaus" insert "in the Fourth Judicial District"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety Policy and Oversight.

 

      The report was adopted.


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Solberg from the Committee on Ways and Means to which was referred:

 

S. F. No. 119, A bill for an act relating to game and fish; providing support for the Lessard Outdoor Heritage Council; appropriating money.

 

Reported the same back with the following amendments to the unofficial engrossment:

 

Page 1, line 12, after the period, insert "If another fund has paid the expenses under this subdivision, this appropriation may be used to reimburse that fund."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

S. F. No. 757, A bill for an act relating to public safety; authorizing Department of Public Safety to collect fuel decal fee for International Fuel Tax Agreement; removing rule establishing cost of decal fee; amending Minnesota Statutes 2008, section 168D.07; repealing Minnesota Rules, part 7403.1400.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 549, 655, 689 and 890 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 119 and 757 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Kahn and Holberg introduced:

 

      H. F. No. 1821, A bill for an act relating to genetic information; specifying how genetic information is to be treated; requiring informed consent prior to collecting genetic information and biological specimens; classifying data collection; amending Minnesota Statutes 2008, sections 13.3805, by adding a subdivision; 13.384, subdivision 1, by


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adding a subdivision; 144.69; 299C.155, subdivisions 1, 3, 4, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2008, section 13.386; Minnesota Rules, part 4606.3306.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Sailer and Murphy, E., introduced:

 

      H. F. No. 1822, A bill for an act relating to health; providing immunity from liability for volunteer dentists under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Simon introduced:

 

      H. F. No. 1823, A bill for an act relating to religious corporations; permitting a church benefits board to act as a trustee of a trust; amending Minnesota Statutes 2008, section 317A.909.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Severson, Otremba, Koenen, Olin, Kiffmeyer and Eastlund introduced:

 

      H. F. No. 1824, A bill for an act relating to the Minnesota Constitution; proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; providing that a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in Minnesota.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.

 

 

      Urdahl, Gardner, Seifert, Koenen, Beard, Kelly and Drazkowski introduced:

 

      H. F. No. 1825, A resolution memorializing the President and Congress to repeal the federal legislation of 1863 ordering the removal of Dakota people from Minnesota and the Dakotas.

 

      The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

      Severson and Drazkowski introduced:

 

      H. F. No. 1826, A bill for an act relating to judiciary; proposing an amendment to the Minnesota Constitution, article VI, section 8, to require all vacancies in the office of judge to be elected; excluding a judge's unfinished term of office from allowable service for retirement; permitting judges to retire at the end of the term in which the judge reaches the age of 70; amending Minnesota Statutes 2008, section 490.121, subdivisions 4, 21d.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.


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      Paymar, Hilstrom and Smith introduced:

 

      H. F. No. 1827, A bill for an act relating to courts; enforcing judicial sanctions, including fines, fees, and surcharges; amending Minnesota Statutes 2008, sections 2.724, subdivisions 2, 3; 86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025, subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding subdivisions; 169A.284; 299D.03, subdivision 5; 357.021, subdivision 6; 364.08; 480.15, by adding a subdivision; 484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1; 550.011; 609.10, subdivision 1; 609.101, subdivision 4; 609.125, subdivision 1; 609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 631.48; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.135, subdivision 8.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Hornstein, Nelson, Winkler, Benson and Clark introduced:

 

      H. F. No. 1828, A bill for an act relating to municipal planning; authorizing amendments to a municipal comprehensive plan for affordable housing to be approved by a simple majority; amending Minnesota Statutes 2008, section 462.355, subdivision 3.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Mullery introduced:

 

      H. F. No. 1829, A bill for an act relating to real property; regulating contracts for deed and rental purchase agreements; providing attorney fees and other remedies; amending Minnesota Statutes 2008, sections 504B.285, subdivision 1; 507.235, subdivisions 1, 2; 559.205; proposing coding for new law in Minnesota Statutes, chapter 559.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Huntley introduced:

 

      H. F. No. 1830, A bill for an act relating to human services; modifying payment rates for hospitals located within the seven-county metropolitan area; amending Minnesota Statutes 2008, section 256.969, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Huntley introduced:

 

      H. F. No. 1831, A bill for an act relating to human services; modifying performance withholds for managed care plans serving state health care program enrollees; amending Minnesota Statutes 2008, section 256L.12, subdivision 9.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.


