Journal of the House - 71st Day - Thursday, February 9, 2012

Abeler

Allen

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hancock

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Laine

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Rukavina

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers

A quorum was present.

Dill, Hamilton, Hilty, Holberg and Mazorol were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

Lanning from the Committee on State Government Finance to which was referred:

H. F. No. 673, A bill for an act relating to state government; requiring public value impact statements for certain legislation; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the following amendments:

Page 1, line 6, delete "new or increased" and insert "different"

Page 1, line 7, delete "impose new or increased" and insert "different"

Page 1, line 8, delete "impose new" and insert "different"

Page 1, line 11, delete "new" and insert "changes in" and delete "the increased"

Page 1, line 12, delete "the new"

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

The report was adopted.

Lanning from the Committee on State Government Finance to which was referred:

H. F. No. 1288, A bill for an act relating to capital investment; appropriating money for phase 1 Capitol security and access improvements; authorizing the sale and issuance of state bonds.

Reported the same back with the following amendments:

Page 1, lines 6 and 15, delete "$6,100,000" and insert "$6,600,000"

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

The report was adopted.

Lanning from the Committee on State Government Finance to which was referred:

H. F. No. 1903, A bill for an act relating to veterans; honor guard stipends; amending Minnesota Statutes 2010, section 197.231.

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

The report was adopted.

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Dean from the Committee on Rules and Legislative Administration to which was referred:

House Concurrent Resolution No. 5, A House concurrent resolution adopting deadlines for the 2012 regular session.

Reported the same back with the recommendation that the House concurrent resolution be adopted.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 1903 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Persell introduced:

H. F. No. 2157, A bill for an act relating to capital improvements; appropriating money to establish a veterans facility in the city of Bemidji; authorizing the sale and issuance of state bonds.

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

Kiel, Hamilton, Gunther and Torkelson introduced:

H. F. No. 2158, A bill for an act relating to agriculture; extending certain exceptions to the minimum content requirements for biodiesel; amending Minnesota Statutes 2010, section 239.77, subdivision 3.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Policy and Finance.

Swedzinski, Hamilton, Norton, Gunther and Torkelson introduced:

H. F. No. 2159, A bill for an act relating to agriculture; establishing an immigrant and minority microloan program; modifying provisions related to the Rural Finance Authority; amending Minnesota Statutes 2010, sections 41B.036; 41B.048, subdivision 6; 41B.055, subdivision 1; 41B.06; proposing coding for new law in Minnesota Statutes, chapter 41B; repealing Minnesota Statutes 2010, section 41B.048, subdivision 7.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Policy and Finance.

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Cornish introduced:

H. F. No. 2160, A bill for an act relating to public safety; permitting law enforcement to take fingerprints of an offender interacting with the criminal justice system for any offense to eliminate a suspense record; amending Minnesota Statutes 2011 Supplement, section 299C.10, subdivision 1.

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

Nornes introduced:

H. F. No. 2161, A bill for an act relating to taxation; minerals; authorizing the city of Vergas in Otter Tail County to impose an aggregate tax under certain circumstances; amending Minnesota Statutes 2010, section 298.75, by adding a subdivision.

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

Murray, Gunther, Torkelson and Kiel introduced:

H. F. No. 2162, A bill for an act relating to capital investment; appropriating money for the greater Minnesota business development infrastructure grant program; authorizing the sale and issuance of state bonds.

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

McNamara introduced:

H. F. No. 2163, A bill for an act relating to environment; providing for regulation of pollutant spills; amending Minnesota Statutes 2010, sections 114C.11, subdivision 6; 115.01, by adding subdivisions; 115.061; 115E.01, subdivisions 3, 4, 6, 11, 11a, 11c, by adding subdivisions; 115E.02; 115E.03; 115E.04; 115E.05; 115E.08, subdivisions 2, 4; 116.073, subdivision 1; repealing Minnesota Statutes 2010, sections 115C.065; 115E.01, subdivisions 7, 11a, 13; 115E.04, subdivisions 1, 2, 3; 115E.045; 115E.08, subdivision 3.

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

McNamara introduced:

H. F. No. 2164, A bill for an act relating to environment; modifying certain reporting and assessment requirements; modifying waste management provisions; clarifying certain environmental review; eliminating certain fees; modifying toxic pollution prevention requirements; modifying certain standards for stationary sources; extending prohibition on new open air swine basins; modifying acid deposition control requirements; modifying sewage sludge management; amending Minnesota Statutes 2010, sections 103A.43; 103H.175, subdivision 3; 115.06, subdivision 4; 115.42; 115A.15, subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557, subdivisions 3, 4; 115A.93, subdivisions 1, 3; 115D.08; 115D.10; 116.011; 116.0714; 116.10; 116C.833, subdivision 2; 216C.055; 216H.07, subdivision 3; 473.149, subdivision 6; 473.846; Minnesota Statutes 2011 Supplement, sections 115A.1320, subdivision 1; 116D.04, subdivision 2a; repealing Minnesota Statutes 2010,

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sections 115.447; 115A.07, subdivision 2; 115A.15, subdivision 5; 115A.965, subdivision 7; 216H.07, subdivision 4; Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7.

