Journal of the House - 26th Day - Thursday, March 17, 2011

A quorum was present.

Buesgens, Koenen, Laine, Mariani, Myhra and Ward were excused.

Hayden was excused until 3:25 p.m.

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

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 171, A bill for an act relating to human services; modifying MFIP electronic benefit transfers; requiring photo identification; amending Minnesota Statutes 2010, section 256J.39, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [256.9870] ELECTRONIC BENEFIT TRANSFER DEBIT CARD.

Subdivision 1. Electronic benefit transfer or EBT debit card. (a) Electronic benefit transfer (EBT) debit cardholders in the general assistance program and the Minnesota supplemental aid program under chapter 256D and programs under chapter 256J are prohibited from withdrawing cash from an automatic teller machine or receiving cash from vendors with the EBT debit card. The EBT debit card may only be used as a debit card.

(b) Beginning July 1, 2011, cash benefits for programs listed under paragraph (a) must be issued on a separate EBT card with the head of household's name printed on the card. The card must also state that "It is unlawful to use this card to purchase tobacco products or alcoholic beverages." This card must be issued within 30 calendar days of an eligibility determination. During the initial 30 calendar days of eligibility, a recipient may have cash benefits issued on an EBT card without the recipient's name printed on the card. This card may be the same card on which food support is issued and does not need to meet the requirements of this section.

(c) Notwithstanding paragraph (a), EBT cardholders may opt to have up to $20 per month accessible via automatic teller machine or receive up to $20 cash back from a vendor.

Subd. 2. Photo identification. Retailers at a point-of-sale may request a photo identification card when an EBT card is presented for payment. It is unlawful for an EBT cardholder to allow another person to use the cardholder's card.

Subd. 3. Prohibited purchases. EBT debit cardholders in programs under subdivision 1 are prohibited from using the EBT debit card to purchase tobacco products and alcoholic beverages, as defined in section 340A.101, subdivision 2. It is unlawful for an EBT cardholder to purchase or attempt to purchase tobacco products or alcoholic beverages with the cardholder's EBT card.

Subd. 4. EBT use restricted to Minnesota vendors. EBT debit cardholders in programs under subdivision 1 are prohibited from using the EBT debit card at vendors located outside of Minnesota. This subdivision does not apply to the food portion.

Subd. 5. Fraud reports. Retailers who report to the commissioner substantiated incidents of EBT card fraud shall receive five percent of any recovered funds.

Sec. 2. Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to read:

Subd. 12a. Resident. (a) For purposes of eligibility for general assistance and general assistance medical care, a person must be a resident of this state.

(b) A "resident" is a person living in the state for at least 30 90 days with the intention of making the person's home here and not for any temporary purpose. Time spent in a shelter for battered women shall count toward satisfying the ~~30-day~~ 90-day residency requirement. All applicants for these programs are required to demonstrate the requisite intent and can do so in any of the following ways:

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(1) by showing that the applicant maintains a residence at a verified address, other than a place of public accommodation. An applicant may verify a residence address by presenting a valid state driver's license, a state identification card, a voter registration card, a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying that the individual is residing at the address, or other form of verification approved by the commissioner; or

(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart 3, item C.

(c) For general assistance medical care, a county agency shall waive the ~~30-day~~ 90-day residency requirement in cases of medical emergencies. For general assistance, a county shall waive the ~~30-day~~ 90-day residency requirement where unusual hardship would result from denial of general assistance. For purposes of this subdivision, "unusual hardship" means the applicant is without shelter or is without available resources for food.

The county agency must report to the commissioner within 30 days on any waiver granted under this section. The county shall not deny an application solely because the applicant does not meet at least one of the criteria in this subdivision, but shall continue to process the application and leave the application pending until the residency requirement is met or until eligibility or ineligibility is established.

(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes any shelter that is located within the metropolitan statistical area containing the county and for which the applicant is eligible, provided the applicant does not have to travel more than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(e) Migrant workers as defined in section 256J.08 and, until March 31, 1998, their immediate families are exempt from the residency requirements of this section, provided the migrant worker provides verification that the migrant family worked in this state within the last 12 months and earned at least $1,000 in gross wages during the time the migrant worker worked in this state.

(f) For purposes of eligibility for emergency general assistance, the ~~30-day~~ 90-day residency requirement under this section shall not be waived.

(g) If any provision of this subdivision is enjoined from implementation or found unconstitutional by any court of competent jurisdiction, the remaining provisions shall remain valid and shall be given full effect.

Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:

Subd. 1a. ~~30-day~~ 90-day residency requirement. An assistance unit is considered to have established residency in this state only when a child or caregiver has resided in this state for at least 30 90 consecutive days with the intention of making the person's home here and not for any temporary purpose. The birth of a child in Minnesota to a member of the assistance unit does not automatically establish the residency in this state under this subdivision of the other members of the assistance unit. Time spent in a shelter for battered women shall count toward satisfying the ~~30-day~~ 90-day residency requirement.

