Journal of the House - 43rd Day - Tuesday, April 26, 2011

A quorum was present.

Gunther, Hamilton, Hausman, Hayden and Howes 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.

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2454

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 15, 2011

The Honorable Kurt Zellers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Zellers:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 12.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Kurt Zellers

Speaker of the House of Representatives

The Honorable Michelle L. Fischbach

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2011 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2011

Date Filed

2011

12 13 10:49 a.m. April 15 April 15

1016 14 11:02 a.m. April 15 April 15

Sincerely,

Mark Ritchie

Secretary of State

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2455

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 20, 2011

The Honorable Kurt Zellers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Zellers:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 323.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Kurt Zellers

Speaker of the House of Representatives

The Honorable Michelle L. Fischbach

President of the Senate

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2011

Date Filed

2011

323 15 2:56 p.m. April 20 April 20

551 16 2:58 p.m. April 20 April 20

Sincerely,

Mark Ritchie

Secretary of State

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2456

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 473, A bill for an act relating to family law; providing for calculation of maintenance after child support; amending Minnesota Statutes 2010, sections 518.552, by adding a subdivision; 518A.29.

Reported the same back with the following amendments:

Page 2, line 28, strike everything after "spouse"

Page 2, line 29, strike "proceeding"

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

The report was adopted.

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

H. F. No. 749, A bill for an act relating to children; creating the Family Reunification Act of 2011; amending Minnesota Statutes 2010, section 260C.101, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 260C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:

Subd. 2. Other matters relating to children. Except as provided in clause (4), the juvenile court has original and exclusive jurisdiction in proceedings concerning:

(1) the termination of parental rights to a child in accordance with the provisions of sections 260C.301 to 260C.328;

(2) the appointment and removal of a juvenile court guardian for a child, where parental rights have been terminated under the provisions of sections 260C.301 to 260C.328;

(3) judicial consent to the marriage of a child when required by law;

(4) the juvenile court in those counties in which the judge of the probate-juvenile court has been admitted to the practice of law in this state shall proceed under the laws relating to adoptions in all adoption matters. In those counties in which the judge of the probate-juvenile court has not been admitted to the practice of law in this state the district court shall proceed under the laws relating to adoptions in all adoption matters;

(5) the review of the placement of a child who is in foster care pursuant to a voluntary placement agreement between the child's parent or parents and the responsible social services agency under section 260C.212, subdivision 8;

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(6) the review of voluntary foster care placement of a child for treatment under chapter 260D according to the review requirements of that chapter; and

(7) the reestablishment of a legal parent and child relationship under section 260C.329.

Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND CHILD RELATIONSHIP.

Subdivision 1. Citation. This section may be cited as the "Family Reunification Act of 2011."

Subd. 2. Definition. For purposes of this section, "reestablishment of the legal parent and child relationship" means the physical reunification of a child and a previously terminated birth parent and restoration of all rights, powers, privileges, immunities, duties, and obligations that were severed and terminated by the court under section 260C.317.

Subd. 3. Process for minors; who may bring motion. (a) Any of the following parties may bring a motion for reestablishment of the legal parent and child relationship:

(1) a minor child who is the subject of a guardianship and transfer of legal custody order under section 260C.325;

(2) a parent whose parental rights have been terminated under section 260C.317, other than a parent:

(i) whose parental rights were terminated based on a finding in a legal proceeding of sexual abuse or conduct that resulted in the death of a minor; or

(ii) who has been convicted of any crime enumerated under section 260C.007, subdivision 14;

(3) the child's guardian ad litem;

(4) an Indian child's tribe; or

(5) the responsible social services agency.

(b) A motion for reestablishment of the legal parent and child relationship may not be brought:

(1) if a prior motion for reestablishment of the legal parent and child relationship has been brought within the previous two years;

(2) unless the child has been in foster care for at least 24 months after a final order terminating parental rights and freeing the child for adoption;

(3) if the child has been adopted or if the child is the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent, as required under Minnesota Rules, part 9560.0060, subpart 2; or

(4) by any party other than the child if a motion for reestablishment of the legal parent and child relationship has been brought at any previous time and the child did not agree to the reestablishment.