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

Kieffer and Lohmer introduced:

H. F. No. 2165, A bill for an act relating to local government; authorizing Woodbury to issue public debt without a referendum for a youth athletic facility.

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

Nornes introduced:

H. F. No. 2166, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature at the University of Minnesota; authorizing the sale and issuance of state bonds; appropriating money.

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

Nornes introduced:

H. F. No. 2167, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature at the Minnesota State Colleges and Universities; authorizing the sale and issuance of state bonds; appropriating money.

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

Lanning introduced:

H. F. No. 2168, A bill for an act relating to retirement; Minnesota statewide and major local defined benefit retirement plan actuarial reporting; revising the interest, salary scale, and payroll growth actuarial assumptions; amending Minnesota Statutes 2010, sections 3A.03, subdivision 2; 352.01, subdivision 13a; 352.017, subdivision 2; 352.04, subdivisions 8, 9; 352.23; 352.27; 352.271; 352.955, subdivisions 2, 3; 352B.013, subdivision 2; 352B.085; 352B.086; 352B.11, subdivision 4; 352D.05, subdivision 4; 352D.11, subdivision 2; 352D.12; 353.0161, subdivision 2; 353.0162; 353.27, subdivisions 7a, 12, 12a; 353.28, subdivision 5; 353.35, subdivision 1; 353.665, subdivision 8; 354.42, subdivision 7; 354.50, subdivision 2; 354.51, subdivision 5; 354.52, subdivision 4; 354.72, subdivision 2; 354A.093, subdivision 6; 354A.096; 354A.108; 354A.38, subdivision 3; 354B.23, subdivision 5; 354C.12, subdivision 2; 356.195, subdivision 2; 356.215, subdivision 1; 356.44; 356.50, subdivision 2; 356.551, subdivision 2; 490.121, subdivision 4; 490.1211; 490.124, subdivision 12; Minnesota Statutes 2011 Supplement, sections 353.01, subdivision 16; 356.215, subdivision 8.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

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Beard, Nelson, Hoppe and Gunther introduced:

H. F. No. 2169, A bill for an act relating to state government; providing methods for certain review and reporting on agency rules; amending Minnesota Statutes 2010, sections 3.842, subdivision 4a; 14.02, by adding a subdivision; 14.05, subdivision 1, by adding a subdivision; 14.116; 14.131; 14.19; 14.388, subdivision 2; 14.389, subdivision 2; Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.10; 3D.11; repealing Minnesota Statutes 2010, section 14.127.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

LeMieur introduced:

H. F. No. 2170, A bill for an act relating to capital investment; appropriating money for the Camp Ripley education center; authorizing the sale and issuance of state bonds.

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

Hackbarth introduced:

H. F. No. 2171, A bill for an act relating to natural resources; modifying game and fish license requirements; providing for taking wolf; modifying requirements to take and transport wild animals; modifying department authority and duties; modifying restrictions on discharging firearms and bows; modifying predator control program; modifying deer baiting restrictions; modifying authority to remove beavers; modifying disposition of certain receipts; eliminating authority for certain executive orders; requiring rulemaking; providing civil penalties; appropriating money; amending Minnesota Statutes 2010, sections 17.4993, subdivision 2; 84.027, subdivision 14; 97A.015, subdivision 53; 97A.065, subdivision 6; 97A.085, by adding a subdivision; 97A.421, subdivision 3; 97A.451, subdivisions 3, 4, by adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2, 3, 20; 97A.482; 97B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.055, subdivision 1; 97B.071; 97B.085, subdivision 3; 97B.328; 97B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1; 97B.805, subdivision 1; 97B.901; 97C.515, subdivisions 2, 4; Minnesota Statutes 2011 Supplement, sections 97A.075, subdivision 1, by adding a subdivision; 97B.075; 97B.645, subdivision 9; 97B.667; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2010, sections 97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.645, subdivision 2; 97C.031; 97C.515, subdivision 5.

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

McElfatrick, Gunther, Mahoney and Sanders introduced:

H. F. No. 2172, A bill for an act relating to appropriations; eliminating the transfer of funds from the construction code fund to the general fund; amending Laws 2007, chapter 135, article 1, section 16.