Sec. 4. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:

Subd. 2. Exceptions. (a) A county shall waive the ~~30-day~~ 90-day residency requirement where unusual hardship would result from denial of assistance.

(b) For purposes of this section, unusual hardship means an assistance unit:

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(1) is without alternative shelter; or

(2) is without available resources for food.

(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes any shelter that is located within the metropolitan statistical area containing the county and for which the family is eligible, provided the assistance unit does not have to travel more than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(d) Applicants are considered to meet the residency requirement under subdivision 1a if they once resided in Minnesota and:

(1) joined the United States armed services, returned to Minnesota within 30 days of leaving the armed services, and intend to remain in Minnesota; or

(2) left to attend school in another state, paid nonresident tuition or Minnesota tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of graduation with the intent to remain in Minnesota.

(e) The ~~30-day~~ 90-day residence requirement is met when:

(1) a minor child or a minor caregiver moves from another state to the residence of a relative caregiver; and

(2) the relative caregiver has resided in Minnesota for at least 30 90 consecutive days and:

(i) the minor caregiver applies for and receives MFIP; or

(ii) the relative caregiver applies for assistance for the minor child but does not choose to be a member of the MFIP assistance unit.

Sec. 5. REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES, GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.

Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must negotiate with their third-party processors to block EBT cash transactions at their places of business and withdrawals of cash at automatic teller machines located in their places of business.

Sec. 6. MINNESOTA EBT BUSINESS TASK FORCE.

Subdivision 1. Members. The Minnesota EBT Business Task Force includes seven members, appointed as follows:

(1) two members of the Minnesota house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

(2) two members of the Minnesota senate, one appointed by the senate majority leader and one appointed by the senate minority leader;

(3) the commissioner of human services, or designee;

(4) an appointee of the Minnesota Grocers Association; and

(5) a credit card processor, appointed by the commissioner of human services.

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Subd. 2. Duties. The Minnesota EBT Business Task Force shall create a workable strategy to eliminate the purchase of tobacco and alcoholic beverages by recipients of the general assistance program and Minnesota supplemental aid program under Minnesota Statutes, chapter 256D, and programs under Minnesota Statutes, chapter 256J, using EBT cards. The task force will consider cost to the state, feasibility of execution at retail, and ease of use and privacy for EBT cardholders.

Subd. 3. Report. The task force will report back to the legislative committees with jurisdiction over health and human services policy and finance by April 1, 2012, with recommendations related to the task force duties under subdivision 2.

Subd. 4. Expiration. The task force expires on June 30, 2012.

Sec. 7. DIRECTION TO COMMISSIONER.

The commissioner of human services shall issue a request for proposals for a third-party credit card processor who will prohibit the ability of EBT cards to be used to purchase tobacco products or alcoholic beverages. Based on responses to the request for proposals, the commissioner shall enter into a contract for the services specified in this section by October 1, 2011.

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

Sec. 8. REPEALER.

Minnesota Statutes 2010, section 256.9862, subdivision 2, is repealed."

Delete the title and insert:

"A bill for an act relating to human services; modifying MFIP electronic benefit transfers; requiring photo identification; changing residency requirements for general assistance, general assistance medical care, and MFIP; amending Minnesota Statutes 2010, sections 256D.02, subdivision 12a; 256J.12, subdivisions 1a, 2; proposing coding for new law in Minnesota Statutes, chapter 256; repealing Minnesota Statutes 2010, section 256.9862, subdivision 2."

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 323, A bill for an act relating to real estate professionals; regulating the provision of broker price opinions on residential real estate; amending Minnesota Statutes 2010, sections 82.55, by adding subdivisions; 82.81, subdivision 9; 82B.021, subdivision 19; 82B.035, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 82.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 82.55, is amended by adding a subdivision to read:

Subd. 1a. Automated valuation model. For purposes of this chapter, "automated valuation model" means a computerized model used by mortgage originators and secondary market issuers to determine the collateral worth of a mortgage secured, or to be secured, by a consumer's principal dwelling.

EFFECTIVE DATE. This section is effective August 1, 2011.

Sec. 2. Minnesota Statutes 2010, section 82.55, is amended by adding a subdivision to read:

Subd. 1b. Broker price opinion or BPO. For purposes of this chapter, "broker price opinion" or "BPO" means an estimate prepared by a real estate broker, real estate salesperson, or licensed real estate appraiser that details the probable selling price of a particular parcel of real property and provides a varying level of detail about the property's condition, market, and neighborhood, and information on comparable sales, but does not include an automated valuation model.

EFFECTIVE DATE. This section is effective August 1, 2011.

Sec. 3. [82.735] BROKER PRICE OPINION: REQUIREMENTS; DUTIES OF LICENSEE; REGULATIONS.

Subdivision 1. Requirements. A person licensed under this chapter or chapter 82B may prepare and provide a broker price opinion and may charge and collect a fee for it if the license of that licensee is active and in good standing.