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      Huntley introduced:

 

      H. F. No. 1832, A bill for an act relating to human services; modifying the state medical review team process; requiring an annual report; appropriating money; amending Minnesota Statutes 2008, sections 256.01, by adding a subdivision; 256B.055, subdivision 7; 256B.057, subdivision 9.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Beard introduced:

 

      H. F. No. 1833, A bill for an act relating to capital improvements; appropriating money for the marked Trunk Highway 169 Corridor Transit Way; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Thissen, Hilstrom, Nelson and Davnie introduced:

 

      H. F. No. 1834, A bill for an act relating to occupations and professions; regulating the practice of plumbing; regulating work on medical gas systems; proposing coding for new law in Minnesota Statutes, chapter 326B.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Haws introduced:

 

      H. F. No. 1835, A bill for an act relating to higher education; setting the living and miscellaneous expense allowance for the state grant program.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Sertich, Anzelc, Rukavina, Gunther and Beard introduced:

 

      H. F. No. 1836, A bill for an act relating to energy; requiring amendment to contract entered into under biomass mandate and allowing cost recovery; amending Minnesota Statutes 2008, section 216B.2424, subdivision 5a.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.

 

 

      Lesch introduced:

 

      H. F. No. 1837, A bill for an act relating to telecommunications; enacting the Minnesota Wireless Telephone Consumer Protection Act; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 946


 

      Persell and Howes introduced:

 

      H. F. No. 1838, A bill for an act relating to capital improvements; appropriating money for the Paul Bunyan State Trail; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Hilstrom and Nelson introduced:

 

      H. F. No. 1839, A bill for an act relating to health and human services; requiring the commissioners of health and human services to provide notice to cities of certain residential programs' licensure; amending Minnesota Statutes 2008, sections 144D.03, by adding a subdivision; 245A.11, subdivision 4, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Davids introduced:

 

      H. F. No. 1840, A bill for an act relating to capital investment; authorizing the sale and issuance of state bonds; appropriating money for renovation of the Lanesboro dam.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Liebling introduced:

 

      H. F. No. 1841, A bill for an act relating to drivers' licenses; modifying provision relating to driver's license suspension; amending Minnesota Statutes 2008, section 171.18, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Kahn introduced:

 

      H. F. No. 1842, A bill for an act relating to capital improvements; appropriating money for the State Capitol Building; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Jackson introduced:

 

      H. F. No. 1843, A bill for an act relating to municipalities; authorizing the city of Milaca to establish street improvement districts and apportion street improvement fees within district; requiring adoption of street improvement plan; authorizing collection of fees.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 947


 

      Koenen introduced:

 

      H. F. No. 1844, A bill for an act relating to public safety; providing for restorative justice-based diversion programs; proposing coding for new law in Minnesota Statutes, chapter 609.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Huntley introduced:

 

      H. F. No. 1845, A bill for an act relating to human services; requiring that certain enrollees select a primary care clinic with clinicians who are certified as health care homes; amending Minnesota Statutes 2008, section 256B.0751, subdivision 7.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Sertich introduced:

 

      H. F. No. 1846, A bill for an act relating to capital improvements; appropriating money for a grant to the city of Chisholm for sanitary sewer and related infrastructure improvements; authorizing the sale of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Fritz introduced:

 

      H. F. No. 1847, A bill for an act relating to insurance; requiring health plans to establish equal out-of-pocket requirements for oral chemotherapy medications and intravenously administered chemotherapy medications; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Newton introduced:

 

      H. F. No. 1848, A bill for an act relating to game and fish; establishing a lifetime spearing license and lifetime angling and spearing license; adding spearing to the lifetime sporting license; amending Minnesota Statutes 2008, sections 97A.473, subdivisions 1, 5, by adding subdivisions; 97A.4742, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Nelson, Marquart, Lanning and Pelowski introduced:

 

      H. F. No. 1849, A bill for an act relating to local government; removing, extending, or modifying certain mandates upon local governmental units; amending Minnesota Statutes 2008, sections 6.80, by adding a subdivision; 211B.37; 306.243, by adding a subdivision; 326B.145; 344.18; 375.12, subdivision 2; 375.17, subdivision 1; 382.265; 384.151, subdivision 1a; 385.373, subdivision 1a; 386.015, subdivision 2; 387.20, subdivisions 1, 2;


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 948


 

429.041, subdivisions 1, 2; 469.015; 471.999; 473.862; 508.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2008, sections 15.435; 373.42; 384.151, subdivisions 1, 3; 385.373, subdivisions 1, 3; 386.015, subdivisions 1, 4; 387.20, subdivision 4; 471.661.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Haws introduced:

 

      H. F. No. 1850, A bill for an act relating to state government; reorganizing the administration of various training and employment functions; transferring various responsibilities to Minnesota State Colleges and Universities.

 

      The bill was read for the first time and referred to the Higher Education and Workforce Development Finance and Policy Division.

 

 

      Mullery introduced:

 

      H. F. No. 1851, A bill for an act relating to employment; appropriating money for enforcement of prevailing wages.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Knuth, Kahn and Kalin introduced:

 

      H. F. No. 1852, A bill for an act relating to energy; extending period during which renewable energy payment incentives may be paid; directing payments to other projects from projects whose eligibility to receive payments expires; appropriating money for incentive payments; amending Minnesota Statutes 2008, section 116C.779, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Atkins introduced:

 

      H. F. No. 1853, A bill for an act relating to commerce; regulating various licenses, forms, coverages, marketing practices, and records; classifying certain data; providing for the coordination of health insurance benefits; prescribing a criminal penalty; amending Minnesota Statutes 2008, sections 13.716, by adding a subdivision; 45.011, subdivision 1; 45.0135, subdivision 7; 58.02, subdivision 17; 59B.01; 60A.08, by adding a subdivision; 60A.198, subdivisions 1, 3; 60A.205, subdivision 1; 60A.2085, subdivisions 1, 3, 7, 8; 60A.23, subdivision 8; 60A.235; 60A.32; 60K.365; 62A.011, subdivision 3; 62A.136; 62A.315; 62A.316; 62L.02, subdivision 26; 62M.05, subdivision 3a; 65A.27, subdivision 1; 67A.191, subdivision 2; 72A.139, subdivision 2; 72A.20, subdivision 15; 82.31, subdivision 4; 82B.08, by adding a subdivision; 82B.20, subdivision 2; 256B.0571, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 62A; 72A; 82B; repealing Minnesota Statutes 2008, sections 70A.07; 79.56, subdivision 4; 325E.311; 325E.312; 325E.313; 325E.314; 325E.315; 325E.316; Minnesota Rules, parts 2742.0100; 2742.0200; 2742.0300; 2742.0400; 2742.0500.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 949


 

      Sertich introduced:

 

      H. F. No. 1854, A bill for an act relating to capital improvement; authorizing the sale of state bonds; appropriating money for a grant to the city of Hibbing to renovate three fire stations in the city.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Thao and Abeler introduced:

 

      H. F. No. 1855, A bill for an act relating to occupations; changing provisions for athletic trainers; amending Minnesota Statutes 2008, sections 148.7802, subdivisions 3, 6, 9, by adding a subdivision; 148.7803, subdivision 1; 148.7806; 148.7807; 148.7808, subdivision 4; 148.7813, by adding a subdivision; repealing Minnesota Statutes 2008, section 148.7802, subdivisions 4, 5.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Swails and McFarlane introduced:

 

      H. F. No. 1856, A bill for an act relating to pupil transportation; authorizing a school district to report actual costs instead of allocated costs for contracted services; clarifying certain field trip costs; broadening resident district involvement when a student is placed in another district for care and treatment; increasing the maximum weight of a type A-I school bus; modifying seat back and tailpipe equipment standards; amending Minnesota Statutes 2008, sections 123B.92, subdivisions 1, 5; 125A.15; 125A.51; 169.011, subdivision 71; 169.443, subdivision 9; 169.4501, subdivision 1; 169.4503, subdivision 20, by adding a subdivision; 169.454, subdivision 13; 169A.03, subdivision 23; 171.01, subdivision 22; 171.02, subdivisions 2, 2a; 171.321, subdivisions 1, 4, 5.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Pelowski, Poppe and Emmer introduced:

 

      H. F. No. 1857, A bill for an act relating to rulemaking; authorizing notice by electronic mail; amending Minnesota Statutes 2008, sections 14.07, subdivision 6; 14.14, subdivision 1a; 14.22, subdivision 1; 14.389, subdivision 2; 14.3895, subdivision 3.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Lesch introduced:

 

      H. F. No. 1858, A bill for an act relating to public safety; recodifying and restructuring the law on expungements of criminal records; expanding eligibility for expungements; proposing coding for new law as Minnesota Statutes, chapter 609C; repealing Minnesota Statutes 2008, sections 609A.01; 609A.02; 609A.03.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 950


 

      Bigham and Cornish introduced:

 

      H. F. No. 1859, A bill for an act relating to state government; merging Board of Private Detective and Protective Agent Services and the Board of Peace Officer Standards and Training; amending Minnesota Statutes 2008, sections 214.01, subdivision 3; 214.04, subdivision 1; 326.32, subdivisions 2, 3; 326.3361, subdivision 4; 626.842, subdivision 2; 626.843, subdivision 1; 626.845; repealing Minnesota Statutes 2008, sections 326.32, subdivision 11; 326.33, subdivisions 1, 2, 6; 326.3311; 326.3321; 326.3331.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Ruud introduced:

 

      H. F. No. 1860, A bill for an act relating to health; regulating the use of lasers, intense pulsed light devices, and radio frequency devices; amending Minnesota Statutes 2008, section 147.081, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 147.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Champion, Solberg, Zellers, Hausman, Kelliher and Holberg introduced:

 

      H. F. No. 1861, A bill for an act relating to capital improvements; appropriating money for the Minnesota Shubert Center; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Bly and Kelliher introduced:

 

      H. F. No. 1862, A bill for an act relating to energy cooperatives; authorizing the formation of distributed generation cooperatives; proposing coding for new law in Minnesota Statutes, chapter 308A.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.

 

 

      Bly introduced:

 

      H. F. No. 1863, A bill for an act relating to solid waste; exempting certain facilities from fees for solid waste disposal; amending Minnesota Statutes 2008, section 115A.921.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Sertich introduced:

 

      H. F. No. 1864, A bill for an act relating to capital improvements; appropriating money for a grant to the city of Hibbing for street reconstruction; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 951


 

      Gottwalt, Gardner, Brod, Peppin, Dean, Shimanski, Urdahl, Kelly, Torkelson, Dettmer, Drazkowski, Kiffmeyer, Mack, Abeler, Davids and Buesgens introduced:

 

      H. F. No. 1865, A bill for an act relating to human services; modifying the provision of MinnesotaCare services; establishing requirements for healthy Minnesota plans; establishing healthy Minnesota accounts for certain MinnesotaCare enrollees; amending Minnesota Statutes 2008, sections 256L.01, by adding a subdivision; 256L.03, subdivisions 1, 1a, 3; 256L.15, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256L; repealing Minnesota Statutes 2008, sections 256L.03, subdivisions 1b, 5; 256L.12, subdivision 6.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Sertich introduced:

 

      H. F. No. 1866, A bill for an act relating to capital improvement; authorizing the sale and issuance of state bonds; appropriating money for a grant to the city of Hibbing to renovate the city public library.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Anderson, S.; Zellers and Peppin introduced:

 

      H. F. No. 1867, A bill for an act relating to highways; appropriating money for adding a lane to a portion of Interstate Highway 494; authorizing sale of trunk highway bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Mullery introduced:

 

      H. F. No. 1868, A bill for an act relating to education; allowing parents or guardians to designate a person to attend a school conference; amending Minnesota Statutes 2008, section 13.32, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Faust and Hilty introduced:

 

      H. F. No. 1869, A bill for an act relating to capital investment; authorizing the sale and issuance of bonds; appropriating money for an entrepreneurship and technology business incubator.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Dettmer, Cornish, Nornes, Drazkowski, Murdock, Kelly and Shimanski introduced:

 

      H. F. No. 1870, A bill for an act relating to the Minnesota Constitution; proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; providing that a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in Minnesota.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 952


 

      Drazkowski, Gottwalt, Shimanski, Kiffmeyer and Dettmer introduced:

 

      H. F. No. 1871, A bill for an act relating to the Minnesota Constitution; proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; providing that a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in Minnesota.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.

 

 

      Zellers introduced:

 

      H. F. No. 1872, A bill for an act relating to trade regulations; providing for construction of the Minnesota Unlawful Trade Practices Act, Uniform Deceptive Trade Practices Act, Prevention of Consumer Fraud Act, and False Statement in Advertisement Act; modifying private remedies; amending Minnesota Statutes 2008, sections 8.31, subdivision 3a, by adding a subdivision; 325D.09; 325D.16; 325D.46, subdivision 1; 325D.47; 325F.67; 325F.69, by adding subdivisions.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Lillie, Davids and Fritz introduced:

 

      H. F. No. 1873, A bill for an act relating to capital improvements; appropriating money for state trail rehabilitation; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Drazkowski, Shimanski, Dettmer and Kelly introduced:

 

      H. F. No. 1874, A bill for an act relating to taxation; property tax refund; amending Minnesota Statutes 2008, sections 290A.03, subdivisions 11, 13, by adding subdivisions; 290A.19.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      McNamara, Juhnke, Magnus, Solberg and Dill introduced:

 

      H. F. No. 1875, A bill for an act relating to environment; modifying environmental review requirements; exempting certain projects that are subject to standards from environmental review; requiring project proposers to prepare environmental impact statements and environmental assessment worksheets; amending Minnesota Statutes 2008, sections 116D.04, subdivisions 2a, 2b, 3a, 6a, 10, by adding a subdivision; 116D.045.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Lesch introduced:

 

      H. F. No. 1876, A bill for an act relating to data practices; regulating employment and training data; classifying data; defining terms; amending Minnesota Statutes 2008, section 13.47, subdivisions 1, 2, 3, 4.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 953


 

      Hackbarth, Juhnke, Magnus, Hamilton and Dill introduced:

 

      H. F. No. 1877, A bill for an act relating to environment; requiring an analysis of state air quality, hazardous waste, and water quality standards; amending Minnesota Statutes 2008, section 116.07, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Smith introduced:

 

      H. F. No. 1878, A bill for an act relating to taxation; the city of Medina; authorizing extension of time for certain activities in tax increment financing district.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Smith introduced:

 

      H. F. No. 1879, A bill for an act relating to taxation; the city of Mound; tax increment financing.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Severson and Newton introduced:

 

      H. F. No. 1880, A bill for an act relating to veterans; requiring an interview for veterans listed as meeting minimum qualifications and claiming veterans preference for positions of state government employment; applying to state civil service certain removal provisions in current local government law; requiring a report of certain state employment statistics pertaining to veterans; amending Minnesota Statutes 2008, sections 43A.11, subdivision 7; 197.455, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

      Hackbarth, Cornish, Zellers, Drazkowski and Emmer introduced:

 

      H. F. No. 1881, A bill for an act relating to game and fish; establishing hunters', anglers', and trappers' bill of rights; proposing amendments to the Minnesota Constitution, articles I and XIII to protect the right to arms and the right to wear fur and display game; requiring the commissioner of natural resources to ensure hunting and fishing access; establishing a program to allow public walk-in access on private property; appropriating money; amending Minnesota Statutes 2008, sections 97A.045, by adding a subdivision; 97A.083; 97B.001, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 86A.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Winkler, Kalin, Hortman, Simon and Pelowski introduced:

 

      H. F. No. 1882, A bill for an act relating to the legislature; modifying the definition of a legislative day; amending Minnesota Statutes 2008, section 3.012.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 954


 

      Davnie introduced:

 

      H. F. No. 1883, A bill for an act relating to the state agricultural society; eliminating the maximum limit on its bonded debt and the sunset on the authority to issue bonds; modifying the authorized investments of debt service funds; requiring notification of the commissioner of finance; amending Minnesota Statutes 2008, sections 37.31, subdivisions 1, 7; 37.33, subdivision 3; 37.34; repealing Minnesota Statutes 2008, section 37.31, subdivision 7.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Anderson, S.; Reinert; Davids and Magnus introduced:

 

      H. F. No. 1884, A bill for an act relating to natural resources; requiring designation of state land for use by veterans.

 

      The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

      Dittrich, Hortman and Newton introduced:

 

      H. F. No. 1885, A bill for an act relating to taxation; local government aid; appropriating money for a specific purpose; amending Minnesota Statutes 2008, section 477A.03, subdivision 2a.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Juhnke introduced:

 

      H. F. No. 1886, A bill for an act relating to agriculture; establishing the Feeding Minnesota Task Force; proposing coding for new law in Minnesota Statutes, chapter 31.

 

      The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

      Mullery, by request, introduced:

 

      H. F. No. 1887, A bill for an act relating to housing; providing for rehabilitation of vacant and abandoned housing due to foreclosure crisis; protecting the health, safety, and welfare of the community through appropriate police powers; providing legal process to appoint receivers for abandoned properties and recovery of funds expended to bring property up to code; proposing coding for new law in Minnesota Statutes, chapter 463.

 

      The bill was read for the first time and referred to the Housing Finance and Policy and Public Health Finance Division.

 

 

      Mullery introduced:

 

      H. F. No. 1888, A bill for an act relating to economic development; amending definitions; appropriating money; amending Minnesota Statutes 2008, sections 469.201, subdivisions 2, 4, 6, 7, 11; 469.202, subdivisions 2, 3; 469.203; 469.204, subdivisions 2, 3; 469.205, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Finance.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 955


 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following House File, herewith returned:

 

      H. F. No. 56, A bill for an act relating to capital investment; correcting the grantee for a parks appropriation; amending Laws 2008, chapter 179, section 7, subdivision 26.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 32, 236, 404, 423, 743, 265, 685, 887 and 978.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 32, A bill for an act relating to elections; clarifying that election judge may affirm oath; amending Minnesota Statutes 2008, section 204B.24.

 

The bill was read for the first time.

 

Hilstrom moved that S. F. No. 32 and H. F. No. 172, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 236, A bill for an act relating to state government; designating March 25 as Medal of Honor Day; proposing coding for new law in Minnesota Statutes, chapter 10.

 

The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

S. F. No. 404, A bill for an act relating to insurance; requiring a notice to applicants for homeowners' insurance; amending Minnesota Statutes 2008, section 65A.29, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce and Labor.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 956


 

S. F. No. 423, A bill for an act relating to campaign finance; specifying certain items as noncampaign disbursements; amending Minnesota Statutes 2008, section 10A.01, subdivision 26.

 

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

S. F. No. 743, A bill for an act relating to commerce; weights and measures; updating petroleum standards; establishing standards for biodiesel blends and fuels; amending Minnesota Statutes 2008, sections 239.761, subdivisions 3, 4, 5, 6, 7, 9, 11, 16; 239.77, subdivision 1; 296A.01, subdivisions 8, 20, 23, 24, 26, 28.

 

The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

S. F. No. 265, A bill for an act relating to public safety; requiring crime alerts to be distributed in a format that disabled citizens can access; amending Minnesota Statutes 2008, section 13.871, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611A.

 

The bill was read for the first time and referred to the Committee on Civil Justice.