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

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Kieffer, Dittrich and Beard introduced:

H. F. No. 2173, A bill for an act relating to consumer protection; clarifying the definition of home solicitation sale; amending Minnesota Statutes 2010, section 325G.06, subdivision 2.

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

O'Driscoll, Rukavina, Murdock, Lillie and Hoppe introduced:

H. F. No. 2174, A bill for an act relating to local government finance; authorizing certain investments; providing for designated depositories; amending Minnesota Statutes 2010, sections 118A.04, subdivision 5; 123B.14, subdivision 3; 366.01, subdivision 4; 385.07; 427.06.

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

Kahn; Allen; Davids; Hilty; Murphy, M.; Loeffler; Winkler; Benson, J., and Banaian introduced:

H. F. No. 2175, A bill for an act proposing an amendment to the Minnesota Constitution, article IX, section 1; requiring a two-thirds vote of each house of the legislature to submit a constitutional amendment to the people.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Paymar and Morrow introduced:

H. F. No. 2176, A bill for an act relating to human services; modifying the medical assistance employed persons with disabilities program; changing asset limitation provisions; appropriating money; amending Minnesota Statutes 2011 Supplement, sections 256B.056, subdivision 3; 256B.057, subdivision 9.

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

Peterson, S.; Murphy, M.; Marquart; Anzelc; Rukavina and Hortman introduced:

H. F. No. 2177, A bill for an act relating to workforce training; creating Minnesota opportunity training grants; appropriating money.

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

Lanning introduced:

H. F. No. 2178, A bill for an act relating to liquor; allowing an on-sale license for the Bluestem Center for the Arts.

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

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Kiffmeyer and Lanning introduced:

H. F. No. 2179, A bill for an act relating to retirement; statewide and major local defined benefit retirement plans; requiring unclassified state employees retirement program coverage for overtime salary; amending Minnesota Statutes 2010, sections 352.01, subdivision 13; 352.04, subdivision 4; 352D.02, subdivision 1, by adding a subdivision; 352D.04, subdivision 2; 353.01, subdivision 10; 353.27, subdivision 4; 354.05, subdivision 35; 354.52, subdivision 4b; 354A.011, subdivision 24; 354A.12, subdivision 5; 490.121, by adding a subdivision; 490.124, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 356.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Garofalo, Erickson and Quam introduced:

H. F. No. 2180, A bill for an act relating to education; specifying federal adequate yearly progress measurements; requiring the lowest performing elementary and high schools to submit to a turnaround strategy; amending Minnesota Statutes 2010, section 120B.35, subdivision 2.

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

Brynaert; Mahoney; Tillberry; Moran; Murphy, M.; Knuth; Morrow; Mullery; Gauthier; Norton; Loeffler and Slawik introduced:

H. F. No. 2181, A bill for an act relating to workforce training; creating a FastTRAC adult career pathway program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116L.

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

Melin; Anzelc; Rukavina; Mahoney; Tillberry; Falk; Murphy, M.; Knuth; Mullery and Norton introduced:

H. F. No. 2182, A bill for an act relating to job creation; amending state procurement policies; establishing the Buy Minnesota Act; amending Minnesota Statutes 2010, sections 16C.06, by adding a subdivision; 16C.08, by adding a subdivision; 16C.26, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16C.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Koenen; Mahoney; Tillberry; Falk; Moran; Murphy, M.; Morrow; Mullery; Norton; Brynaert; Loeffler and Slawik introduced:

H. F. No. 2183, A bill for an act relating to economic development; appropriating money for the urban initiative loan program and greater Minnesota business development.

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

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Mahoney; Falk; Tillberry; Moran; Murphy, M.; Knuth; Mullery; Gauthier; Norton; Brynaert and Slawik introduced:

H. F. No. 2184, A bill for an act relating to unemployment compensation; creating the Bridge to Work Minnesota program; providing job-training incentives.

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

Scalze; Runbeck; Mahoney; Falk; Murphy, M.; Knuth; Morrow; Mullery; Gauthier and Brynaert introduced:

H. F. No. 2185, A bill for an act relating to capital investment; appropriating money for economic development; establishing the transportation economic development program; authorizing the sale and issuance of state bonds; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Fritz; Mahoney; Tillberry; Moran; Murphy, M.; Knuth; Morrow; Mullery; Norton; Brynaert and Slawik introduced:

H. F. No. 2186, A bill for an act relating to economic development; appropriating money for the Minnesota investment fund.

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

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Dean from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Thursday, February 9, 2012:

H. F. Nos. 1766, 1515, 300, 1585 and 1770.

CALENDAR FOR THE DAY

H. F. No. 1766, A bill for an act relating to human services; modifying child care assistance payment of funds; amending Minnesota Statutes 2010, section 119B.09, subdivision 10, as amended.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 74 yeas and 55 nays as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

Dean moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Dill moved that the name of Hackbarth be added as an author on H. F. No. 32. The motion prevailed.