Subd. 2. Duties of licensee. Notwithstanding any provision of the laws of this state to the contrary, a person licensed under this chapter or chapter 82B may prepare a broker price opinion for:

(1) an existing or potential seller for the purposes of listing and selling a parcel of real property;

(2) an existing or potential buyer of a parcel of real property;

(3) a third party making decisions or performing due diligence related to the potential listing, offering, sale, exchange, option, lease, or acquisition price of a parcel of real property when prepared as required by subdivision 3; or

(4) an existing or potential lienholder or other third party for any purpose other than as the primary basis to determine the value of a piece of property for the purpose of a loan origination of a residential mortgage loan secured by such piece of property, when done in conjunction with the purchase of a consumer's principal dwelling, when prepared as required by subdivision 3.

Subd. 3. Written report; requirement. (a) Unless the party requesting the opinion requires a specific report, a broker price opinion prepared for a party under subdivision 2, clause (3) or (4), must be in writing and contain the following:

(1) a statement of the intended purpose of the broker price opinion;

(2) a brief description of the subject property and property interest to be priced;

(3) the basis of reasoning used to reach the opinion on the price, including the applicable market data;

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(4) any assumptions or limiting conditions;

(5) a disclosure of any existing or contemplated interest of the broker or salesperson issuing the opinion;

(6) the name of the broker or salesperson issuing the price opinion;

(7) the name of the real estate brokerage that the broker or salesperson is acting on behalf of;

(8) the date of the price opinion; and

(9) a disclaimer stating, "This opinion is not an appraisal of the market value of the property, and may not be used in lieu of an appraisal. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained."

(b) A copy of the broker price opinion report required under this subdivision together with any supporting materials and documents used in its preparation shall be retained as required under section 82.72, subdivisions 3 and 4.

(c) A licensee may produce or transmit a broker price opinion report electronically to any person entitled to receive it.

EFFECTIVE DATE. This section is effective August 1, 2011.

Sec. 4. Minnesota Statutes 2010, section 82.81, subdivision 9, is amended to read:

Subd. 9. Exclusive agreements. (a) Except as provided in paragraph (c), a licensee shall not negotiate the sale, exchange, lease, or listing of any real property directly with the owner or lessor knowing that the owner or lessor has executed a written contract granting exclusive representation or assistance for the same service in connection with the property to another real estate broker, buyer, or lessee, nor shall a licensee negotiate the purchase, lease, or exchange of real property knowing that the buyer or lessee has executed a written contract granting exclusive representation or assistance for the same service of purchase, lease, or exchange of the real property with another real estate broker.

(b) ~~Licensees~~ A licensee shall not induce any party to a contract of sale, purchase, lease, or option, or to an exclusive listing agreement or buyer's agreement, or facilitator services agreement, to breach the contract, option, or agreement.

(c) A licensee may discuss the terms upon which a listing or buyer representation contract or a contract for facilitator services may be entered into after expiration of any existing exclusive contract when the inquiry or discussion is initiated by the owner, lessor, buyer, or lessee. The licensee must inquire of the owner, lessor, buyer, or lessee whether such an exclusive contract exists.

EFFECTIVE DATE. This section is effective August 1, 2011.

Sec. 5. Minnesota Statutes 2010, section 82B.021, subdivision 19, is amended to read:

Subd. 19. Market analysis; broker price opinion. "Market analysis" or "broker price opinion" means a price opinion prepared by a licensed real estate salesperson or, broker ~~for marketing purposes~~, or real estate appraiser in accordance with section 82.735.

EFFECTIVE DATE. This section is effective August 1, 2011.

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Sec. 6. Minnesota Statutes 2010, section 82B.035, is amended by adding a subdivision to read:

Subd. 1a. Broker price opinion. (a) This chapter does not apply to a licensed real estate salesperson, broker, or real estate appraiser who prepares a broker price opinion in accordance with section 82.735. In connection with the purchase of a consumer's principal dwelling, a broker price opinion may not be used as the primary basis to determine the value of a parcel of property for the purpose of a loan origination of a residential mortgage loan secured by the parcel of property.

(b) An appraiser preparing a broker price opinion shall disclose that the appraiser is not acting as an appraiser in preparing the broker price opinion and that the broker price opinion is not an appraisal or appraisal assignment and, therefore, is not subject to USPAP.

EFFECTIVE DATE. This section is effective August 1, 2011."

With the recommendation that when so amended the bill pass.

The report was adopted.

Erickson from the Committee on Education Reform to which was referred:

H. F. No. 329, A bill for an act relating to education; prohibiting public school employees from using public funds and resources to advocate to pass, elect, or defeat a political candidate, ballot question, or pending legislation; proposing coding for new law in Minnesota Statutes, chapter 123B.