Subd. 4. Process for minors; timing, jurisdiction, and content of motion. The motion for reestablishment of the legal parent and child relationship must:

(1) be brought before the child's 18th birthday;

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(2) be brought before the court that issued the order for guardianship and legal custody and conducts the reviews required under section 260C.317, subdivision 3, paragraphs (b) and (c);

(3) state the factual basis for the request for reestablishment of the legal parent and child relationship;

(4) contain the names, addresses, telephone numbers, and other contact information for any person or agency entitled under this section to notice of the motion; and

(5) contain or attach documentary evidence showing the basis for reestablishment of the legal parent and child relationship.

Subd. 5. Process for minors; service of motion on parties. The motion for reestablishment of the legal parent and child relationship and notice of hearing on the motion must be served on:

(1) the child's foster parent; and

(2) all persons or entities having standing to bring a motion under this section, provided that a parent whose rights have been terminated and who is not the subject of the motion is not entitled to notice of the hearing.

Subd. 6. Process for minors; hearing on motion. (a) A hearing on the motion must be conducted during a regularly scheduled review hearing.

(b) The court must determine whether the motion states a prima facie case that:

(1) reestablishment of the legal parent and child relationship is in the best interests of the child;

(2) the parent is fit to safely provide the day-to-day care of the child, which includes meeting the child's developmental and emotional needs, and can plan and provide for the child's long-term needs;

(3) the conditions that led to either an adjudication that the child was in need of protection or services or to an order terminating parental rights have been corrected or ameliorated; and

(4) both the parent and the child desire reestablishment of the parent and child relationship.

(d) The court must deny the motion and the matter may not proceed with the evidentiary hearing if the court finds that the motion does not state the prima facie case required under paragraph (b).

(e) The responsible social services agency and the child's guardian ad litem, unless a moving party, must file with the court the report required under the Minnesota Rules of Juvenile Protection for hearings conducted under section 260C.317, subdivision 3, paragraphs (b) and (c), at least five days prior to the hearing. The report must support or oppose the motion for reestablishment of the legal parent and child relationship, and must include the facts and evidence upon which support or opposition is based. The responsible social service agency's report must include an assessment of whether the parent's home constitutes a safe environment for the child.

(f) The court may accept testimony voluntarily offered by a child who is the petitioner or subject of the petition. The testimony may be provided informally under section 260C.163, subdivision 6.

(g) The court may grant the motion ordering reestablishment of the legal parent and child relationship between the child and a parent who had a previous legal relationship if:

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2459

(1) the child has not been adopted;

(2) the child has been in foster care for at least 24 months following a final order terminating parental rights and freeing the child for adoption; and

(3) the court makes detailed and individualized findings that there is clear and convincing evidence that reestablishment of the legal parent and child relationship is in the child's best interests including:

(i) that the conditions that led to either an adjudication that the child was in need of protection or services or an order terminating parental rights have been corrected or ameliorated;

(ii) that there is agreement by the child to reestablishment of the legal parent and child relationship;

(iii) that reestablishment of the legal parent and child relationship achieves the physical reunification of the parent and child as a family unit;

(iv) that the parent is presently fit to safely maintain the day-to-day care of the child; and

(v) any other factor the court considers relevant to the best interests of the child, including the legal and actual effect reestablishment of the parent and child relationship will have on the child's relationship with the child's siblings, especially siblings in the same foster home as the child.

The court must consider as the paramount determinant whether granting the motion to reestablish the legal parent and child relationship is in the child's best interests.

Subd. 7. Process for minors; service of order. The court administrator must serve:

(1) a copy of the final court order granting or denying the motion to reestablish the legal parent and child relationship on all persons or entities entitled under subdivision 5 to bring a motion for reestablishment; and

(2) a certified copy of any order reestablishing the legal parent and child relationship on the commissioner of human services.

