Journal of the House - 2nd Day - Thursday, January 10, 2013

A quorum was present.

Anzelc, Bernardy, Clark, Hilstrom, Lesch, Mullery, O'Driscoll and Peppin were excused.

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

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Selcer; Marquart; Masin; Halverson; Newton; Murphy, M.; Simonson; Ward, J.A.; Savick; Dehn, R.; Yarusso; Sawatzky; Erickson, R.; Fischer; Isaacson; Lien; McNamar; Radinovich; Loeffler; Brynaert; Norton; Laine; Nelson; Metsa; Ward, J.E.; Rosenthal; Freiberg; Dorholt; Hornstein; Sundin; Fritz; Hansen; Anzelc; Faust and Morgan introduced:

H. F. No. 1, A bill for an act relating to education finance; restoring the school district current year aid payment shift percentage to 90; amending Minnesota Statutes 2012, section 127A.45, subdivision 2.

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

Davnie; Lien; McNamar; Radinovich; Erickson, R.; Murphy, M.; Simonson; Ward, J.A.; Yarusso; Faust; Dehn, R.; Sawatzky; Isaacson; Marquart; Selcer; Savick; Brynaert; Fischer; Loeffler; Norton; Laine; Nelson; Dorholt; Freiberg; Metsa; Ward, J.E.; Fritz; Hornstein; Sundin; Falk; Lenczewski; Persell; Melin and Dill introduced:

H. F. No. 2, A bill for an act relating to taxation; property; modifying property tax refunds; decreasing the threshold percentage for the homestead credit refund for homeowners; increasing the percentage of rent constituting property taxes; amending Minnesota Statutes 2012, sections 290A.03, subdivisions 11, 13; 290A.04, subdivisions 2, 4; proposing coding for new law in Minnesota Statutes, chapter 290A.

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

Savick; Mahoney; Fritz; Persell; Lien; Murphy, M.; Simonson; Ward, J.A.; Yarusso; Dehn, R.; Sawatzky; Selcer; Mullery; Isaacson; Marquart; Brynaert; McNamar; Erickson, R.; Loeffler; Laine; Norton; Nelson; Rosenthal; Freiberg; Ward, J.E.; Hornstein; Metsa; Radinovich; Sundin; Falk; Hansen; Wagenius; Melin and Dill introduced:

H. F. No. 3, A bill for an act relating to economic development; appropriating money for the Minnesota investment fund.

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

Sawatzky; Faust; Mahoney; Falk; Persell; Murphy, M.; Dehn, R.; Savick; Selcer; Simonson; Ward, J.A.; Yarusso; Brynaert; Marquart; Radinovich; Erickson, R.; McNamar; Fischer; Lien; Laine; Nelson; Dorholt; Ward, J.E.; Rosenthal; Metsa; Freiberg; Fritz; Hornstein; Wagenius; Melin; Dill and Lillie introduced:

H. F. No. 4, A bill for an act relating to economic development; modifying the Minnesota Trade Office; appropriating money.

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

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Atkins; Huntley; Abeler; Davids; Fritz; Anzelc; Falk; Mullery; Fischer; Ward, J.E.; Savick; Carlson; Yarusso; Hornstein; Schoen; Nelson; Sundin; Mahoney; Lillie; Johnson, S.; Bernardy and Persell introduced:

H. F. No. 5, A bill for an act relating to commerce; establishing the Minnesota Insurance Marketplace; prescribing its powers and duties; providing for legislative appointments; appropriating money; amending Minnesota Statutes 2012, section 13.7191, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 62V.

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

Lenczewski introduced:

H. F. No. 6, A bill for an act relating to taxation; conforming certain income, franchise, and property tax refund provisions for tax year 2012 to the provisions of the Federal Aviation Administration Modernization and Reform Act of 2012 and the American Taxpayer Relief Act of 2012; amending Minnesota Statutes 2012, sections 290.01, subdivisions 19, 31; 290A.03, subdivision 15.

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

Erickson, S., introduced:

H. F. No. 7, A bill for an act relating to education; clarifying the district process for reviewing curriculum, instruction, and student achievement; amending Minnesota Statutes 2012, section 120B.11.

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

Mullery introduced:

H. F. No. 8, A bill for an act relating to real estate; enacting the Supporting Responsible Homeowners and Stabilizing Neighborhoods Act; providing homeowner opportunities in regard to underwater mortgage loans and foreclosure relief on residential homestead property; amending Minnesota Statutes 2012, sections 580.02; 580.041, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 47; 580; proposing coding for new law as Minnesota Statutes, chapter 584.

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

Huntley introduced:

H. F. No. 9, A bill for an act relating to human services; expanding medical assistance eligibility; requiring the use of modified adjusted gross income and a standard income disregard; amending Minnesota Statutes 2012, sections 256B.02, by adding subdivisions; 256B.055, subdivision 15; 256B.056, subdivisions 1a, 3, 4, 7, by adding subdivisions; 256B.057, subdivision 2.

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

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Mullery introduced:

H. F. No. 10, A bill for an act relating to jobs; modifying the minimum wage; amending Minnesota Statutes 2012, section 177.24, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Persell introduced:

H. F. No. 11, A bill for an act relating to capital improvements; appropriating money to establish the Northern Minnesota Veterans Home; authorizing the sale and issuance of state bonds.

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

Erickson, S., introduced:

H. F. No. 12, A bill for an act relating to capital investment; appropriating money for the Malone Island Bridge in the city of Isle; authorizing the sale and issuance of state bonds.

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

Norton; Kieffer; Persell; Kahn; Moran; Paymar; Davnie; Laine; Dehn, R.; Brynaert and Yarusso introduced:

H. F. No. 13, A bill for an act proposing an amendment to the Minnesota Constitution, article IX, section 1; changing the method for amending the constitution.

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

Kieffer and Persell introduced:

H. F. No. 14, A bill for an act relating to state government; proposing a constitutional amendment to change the method for amending the Minnesota Constitution.

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

Mullery introduced:

H. F. No. 15, A bill for an act relating to economic development; establishing grant program for collaborative activities to reduce unemployment among minority populations; appropriating money.

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

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Mullery introduced:

H. F. No. 16, A bill for an act relating to employment; prohibiting conditions precedent to employment related to unemployed persons; proposing coding for new law in Minnesota Statutes, chapter 181.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Mullery introduced:

H. F. No. 17, A bill for an act relating to civil rights; requiring notices of civil rights status; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Mullery introduced:

H. F. No. 18, A bill for an act relating to taxation; allowing a credit for hiring long-term unemployed individuals; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Hortman and Hoppe introduced:

H. F. No. 19, A bill for an act relating to probate; multiparty accounts; allowing agency designations in certain situations; amending Minnesota Statutes 2012, sections 524.6-201, by adding a subdivision; 524.6-203; 524.6-204; 524.6-211; 524.6-213, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 524.

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

Freiberg introduced:

H. F. No. 20, A bill for an act relating to data practices; classifying certain contact information; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Mullery introduced:

H. F. No. 21, A bill for an act relating to mortgage foreclosures; requiring certain calculations; requiring reduction in the mortgage loan balance under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 582.

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

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Mullery introduced:

H. F. No. 22, A bill for an act relating to real estate; foreclosure forbearance for unemployed long-term homeowners; proposing coding for new law in Minnesota Statutes, chapter 580.

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

Mullery introduced:

H. F. No. 23, A bill for an act relating to insurance; prohibiting discrimination in auto insurance based upon geographic location within the Twin Cities metropolitan area; amending Minnesota Statutes 2012, section 72A.20, subdivision 23.

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

Mullery introduced:

H. F. No. 24, A bill for an act relating to taxation; property tax refund; increasing the percentage of rent constituting property taxes; amending Minnesota Statutes 2012, section 290A.03, subdivisions 11, 13.

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

Mullery introduced:

H. F. No. 25, A bill for an act relating to mortgage foreclosures; providing foreclosed homeowners with the right to stay in the home for a longer period of time; amending Minnesota Statutes 2012, section 580.041, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapter 580.

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

Mullery introduced:

H. F. No. 26, A bill for an act relating to mortgage foreclosures; requiring lenders to make certain postforeclosure offers to former homeowners; proposing coding for new law in Minnesota Statutes, chapter 580.

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

Mullery introduced:

H. F. No. 27, A bill for an act relating to real estate; requiring that mortgage lenders who have foreclosed on real estate within a city must deed the property to the city in which it is located when the foreclosure has been completed; permitting the city to charge the lender for any costs of repair or demolition; requiring the lender to pay those charges; proposing coding for new law in Minnesota Statutes, chapter 582.

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

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Mullery introduced:

H. F. No. 28, A bill for an act relating to real property; providing homeowners facing foreclosure with information about the current owner of the mortgagee interest in the property, the current holder of the mortgage, and the third-party servicer of the mortgage loan if any; amending Minnesota Statutes 2012, section 580.022, subdivision 2.

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

Mullery introduced:

H. F. No. 29, A bill for an act relating to mortgage lending; requiring lenders to make certain calculations prior to foreclosure; proposing coding for new law in Minnesota Statutes, chapter 580.

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

Mullery introduced:

H. F. No. 30, A bill for an act relating to taxation; individual income; reinstating the lower income motor fuels tax credit; appropriating money; amending Minnesota Statutes 2012, section 290.06, by adding a subdivision.

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

Newton introduced:

H. F. No. 31, A bill for an act relating to education finance; increasing the state reimbursement for reduced-price school lunch meals; appropriating money; amending Minnesota Statutes 2012, section 124D.111, subdivision 1.

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

Erickson, S., introduced:

H. F. No. 32, A bill for an act relating to taxation; individual income; restructuring the individual income tax; eliminating subtractions, applying a single tax rate, modifying the working family credit, and repealing the alternative minimum tax and various credits; amending Minnesota Statutes 2012, sections 290.01, subdivisions 19a, 19b; 290.06, subdivision 2c; 290.0671, subdivision 1; 290.091, subdivision 6; repealing Minnesota Statutes 2012, sections 290.067, subdivisions 1, 2, 2a, 2b, 3, 4; 290.0672; 290.0674; 290.0675, subdivisions 1, 2, 3, 4; 290.0679; 290.0802; 290.091, subdivisions 1, 2, 3, 4, 5, 6.

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

Erickson, S., introduced:

H. F. No. 33, A bill for an act relating to natural resources; requiring report on management costs for certain fisheries; proposing coding for new law in Minnesota Statutes, chapter 97C.

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

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Erickson, S., introduced:

H. F. No. 34, A bill for an act relating to education; modifying teacher licensure requirements; amending Minnesota Statutes 2012, sections 122A.09, subdivision 4; 122A.18, subdivision 2.

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

Mullery introduced:

H. F. No. 35, A bill for an act relating to real estate; regulating underwater mortgage loans; providing an opportunity to refinance; requiring transparency in loan modification criteria; proposing coding for new law in Minnesota Statutes, chapter 47.

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

Mullery introduced:

H. F. No. 36, A bill for an act relating to financial institutions; repealing certain obsolete limitations on state regulation of residential mortgage lending; conforming to the federal Dodd-Frank Act; amending Minnesota Statutes 2012, section 58.13, subdivision 1; repealing Minnesota Statutes 2012, section 58.18, subdivision 4.

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

Mullery introduced:

H. F. No. 37, A bill for an act relating to corporate franchise taxation; providing a throwback sales rule; amending Minnesota Statutes 2012, sections 290.015, subdivision 1; 290.191, subdivisions 5, 6.

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

Erickson, S., introduced:

H. F. No. 38, A bill for an act relating to tribal-state compacts; requiring compliance; requiring reports; amending Minnesota Statutes 2012, sections 3.9221, by adding a subdivision; 299L.07, by adding a subdivision.

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

Persell introduced:

H. F. No. 39, A bill for an act relating to taxation; local taxes authorized; city of Walker.

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

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Hilstrom introduced:

H. F. No. 40, A bill for an act relating to protected persons; guardians and conservators; modifying provisions related to the appointment of guardians and conservators; increasing background study fee; modifying contents of annual reports made by guardians and conservators; amending Minnesota Statutes 2012, sections 245C.32, subdivision 2; 524.5-118, subdivision 1, by adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420.

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

Mullery introduced:

H. F. No. 41, A bill for an act relating to taxation; allowing a credit for employers who employ qualified ex-felons; amending Minnesota Statutes 2012, section 290.06, by adding a subdivision.

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

Erickson, S., introduced:

H. F. No. 42, A bill for an act relating to natural resources; applying open meeting law to certain treaty-related meetings; requiring aquatic invasive species report; proposing coding for new law in Minnesota Statutes, chapter 97A.

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

Erickson, S., introduced:

H. F. No. 43, A bill for an act relating to natural resources; requiring legislative approval of five-year management plan for Mille Lacs walleye harvest.

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

Erickson, S., introduced:

H. F. No. 44, A bill for an act relating to education; requiring the Minnesota State Colleges and Universities Board of Trustees to consider student performance on an Armed Services Vocational Aptitude Battery as a means to determine eligibility for admission; including career readiness assessment in planning for students' successful transition to postsecondary education and employment; amending Minnesota Statutes 2012, sections 120B.125; 136F.06, by adding a subdivision.

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

Mullery introduced:

H. F. No. 45, A bill for an act relating to state government; requiring commissioner of administration to place a bust of Nellie Stone Johnson in the State Capitol Building; appropriating money.

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

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Mullery introduced:

H. F. No. 46, A bill for an act relating to economic development; appropriating money for a grant to the Neighborhood Development Center.

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

Mullery introduced:

H. F. No. 47, A bill for an act relating to insurance; prohibiting the use of consumer credit scores or history by insurers in underwriting automobile insurance policies; amending Minnesota Statutes 2012, sections 72A.20, subdivision 36; 72A.499, subdivision 1; 72A.501, subdivision 2.

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

Mullery introduced:

H. F. No. 48, A bill for an act relating to the judiciary; regulating the issuance of writs of mandamus; amending Minnesota Statutes 2012, section 586.01.

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

Mullery introduced:

H. F. No. 49, A bill for an act relating to real estate mortgage foreclosures; providing that future mortgage foreclosures by advertisement will not be effective; providing that a deficiency judgment will no longer be available on foreclosures of homestead property by action or advertisement; amending Minnesota Statutes 2012, sections 580.01; 582.30, subdivision 1.

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

Mullery introduced:

H. F. No. 50, A bill for an act relating to employment; modifying reliance on criminal history for employment requirements; amending Minnesota Statutes 2012, sections 181.981, subdivision 1; 364.021.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Mullery introduced:

H. F. No. 51, A bill for an act relating to mortgage foreclosures; regulating lender sale of a foreclosed property to a person who has an unremedied local housing code violation; proposing coding for new law in Minnesota Statutes, chapter 582.

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

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Mullery introduced:

H. F. No. 52, A bill for an act relating to taxation; property; modifying exemptions; amending Minnesota Statutes 2012, section 272.02, by adding a subdivision.

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

Woodard; Swedzinski; Loon; Daudt; Drazkowski; Sanders; Hamilton; Johnson, B., and Erickson, S., introduced:

H. F. No. 53, A bill for an act relating to education finance; requiring a three-fifths vote to pass legislation reducing the school aid payment percentage below 90; amending Minnesota Statutes 2012, section 127A.45, subdivision 1.

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

Mullery introduced:

H. F. No. 54, A bill for an act relating to consumer protection; regulating consumer fraud; amending Minnesota Statutes 2012, section 325F.69, by adding a subdivision.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 2, A Senate concurrent resolution relating to parking space in the capitol area for members of the Legislature and staff.

JoAnne M. Zoff, Secretary of the Senate

SUSPENSION OF RULES

Murphy, E., moved that the rules be so far suspended that Senate Concurrent Resolution No. 2 be now considered and placed upon its adoption. The motion prevailed.

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SENATE CONCURRENT RESOLUTION NO. 2

A Senate concurrent resolution relating to parking space in the capitol area for members of the Legislature and staff.

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

The Commissioner of Administration shall reserve all parking space necessary on the Capitol grounds, Capitol Approach, and Aurora Avenue, in the State Office Building ramp, and elsewhere in the capitol area for the use of the members and staff of the Legislature for the 88th session of the Legislature, allowing reasonable space for parking to the general public having business at the Capitol. The Committee on Rules and Administration of the Senate and the Committee on Rules and Legislative Administration of the House of Representatives may designate necessary personnel to work with the Commissioner of Administration in this matter.

The Secretary of the Senate and the Controller of the House of Representatives may deduct from the check of any legislator or legislative employee in each year of the 88th session of the Legislature a sum adequate to cover the exercise of the parking privilege defined in this resolution in conformity with the practice of the Commissioner of Administration.

Murphy, E., moved that Senate Concurrent Resolution No. 2 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 2 was adopted.

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 3, A Senate concurrent resolution relating to the adjournment of the Senate and House of Representatives on January 17, 2013.

JoAnne M. Zoff, Secretary of the Senate

SUSPENSION OF RULES

Murphy, E., moved that the rules be so far suspended that Senate Concurrent Resolution No. 3 be now considered and placed upon its adoption. The motion prevailed.

SENATE CONCURRENT RESOLUTION NO. 3

A Senate concurrent resolution relating to the adjournment of the Senate and House of Representatives on January 17, 2013.

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring, that upon adjournment on Thursday, January 17, 2013, the Senate and the House of Representatives may each adjourn for more than three days.

Murphy, E., moved that Senate Concurrent Resolution No. 3 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 3 was adopted.

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ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the following appointments and changes in committee assignments:

Legacy: Delete the name of Peppin and add the name of Wills.

ADJOURNMENT

Murphy, E., moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, January 14, 2013. The motion prevailed.

Murphy, E., moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, January 14, 2013.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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