Reported the same back with the following amendments:

Page 1, line 11, after "employees" insert "and other agents, entities, and individuals employed directly by the district"

Page 1, line 12, after "communication" insert "systems and"

Page 1, line 14, after the period, insert "The policy must specify (1) the intervention strategies and disciplinary consequences of violating the policy; and (2) what constitutes permissible employee conduct and employees' duty to report conduct under the policy."

Page 1, line 19, after the period, insert "A policy that allows a non-curriculum-related group access to school facilities must provide equal access on the same basis to all such groups."

With the recommendation that when so amended the bill be re-referred to the Committee on Education Finance without further recommendation.

The report was adopted.

Westrom from the Committee on Civil Law to which was referred:

H. F. No. 469, A bill for an act relating to public safety; providing for jurisdiction for petitions for harassment restraining orders; amending Minnesota Statutes 2010, section 609.748, subdivisions 2, 3a.

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

The report was adopted.

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Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 529, A bill for an act relating to building codes; requiring equivalent load bearing capacity for panels used in agricultural building roofs; amending Minnesota Statutes 2010, section 326B.121, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2010, section 326B.106, is amended by adding a subdivision to read:

Subd. 15. Translucent panels; skylights. Notwithstanding any other law to the contrary, the code must require that translucent panels or other skylights without raised curbs shall be supported to have equivalent load-bearing capacity as the surrounding roof.

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

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Erickson from the Committee on Education Reform to which was referred:

H. F. No. 558, A bill for an act relating to education; removing mathematics GRAD exception; amending Minnesota Statutes 2010, section 120B.30, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:

Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts with appropriate technical qualifications and experience and stakeholders, consistent with subdivision 1a, shall include in the comprehensive assessment system, for each grade level to be tested, state-constructed tests developed from and aligned with the state's required academic standards under section 120B.021, include multiple choice questions, and be administered annually to all students in grades 3 through 8. State-developed high school tests aligned with the state's required academic standards under section 120B.021 and administered to all high school students in a subject other than writing must include multiple choice questions. The commissioner shall establish one or more months during which schools shall administer the tests to students each school year. For students enrolled in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading, mathematics, and writing shall fulfill students' basic skills testing requirements for a passing state notation. The passing scores of basic skills tests in reading and mathematics are the equivalent of 75 percent correct for students entering grade 9 based on the first uniform test administered in February 1998. Students who have not successfully passed a Minnesota basic skills test by the end of the 2011-2012 school year must pass the graduation-required assessments for diploma under paragraph (c).

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(b) The state assessment system must be aligned to the most recent revision of academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as determined through a standard setting process on the Minnesota comprehensive assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing score as determined through a standard setting process on the graduation-required assessment for diploma in grade 10 for reading and grade 11 for mathematics or subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the state-identified language proficiency test in reading and the mathematics test for English language learners or the graduation-required assessment for diploma equivalent of those assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment for diploma as determined by appropriate state guidelines for students with an individual education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as determined through a standard setting process on the state-identified alternate assessment or assessments in grade 10 for reading and grade 11 for mathematics for students with an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment or assessments as determined by appropriate state guidelines for students with an individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on the state-identified language proficiency test in writing for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment for diploma as determined by appropriate state guidelines for students with an individual education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment or assessments as determined by appropriate state guidelines for students with an individual education plan.

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(d) Students enrolled in grade 8 in any school year from the 2005-2006 school year to the ~~2009-2010~~ 2008-2009 school year who do not pass the mathematics graduation-required assessment for diploma under paragraph (c) are eligible to receive a high school diploma if they:

(1) complete with a passing score or grade all state and local coursework and credits required for graduation by the school board granting the students their diploma;

(2) participate in district-prescribed academic remediation in mathematics; and

(3) fully participate in at least two retests of the mathematics GRAD test or until they pass the mathematics GRAD test, whichever comes first. A school, district, or charter school must place a student's highest assessment score for each of the following assessments on the student's high school transcript: the mathematics Minnesota Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing Graduation-Required Assessment for Diploma, and when applicable, the mathematics Graduation-Required Assessment for Diploma and reading Graduation-Required Assessment for Diploma.

In addition, the school board granting the students their diplomas may formally decide to include a notation of high achievement on the high school diplomas of those graduating seniors who, according to established school board criteria, demonstrate exemplary academic achievement during high school.

(e) The 3rd through 8th grade and high school test results shall be available to districts for diagnostic purposes affecting student learning and district instruction and curriculum, and for establishing educational accountability. The commissioner must disseminate to the public the high school test results upon receiving those results.

(f) The 3rd through 8th grade and high school tests must be aligned with state academic standards. The commissioner shall determine the testing process and the order of administration. The statewide results shall be aggregated at the site and district level, consistent with subdivision 1a.

(g) In addition to the testing and reporting requirements under this section, the commissioner shall include the following components in the statewide public reporting system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high school level that provides appropriate, technically sound accommodations or alternate assessments;

(2) educational indicators that can be aggregated and compared across school districts and across time on a statewide basis, including average daily attendance, high school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational Progress so that the state can benchmark its performance against the nation and other states, and, where possible, against other countries, and contribute to the national effort to monitor achievement.