Subd. 8. Process for persons over 18 years of age. (a) The following parties may bring a motion to reestablish the legal parent and child relationship:

(1) a person at least 18 years of age who was the subject of a guardianship and transfer of legal custody order under section 260C.325 and who has not been adopted; or

(2) a parent whose rights regarding the person have been terminated under section 260C.317.

(b) The motion must be filed in the county and before the court that issued the order terminating parental rights, and must contain:

(1) a statement that the person and the parent whose rights have been terminated both agree to reestablishment of the legal parent and child relationship;

(2) a statement that both the person and the parent whose rights have been terminated are competent to agree to reestablishment of the legal parent and child relationship;

(3) the facts showing that it is in the person's interest to reestablish the legal parent and child relationship; and

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(4) the names and addresses of any natural person or agency entitled to notice of the motion under paragraph (c).

(c) The court must set a time for hearing the motion and serve notice of the time of the hearing and a copy of the motion upon:

(1) the person whose legal relationship with the parent would be reestablished;

(2) the previously terminated birth parent who is the movant or the subject of the person's motion;

(3) any guardian, as that term is defined under section 524.1-201;

(4) the responsible social services agency if the person had been under guardianship of the commissioner and remains in foster care under the legal responsibility of the agency;

(5) the person's foster parent if the person had been under the guardianship of the commissioner and remains in foster care under the legal responsibility of the agency; and

(6) if the person is an Indian, the person's tribe.

(d) Upon motion and hearing, the court must order the legal parent and child relationship reestablished when:

(1) the person understands and agrees to the order, provided that the agreement of the person is invalid if the person is either considered to be a vulnerable adult under section 626.5572, subdivision 21, or determined not to be competent to give consent;

(2) the person, if under age 21, has been informed by the court and understands that reestablishment of the parent and child relationship terminates any entitlement to benefits otherwise available to a child in foster care;

(3) the person's previously terminated birth parent agrees to the order;

(4) the person has not been adopted; and

(5) if the person has been or currently is under guardianship, the court finds that order to be in the best interests of the person.

(e) The order granting or denying the motion to reestablish the legal parent and child relationship must be served on:

(1) the person;

(2) the previously terminated birth parent;

(3) any guardian, as that term is defined under section 524.1-201;

(4) the responsible social services agency if the former ward continues in foster care; and

(5) if applicable, the person's tribe.

Subd. 9. No right to appointed counsel. A motion for reestablishment of the parent and child relationship made under this chapter does not provide a right to the appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules of Juvenile Protection Procedure, rule 25.02, subdivision 2. Nothing in this subdivision affects the representation of a child with appointed counsel under subdivision 2 or 3.

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Subd. 10. Effect of order. (a) As of the effective date of a court order reestablishing the legal parent and child relationship:

(1) the child or person is the legal child of the parent;

(2) the parent whose rights were terminated under a previous order of the court as the legal parent of the child or person is the legal parent of the child or person and all rights, powers, privileges, immunities, duties, and obligations that were severed and terminated by the court under section 260C.317 are restored;

(3) if applicable, guardianship and legal custody of the commissioner of human services is dismissed; and

(4) with respect to a minor child, permanent legal and physical custody of the child is awarded to the parent.

(b) An order reestablishing the legal parent and child relationship as to one parent of the child has no effect on:

(1) the legal rights of any other parent whose rights to the child have been terminated by the court; or

(2) the legal sibling relationship between the child or person and any other children of the parent.

(1) removes the presumption of palpable unfitness under section 260C.301, subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any involuntary termination of parental rights order and the subsequent birth of another child of the parent; and

(2) eliminates the requirement that the county attorney file a termination of parental rights or child in need of protection or services petition due to an involuntary termination of parental rights order and subsequent birth of another child to the parent that would have otherwise arisen under sections 260C.301, subdivision 3, paragraph (a), and 260C.007, subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301, subdivision 1, paragraph (b), clause (4), in the event such a petition is filed."

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

The report was adopted.

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

H. F. No. 905, A bill for an act relating to health; establishing policies for youth athletes with concussions resulting from participation in youth athletic activities; amending Minnesota Statutes 2010, section 128C.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

Reported the same back with the following amendments:

Page 2, after line 25, insert:

"(e) This section does not create any additional liability for, or create any new cause of legal action against, a school, school district, city, business, or nonprofit organization or any officer or employee of a school, school district, city, business, or nonprofit organization."

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

The report was adopted.

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2462

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

H. F. No. 1144, A bill for an act relating to state government; requiring specified type of notice for termination of the rights of former employees in the state employee group insurance program; amending Minnesota Statutes 2010, section 43A.27, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 1, line 19, delete "Sec. 2." and insert "Section 1."

Delete the title and insert:

"A bill for an act relating to state government; providing for limited reinstatement of coverage in state employee group insurance program."

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. 1376, A bill for an act relating to state government; requiring use of E-Verify by certain state contractors; proposing coding for new law in Minnesota Statutes, chapter 16C.

Reported the same back with the following amendments:

Page 1, line 10, after the period, insert "This section does not apply to contracts entered into by the State Board of Investment."

Page 1, delete lines 11 and 12 and insert:

"EFFECTIVE DATE. This section is effective when the commissioner of management and budget determines that the E-Verify system produces accurate results."

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

The report was adopted.

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

H. F. No. 1408, A bill for an act relating to elections; changing certain procedures and requirements related to vacancies in nomination; amending Minnesota Statutes 2010, sections 204B.04, subdivision 2; 204B.13, subdivisions 1, 4; 205.13, subdivision 1a; 205A.06, subdivision 1a; repealing Minnesota Statutes 2010, sections 204B.41; 204D.169; 205.065, subdivision 7; 205A.03, subdivision 6.

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

H. F. No. 1455, A bill for an act relating to the Capitol building; establishing a State Capitol Preservation Commission; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 15B.

Reported the same back with the following amendments:

Page 2, after line 2, insert:

"(7) two members of the house of representatives appointed by the speaker of the house, one from the majority and one from the minority party;"

Page 2, line 3, delete "(7)" and insert "(8)"

Page 2, line 5, delete "(8)" and insert "(9)"

Page 2, line 7, delete "(9)" and insert "(10)"

Page 2, line 9, delete "(10)" and insert "(11)"

Page 2, line 11, delete "(11)" and insert "(12)"

Page 2, line 12, delete "(12)" and insert "(13)"

Page 2, line 14, delete "both the president of" and delete "and the speaker of the house"

Page 2, line 18, after the period, insert "Other members serve at the pleasure of the appointing authority."

Page 2, line 19, before "members" insert "citizen"

Page 2, lines 20 and 21, after the first "governor" insert "or governor's designee"

Page 5, line 8, delete "$500,000" and insert "$550,000"

Page 5, line 9, after the first "the" insert "commissioner of administration for the"

With the recommendation that when so amended the bill pass and be re-referred to the Legacy Funding Division.

The report was adopted.

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

H. F. No. 1470, A bill for an act relating to state government; making changes to state government resource recovery program; amending Minnesota Statutes 2010, section 115A.15, subdivisions 2, 9, 10; repealing Minnesota Statutes 2010, section 115A.15, subdivisions 4, 6.

Reported the same back with the following amendments:

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Page 1, after line 6, insert:

"Section 1. [16C.0851] WAIVER; WASTE CONTRACTS.

Notwithstanding sections 16C.08, 16C.09, 43A.047, or other law to the contrary, the commissioner of administration may enter into or approve a service contract for waste removal without determining that no current state employee is able and available to perform the services called for by the contract.

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

Page 3, line 5, delete "subdivisions 4 and 6, are" and insert "subdivision 4, is"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1484, A bill for an act relating to education; modifying adult education tracking system; amending Minnesota Statutes 2010, section 124D.52, subdivision 7.

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

The report was adopted.

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

H. F. No. 1533, A bill for an act relating to campaign finance; changing certain procedures and requirements of the Campaign Finance and Public Disclosure Board; amending Minnesota Statutes 2010, sections 10A.01, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 13, by adding a subdivision; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121, subdivision 1; 10A.14, subdivision 1, by adding a subdivision; 10A.20, subdivisions 1, 2, 3, 4, 5, 6, 12, by adding a subdivision; 10A.24, by adding a subdivision; 10A.27, subdivisions 14, 15; 10A.31, subdivision 7; 10A.315; repealing Minnesota Rules, parts 4501.0500, subpart 2, item A; 4503.0200, subpart 6; 4503.0500, subpart 8; 4503.1700; 4512.0100, subparts 2, 4.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1144 and 1470 were read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Davids introduced:

H. F. No. 1548, A bill for an act relating to taxation; making policy, technical, administrative, enforcement, and other changes to individual income, corporate franchise, estate, sales and use, property, insurance, and other taxes and tax-related provisions; conforming to changes made to the Internal Revenue Code; amending Minnesota Statutes 2010, sections 270C.01, by adding subdivisions; 270C.03, subdivision 1; 275.025; 276.112; 289A.02, subdivision 7, as amended; 289A.08, subdivision 3; 289A.60, by adding a subdivision; 290.01, subdivisions 7, 19, as amended, 19a, as amended, 19b, 19c, as amended, 19d, 22, 29, 31, as amended; 290.014, subdivision 5; 290.05, subdivision 1; 290.06, subdivisions 2c, 2d, 22; 290.0671, subdivision 1; 290.0675, subdivision 1; 290.068, subdivisions 1, 2; 290.0921, subdivisions 1, 2, 3, 6; 290.0922, subdivisions 1, 2; 290.093; 290.095, subdivisions 2, 3; 290.17, subdivisions 1, 2, 3, 4; 290.191, subdivisions 2, 5; 290.21, subdivision 4; 290.9201, subdivision 11; 290A.03, subdivision 15, as amended; 290A.04, subdivision 2h; 291.005, subdivision 1; 297A.61, subdivisions 3, 25, 27, by adding subdivisions; 297A.64, subdivision 1; 297A.66, by adding subdivisions; 297A.668, by adding a subdivision; 297A.70, subdivision 6; 297A.94; 297B.03; 297I.01, subdivisions 9, 16, by adding subdivisions; 297I.05, subdivisions 7, 12; 297I.20, subdivision 1; 297I.30, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 270C; 275; 290; repealing Minnesota Statutes 2010, sections 290.01, subdivision 6b; 290.0678; 290.9201, subdivision 3; 297F.14, subdivision 4; 297I.05, subdivisions 9, 10; Minnesota Rules, part 8130.0500, subpart 2.

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

Koenen introduced:

H. F. No. 1549, A bill for an act relating to capital investment; appropriating money for a waste transfer station in Renville County; authorizing the sale and issuance of state bonds.

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

Liebling, Norton, Greiling, Mariani and Hosch introduced:

H. F. No. 1550, A bill for an act relating to human services; creating the Disparities Reduction Advisory Council; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Franson, Shimanski, LeMieur and Schomacker introduced:

H. F. No. 1551, A bill for an act relating to elections; modifying who may provide assistance to voters in marking ballots; providing criminal penalties; amending Minnesota Statutes 2010, sections 203B.11, subdivision 1, by adding a subdivision; 204C.15, subdivision 1; 204C.16.

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

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Wardlow; Bills; Hancock; Franson; Anderson, B.; Woodard; Benson, M.; Drazkowski and Barrett introduced:

H. F. No. 1552, A bill for an act relating to insurance; prohibiting the creation, operation, or existence of a health insurance exchange in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Barrett; McDonald; Crawford; Kiel; Kiffmeyer; Myhra; Anderson, D., and Wardlow introduced:

H. F. No. 1553, A bill for an act relating to health; modifying consent requirements for medical treatment of minors; permitting parental access to minor's medical records; providing for minor consent agreements; amending Minnesota Statutes 2010, sections 121A.22, subdivision 2; 144.291, subdivision 2; 144.343, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2010, section 144.3441.

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

Murphy, M., introduced:

H. F. No. 1554, A bill for an act relating to retirement; volunteer fire relief association working group recommendations; clarifying countersigners on certain financial reports; clarifying recipients of certain financial requirement determination certifications; authorizing an expansion of relief association board salaries; authorizing filing and application fees as authorized administrative expenses; modifying various former firefighter return to service and relief association coverage provisions; authorizing defined contribution relief association survivor benefit installment payments; clarifying the disposition of member dues that are relief association member contributions; making various technical amendments in volunteer firefighter relief association provisions; amending Minnesota Statutes 2010, sections 69.011, subdivision 1; 69.051, subdivisions 1, 1a, 3; 69.772, subdivision 4; 69.773, subdivision 5; 69.80; 424A.001, subdivision 4; 424A.01, subdivision 6; 424A.016, subdivision 5; 424A.02, subdivision 9; 424A.04, subdivision 3; 424A.06, subdivision 2.

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

Murphy, M., introduced:

H. F. No. 1555, A bill for an act relating to retirement; all Minnesota public pension plans; revising investment authority provisions; amending Minnesota Statutes 2010, sections 11A.24; 69.77, subdivision 9; 69.775; 354A.08; 356A.06, subdivisions 6, 7.

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

Franson and Lohmer introduced:

H. F. No. 1556, A bill for an act relating to human services; modifying the child care assistance provider rate differential for accreditation; amending Minnesota Statutes 2010, section 119B.13, subdivision 3a.

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

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Franson and Lohmer introduced:

H. F. No. 1557, A bill for an act relating to health; modifying provisions related to release of health records; amending Minnesota Statutes 2010, section 144.293, subdivisions 2, 8, 9; repealing Minnesota Statutes 2010, section 144.293, subdivision 10.

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

Franson introduced:

H. F. No. 1558, A bill for an act relating to health; repealing health care reform provisions related to payment restructuring; amending Minnesota Statutes 2010, sections 62U.06, subdivision 2; 62U.09, subdivision 1; 256B.0753, subdivision 1; repealing Minnesota Statutes 2010, sections 62U.02; 62U.04; 256B.0754.

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

Wardlow introduced:

H. F. No. 1559, A bill for an act relating to health professionals; allowing license conversion for certain psychologists; amending Minnesota Statutes 2010, section 148.907, subdivision 4.

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

Wardlow and Westrom introduced:

H. F. No. 1560, A bill for an act relating to state government; providing for disposition of contested case hearings by the Office of Administrative Hearings; amending Minnesota Statutes 2010, section 14.57.

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

Franson introduced:

H. F. No. 1561, A bill for an act relating to health; repealing family home visiting programs and related provisions; amending Minnesota Statutes 2010, sections 124D.141, subdivision 2; 145.882, subdivision 7; repealing Minnesota Statutes 2010, section 145A.17, subdivisions 1, 3, 4, 4a, 5, 6, 7, 8, 9.

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

Mullery introduced:

H. F. No. 1562, A bill for an act relating to liquor; authorizing cities to issue license for a stadium or ballpark for the purposes of baseball games; amending Minnesota Statutes 2010, section 340A.404, subdivision 1.

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

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Drazkowski; Zellers; Wardlow; Lohmer; Gottwalt; McElfatrick; Franson; Banaian; Westrom; Benson, M.; Scott; Kelly and Dean introduced:

H. F. No. 1563, A joint resolution calling for the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution to propose a constitutional amendment permitting repeal of any federal law or regulation by vote of two-thirds of the state legislatures.

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

Atkins and Gottwalt introduced:

H. F. No. 1564, A bill for an act relating to insurance; prohibiting automobile insurers from owning repair facilities; amending Minnesota Statutes 2010, section 72A.20, by adding a subdivision.

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

Quam introduced:

H. F. No. 1565, A bill for an act relating to cultural heritage; appropriating money to the Minnesota Children's Museum.

The bill was read for the first time and referred to the Legacy Funding Division.

Wardlow; Dean; Drazkowski; Banaian; Petersen, B.; Swedzinski; Daudt; Woodard; McDonald; Bills; Leidiger; Dettmer; Quam; Hackbarth; Westrom; Lohmer; LeMieur; Runbeck; Gruenhagen and Zellers introduced:

H. F. No. 1566, A joint resolution applying to Congress to call a constitutional convention to propose amendments to the Constitution of the United States to require a balanced federal budget.

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

Gruenhagen introduced:

H. F. No. 1567, A bill for an act relating to human rights; providing for access to certain information by a respondent; requiring an award of attorney fees and other expenses in certain cases; amending Minnesota Statutes 2010, sections 363A.28, subdivision 9; 363A.29, subdivision 11; 363A.33, subdivision 7.

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

Gruenhagen; Drazkowski; Anderson, D.; Shimanski; Hoppe and Quam introduced:

H. F. No. 1568, A bill for an act relating to judiciary; amending certain provisions regarding the Board on Judicial Standards; creating a code of judicial conduct; amending Minnesota Statutes 2010, sections 490A.01; 490A.02; proposing coding for new law in Minnesota Statutes, chapter 490A.

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

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Paymar introduced:

H. F. No. 1569, A bill for an act relating to public safety; requiring parental notification for gang criteria data maintained on a minor by a law enforcement agency; amending Minnesota Statutes 2010, section 299C.091, subdivision 2.

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

Paymar introduced:

H. F. No. 1570, A bill for an act relating to public safety; providing for indeterminate sentencing for sex offenders, legislative auditor recommendations, and sexual assault prevention; requiring various task forces; requiring reports; appropriating money; amending Minnesota Statutes 2010, sections 244.05, subdivisions 4, 5; 609.342, subdivision 2; 609.343, subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2; 609.3455, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 145; 609; repealing Minnesota Statutes 2010, sections 253B.18, subdivision 2; 609.342, subdivision 3; 609.343, subdivision 3; 609.345, subdivision 3.

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

Morrow introduced:

H. F. No. 1571, A bill for an act relating to telecommunications; authorizing a joint powers entity in Sibley and Renville Counties to engage in certain telecommunications activity.

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

Torkelson introduced:

H. F. No. 1572, A bill for an act relating to agriculture; modifying the pasture exemption from feedlot requirements; amending Minnesota Statutes 2010, section 116.07, subdivision 7d.

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

Hortman introduced:

H. F. No. 1573, A bill for an act relating to probate; authorizing courts to modify certain provisions; amending Minnesota Statutes 2010, section 524.2-712.

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

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Erickson introduced:

H. F. No. 1574, A bill for an act relating to crime; requiring the attorney general to appear on behalf of the state in certain prosecutions of game and fish violations; amending Minnesota Statutes 2010, section 97A.255, by adding a subdivision.

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

Smith introduced:

H. F. No. 1575, A bill for an act relating to judiciary; modifying certain disclosure requirements for freelance court reporters; amending Minnesota Statutes 2010, section 486.10, subdivisions 2, 3.

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

Smith introduced:

H. F. No. 1576, A bill for an act relating to creditors remedies; requiring a financial institution to provide notice to all named account holders after receipt of execution levy, garnishment summons, or writ of execution; amending Minnesota Statutes 2010, sections 550.143, subdivision 4; 551.05, subdivision 2; 571.913.

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

Cornish introduced:

H. F. No. 1577, A bill for an act relating to public safety; establishing a sex offender policy task force.

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

Smith introduced:

H. F. No. 1578, A bill for an act relating to judiciary; providing a limitation period to bring an action arising out of consumer debt; providing requirements for applications for default judgments in actions upon obligations of consumer debt; setting the bail amount in cases of consumer debt; amending Minnesota Statutes 2010, sections 491A.02, subdivision 9; 550.011; 588.04; proposing coding for new law in Minnesota Statutes, chapters 541; 548.

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

McFarlane and Marquart introduced:

H. F. No. 1579, A bill for an act relating to counties; giving counties authority to provide for the general welfare; establishing an alternative service delivery pilot program for waivers; amending Minnesota Statutes 2010, section 375.18, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 402A.