Scott moved that the name of Benson, J., be added as an author on H. F. No. 322. The motion prevailed.

Norton moved that the name of Hamilton be added as an author on H. F. No. 462. The motion prevailed.

Clark moved that the names of Kahn and Allen be added as authors on H. F. No. 647. The motion prevailed.

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

McDonald moved that the name of Mariani be added as an author on H. F. No. 1586. The motion prevailed.

Wardlow moved that his name be stricken as an author on H. F. No. 1666. The motion prevailed.

Lohmer moved that the name of Dettmer be added as an author on H. F. No. 1766. The motion prevailed.

Davids moved that the name of Greiling be added as an author on H. F. No. 1777. The motion prevailed.

Gunther moved that the name of Lillie be added as an author on H. F. No. 1787. The motion prevailed.

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Benson, M., moved that the name of Kieffer be added as an author on H. F. No. 1814. The motion prevailed.

Benson, M., moved that the name of Kieffer be added as an author on H. F. No. 1815. The motion prevailed.

Loon moved that the name of Gottwalt be added as an author on H. F. No. 1822. The motion prevailed.

Clark moved that the name of Johnson be added as an author on H. F. No. 1885. The motion prevailed.

Dettmer moved that the name of McNamara be added as an author on H. F. No. 1927. The motion prevailed.

Davids moved that the name of McElfatrick be added as an author on H. F. No. 1972. The motion prevailed.

Nornes moved that the names of Dettmer and Kath be added as authors on H. F. No. 2008. The motion prevailed.

Fabian moved that the name of Dittrich be added as an author on H. F. No. 2095. The motion prevailed.

Peppin moved that the name of Quam be added as an author on H. F. No. 2097. The motion prevailed.

Lohmer moved that the names of Dettmer and Quam be added as authors on H. F. No. 2103. The motion prevailed.

Winkler moved that the name of Slocum be added as an author on H. F. No. 2106. The motion prevailed.

McDonald moved that the name of Quam be added as an author on H. F. No. 2110. The motion prevailed.

Abeler moved that the name of Slocum be added as an author on H. F. No. 2118. The motion prevailed.

Cornish moved that the names of Myhra, Smith and McElfatrick be added as authors on H. F. No. 2121. The motion prevailed.

Myhra moved that the name of Dittrich be added as an author on H. F. No. 2127. The motion prevailed.

Atkins moved that the name of Slocum be added as an author on H. F. No. 2137. The motion prevailed.

Norton moved that the name of Quam be added as an author on H. F. No. 2141. The motion prevailed.

Westrom moved that H. F. No. 997 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Ways and Means. The motion prevailed.

Mariani moved that H. F. No. 2126 be recalled from the Committee on Education Reform and be re-referred to the Committee on Higher Education Policy and Finance. The motion prevailed.

House Concurrent Resolution No. 5 was reported to the House.

HOUSE CONCURRENT RESOLUTION NO. 5

A House concurrent resolution adopting deadlines for the 2012 regular session.

Be It Resolved, by the House of Representatives of the State of Minnesota, the Senate concurring:

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In accordance with Joint Rule 2.03, as modified by this resolution, the deadlines in this resolution apply to the 2012 regular session.

(1) The first deadline, Friday, March 16, 2012, at 11:59 p.m., is for committees to act favorably on bills in the house of origin.

(2) The second deadline, Friday, March 23, 2012, at 11:59 p.m., is for committees to act favorably on bills, or companions of bills, that met the first deadline in the other house.

(3) The third deadline, Friday, March 30, 2012, at 5:00 p.m., is for committees with jurisdiction over omnibus appropriation bills to act favorably on the bills in the house of origin and refer them to the Committee on Ways and Means for house bills and the Committee on Finance for senate bills.

When a committee in either house acts favorably on a bill after a deadline established in this resolution, the bill must be referred in the House of Representatives to the Committee on Rules and Legislative Administration or in the Senate to the Committee on Rules and Administration for disposition. Either rules committee, when reporting a bill referred to the committee in accordance with Joint Rule 2.03 and this resolution, may waive the application of the rule and resolution to subsequent actions on that bill by other committees.

Dean moved that House Concurrent Resolution No. 5 be now adopted. The motion prevailed and House Concurrent Resolution No. 5 was adopted.

ADJOURNMENT

Dean moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 13, 2012. The motion prevailed.

Dean moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, February 13, 2012.

Albin A. Mathiowetz, Chief Clerk, House of Representatives