EFFECTIVE DATE. This section is effective July 1, 2011.

Sec. 2. Minnesota Statutes 2010, section 120B.30, is amended by adding a subdivision to read:

Subd. 1b. High school assessments. (a) Notwithstanding any other law to the contrary, the commissioner shall establish a system of high school assessments for students entering grade 8 in the 2012-2013 school year and later that provides information on the college and career readiness of Minnesota students and fulfills federal

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accountability requirements, consistent with this subdivision and related rules. For purposes of this subdivision, "college and career readiness" means the knowledge and skills that a high school graduate needs to undertake either credit-bearing coursework at a two-year or four-year college or university or career-track employment.

(b) The commissioner shall establish and administer a high school reading and writing exam at the end of grade 10. The reading and writing exam must conform with the following:

(1) align with the most recently revised academic content standards under section 120B.023, subdivision 2;

(2) produce independent scores for each content area;

(3) include both multiple-choice and open-ended items on the reading portion of the exam to assess skills defined in the state's academic content standards;

(4) be designed for computer administration and scoring so that, beginning the second year a computerized test is administered and as soon as practicable during the first year a computerized test is administered, the exam results of students who take computerized tests are available to the school or district within five full school days after the exam is administered, among other design characteristics;

(5) allow for remediation and computer retests not sooner than six weeks after the previous administration of the reading and writing portions of the exam;

(6) use achievement level descriptors in reading and writing that define a student's readiness for college or a career;

(7) require all general education students, as a condition of graduating, to achieve passing scores indicating performance meets or exceeds grade-level standards in reading and writing and established through a professionally recognized methodology, consistent with this paragraph;

(8) require general education students to participate in a locally developed remediation plan if they do not achieve a passing score;

(9) provide a state-level student appeals process not to exceed two percent of students in each graduating class, that accommodates alternative measures to demonstrate students' college and career readiness and is available only to those limited number of students in the second semester of their senior year who are unable to demonstrate reading or writing proficiency on the assessment but can demonstrate equivalent levels of knowledge and skill based on the alternative measures; and

(10) allow an eligible student to meet this exam requirement through an alternative method:

(i) for high school students who transfer into Minnesota from another state where the high school reading and writing course and graduation requirements are of equal or greater rigor, meet that state's federal accountability exams requirements in reading or writing, as applicable;

(ii) allow a student who has an active individualized education program to achieve a passing status at an individual level as prescribed by the commissioner; or

(iii) waive the required exam for a high school student who is an English language learner under section 124D.59 and who has been enrolled for four or fewer school years in a school in which English is the primary language of instruction.

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(c) All general education students must receive a passing score in both reading and writing to graduate, consistent with paragraphs (b) and (e). The commissioner must establish the passing score that indicates performance that meets grade-level standards.

(d) The commissioner shall establish statewide end-of-course exams in subjects equivalent to high school algebra and biology. These exams must conform with the following:

(1) align with the most recently revised academic content standards under section 120B.023, subdivision 2;

(2) include both multiple-choice and open-ended items that assess the appropriate algebra and biology knowledge and skills contained in the state's academic content standards;

(3) be designed for computer administration and scoring so that, beginning the second year a computerized test is administered and as soon as practicable during the first year a computerized test is administered, the exam results of students who take computerized tests are available to the school or district within five full school days after the exam is administered, among other design characteristics;

(4) be administered at regular intervals that align with the most common high school schedules in Minnesota;

(5) generate achievement levels established through a professionally recognized methodology;

(6) use achievement level descriptors that define a student's college and career readiness;

(7) require all general education students, as a condition of graduating, to achieve passing scores indicating performance meets or exceeds grade-level standards in algebra and biology and established through a professionally recognized methodology, consistent with this paragraph;

(8) require a student who does not pass a high school algebra or biology course to:

(i) retake the course or complete a district-authorized credit recovery class; and

(ii) retake the end-of-course assessment within a regularly scheduled administration window; and

(9) allow an eligible student to meet this requirement through an alternative method that demonstrates the student's college and career readiness:

(i) for high school students who transfer into Minnesota from another state where the algebra or biology course content, as applicable, is of equal or greater rigor, pass that state's high school course and graduation requirements in algebra or biology, as applicable;

(ii) allow a student who has an active individualized education program to achieve a passing status at an individual level as prescribed by the commissioner; or

(iii) waive the required exam for a high school student who is an English language learner under section 124D.59 and who has been enrolled for four or fewer years in a school in which English is the primary language of instruction.

(e) The requirements of this subdivision apply to students in public schools, including charter schools, who enter grade 8 in the 2012-2013 school year or later. The commissioner may establish a transition period where students who enter grade 8 in the 2012-2013 or 2013-2014 school year graduate either under the graduation-required assessment for diploma requirements under section 120B.30, subdivision 1, or through a staggered implementation

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of this subdivision. During the transition period, the proficiency of any federal or state-required interim passing score in reading or writing must be comparable in rigor to the passing scores currently required for reading and writing under the graduation-required assessment for diploma. The commissioner may seek authority from the legislature to adjust the timeline under this paragraph if circumstances such as changes in federal law governing educational accountability and assessment warrant such an adjustment.