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

Journal of the House - 43rd Day - Tuesday, April 26, 2011 - Top of Page 2471

CALENDAR FOR THE DAY

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

MOTIONS AND RESOLUTIONS

Koenen moved that his name be stricken as an author on H. F. No. 20. The motion prevailed.

Hamilton moved that the name of Downey be added as an author on H. F. No. 287. The motion prevailed.

Clark moved that the names of Norton and Thissen be added as authors on H. F. No. 307. The motion prevailed.

Kriesel moved that the name of Dettmer be added as an author on H. F. No. 361. The motion prevailed.

Mariani moved that the name of LeMieur be added as an author on H. F. No. 494. The motion prevailed.

Gunther moved that the name of Champion be added as an author on H. F. No. 838. The motion prevailed.

Holberg moved that the name of Benson, M., be added as an author on H. F. No. 936. The motion prevailed.

Holberg moved that the name of Benson, M., be added as an author on H. F. No. 1042. The motion prevailed.

Nornes moved that the name of Benson, M., be added as an author on H. F. No. 1101. The motion prevailed.

Anderson, D., moved that the name of Drazkowski be added as an author on H. F. No. 1135. The motion prevailed.

Hortman moved that the name of Smith be added as an author on H. F. No. 1214. The motion prevailed.

Hamilton moved that the name of Liebling be added as an author on H. F. No. 1236. The motion prevailed.

Barrett moved that the name of Clark be added as an author on H. F. No. 1359. The motion prevailed.

Bills moved that the name of Gottwalt be added as an author on H. F. No. 1386. The motion prevailed.

Persell moved that his name be stricken as an author on H. F. No. 1440. The motion prevailed.

Koenen moved that his name be stricken as an author on H. F. No. 1440. The motion prevailed.

McFarlane moved that the name of Lanning be added as an author on H. F. No. 1448. The motion prevailed.

Scott moved that the name of Gottwalt be added as an author on H. F. No. 1476. The motion prevailed.

Runbeck moved that the names of Lenczewski and Dittrich be added as authors on H. F. No. 1496. The motion prevailed.

Lenczewski moved that the name of Slocum be added as an author on H. F. No. 1499. The motion prevailed.

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Greene moved that the names of Clark, Slocum and Champion be added as authors on H. F. No. 1503. The motion prevailed.

Atkins moved that the words "by request" be added after his name on H. F. No. 1517. The motion prevailed.

Mullery moved that the name of Slocum be added as an author on H. F. No. 1520. The motion prevailed.

Mariani moved that the name of Champion be added as an author on H. F. No. 1524. The motion prevailed.

Greiling moved that the names of Clark, Slocum and Champion be added as authors on H. F. No. 1529. The motion prevailed.

Cornish moved that the name of Wardlow be added as an author on H. F. No. 1535. The motion prevailed.

Paymar moved that the name of Clark be added as an author on H. F. No. 1540. The motion prevailed.

Mullery moved that the name of Clark be added as an author on H. F. No. 1541. The motion prevailed.

Johnson moved that H. F. No. 554, now on the General Register, be re-referred to the Committee on State Government Finance. The motion prevailed.

Kelly moved that H. F. No. 811 be recalled from the Committee on Environment, Energy and Natural Resources Policy and Finance and be re-referred to the Committee on Agriculture and Rural Development Policy and Finance. The motion prevailed.

Hackbarth moved that H. F. No. 984, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.

McFarlane moved that H. F. No. 1448 be recalled from the Committee on Commerce and Regulatory Reform and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Hortman moved that H. F. No. 1573 be recalled from the Committee on Civil Law and be re-referred to the Committee on Judiciary Policy and Finance. The motion prevailed.

ADJOURNMENT

Dean moved that when the House adjourns today it adjourn until 4:30 p.m., Wednesday, April 27, 2011. The motion prevailed.

Dean moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 4:30 p.m., Wednesday, April 27, 2011.

Albin A. Mathiowetz, Chief Clerk, House of Representatives