 

 

S. F. No. 685, A bill for an act relating to health occupation; licensing respiratory therapists; amending Minnesota Statutes 2008, sections 147C.01; 147C.05; 147C.10; 147C.15; 147C.20; 147C.25; 147C.30; 147C.35; 147C.40.

 

The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

S. F. No. 887, A bill for an act relating to transportation; establishing a portion of Trunk Highway 200 as the Veterans Memorial Highway; amending Minnesota Statutes 2008, section 161.14, by adding a subdivision.

 

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

S. F. No. 978, A bill for an act relating to human services; changing the requirements for shaken baby syndrome training in licensed child care and child foster care programs; amending Minnesota Statutes 2008, sections 245A.144; 245A.1444; 245A.40, subdivision 5; 245A.50, subdivision 5.

 

The bill was read for the first time.

 

Sterner moved that S. F. No. 978 and H. F. No. 782, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Solberg moved that the name of Loeffler be shown as chief author on H. F. No. 6.  The motion prevailed.

 

      Norton moved that the name of Kelliher be added as an author on H. F. No. 72.  The motion prevailed.


Journal of the House - 21st Day - Wednesday, March 18, 2009 - Top of Page 957


 

      Clark moved that the name of Newton be added as an author on H. F. No. 286.  The motion prevailed.

 

      Marquart moved that the name of Slocum be added as an author on H. F. No. 511.  The motion prevailed.

 

      Knuth moved that the name of Emmer be added as an author on H. F. No. 704.  The motion prevailed.

 

      Jackson moved that her name be stricken as an author on H. F. No. 889.  The motion prevailed.

 

      Hausman moved that the name of Ruud be added as an author on H. F. No. 916.  The motion prevailed.

 

      McNamara moved that his name be stricken as an author on H. F. No. 1031.  The motion prevailed.

 

      Norton moved that the name of Benson be added as an author on H. F. No. 1080.  The motion prevailed.

 

      Huntley moved that the name of Abeler be added as an author on H. F. No. 1140.  The motion prevailed.

 

      Dill moved that the names of Howes, Fritz and Solberg be added as authors on H. F. No. 1157.  The motion prevailed.

 

      Davnie moved that the names of Bunn and Ward be added as authors on H. F. No. 1198.  The motion prevailed.

 

      Welti moved that his name be stricken as an author on H. F. No. 1250.  The motion prevailed.

 

      Drazkowski moved that the name of Pelowski be added as an author on H. F. No. 1262.  The motion prevailed.

 

      Hackbarth moved that the name of Abeler be added as an author on H. F. No. 1287.  The motion prevailed.

 

      Thao moved that the name of Abeler be added as an author on H. F. No. 1295.  The motion prevailed.

 

      Dean moved that the name of Bunn be added as an author on H. F. No. 1316.  The motion prevailed.

 

      Seifert moved that the name of Abeler be added as an author on H. F. No. 1347.  The motion prevailed.

 

      Newton moved that the name of Abeler be added as an author on H. F. No. 1356.  The motion prevailed.

 

      Hilstrom moved that the names of Benson and Peterson be added as authors on H. F. No. 1397.  The motion prevailed.

 

      Hackbarth moved that the name of Abeler be added as an author on H. F. No. 1407.  The motion prevailed.

 

      Scott moved that the name of Abeler be added as an author on H. F. No. 1421.  The motion prevailed.

 

      Eastlund moved that the name of Abeler be added as an author on H. F. No. 1429.  The motion prevailed.

 

      Rosenthal moved that the name of Slocum be added as an author on H. F. No. 1432.  The motion prevailed.

 

      Hausman moved that the name of Slocum be added as an author on H. F. No. 1438.  The motion prevailed.

 

      Brynaert moved that the name of Newton be added as an author on H. F. No. 1441.  The motion prevailed.

 

      Otremba moved that the name of Slocum be added as an author on H. F. No. 1447.  The motion prevailed.


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      Huntley moved that the name of Abeler be added as an author on H. F. No. 1454.  The motion prevailed.

 

      Beard moved that his name be stricken as an author on H. F. No. 1469.  The motion prevailed.

 

      Hayden moved that the name of Slocum be added as an author on H. F. No. 1491.  The motion prevailed.

 

      Simon moved that the name of Slocum be added as an author on H. F. No. 1494.  The motion prevailed.

 

      Bly moved that his name be stricken as an author on H. F. No. 1503.  The motion prevailed.

 

      Sanders moved that the name of Abeler be added as an author on H. F. No. 1507.  The motion prevailed.

 

      Sanders moved that the name of Abeler be added as an author on H. F. No. 1508.  The motion prevailed.

 

      Davids moved that his name be stricken as an author on H. F. No. 1512.  The motion prevailed.

 

      Hackbarth moved that his name be stricken as an author on H. F. No. 1512.  The motion prevailed.

 

      Thissen moved that the name of Slocum be added as an author on H. F. No. 1516.  The motion prevailed.

 

      Hornstein moved that the name of Slocum be added as an author on H. F. No. 1530.  The motion prevailed.

 

      Loeffler moved that the name of Slocum be added as an author on H. F. No. 1531.  The motion prevailed.

 

      Beard moved that the name of Reinert be added as an author on H. F. No. 1559.  The motion prevailed.

 

      Kalin moved that the name of Mahoney be added as an author on H. F. No. 1623.  The motion prevailed.

 

      Swails moved that the names of Benson and Newton be added as authors on H. F. No. 1665.  The motion prevailed.

 

      Jackson moved that the name of Ward be added as an author on H. F. No. 1711.  The motion prevailed.

 

      Atkins moved that the name of Zellers be added as an author on H. F. No. 1719.  The motion prevailed.

 

      Juhnke moved that the name of Magnus be added as an author on H. F. No. 1723.  The motion prevailed.

 

      Mack moved that the name of Kiffmeyer be added as an author on H. F. No. 1738.  The motion prevailed.

 

      Kath moved that the name of Hansen be added as an author on H. F. No. 1756.  The motion prevailed.

 

      Brod moved that the name of Morgan be added as an author on H. F. No. 1757.  The motion prevailed.

 

      Kahn moved that the name of Slocum be added as an author on H. F. No. 1758.  The motion prevailed.

 

      Kahn moved that the name of Slocum be added as an author on H. F. No. 1759.  The motion prevailed.

 

      Nelson moved that the names of Howes, Mahoney and Garofalo be added as authors on H. F. No. 1767.  The motion prevailed.

 

      Haws moved that the name of Otremba be added as an author on H. F. No. 1786.  The motion prevailed.


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      Juhnke moved that the names of Morrow, Doty and Jackson be added as authors on H. F. No. 1788.  The motion prevailed.

 

      Ruud moved that the name of Slocum be added as an author on H. F. No. 1795.  The motion prevailed.

 

      Mariani moved that the names of Otremba, Greiling and Champion be added as authors on H. F. No. 1818.  The motion prevailed.

 

      Thissen moved that H. F. No. 42 be recalled from the Committee on Finance and be re-referred to the Committee on Commerce and Labor.  The motion prevailed.

 

      Hornstein moved that H. F. No. 1250 be recalled from the Committee on Commerce and Labor and be re‑referred to the Committee on Environment Policy and Oversight.  The motion prevailed.

 

      Abeler moved that H. F. No. 1713 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Civil Justice.  The motion prevailed.

 

 

      Buesgens, Emmer, Holberg, Dean, Brod, Zellers, Kohls, Hackbarth, Downey and Drazkowski introduced:

 

      House Resolution No. 3, A House resolution setting the maximum limit on general fund expenditures for the biennium ending June 30, 2011.

 

      The resolution was referred to the Committee on Ways and Means.

 

 

ADJOURNMENT

 

      Sertich moved that when the House adjourns today it adjourn until 10:30 a.m., Thursday, March 19, 2009.  The motion prevailed.

 

      Sertich moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Thursday, March 19, 2009.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



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