(f) To fully implement this subdivision and enable school districts to provide intervention and support to struggling students and improve instruction for all students, the commissioner must provide districts with:

(1) benchmark assessments that are aligned with the high school reading and writing assessment and algebra and biology end-of-course exams; and

(2) an item bank available to teachers for creating formative assessments to help students prepare for the high school reading and writing assessment and algebra and biology end-of-course exams.

(g) The commissioner shall expand the membership and purpose of the Assessment Advisory Committee established under section 120B.365 to include assessment experts and practitioners from both secondary and postsecondary education systems and other appropriate stakeholders to monitor the implementation of and student outcomes based on the end-of-course exams and policies and the state support available to districts, including small or rural districts, under this subdivision. This committee shall report annually by February 15 to the commissioner and the legislature on the implementation of and student outcomes based on the exams and policies under this subdivision. Notwithstanding section 15.059, subdivision 3, committee members shall not receive compensation, per diem payments, or reimbursement for expenses.

(h) The commissioner must not begin to develop additional statewide end-of-course exams in geometry, chemistry, or physics until specifically authorized in law to do so.

(i) A district or charter school must indicate on a student's transcript the student's level of college and career readiness in reading, writing, algebra, and biology under this subdivision after the levels have been established through a professionally recognized methodology.

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

Sec. 3. ASSESSMENT ADVISORY COMMITTEE; RECOMMENDATIONS.

(a) The Assessment Advisory Committee under Minnesota Statutes, section 120B.365, must develop recommendations for alternative methods by which students meet the reading and writing exam requirement under Minnesota Statutes, section 120B.30, subdivision 1b, paragraph (b), clause (10). The Assessment Advisory Committee, among other alternative methods and if consistent with federal educational accountability law, must consider allowing students to:

(1) achieve a college-credit score on a college-level examination program (CLEP) for reading and writing; or

(2) achieve a college readiness score in the relevant subject area on the American college test (ACT) or scholastic aptitude test (SAT) exam.

(b) The Assessment Advisory Committee must develop recommendations for alternative methods by which students satisfy the high school algebra and biology requirements under Minnesota Statutes, section 120B.30, subdivision 1b, paragraph (d), clause (8), and demonstrate their college and career readiness. The Assessment Advisory Committee, among other alternative methods and if consistent with federal educational accountability law, must consider allowing students to:

Journal of the House - 26th Day - Thursday, March 17, 2011 - Top of Page 765

(1) achieve the mathematics or science college readiness score on the American college test (ACT) or scholastic aptitude test (SAT) exam;

(2) achieve a college-credit score on a college-level examination program (CLEP) for algebra or biology; or

(3) achieve a score on an equivalent advanced placement or international baccalaureate exam that would earn credit at a four-year college or university.

(c) The Assessment Advisory Committee, for purposes of fully implementing the high school assessment system under Minnesota Statutes, section 120B.30, subdivision 1b, also must develop recommendations for the administrative structure, criteria, and processes for implementing the state-level student appeals process.

(d) By February 15, 2013, the Assessment Advisory Committee must submit its recommendations under this section to the education commissioner and the education policy and finance committees of the legislature.

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

Delete the title and insert:

"A bill for an act relating to education; removing mathematics GRAD exception; establishing high school assessments to determine college and career readiness; requiring reports; amending Minnesota Statutes 2010, section 120B.30, subdivision 1, by adding a subdivision."

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

The report was adopted.

Peppin from the Committee on Government Operations and Elections to which was referred:

H. F. No. 681, A bill for an act relating to state government; authorizing issuance of state appropriation bonds; appropriating money; establishing the Minnesota pay for performance pilot program; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

The report was adopted.

Westrom from the Committee on Civil Law to which was referred:

H. F. No. 695, A bill for an act relating to civil law; extending civil immunity to municipalities that donate public safety equipment; amending Minnesota Statutes 2010, section 466.03, by adding a subdivision.

Reported the same back with the following amendments:

Journal of the House - 26th Day - Thursday, March 17, 2011 - Top of Page 766

Page 1, line 9, delete "by the" and insert "by a municipality to another"

With the recommendation that when so amended the bill pass.

The report was adopted.

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 745, A bill for an act relating to health; creating an Autism Spectrum Disorder Task Force; providing appointments; requiring development of a statewide strategic plan.

Reported the same back with the following amendments:

Page 1, line 18, delete "Medicine" and insert "Physicians"

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

The report was adopted.

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 795, A bill for an act relating to child support; instructing the commissioner to initiate a foreign reciprocal agreement.

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 933, A bill for an act relating to public safety; clarifying and recodifying certain provisions and modifying certain definitions in the prostitution laws; amending Minnesota Statutes 2010, sections 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions.

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

The report was adopted.

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 937, A bill for an act relating to human services; modifying certain nursing facility provisions; amending Minnesota Statutes 2010, sections 12A.10, by adding a subdivision; 144A.071, subdivisions 3, 4a; 144A.073, subdivision 3c, by adding a subdivision; 256B.431, subdivision 26; 256B.437, subdivision 4; 256B.441, by adding a subdivision; repealing Minnesota Statutes 2010, section 144A.073, subdivisions 4, 5.

Reported the same back with the following amendments:

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Page 1, after line 17, insert:

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

Page 1, line 23, delete "criterion" and insert "criteria"

Page 2, line 17, after "standard" insert "an amount lower than"

Page 2, line 27, after "agencies" insert "and area agencies on aging"

Page 3, lines 5 and 16, delete "......." and insert "parts 4655.1070 to 4655.1098"

With the recommendation that when so amended the bill pass.

The report was adopted.

Peppin from the Committee on Government Operations and Elections to which was referred:

H. F. No. 954, A bill for an act relating to counties; providing a process for making certain county offices appointive in Kittson County.

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 1001, A bill for an act relating to crime; creating the crime of organized retail theft; adding organized retail theft to list of designated offenses; amending Minnesota Statutes 2010, sections 609.531, subdivision 1; 609.902, subdivision 4; 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 Judiciary Policy and Finance.

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 1043, A bill for an act relating to public safety; proposing new penalties for repeat violators of certain motor vehicle property crimes; amending Minnesota Statutes 2010, section 609.546.

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

The report was adopted.

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SECOND READING OF HOUSE BILLS

H. F. Nos. 323, 469, 529, 695, 937 and 954 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Mullery introduced:

H. F. No. 1180, A bill for an act relating to mortgage foreclosures; providing a uniform process for use by lenders in responding to mortgage loan modification requests by homeowners; requiring mortgage lenders to record proof of compliance prior to foreclosure; proposing coding for new law as Minnesota Statutes, chapter 584.

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

Howes introduced:

H. F. No. 1181, A bill for an act relating to public safety; modifying provisions relating to school bus safety and standards; abolishing standards for type III vehicles used for transporting students; amending Minnesota Statutes 2010, sections 169.4501, subdivisions 1, 2; 169.4503, subdivisions 5, 20, by adding subdivisions; repealing Minnesota Statutes 2010, section 169.454, subdivision 10.

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

Smith, Kriesel, Gunther, Clark, Champion, Rukavina, McNamara, Nornes, Kelly, Leidiger, Huntley, Moran, Woodard, Hayden, Slocum, Kieffer, McDonald, Hilty, Johnson, Mariani, Gauthier, Gruenhagen, Thissen and Zellers introduced:

H. F. No. 1182, A bill for an act relating to public safety; appropriating money to continue a demonstration project for high-risk adults.

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

Melin, Anzelc and Rukavina introduced:

H. F. No. 1183, A bill for an act relating to capital improvements; appropriating money to the Central Iron Range Sanitary Sewer District for a wastewater treatment plant and sewer system improvements; authorizing the sale of state bonds.

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

Journal of the House - 26th Day - Thursday, March 17, 2011 - Top of Page 769

Anderson, S.; Gottwalt and Peterson, S., introduced:

H. F. No. 1184, A bill for an act relating to human services; modifying family day care requirements; amending Minnesota Statutes 2010, section 245A.14, subdivisions 1, 4.

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

Abeler and Murphy, E., introduced:

H. F. No. 1185, A bill for an act relating to health; adjusting contracting procedures between health care providers and health plan companies; amending Minnesota Statutes 2010, sections 62Q.735, subdivision 5; 62Q.75, subdivision 3.

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

McElfatrick; Schomacker; Abeler; Benson, M.; Liebling; Gruenhagen; Urdahl; Davids; Quam; Hamilton; Hayden; Franson; McDonald; Fritz; Hosch; Murphy, E.; Shimanski; Norton; Kiffmeyer; Anderson, P.; Vogel; Gunther; Westrom; Cornish; Eken; Morrow; Brynaert; Nornes; Howes; Murray; Poppe; Kiel; Fabian; Ward and Persell introduced:

H. F. No. 1186, A bill for an act relating to health care; modifying county roles and rights related to state health care program purchasing; authorizing county-based purchasing arrangements; establishing a process to reduce administrative reporting; amending Minnesota Statutes 2010, sections 256B.0755, by adding a subdivision; 256B.69, subdivision 3a; 256B.692, subdivisions 2, 5, 7; 256B.694.

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

Greiling; Mariani; Slawik; Ward; Peterson, S.; Fritz; Brynaert; Anzelc; Greene; Moran; Scalze; Persell; Benson, J.; Davnie; Hayden; Carlson; Dittrich and Lillie introduced:

H. F. No. 1187, A bill for an act relating to education; providing for early childhood and family, prekindergarten through grade 12, and adult education, including general education, education excellence, special programs, facilities and technology, nutrition and accounting, libraries, early childhood education, prevention, self-sufficiency and lifelong learning, and state agencies; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2010, sections 120B.12; 120B.128; 122A.415, subdivisions 1, 3; 123B.75, subdivision 5; 124D.11, subdivision 4; 124D.531, subdivision 1; 124D.59, subdivision 2; 125A.69, subdivision 1; 126C.10, subdivision 1, by adding a subdivision; 127A.441; 127A.45, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2010, sections 124D.11, subdivision 8; 124D.871; 124D.88.

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

Loon; Peterson, S.; Garofalo; Slawik; Mariani; Fabian and McFarlane introduced:

H. F. No. 1188, A bill for an act relating to education; providing for coordination of early childhood services and programs to achieve full kindergarten readiness for all Minnesota children by 2020; proposing coding for new law in Minnesota Statutes, chapter 119A.

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

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Beard, McNamara, Hoppe, Dill and Anzelc introduced:

H. F. No. 1189, A bill for an act relating to energy; modifying provisions related to exemptions from conservation improvement programs; amending Minnesota Statutes 2010, sections 216B.2401; 216B.241, subdivisions 1, 1a, 1b, 2.

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

Greene, Kieffer, Scott, Peppin, Kahn, Greiling, Slocum and Simon introduced:

H. F. No. 1190, A bill for an act relating to public safety; allowing minors age 16 or older to file petitions for orders for protection on their own behalf; amending Minnesota Statutes 2010, section 518B.01, subdivision 4.

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

Abeler, Lanning, Hosch, Huntley and Greiling introduced:

H. F. No. 1191, A bill for an act relating to health occupations; modifying provisions for licensure of social workers; amending Minnesota Statutes 2010, sections 148E.055, subdivision 1; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, subdivisions 2, 4, 5; 148E.120; 148E.195, subdivision 2; 148E.280; proposing coding for new law in Minnesota Statutes, chapter 148E; repealing Minnesota Statutes 2010, section 148E.065, subdivision 3.

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

Beard, Howes, Dill, Eken and Murdock introduced:

H. F. No. 1192, A bill for an act relating to capital investment; appropriating money for airport runway preservation; authorizing the sale and issuance of state bonds.

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

Beard, Davids, Eken, Hoppe, Gunther, Pelowski, Poppe, Scott, Hackbarth, Drazkowski, Dill, Hancock and Fabian introduced:

H. F. No. 1193, A bill for an act relating to energy; amending regulations for municipalities and electric cooperative associations with respect to energy conservation programs; amending Minnesota Statutes 2010, section 216B.241, subdivisions 1b, 1c.

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

Journal of the House - 26th Day - Thursday, March 17, 2011 - Top of Page 771

Crawford, Norton, Doepke and Kiel introduced:

H. F. No. 1194, A bill for an act relating to education; clarifying teacher due process procedures; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 9, 13, 14; 122A.41, subdivisions 7, 12, 13.

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

Anderson, S.; Hoppe; Sanders and Beard introduced:

H. F. No. 1195, A bill for an act relating to commerce; regulating pay day lenders; authorizing the imposition of certain fees and charges; amending Minnesota Statutes 2010, section 47.59, subdivision 6.

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

Holberg introduced:

H. F. No. 1196, A bill for an act relating to transportation; allocating funds for transit operations from a metropolitan area transportation sales and use tax; amending Minnesota Statutes 2010, section 297A.992, subdivision 5.

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

Holberg introduced:

H. F. No. 1197, A bill for an act relating to government finance; authorizing temporary transfers from the metropolitan livable communities fund accounts and the right-of-way loan acquisition fund for transit operating deficits; modifying funding sources for metropolitan livable communities fund accounts; amending Minnesota Statutes 2010, section 473.254, subdivision 5.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 79, A bill for an act relating to taxation; income; franchise; conforming to certain changes in the Internal Revenue Code; repealing requirement that commissioner of revenue delay corporate refunds; amending Minnesota Statutes 2010, sections 289A.02, subdivision 7; 290.01, subdivisions 19, 19a, 19c, 31; 290A.03, subdivision 15; repealing Laws 2010, First Special Session chapter 1, article 13, section 6.

Cal R. Ludeman, Secretary of the Senate

Journal of the House - 26th Day - Thursday, March 17, 2011 - Top of Page 772

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 141, A bill for an act relating to public safety; increasing penalties for injuring public safety dogs; amending Minnesota Statutes 2010, section 609.596.

Cal R. Ludeman, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Cornish moved that the House concur in the Senate amendments to H. F. No. 141 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 141, A bill for an act relating to public safety; increasing penalties for injuring public safety dogs; amending Minnesota Statutes 2010, section 609.596.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 109 yeas and 14 nays as follows:

Those who voted in the affirmative were: