Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 689

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2009

 

_____________________

 

EIGHTEENTH DAY

 

Saint Paul, Minnesota, Monday, March 9, 2009

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend James R. Anderson, part-time Pastor at Mount Olivet Lutheran Church in Minneapolis, Minnesota who served as House Chaplain in 1965.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Jackson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Beard, Garofalo, Hosch and Peppin were excused.

 

      Johnson was excused until 1:50 p.m.  Demmer was excused until 2:05 p.m.

 

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


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REPORTS OF CHIEF CLERK

 

      S. F. No. 496 and H. F. No. 444, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Thissen moved that S. F. No. 496 be substituted for H. F. No. 444 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 551, A bill for an act relating to public safety; amending the risk-level assessment process for out-of-state predatory offenders who move to the state; increasing penalties for certain repeat offenders; requiring training regarding predatory offenders for those who care for children and vulnerable adults; amending Minnesota Statutes 2008, sections 244.052, subdivision 3a; 609.3451, subdivision 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TITLE. 

 

This act shall be known as the Safe Neighborhoods Act of 2009.

 

Sec. 2.  [244.0521] TRAINING MATERIALS ON THE DANGERS OF PREDATORY OFFENDERS. 

 

By October 1, 2010, the commissioner of corrections, in consultation with the commissioner of public safety, shall develop training materials on the dangers of predatory offenders for programs and officials who care for and educate children and vulnerable adults.  The training materials must include information on the predatory offender community notice requirements under section 244.052, the predatory offender registration requirements under section 243.166, and the dangers that predatory offenders pose to children and vulnerable adults.  The training materials shall be developed in a format that permits self-study or facilitator-assisted training that can be completed in approximately one hour.  Upon development of these training materials, the commissioner of corrections shall provide notice of completion and electronic access to the training to the commissioner of human services and the commissioner of health.

 

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

 

Sec. 3.  Minnesota Statutes 2008, section 609.3451, subdivision 3, is amended to read:

 

Subd. 3.  Felony.  A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person:

 

(1) violates subdivision 1, clause (2), after having been previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, subdivision 2, clause (1); or a statute from another state in conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1); or


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(2) violates subdivision 1 after having been previously convicted two or more times of any combination of a predatory offense, a sex offense, as that term is defined in section 609.3455, subdivision 1, clause (h), section 609.746 (interfering with privacy), 609.749 (harassment and stalking), 609.79 (obscene or harassing phone calls), 609.72, subdivision 1, clause (3) (disorderly conduct), 617.23 (indecent exposure), 617.246 (creating child pornography), or 617.247 (possessing or disseminating child pornography). 

 

EFFECTIVE DATE.  This section is effective August 1, 2009, and applies to offenses committed on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; increasing penalties for certain repeat offenders; requiring training materials regarding predatory offenders for those who care for children and vulnerable adults; amending Minnesota Statutes 2008, section 609.3451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 244."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 602, A bill for an act relating to utilities; providing for audio electronic recordings; making technical corrections regarding the cold weather rule; amending Minnesota Statutes 2008, sections 216A.03, subdivision 6; 216C.11.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 216C.11, is amended to read:

 

216C.11 ENERGY CONSERVATION INFORMATION CENTER. 

 

The commissioner shall establish an Energy Information Center in the department's offices in St. Paul.  The information center shall maintain a toll-free telephone information service and disseminate printed materials on energy conservation topics, including but not limited to, availability of loans and other public and private financing methods for energy conservation physical improvements, the techniques and materials used to conserve energy in buildings, including retrofitting or upgrading insulation and installing weatherstripping, the projected prices and availability of different sources of energy, and alternative sources of energy.

 

The Energy Information Center shall serve as the official Minnesota Alcohol Fuels Information Center and shall disseminate information, printed, by the toll-free telephone information service, or otherwise on the applicability and technology of alcohol fuels.

 

The information center shall include information on the potential hazards of energy conservation techniques and improvements in the printed materials disseminated.  The commissioner shall not be liable for damages arising from the installation or operation of equipment or materials recommended by the information center.


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The information center shall use the information collected under section 216C.02, subdivision 1, to maintain a central source of information on conservation and other energy-related programs, including both programs required by law or rule and programs developed and carried on voluntarily.  In particular, the information center shall compile and maintain information on policies covering disconnections or denials of fuel during cold weather adopted by public utilities and other fuel suppliers not governed by Minnesota Rules, parts 7820.1500 to 7820.2300 section 216B.096 or 216B.097, including the number of households disconnected or denied fuel and the duration of the disconnections or denials. 

 

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

 

Sec. 2.  REVISOR'S INSTRUCTION. 

 

(a) The revisor of statutes shall replace the phrase "parts 7820.1500 to 7820.2300" in Minnesota Rules, part 7826.0200, with the phrase "Minnesota Statutes, sections 216B.096 and 216B.097."

 

(b) The revisor of statutes shall replace the phrase "chapter 7820" in Minnesota Rules, part 7826.1500, item B, with the phrase "Minnesota Statutes, sections 216B.096 and 216B.097."

 

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

 

Delete the title and insert:

 

"A bill for an act relating to utilities; making technical corrections regarding the cold weather rule; amending Minnesota Statutes 2008, section 216C.11."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

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

 

H. F. No. 603, A bill for an act relating to utilities; modifying provisions for recording proceedings of Public Utilities Commission; amending Minnesota Statutes 2008, section 216A.03, subdivision 6, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 671, A bill for an act relating to veterans; eliminating the residency requirement for a complimentary state park pass for a veteran with total and permanent service-connected disability; amending Minnesota Statutes 2008, section 85.053, subdivision 10.

 

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

 

      The report was adopted.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 693

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 715, A bill for an act relating to state procurement; designating businesses owned by disabled veterans as targeted group businesses for purposes of awarding certain state and metropolitan agency contracts; amending Minnesota Statutes 2008, section 16C.16, subdivision 5.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision to read:

 

Subd. 6a.  Service-disabled veteran-owned businesses.  (a) The commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by veterans having service-connected disabilities, as determined by the United States Department of Veterans Affairs.

 

(b) The purpose of this designation is to facilitate the transition of service-disabled veterans from military to civilian life, and to help compensate them for their sacrifices, including but not limited to their sacrifice of health and time, for the state and nation during their military service, as well as to enhance economic development within Minnesota.

 

(c) For purposes of this section and section 16C.19, the following terms have the meanings given them:

 

(1) "veteran" has the meaning given in section 197.447; and

 

(2) "service-connected disability" has the meaning given in United States Code, title 38, section 101(16), as determined by the United States Department of Veterans Affairs.

 

EFFECTIVE DATE.  This section is effective July 1, 2009, and applies to procurement contract bid solicitations issued on and after that date.

 

Sec. 2.  Minnesota Statutes 2008, section 16C.19, is amended to read:

 

16C.19 ELIGIBILITY; RULES. 

 

(a) A small business wishing to participate in the programs under section 16C.16, subdivisions 4 to 7, must be certified by the commissioner.  The commissioner shall adopt by rule standards and procedures for certifying that small businesses, small targeted group businesses, and small businesses located in economically disadvantaged areas are eligible to participate under the requirements of sections 16C.16 to 16C.21.  The commissioner shall adopt by rule standards and procedures for hearing appeals and grievances and other rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21. 

 

(b) The commissioner may make rules which exclude or limit the participation of nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21. 

 

(c) The commissioner may make rules that set time limits and other eligibility limits on business participation in programs under sections 16C.16 to 16C.21. 


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(d) Notwithstanding paragraphs (b) and (c), for purposes of sections 16C.16 to 16C.21, a service-disabled veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being a service-disabled veteran-owned small business in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.

 

EFFECTIVE DATE.  This section is effective July 1, 2009, and applies to procurement contract bid solicitations issued on and after that date."

 

Delete the title and insert:

 

"A bill for an act relating to state government; authorizing preferences in state procurement for service-disabled veteran-owned small businesses; amending Minnesota Statutes 2008, sections 16C.16, by adding a subdivision; 16C.19."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 720, A bill for an act relating to crimes; adopting the Uniform Child Witness Testimony by Alternative Methods Act; amending Minnesota Statutes 2008, section 595.02, subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapter 595.

 

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

 

      The report was adopted.

 

 

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

H. F. No. 729, A bill for an act relating to elections; changing certain requirements for town elections; amending Minnesota Statutes 2008, sections 205.075, subdivision 1, by adding a subdivision; 367.03, subdivision 4, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 789, A bill for an act relating to utilities; modifying provisions relating to deadline for rate determination by Public Utilities Commission; making clarifying correction; amending Minnesota Statutes 2008, section 216B.16, subdivisions 2, 7b.

 

Reported the same back with the following amendments:


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Page 1, line 12, delete the new language and reinstate the stricken language

 

Page 2, line 6, delete the new language and reinstate the stricken language

 

Page 2, line 19, strike "to the extent necessary" and insert "up to an additional 90 days"

 

Page 2, line 20, strike "after it has made a final determination in" and delete "each"

 

Page 2, line 21, delete "pending" and strike "case"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

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

 

H. F. No. 818, A bill for an act relating to vulnerable adults; authorizing disclosure of financial records in connection with financial exploitation investigations; modifying procedures and duties for reporting and investigating maltreatment; specifying duties of financial institutions in cases alleging financial exploitation; modifying the crime of financial exploitation; imposing criminal and civil penalties;  amending Minnesota Statutes 2008, sections 13A.02, subdivision 1; 13A.04, subdivision 1; 256B.0595, subdivision 4b; 299A.61, subdivision 1; 388.23, subdivision 1; 609.2335; 609.52, subdivision 3; 611A.033; 626.557, subdivisions 4, 5, 9, 9b, 9e, by adding subdivisions; 626.5572, subdivisions 5, 21; 628.26.

 

Reported the same back with the following amendments:

 

Page 4, line 16, after "banking" insert ", credit card," and after "adult" insert ", whether held in the name of the vulnerable adult or a third party, including but not limited to safe deposit, loan and account applications and agreements, signature cards, statements, check, transfers, account authorizations, safe deposit access records and documentation of fraud"

 

Page 5, line 2, after "adult" insert ", whether held in the name of the vulnerable adult or a third party,"

 

Page 5, line 5, after "resources" insert ", whether held in the name of the vulnerable adult or a third party,"

 

Page 5, line 9, after "adult" insert ", whether held in the name of the vulnerable adult or a third party,"

 

Page 9, line 2, after the period, insert "Financial institutions are immune from any civil or criminal liability that might otherwise result from complying with this subdivision."

 

 

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

 

      The report was adopted.


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

 

H. F. No. 819, A bill for an act relating to commerce; prohibiting certain unfair Internet ticket sales by original sellers; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the following amendments:

 

Page 1, line 9, after "not" insert a colon and before "sell" insert:

 

"(1)"

 

Page 1, line 11, delete "ten" and insert "seven" and delete the period and insert "; or

 

(2) provide on its Web site a link, either directly or indirectly, to any individual or entity that functions as a reseller of tickets sold by the initial seller.

 

For purposes of this section, "initial seller" does not include a person or entity that is the person or entity that provides the event or provides the venue for the event."

 

 

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

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 905, A bill for an act relating to the military; providing for acceptance of certain services by commissioner of military affairs; proposing coding for new law in Minnesota Statutes, chapter 190.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [190.161] UNCOMPENSATED AND VOLUNTARY SERVICES; EXPENSES. 

 

To assist in the discharge of the functions of the department, the adjutant general may accept uncompensated and voluntary services and enter into written agreements with private or public agencies or persons for uncompensated and voluntary services as may be practical pursuant to sections 16C.08 and 16C.09.  Persons rendering voluntary uncompensated services may be reimbursed for travel expenses incurred in the performance of official duties at the same rate per mile as state employees."

 

Delete the title and insert:

 

"A bill for an act relating to the military; providing for acceptance of certain services by adjutant general; proposing coding for new law in Minnesota Statutes, chapter 190."

 

 

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

 

      The report was adopted.


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Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

 

H. F. No. 920, A bill for an act relating to education; removing obsolete and unneeded mandates; amending Minnesota Statutes 2008, section 123B.143, subdivision 1; repealing Minnesota Statutes 2008, sections 120B.39; 122A.628; 122A.75.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to read:

 

Subdivision 1.  Required academic standards.  The following subject areas are required for statewide accountability:

 

(1) language arts;

 

(2) mathematics;

 

(3) science;

 

(4) social studies, including history, geography, economics, and government and citizenship;

 

(5) health and physical education, for which locally developed academic standards apply; and

 

(6) the arts, for which statewide or locally developed academic standards apply, as determined by the school district.  Public elementary and middle schools must offer at least three and require at least two of the following four arts areas: dance; music; theater; and visual arts.  Public high schools, consistent with section 120B.024, paragraph (a), clause (5), must offer at least three and require at least one of the following five arts areas: media arts; dance; music; theater; and visual arts.

 

The commissioner must submit proposed standards in science and social studies to the legislature by February 1, 2004.

 

For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education plan team has determined that the required academic standards are inappropriate.  An individualized education plan team that makes this determination must establish alternative standards.

 

A school district, no later than the 2007-2008 school year, must adopt graduation requirements that meet or exceed state graduation requirements established in law or rule.  A school district that incorporates these state graduation requirements before the 2007-2008 school year must provide students who enter the 9th grade in or before the 2003-2004 school year the opportunity to earn a diploma based on existing locally established graduation requirements in effect when the students entered the 9th grade.  District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.

 

The commissioner must include the contributions of Minnesota American Indian tribes and communities as they relate to the academic standards during the review and revision of the required academic standards.

 

EFFECTIVE DATE.  This section is effective for the 2009-2010 school year and later.


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Sec. 2.  Minnesota Statutes 2008, section 120B.11, subdivision 5, is amended to read:

 

Subd. 5.  Report.  (a) By October 1 of each year, the school board shall use standard statewide reporting procedures the commissioner develops and adopt a report, consistent with section 120B.36, subdivision 1, that includes the following:

 

(1) student achievement goals for meeting state academic standards;

 

(2) results of local assessment data, and any additional test data;

 

(3) the annual school district improvement plans including staff development goals under section 122A.60;

 

(4) information about district and learning site progress in realizing previously adopted improvement plans; and

 

(5) the amount and type of revenue attributed to each education site as defined in section 123B.04.

 

(b) The school board shall publish the report in the local newspaper with the largest circulation in the district, by mail, or by electronic means such as the district Web site.  If electronic means are used, school districts must publish notice of the report in a periodical of general circulation in the district.  School districts must make copies of the report available to the public on request.  The board shall make a copy of the report available to the public for inspection.  The board shall send a copy of the report to the commissioner of education by October 15 of each year.

 

(c) The title of the report shall contain the name and number of the school district and read "Annual Report on Curriculum, Instruction, and Student Achievement." The report must include at least the following information about advisory committee membership:

 

(1) the name of each committee member and the date when that member's term expires;

 

(2) the method and criteria the school board uses to select committee members; and

 

(3) the date by which a community resident must apply to next serve on the committee.

 

EFFECTIVE DATE.  This section is effective for the 2009-2010 school year and later.

 

Sec. 3.  Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:

 

Subdivision 1.  Budgets; form of notification.  (a) Every board must publish revenue and expenditure budgets for the current year and the actual revenues, expenditures, fund balances for the prior year and projected fund balances for the current year in a form prescribed by the commissioner within one week of the acceptance of the final audit by the board, or November 30, whichever is earlier.  The forms prescribed must be designed so that year to year comparisons of revenue, expenditures and fund balances can be made.

 

(b) A school board annually must notify the public of its revenue, expenditures, fund balances, and other relevant budget information.  The board must include the budget information required by this section in the materials provided as a part of its truth in taxation hearing, post the materials in a conspicuous place on the district's official Web site, including a link to the district's school report card on the Department of Education's Web site, and publish a summary of the information and the address of the district's official Web site where the information can be found in a qualified newspaper of general circulation in the district.

 

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


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Page 2, after line 24, insert:

 

"Sec. 5.  Minnesota Statutes 2008, section 123B.57, subdivision 1, is amended to read:

 

Subdivision 1.  Health and safety program.  (a) To receive health and safety revenue for any fiscal year a district must submit to the commissioner an application for aid and levy by the date determined by the commissioner.  The application may be for hazardous substance removal, fire and life safety code repairs, labor and industry regulated facility and equipment violations, and health, safety, and environmental management, including indoor air quality management.  The application must include a health and safety program adopted by the school district board.  The program must include the estimated cost, per building, of the program by fiscal year.  Upon approval through the adoption of a resolution by each of an intermediate district's member school district boards and the approval of the Department of Education, a school district may include its proportionate share of the costs of health and safety projects for an intermediate district in its application.

 

(b) Health and safety projects with an estimated cost of $500,000 or more per site, approved after February 1, 2003, are not eligible for health and safety revenue.  Health and safety projects with an estimated cost of $500,000 or more per site, approved after February 1, 2003, that meet all other requirements for health and safety funding, are eligible for alternative facilities bonding and levy revenue according to section 123B.59.  A school board shall not separate portions of a single project into components to qualify for health and safety revenue, and shall not combine unrelated projects into a single project to qualify for alternative facilities bonding and levy revenue.

 

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

 

Sec. 6.  Minnesota Statutes 2008, section 123B.59, subdivision 2, is amended to read:

 

Subd. 2.  Facility plan.  (a) A district qualifying under subdivision 1, paragraph (a), must have a ten-year facility plan approved by the commissioner that includes an inventory of projects and costs that would be eligible for:

 

(1) health and safety revenue, without restriction as to project size;

 

(2) disabled access levy; and

 

(3) deferred capital expenditures and maintenance projects necessary to prevent further erosion of facilities.

 

(b) A district qualifying under subdivision 1, paragraph (b), must have a five-year plan approved by the commissioner that includes an inventory of projects and costs for health and safety projects with an estimated cost of $500,000 or more per site that would qualify for health and safety revenue except for the project size limitation in section 123B.57, subdivision 1, paragraph (b).  

 

(c) The school district must:

 

(1) annually update the plans;

 

(2) biennially submit a facility maintenance plan; and

 

(3) indicate whether the district will issue bonds to finance the plan or levy for the costs.

 

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


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Sec. 7.  Minnesota Statutes 2008, section 123B.71, subdivision 8, is amended to read:

 

Subd. 8.  Review and comment.  A school district, a special education cooperative, or a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not initiate an installment contract for purchase or a lease agreement, hold a referendum for bonds, nor solicit bids for new construction, expansion, or remodeling of an educational facility that requires an expenditure in excess of $500,000 $1,400,000 per school site prior to review and comment by the commissioner.  The commissioner may exempt a facility maintenance project funded with general education aid and levy, alternative facilities bonding and levy program, or health and safety revenue from this provision after reviewing a written request from a school district describing the scope of work.  A school board shall not separate portions of a single project into components to avoid the requirements of this subdivision.

 

EFFECTIVE DATE.  This section is effective for review and comments requested on or after July 1, 2009.

 

Sec. 8.  Minnesota Statutes 2008, section 123B.76, subdivision 3, is amended to read:

 

Subd. 3.  Expenditures by building.  (a) For the purposes of this section, "building" means education site as defined in section 123B.04, subdivision 1.

 

(b) Each district shall maintain separate accounts to identify general fund expenditures for each building to the extent provided by the uniform financial accounting and reporting standards for school units.  All expenditures for regular instruction, secondary vocational instruction, and school administration must be reported to the department separately for each building.  All expenditures for special education instruction, instructional support services, and pupil support services provided within a specific building must be reported to the department separately for each building.  Salary expenditures reported by building must reflect actual salaries for staff at the building and must not be based on districtwide averages.  All other General fund expenditures not available at the building level through the uniform financial accounting and reporting standards may be reported by building or on a districtwide basis.

 

(c) The department must annually report information showing school district general fund expenditures per pupil by program category for each building and estimated school district general fund revenue generated by pupils attending each building on its Web site.  For purposes of this report:

 

(1) expenditures not reported by building shall be allocated among buildings on a uniform per pupil basis;

 

(2) basic skills revenue shall be allocated according to section 126C.10, subdivision 4;

 

(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated according to section 126C.10, subdivisions 7 and 8;

 

(4) alternative teacher compensation revenue shall be allocated according to section 122A.415, subdivision 1;

 

(5) other general education revenue shall be allocated on a uniform per pupil unit basis;

 

(6) first grade preparedness aid shall be allocated according to section 124D.081;

 

(7) state and federal special education aid and Title I aid shall be allocated in proportion to district expenditures for these programs by building; and

 

(8) other general fund revenues shall be allocated on a uniform per pupil basis, except that the department may allocate other revenues attributable to specific buildings directly to those buildings.

 

EFFECTIVE DATE.  This section is effective for fiscal years 2010 and later.


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Sec. 9.  Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:

 

Subd. 5.  Pupil enrollment.  (a) Any eligible pupil may apply to enroll in an eligible program.  Approval of the resident district is not required for:

 

(1) an eligible pupil to enroll in any eligible program in a nonresident district under subdivision 3 or 4 or an area learning center established under section 123A.05; or 

 

(2) an eligible pupil under subdivision 2, to enroll in an adult basic education program approved under section 124D.52. 

 

(b) Notwithstanding paragraph (a), a nonresident district must first approve the enrollment application of any eligible pupil who was expelled under section 121A.45 for a reason stated in section 124D.03, subdivision 1, paragraph (b).

 

EFFECTIVE DATE.  This section is effective for the 2009-2010 school year and later.

 

Sec. 10.  Minnesota Statutes 2008, section 126C.44, is amended to read:

 

126C.44 SAFE SCHOOLS LEVY. 

 

(a) Each district may make a levy on all taxable property located within the district for the purposes specified in this section.  The maximum amount which may be levied for all costs under this section shall be equal to $30 multiplied by the district's adjusted marginal cost pupil units for the school year.  The proceeds of the levy must be reserved and used for directly funding the following purposes or for reimbursing the cities and counties who contract with the district for the following purposes: (1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in services in the district's schools; (2) to pay the costs for a drug abuse prevention program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3) to pay the costs for a gang resistance education training curriculum in the district's schools; (4) to pay the costs for security in the district's schools and on school property; (5) to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary opt-in suicide prevention tools, and violence prevention measures taken by the school district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed school social workers, licensed school psychologists, and licensed alcohol and chemical dependency counselors to help provide early responses to problems.  For expenditures under clause (1), the district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services.  If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries.

 

(b) A school district that is a member of an intermediate school district may include in its authority under this section the costs associated with safe schools activities authorized under paragraph (a) for intermediate school district programs.  This authority must not exceed $10 times the adjusted marginal cost pupil units of the member districts.  This authority is in addition to any other authority authorized under this section.  Revenue raised under this paragraph must be transferred to the intermediate school district.

 

(c) A school district must set aside at least $3 per adjusted marginal cost pupil unit of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause (6).  The district must annually certify either that: (1) its total spending on services provided by the employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures for these purposes, excluding amounts spent under this section, in the previous year plus the amount spent under this section; or (2) that the district's full-time equivalent number of employees listed in paragraph (a), clause (6), is not less than the number for the previous year.

 

EFFECTIVE DATE.  This section is effective for revenue for fiscal years 2010 and later.


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Sec. 11.  Minnesota Statutes 2008, section 275.065, subdivision 3, is amended to read:

 

Subd. 3.  Notice of proposed property taxes.  (a) The county auditor shall prepare and the county treasurer shall deliver after November 10 and on or before November 24 each year, by first class mail to each taxpayer at the address listed on the county's current year's assessment roll, a notice of proposed property taxes.  Upon written request by the taxpayer, the treasurer may send the notice in electronic form or by electronic mail instead of on paper or by ordinary mail.

 

(b) The commissioner of revenue shall prescribe the form of the notice.

 

(c) The notice must inform taxpayers that it contains the amount of property taxes each taxing authority proposes to collect for taxes payable the following year.  In the case of a town, or in the case of the state general tax, the final tax amount will be its proposed tax.  In the case of taxing authorities required to hold a public meeting under subdivision 6, the notice must clearly state that each taxing authority, including regional library districts established under section 134.201, and including the metropolitan taxing districts as defined in paragraph (i), but excluding all other special taxing districts and towns, will hold a public meeting to receive public testimony on the proposed budget and proposed or final property tax levy, or, in case of a school district, on the current budget and proposed property tax levy.  The notice must clearly state for each city, county, school district, regional library authority established under section 134.201, and metropolitan taxing districts as defined in paragraph (i), the time and place of the taxing authority's regularly scheduled meetings in which the budget and levy will be discussed and the final budget and levy determined.  The taxing authorities must provide the county auditor with the information to be included in the notice.  It must clearly state the time and place of each taxing authority's meeting, provide a telephone number for the taxing authority that taxpayers may call if they have questions related to the notice, and an address where comments will be received by mail.

 

(d) The notice must state for each parcel:

 

(1) the market value of the property as determined under section 273.11, and used for computing property taxes payable in the following year and for taxes payable in the current year as each appears in the records of the county assessor on November 1 of the current year; and, in the case of residential property, whether the property is classified as homestead or nonhomestead.  The notice must clearly inform taxpayers of the years to which the market values apply and that the values are final values;

 

(2) the items listed below, shown separately by county, city or town, and state general tax, net of the residential and agricultural homestead credit under section 273.1384, voter approved school levy, other local school levy, and the sum of the special taxing districts, and as a total of all taxing authorities:

 

(i) the actual tax for taxes payable in the current year; and

 

(ii) the proposed tax amount.

 

If the county levy under clause (2) includes an amount for a lake improvement district as defined under sections 103B.501 to 103B.581, the amount attributable for that purpose must be separately stated from the remaining county levy amount.

 

In the case of a town or the state general tax, the final tax shall also be its proposed tax unless the town changes its levy at a special town meeting under section 365.52.  If a school district has certified under section 126C.17, subdivision 9, that a referendum will be held in the school district at the November general election, the county auditor must note next to the school district's proposed amount that a referendum is pending and that, if approved by the voters, the tax amount may be higher than shown on the notice.  In the case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed separately from the remaining amount of the city's levy.  In the


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case of the city of St. Paul, the levy for the St. Paul Library Agency must be listed separately from the remaining amount of the city's levy.  In the case of Ramsey County, any amount levied under section 134.07 may be listed separately from the remaining amount of the county's levy.  In the case of a parcel where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F applies, the proposed tax levy on the captured value or the proposed tax levy on the tax capacity subject to the areawide tax must each be stated separately and not included in the sum of the special taxing districts; and

 

(3) the increase or decrease between the total taxes payable in the current year and the total proposed taxes, expressed as a percentage.

 

For purposes of this section, the amount of the tax on homesteads qualifying under the senior citizens' property tax deferral program under chapter 290B is the total amount of property tax before subtraction of the deferred property tax amount.

 

(e) The notice must clearly state that the proposed or final taxes do not include the following:

 

(1) special assessments;

 

(2) levies approved by the voters after the date the proposed taxes are certified, including bond referenda and school district levy referenda;

 

(3) a levy limit increase approved by the voters by the first Tuesday after the first Monday in November of the levy year as provided under section 275.73;

 

(4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring after the date the proposed taxes are certified;

 

(5) amounts necessary to pay tort judgments against the taxing authority that become final after the date the proposed taxes are certified; and

 

(6) the contamination tax imposed on properties which received market value reductions for contamination.

 

(f) Except as provided in subdivision 7, failure of the county auditor to prepare or the county treasurer to deliver the notice as required in this section does not invalidate the proposed or final tax levy or the taxes payable pursuant to the tax levy.

 

(g) If the notice the taxpayer receives under this section lists the property as nonhomestead, and satisfactory documentation is provided to the county assessor by the applicable deadline, and the property qualifies for the homestead classification in that assessment year, the assessor shall reclassify the property to homestead for taxes payable in the following year.

 

(h) In the case of class 4 residential property used as a residence for lease or rental periods of 30 days or more, the taxpayer must either:

 

(1) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter, or lessee; or

 

(2) post a copy of the notice in a conspicuous place on the premises of the property.

 

The notice must be mailed or posted by the taxpayer by November 27 or within three days of receipt of the notice, whichever is later.  A taxpayer may notify the county treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to which the notice must be mailed in order to fulfill the requirements of this paragraph.


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(i) For purposes of this subdivision, subdivisions and subdivision 5a and 6, "metropolitan special taxing districts" means the following taxing districts in the seven-county metropolitan area that levy a property tax for any of the specified purposes listed below:

 

(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834;

 

(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672; and

 

(3) Metropolitan Mosquito Control Commission under section 473.711.

 

For purposes of this section, any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be included with the appropriate county's levy and shall be discussed at that county's public hearing.

 

(j) The governing body of a county, city, or school district may, with the consent of the county board, include supplemental information with the statement of proposed property taxes about the impact of state aid increases or decreases on property tax increases or decreases and on the level of services provided in the affected jurisdiction.  This supplemental information may include information for the following year, the current year, and for as many consecutive preceding years as deemed appropriate by the governing body of the county, city, or school district.  It may include only information regarding:

 

(1) the impact of inflation as measured by the implicit price deflator for state and local government purchases;

 

(2) population growth and decline;

 

(3) state or federal government action; and

 

(4) other financial factors that affect the level of property taxation and local services that the governing body of the county, city, or school district may deem appropriate to include.

 

The information may be presented using tables, written narrative, and graphic representations and may contain instruction toward further sources of information or opportunity for comment.

 

EFFECTIVE DATE.  This section is effective for taxes payable in 2010 and thereafter.

 

Sec. 12.  Minnesota Statutes 2008, section 275.065, subdivision 6, is amended to read:

 

Subd. 6.  Public hearing; Adoption of budget and levy.  (a) For purposes of this section, the following terms shall have the meanings given:

 

(1) "Initial hearing" means the first and primary hearing held to discuss the taxing authority's proposed budget and proposed property tax levy for taxes payable in the following year, or, for school districts, the current budget and the proposed property tax levy for taxes payable in the following year.

 

(2) "Continuation hearing" means a hearing held to complete the initial hearing, if the initial hearing is not completed on its scheduled date.

 

(3) "Subsequent hearing" means the hearing held to adopt the taxing authority's final property tax levy, and, in the case of taxing authorities other than school districts, the final budget, for taxes payable in the following year.


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(b) Between November 29 and December 20, the governing bodies of a city that has a population over 500, county, metropolitan special taxing districts as defined in subdivision 3, paragraph (i), and regional library districts shall each hold an initial public hearing to discuss and seek public comment on its final budget and property tax levy for taxes payable in the following year, and the governing body of the school district shall hold an initial public hearing to review its current budget and proposed property tax levy for taxes payable in the following year.  The metropolitan special taxing districts shall be required to hold only a single joint initial public hearing, the location of which will be determined by the affected metropolitan agencies.  A city, county, metropolitan special taxing district as defined in subdivision 3, paragraph (i), regional library district established under section 134.201, or school district is not required to hold a public hearing under this subdivision unless its proposed property tax levy for taxes payable in the following year, as certified under subdivision 1, has increased over its final property tax levy for taxes payable in the current year by a percentage that is greater than the percentage increase in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysts of the United States Department of Commerce for the 12-month period ending March 31 of the current year.

 

(c) The initial hearing must be held after 5:00 p.m. if scheduled on a day other than Saturday.  No initial hearing may be held on a Sunday.

 

(d) At the initial hearing under this subdivision, the percentage increase in property taxes proposed by the taxing authority, if any, and the specific purposes for which property tax revenues are being increased must be discussed.  During the discussion, the governing body shall hear comments regarding a proposed increase and explain the reasons for the proposed increase.  The public shall be allowed to speak and to ask questions.  At the public hearing, the school district must also provide and discuss information on the distribution of its revenues by revenue source, and the distribution of its spending by program area.

 

(e) If the initial hearing is not completed on its scheduled date, the taxing authority must announce, prior to adjournment of the hearing, the date, time, and place for the continuation of the hearing.  The continuation hearing must be held at least five business days but no more than 14 business days after the initial hearing.  A continuation hearing may not be held later than December 20 except as provided in paragraphs (f) and (g).  A continuation hearing must be held after 5:00 p.m. if scheduled on a day other than Saturday.  No continuation hearing may be held on a Sunday.

 

(f) The governing body of a county shall hold its initial hearing on the first Thursday in December each year, and may hold additional initial hearings on other dates before December 20 if necessary for the convenience of county residents.  If the county needs a continuation of its hearing, the continuation hearing shall be held on the third Tuesday in December.  If the third Tuesday in December falls on December 21, the county's continuation hearing shall be held on Monday, December 20.

 

(g) The metropolitan special taxing districts shall hold a joint initial public hearing on the first Wednesday of December.  A continuation hearing, if necessary, shall be held on the second Wednesday of December even if that second Wednesday is after December 10.

 

(h) The county auditor shall provide for the coordination of initial and continuation hearing dates for all school districts and cities within the county to prevent conflicts under clauses (i) and (j).

 

(i) By August 10, each school board and the board of the regional library district shall certify to the county auditors of the counties in which the school district or regional library district is located the dates on which it elects to hold its initial hearing and any continuation hearing.  If a school board or regional library district does not certify these dates by August 10, the auditor will assign the initial and continuation hearing dates.  The dates elected or assigned must not conflict with the initial and continuation hearing dates of the county or the metropolitan special taxing districts.


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(j) By August 20, the county auditor shall notify the clerks of the cities within the county of the dates on which school districts and regional library districts have elected to hold their initial and continuation hearings.  At the time a city certifies its proposed levy under subdivision 1 it shall certify the dates on which it elects to hold its initial hearing and any continuation hearing.  Until September 15, the first and second Mondays of December are reserved for the use of the cities.  If a city does not certify its hearing dates by September 15, the auditor shall assign the initial and continuation hearing dates.  The dates elected or assigned for the initial hearing must not conflict with the initial hearing dates of the county, metropolitan special taxing districts, regional library districts, or school districts within which the city is located.  To the extent possible, the dates of the city's continuation hearing should not conflict with the continuation hearing dates of the county, metropolitan special taxing districts, regional library districts, or school districts within which the city is located.  This paragraph does not apply to cities of 500 population or less.

 

(k) The county initial hearing date and the city, metropolitan special taxing district, regional library district, and school district initial hearing dates must be designated on the notices required under subdivision 3.  The continuation hearing dates need not be stated on the notices.

 

(l) At a subsequent hearing, each county, school district, city over 500 population, and metropolitan special taxing district may amend its proposed property tax levy and must adopt a final property tax levy.  Each county, city over 500 population, and metropolitan special taxing district may also amend its proposed budget and must adopt a final budget at the subsequent hearing.  The final property tax levy must be adopted prior to adopting the final budget.  A school district is not required to adopt its final budget at the subsequent hearing.  The subsequent hearing of a taxing authority must be held on a date subsequent to the date of the taxing authority's initial public hearing.  If a continuation hearing is held, the subsequent hearing must be held either immediately following the continuation hearing or on a date subsequent to the continuation hearing.  The subsequent hearing may be held at a regularly scheduled board or council meeting or at a special meeting scheduled for the purposes of the subsequent hearing.  The subsequent hearing of a taxing authority does not have to be coordinated by the county auditor to prevent a conflict with an initial hearing, a continuation hearing, or a subsequent hearing of any other taxing authority.  All subsequent hearings must be held prior to five working days after December 20 of the levy year.  The date, time, and place of the subsequent hearing must be announced at the initial public hearing or at the continuation hearing.

 

(m) (a) The property tax levy certified under section 275.07 by a city of any population, county, metropolitan special taxing district, regional library district, or school district must not exceed the proposed levy determined under subdivision 1, except by an amount up to the sum of the following amounts:

 

(1) the amount of a school district levy whose voters approved a referendum to increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after the proposed levy was certified;

 

(2) the amount of a city or county levy approved by the voters after the proposed levy was certified;

 

(3) the amount of a levy to pay principal and interest on bonds approved by the voters under section 475.58 after the proposed levy was certified;

 

(4) the amount of a levy to pay costs due to a natural disaster occurring after the proposed levy was certified, if that amount is approved by the commissioner of revenue under subdivision 6a;

 

(5) the amount of a levy to pay tort judgments against a taxing authority that become final after the proposed levy was certified, if the amount is approved by the commissioner of revenue under subdivision 6a;

 

(6) the amount of an increase in levy limits certified to the taxing authority by the commissioner of education or the commissioner of revenue after the proposed levy was certified; and


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(7) the amount required under section 126C.55.

 

(n) (b) This subdivision does not apply to towns and special taxing districts other than regional library districts and metropolitan special taxing districts.

 

(o) (c) Notwithstanding the requirements of this section, the employer is required to meet and negotiate over employee compensation as provided for in chapter 179A.

 

EFFECTIVE DATE.  This section is effective for taxes payable in 2010 and thereafter.

 

Sec. 13.  Laws 2008, chapter 363, article 2, section 46, subdivision 1, is amended to read:

 

Subdivision 1.  Capital account transfers.  Notwithstanding any law to the contrary, on June 30, of 2008, 2009, and 2010, a school district may transfer money from its reserved for operating capital account to its undesignated balance in the general fund.  The amount transferred by any school district must not exceed $51 times the district's adjusted marginal cost pupil units for the second preceding fiscal year 2007.  This transfer annually may occur only after the school board has adopted a written resolution stating the amount of the transfer and declaring that the school district's operating capital needs are being met.

 

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

 

Page 2, line 26, before "Minnesota" insert "(a)"

 

Page 2, after line 26, insert:

 

"(b) Minnesota Statutes 2008, section 275.065, subdivisions 5a, 6b, 6c, 8, 9, and 10, are repealed."

 

Page 2, line 27, after the first period, insert "Paragraph (a) of" and before the second period, insert "and paragraph (b) of this section is effective for taxes payable in 2010 and thereafter"

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1038, A bill for an act relating to utilities; authorizing Public Utilities Commission to order refunds of unlawful utility rate revenues; amending Minnesota Statutes 2008, sections 216B.23, by adding a subdivision; 237.081, by adding a subdivision; 237.74, by adding a subdivision.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 216B.23, is amended by adding a subdivision to read:

 

Subd. 1a.  Authority to issue refund.  On determining that a public utility has charged a rate in violation of this chapter, a commission rule, or a commission order, the commission, after conducting a proceeding, may require the public utility to refund to its customers, in a manner approved by the commission, any revenues the commission finds were collected as a result of the unlawful conduct.  Any refund authorized by this section is permitted in addition to any remedies authorized by section 216B.16 or any other law governing rates.  Exercising authority under this section does not preclude the commission from pursuing penalties under sections 216B.57 to 216B.61 for the same conduct.

 

Nothing in this section shall be construed as allowing retroactive ratemaking.  In addition, nothing in this section shall be construed to allow refunds based on claims that prior or current approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory, insufficient, inequitable, or inconsistent in application to a class of customers.  Moreover, nothing in this section shall be construed to allow refunds based on claims that approved rates have not encouraged energy conservation or renewable energy use, or have not furthered the goals of section 216B.164, 216B.241, or 216C.05.  A refund under this paragraph shall not apply to revenues collected more than six years prior to the date of the notice of the commission proceeding required under this subdivision.

 

Sec. 2.  Minnesota Statutes 2008, section 237.081, is amended by adding a subdivision to read:

 

Subd. 4a.  Authority to issue refund.  On determining that a telephone company has charged a rate or price in violation of this chapter, a commission rule, or a commission order, the commission, after conducting a proceeding, may require the telephone company to refund to its subscribers, in a manner approved by the commission, any revenues the commission finds were collected as a result of the unlawful conduct.  Any refund authorized by this section is permitted in addition to any remedies authorized by any other law governing rates.  Exercising authority under this section does not preclude the commission from pursuing penalties under section 237.46 or 237.461 for the same conduct.

 

Nothing in this section shall be construed as allowing retroactive ratemaking.  In addition, nothing in this section shall be construed to allow refunds based on claims that prior or current approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory, insufficient, inequitable, or inconsistent in their application.  A refund under this paragraph shall not apply to revenues collected more than six years prior to the date of the notice of the commission proceeding required under this subdivision.

 

Sec. 3.  Minnesota Statutes 2008, section 237.74, is amended by adding a subdivision to read:

 

Subd. 11a.  Authority to issue refund.  On determining that a telecommunications carrier has charged a rate or price in violation of this chapter, a commission rule, or a commission order, the commission, after conducting a proceeding, may require the telecommunications carrier to refund to its subscribers, in a manner approved by the commission, any revenues the commission finds were collected as a result of the unlawful conduct.  Any refund authorized by this section is permitted in addition to any remedies authorized by any other law governing rates.  Exercising authority under this section does not preclude the commission from pursuing penalties under section 237.46 or 237.461 for the same conduct.


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Nothing in this section shall be construed as allowing retroactive ratemaking.  In addition, nothing in this section shall be construed to allow refunds based on claims that prior or current approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory, insufficient, inequitable, or inconsistent in their application.  A refund under this paragraph shall not apply to revenues collected more than six years prior to the date of the notice of the commission proceeding required under this subdivision."

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 602, 603, 729 and 789 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 496 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Hilstrom introduced:

 

      H. F. No. 1405, A bill for an act relating to taxation; disclosure of tax data to law enforcement authorities; amending Minnesota Statutes 2008, section 270B.14, subdivision 16.

 

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

 

 

      Dill, Atkins, Zellers, Brown, Davids, Anzelc, Howes, Hackbarth and Doty introduced:

 

      H. F. No. 1406, A bill for an act relating to taxes; modifying provisions relating to lawful gambling taxes; amending Minnesota Statutes 2008, sections 297E.01, subdivisions 7, 8; 297E.02, subdivisions 1, 2, 3, 7, 10; 297E.13, subdivision 5; 349.12, subdivision 25; 349.166, subdivision 2; 349.19, subdivision 2; repealing Minnesota Statutes 2008, sections 297E.02, subdivisions 4, 6, 11; 349.15, subdivision 3; 349.19, subdivision 2a.

 

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


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      Hackbarth introduced:

 

      H. F. No. 1407, A bill for an act proposing an amendment to the Minnesota Constitution, article I; providing that the right of citizens to keep, bear, and use arms for certain purposes is fundamental and shall not be infringed.

 

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

 

 

      Eken, Koenen, Olin, Murdock, Nornes and Sailer introduced:

 

      H. F. No. 1408, A bill for an act relating to energy; creating small power producer grant program; appropriating money.

 

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

 

 

      Loon introduced:

 

      H. F. No. 1409, A bill for an act relating to retirement; permitting a certain Hennepin County employee to apply for disability by waiving minimum service requirements.

 

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

 

 

      Thissen and Olin introduced:

 

      H. F. No. 1410, A bill for an act relating to civil actions; providing a factor for determining the amount of attorney fees awarded in certain actions; proposing coding for new law in Minnesota Statutes, chapter 549.

 

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

 

 

      Downey and Nornes introduced:

 

      H. F. No. 1411, A bill for an act relating to early childhood education; funding various early, community, and adult education programs; appropriating money.

 

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

 

 

      Cornish introduced:

 

      H. F. No. 1412, A bill for an act relating to capital improvements; appropriating money for wastewater treatment infrastructure in Waldorf; authorizing the sale and issuance of state bonds.

 

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


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      Dettmer; Newton; Drazkowski; Urdahl; Zellers; Eastlund; Sanders; Anderson, B.; Shimanski; Howes and Holberg introduced:

 

      H. F. No. 1413, A bill for an act relating to higher education; setting conditions on certain athletic scholarships; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

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

 

 

      Bigham, Seifert, Norton, Mahoney and Morrow introduced:

 

      H. F. No. 1414, A bill for an act relating to higher education; changing eligibility for the state grant program; amending Minnesota Statutes 2008, section 136A.101, subdivision 4.

 

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

 

 

      Downey, Kahn, Seifert, Kiffmeyer, Brod, Mack and Emmer introduced:

 

      H. F. No. 1415, A bill for an act relating to state government; requiring public value impact statements for certain legislation; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

      Atkins, Howes and Smith introduced:

 

      H. F. No. 1416, A bill for an act relating to taxation; property; reducing class rate on certain recreational property; amending Minnesota Statutes 2008, section 273.13, subdivision 25.

 

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

 

 

      Loon; Brod; Zellers; Rosenthal; Garofalo; Sanders; Anderson, S.; Downey; Urdahl; Kohls; Scott; Lanning; Kiffmeyer and Abeler introduced:

 

      H. F. No. 1417, A bill for an act relating to taxation; individual income; allowing a subtraction for health insurance premiums; amending Minnesota Statutes 2008, section 290.01, subdivision 19b.

 

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

 

 

      Nelson, Lillie, Hilstrom, Rukavina and Howes introduced:

 

      H. F. No. 1418, A bill for an act relating to occupations and professions; regulating the practice of plumbing; amending Minnesota Statutes 2008, section 326B.435, subdivision 2.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 712

      Hilstrom, Howes, Fritz and Davnie introduced:

 

      H. F. No. 1419, A bill for an act relating to labor and industry; requiring certain qualifications for plumbing inspectors; amending Minnesota Statutes 2008, section 326B.43, by adding a subdivision.

 

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

 

 

      Nornes introduced:

 

      H. F. No. 1420, A bill for an act relating to horse racing; allowing racetracks outside of the seven-county metropolitan area; allowing these racetracks to operate card clubs; amending Minnesota Statutes 2008, sections 240.05, subdivision 1; 240.10; 240.13, subdivisions 1, 5; 240.30, subdivisions 1, 5, 6, 10; proposing coding for new law in Minnesota Statutes, chapter 240.

 

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

 

 

      Scott, Newton, Urdahl and Anderson, S., introduced:

 

      H. F. No. 1421, A bill for an act relating to traffic regulations; amending provisions related to speed limits; amending Minnesota Statutes 2008, sections 169.011, subdivisions 64, 90, by adding a subdivision; 169.14, subdivision 2.

 

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

 

 

      Bigham, Hilstrom, Paymar and Zellers introduced:

 

      H. F. No. 1422, A bill for an act relating to public safety; changing the Financial Crimes Oversight Council to an advisory board; amending Minnesota Statutes 2008, section 299A.681.

 

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

 

 

      Winkler and Bigham introduced:

 

      H. F. No. 1423, A bill for an act relating to state government; requiring municipalities to utilize state cooperative purchasing; amending Minnesota Statutes 2008, section 471.345, subdivision 15.

 

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

 

 

      Murphy, E.; Thissen; Norton; Kelliher; Clark; Abeler; Ruud; Loeffler; Davnie; Wagenius; Hornstein; Brynaert; Champion; Knuth; Huntley; Hausman; Anzelc; Hayden and Laine introduced:

 

      H. F. No. 1424, A bill for an act relating to public health; creating a public health improvement account; modifying provisions of the statewide health improvement program; establishing a program to provide funding for health impact assessments; appropriating money; amending Minnesota Statutes 2008, section 145.986, subdivisions 1, 5; proposing coding for new law in Minnesota Statutes, chapters 16A; 145.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 713

      Sailer; Brynaert; Anderson, P.; Persell and Kalin introduced:

 

      H. F. No. 1425, A bill for an act relating to energy; modifying renewable energy standard technology options for certain public utilities; amending Minnesota Statutes 2008, section 216B.1691, subdivision 2a.

 

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

 

 

      Hilty introduced:

 

      H. F. No. 1426, A bill for an act relating to taxation; establishing a fire and ambulance special taxing district.

 

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

 

 

      Lanning, Marquart and Lieder introduced:

 

      H. F. No. 1427, A bill for an act relating to taxation; increasing border city enterprise allocations; amending Minnesota Statutes 2008, section 469.169, by adding a subdivision.

 

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

 

 

      Eastlund; Drazkowski; Dettmer; Kiffmeyer; Otremba; Severson; Anderson, B., and Shimanski introduced:

 

      H. F. No. 1428, A bill for an act relating to marriage; modifying the grounds for marriage dissolution; requiring two-year waiting period in certain instances; amending Minnesota Statutes 2008, section 518.06, by adding a subdivision.

 

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

 

 

      Eastlund; Gottwalt; Dettmer; Anderson, B.; Kiffmeyer and Severson introduced:

 

      H. F. No. 1429, A bill for an act relating to counties and cities; permitting county boards to decrease their compensation at any time; modifying the limitations on salary changes for city council members; amending Minnesota Statutes 2008, sections 375.055, subdivision 1; 383B.021; 415.11, by adding a subdivision.

 

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

 

 

      Peterson; Slawik; Kalin; Rosenthal; Murphy, E.; Laine and Liebling introduced:

 

      H. F. No. 1430, A bill for an act relating to early childhood education; appropriating money.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 714

      Hortman, Tillberry, Loeffler, Dittrich and Hornstein introduced:

 

      H. F. No. 1431, A bill for an act relating to taxation; tax increment financing; transit improvement areas; amending Minnesota Statutes 2008, sections 469.174, subdivision 12; 469.176, subdivision 4c; 469.1763, subdivision 2.

 

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

 

 

      Rosenthal, Clark, Abeler, Benson and Slawik introduced:

 

      H. F. No. 1432, A bill for an act relating to human services; modifying provisions related to children aging out of foster care; modifying the Runaway and Homeless Youth Act; appropriating money; amending Minnesota Statutes 2008, sections 256B.055, by adding a subdivision; 256K.45, subdivision 6; 260C.331, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 260C; repealing Laws 2007, chapter 147, article 2, section 60.

 

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

 

 

      Simon, Atkins and Zellers introduced:

 

      H. F. No. 1433, A bill for an act relating to insurance; regulating workers' compensation self-insurance group security requirements; providing exceptions; amending Minnesota Statutes 2008, sections 79A.04, subdivision 1, by adding a subdivision; 79A.24, subdivision 1, by adding a subdivision.

 

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

 

 

      Johnson; Hilty; Kalin; Murphy, E.; Thao; Hausman; Beard and Lesch introduced:

 

      H. F. No. 1434, A bill for an act relating to utilities; creating mass transit zone for utility reinvestment and cost recovery; amending Minnesota Statutes 2008, section 216B.16, by adding a subdivision.

 

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

 

 

      Knuth introduced:

 

      H. F. No. 1435, A bill for an act relating to transportation; modifying requirements for noise abatement on highway construction projects; amending Minnesota Statutes 2008, section 161.125, by adding a subdivision.

 

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

 

 

      Slocum, Hausman and Howes introduced:

 

      H. F. No. 1436, A bill for an act relating to finance; authorizing predesign of improvements to the historic Fort Snelling Museum and Visitor Center; amending Laws 2006, chapter 258, section 23, subdivision 3, as amended.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 715

      Seifert introduced:

 

      H. F. No. 1437, A resolution memorializing the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States and affirming Minnesota's sovereignty under the Tenth Amendment to the Constitution of the United States.

 

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

 

 

      Hausman introduced:

 

      H. F. No. 1438, A bill for an act relating to transit; centralizing purchasing of transit vehicles and supplies, and other activities related to transit; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

      Juhnke introduced:

 

      H. F. No. 1439, A bill for an act relating to commerce; providing for the registration and regulation of appraisal management companies; proposing coding for new law as Minnesota Statutes, chapter 82C.

 

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

 

 

      McNamara introduced:

 

      H. F. No. 1440, A bill for an act relating to natural resources; defining financial assurance required for nonferrous metallic mineral mining; requiring rulemaking; amending Minnesota Statutes 2008, sections 93.481, subdivisions 1, 7, by adding a subdivision; 93.49; proposing coding for new law in Minnesota Statutes, chapter 93.

 

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

 

 

      Brynaert; Mariani; Greiling; Kath; Morrow; Slocum; Benson; Bly; Ward; Hornstein; Winkler; Murphy, E.; Davnie; Dittrich and Swails introduced:

 

      H. F. No. 1441, A bill for an act relating to education; establishing state measures of students' achievement growth; amending Minnesota Statutes 2008, sections 120B.30; 120B.31; 120B.35; 120B.36; proposing coding for new law in Minnesota Statutes, chapter 120B; repealing Minnesota Statutes 2008, section 120B.362.

 

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

 

 

      Olin introduced:

 

      H. F. No. 1442, A bill for an act relating to crime; modifying crime of fleeing a peace officer; amending Minnesota Statutes 2008, section 609.487, subdivisions 1, 3, 4, 5; repealing Minnesota Statutes 2008, section 609.487, subdivision 6.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 716

      Hornstein, Brod, Ruud, Ward and Lieder introduced:

 

      H. F. No. 1443, A bill for an act relating to taxation; creating a teleworking credit; providing a sales tax exemption for telework expenses; amending Minnesota Statutes 2008, section 297A.67, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

      Koenen, Brod, Ward and Lieder introduced:

 

      H. F. No. 1444, A bill for an act relating to taxation; expanding education subtraction and credit to broadband subscription expenses; providing a sales tax exemption for education-related broadband subscriptions; amending Minnesota Statutes 2008, sections 290.01, subdivision 19b; 290.0674, subdivision 1; 297A.67, subdivision 14.

 

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

 

 

      Knuth, Carlson, Wagenius and Sailer introduced:

 

      H. F. No. 1445, A bill for an act relating to natural resources; establishing a grant program for solar energy projects at regional parks; appropriating money for solar energy projects in metropolitan parks and state parks and recreation areas; amending Minnesota Statutes 2008, section 85.019, by adding a subdivision.

 

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

 

 

      Welti; Faust; Doty; Hosch; Anderson, P.; Magnus; Juhnke; Hamilton; Eken; Brown and Shimanski introduced:

 

      H. F. No. 1446, A bill for an act relating to agriculture finance; appropriating money to the University of Minnesota for agricultural research and extension; requiring report.

 

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

 

 

      Otremba and Koenen introduced:

 

      H. F. No. 1447, A bill for an act relating to higher education; establishing a veterinarian education loan forgiveness program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 1448, A bill for an act relating to civil law; releasing information to health care agents; providing access to health care agents; amending Minnesota Statutes 2008, sections 13.384, subdivisions 2, 3; 144.225, subdivision 7; 144.419, subdivision 5; 169.09, subdivision 13; 246.70; 253B.10, subdivision 3; 253B.14; 253B.16, subdivision 2; 256B.48, subdivision 8.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 717

      Lesch introduced:

 

      H. F. No. 1449, A bill for an act relating to public safety; classifying criminal intelligence data under the Data Practices Act; proposing coding for new law in Minnesota Statutes, chapter 13.

 

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

 

 

      Hilstrom introduced:

 

      H. F. No. 1450, A bill for an act relating to civil commitment; clarifying civil commitment venue; amending Minnesota Statutes 2008, sections 253B.02, by adding a subdivision; 253B.045, subdivision 2; 253B.05, subdivision 3; 253B.064, subdivision 1; 253B.07, subdivisions 1, 2, 2d; 253B.10, subdivision 3; 253B.185, subdivision 1; 253B.20, subdivision 4; 253B.23, subdivision 1, by adding a subdivision.

 

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

 

 

      Eastlund; Shimanski; Dettmer; Anderson, B.; Emmer; Drazkowski; Gottwalt; Kiffmeyer; Buesgens; Gunther and Severson introduced:

 

      H. F. No. 1451, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article XI; establishing budget reserve, setting amount of reserve, and providing for full funding of reserve.

 

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

 

 

      Liebling and Norton introduced:

 

      H. F. No. 1452, A bill for an act relating to taxation; sales tax; exempting pollution control machinery and equipment providing energy to health care facilities; amending Minnesota Statutes 2008, sections 297A.68, by adding a subdivision; 297A.75, subdivisions 1, 2, 3.

 

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

 

 

      Faust introduced:

 

      H. F. No. 1453, A bill for an act relating to taxation; tax increment financing; Pine County; amending Minnesota Statutes 2008, section 469.174, subdivision 22.

 

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

 

 

      Huntley introduced:

 

      H. F. No. 1454, A bill for an act relating to health; requiring commissioner of health to develop a uniform formulary exception document; amending Minnesota Statutes 2008, section 62J.497, by adding a subdivision.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 718

      Murphy, M.; Reinert; Dill and Huntley introduced:

 

      H. F. No. 1455, A bill for an act relating to capital improvements; appropriating money for an airliner maintenance, repair, and operations (MRO) facility in Duluth; authorizing the sale and issuance of state bonds.

 

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

 

 

      Eken and Sailer introduced:

 

      H. F. No. 1456, A bill for an act relating to energy; prohibiting discrimination by delivered fuel vendors against customers receiving fuel assistance; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

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

 

 

      Johnson, Olin and Dettmer introduced:

 

      H. F. No. 1457, A bill for an act relating to public safety; eliminating various unfunded mandates affecting local governmental units; amending Minnesota Statutes 2008, sections 245C.05, subdivision 7; 260B.171, subdivision 3; 609.115, subdivision 1.

 

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

 

 

      Johnson introduced:

 

      H. F. No. 1458, A bill for an act relating to public safety; appropriating money for the Juvenile Delinquent Alternatives Initiative in Ramsey County.

 

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

 

 

      Johnson introduced:

 

      H. F. No. 1459, A bill for an act relating to public safety; establishing a swift and certain sanctions act for persons on supervised release; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

      Johnson introduced:

 

      H. F. No. 1460, A bill for an act relating to public safety; establishing an earned compliance credit program for persons on supervised release; providing for rulemaking; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 719

      Lesch introduced:

 

      H. F. No. 1461, A bill for an act relating to public safety; providing training and public awareness initiatives on human trafficking; amending Minnesota Statutes 2008, section 299A.79, subdivisions 2, 3, 4.

 

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

 

 

      Jackson, Slawik and Smith introduced:

 

      H. F. No. 1462, A bill for an act relating to family law; enacting the Family Reunification Act of 2009; changing certain child placement procedures; amending Minnesota Statutes 2008, sections 260C.201, subdivision 11; 260C.328; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

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

 

 

      Davnie introduced:

 

      H. F. No. 1463, A bill for an act relating to the secretary of state; regulating various filings and fees; defining certain terms; amending Minnesota Statutes 2008, sections 5.12, subdivision 1; 5.29; 5.32; 270C.63, subdivision 13; 302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions 1, 2; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055; 336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 5.

 

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

 

 

      Nelson, Lieder, Urdahl, Abeler, Hausman, Juhnke, Carlson, Solberg, Masin, Davnie, Hornstein and Hilstrom introduced:

 

      H. F. No. 1464, A bill for an act relating to railroads; modifying membership on Commuter Rail Corridor Coordinating Committee; amending Minnesota Statutes 2008, section 174.86, subdivision 5.

 

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

 

 

      Nelson, Urdahl, Lieder, Abeler, Hausman, Juhnke, Carlson, Solberg, Hornstein, Smith, Davnie and Hilstrom introduced:

 

      H. F. No. 1465, A bill for an act relating to railroads; modifying requirements for railway walkways; amending Minnesota Statutes 2008, section 219.501, subdivision 1.

 

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

 

 

      Nelson, Urdahl, Lieder, Abeler, Hausman, Juhnke, Carlson, Solberg, Hornstein, Smith, Davnie and Hilstrom introduced:

 

      H. F. No. 1466, A bill for an act relating to railroads; requiring lighting in switching yards; proposing coding for new law in Minnesota Statutes, chapter 219.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 720

      Nelson, Urdahl, Lieder, Abeler, Hausman, Juhnke, Carlson, Solberg, Hornstein, Seifert, Smith, Beard, Masin, Davnie and Hilstrom introduced:

 

      H. F. No. 1467, A bill for an act relating to railroads; directing commissioner to apply for federal grants for rail safety technology; amending Minnesota Statutes 2008, section 219.01.

 

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

 

 

      Knuth introduced:

 

      H. F. No. 1468, A bill for an act relating to taxation; city of Arden Hills; authorizing creation of a tax increment financing district.

 

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

 

 

      Johnson, Beard, Lesch, Mahoney and Kalin introduced:

 

      H. F. No. 1469, A bill for an act relating to local government; city of St. Paul; appropriating money for demonstration program for commercial and industrial energy efficiency improvements.

 

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

 

 

      Howes introduced:

 

      H. F. No. 1470, A bill for an act relating to capital improvements; appropriating money for a new water treatment facility in the city of Hackensack; authorizing the sale and issuance of state bonds.

 

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

 

 

      Slawik introduced:

 

      H. F. No. 1471, A bill for an act relating to commerce; eliminating the ability of financial institutions to make payday loans; amending Minnesota Statutes 2008, section 47.59, by adding a subdivision; repealing Minnesota Statutes 2008, section 47.60.

 

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

 

 

      Slawik introduced:

 

      H. F. No. 1472, A bill for an act relating to health; clarifying information provided by hospitals to sexual assault victims; amending Minnesota Statutes 2008, section 145.4712, subdivision 1.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 721

      Seifert, Magnus and Koenen introduced:

 

      H. F. No. 1473, A bill for an act relating to finance; authorizing construction of wind energy and ethanol fuel training facilities; amending Laws 2008, chapter 179, section 15, subdivision 5.

 

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

 

 

      Paymar introduced:

 

      H. F. No. 1474, A bill for an act relating to public safety; allowing prisoners facing civil commitment in certain cases to elect to remain confined in state correctional facilities beyond their scheduled release date; amending Minnesota Statutes 2008, sections 244.05, subdivisions 1, 1b; 253B.045, subdivision 1; 253B.185, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 243.

 

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

 

 

      Hayden and Paymar introduced:

 

      H. F. No. 1475, A bill for an act relating to human services; addressing Minnesota family investment program eligibility and waivers for human trafficking victims; amending Minnesota Statutes 2008, sections 256J.08, subdivision 90; 256J.32, subdivisions 4, 8; 256J.42, subdivision 4; 256J.425, subdivision 3; 256J.521, by adding a subdivision; 256J.575, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 256J.

 

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

 

 

      Atkins and Zellers introduced:

 

      H. F. No. 1476, A bill for an act relating to alcohol; allowing exclusive liquor stores to sell multiple use bags; amending Minnesota Statutes 2008, section 340A.412, subdivision 14.

 

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

 

 

      Liebling, Norton, Demmer and Welti introduced:

 

      H. F. No. 1477, A bill for an act relating to the city of Rochester; increasing the city's tax authority; amending Laws 2002, chapter 377, article 3, section 25.

 

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

 

 

      Sailer; Hilty; Anderson, P.; Brynaert; McNamara; Johnson and Benson introduced:

 

      H. F. No. 1478, A bill for an act relating to utilities; regulating certain distributed energy resources; amending Minnesota Statutes 2008, section 216B.2411, subdivision 1.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 722

      Kahn; Winkler; Morrow; Rukavina; Johnson; Anderson, S.; Hayden and Davnie introduced:

 

      H. F. No. 1479, A bill for an act relating to taxation; individual income; providing a refundable credit for payment of principal and interest on student loans; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

      Haws, Hosch, Kiffmeyer, Gottwalt, Severson and Anderson, B., introduced:

 

      H. F. No. 1480, A bill for an act relating to transportation; providing for oversight and distribution of transportation funding; requiring Department of Transportation to meet certain programmatic investment percentages and a certain minimum guarantee of state highway and bridge funding for all state transportation districts; proposing coding for new law in Minnesota Statutes, chapter 174.

 

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

 

 

      Persell, Howes and Solberg introduced:

 

      H. F. No. 1481, A bill for an act relating to capital improvements; appropriating money for a sewer extension in the city of Remer; authorizing the sale and issuance of state bonds.

 

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

 

 

      Thissen, Huntley, Mullery, Poppe and Hortman introduced:

 

      H. F. No. 1482, A bill for an act relating to human services; modifying provisions governing medical assistance claims and liens; amending Minnesota Statutes 2008, sections 256B.15, subdivisions 1, 1a, 2; 514.983, subdivision 2.

 

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

 

 

      Koenen introduced:

 

      H. F. No. 1483, A bill for an act relating to capital improvements; appropriating money for wastewater treatment facility in the city of Morton; authorizing the sale and issuance of state bonds.

 

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

 

 

      Kath, Peterson, Tillberry, Fritz, Bly, Greiling, Mariani and Reinert introduced:

 

      H. F. No. 1484, A bill for an act relating to education; refocusing educator relicensure on performance; implementing the legislative auditor's recommendations to the legislature for revising Q-Comp; amending Minnesota Statutes 2008, sections 122A.18, subdivision 4; 122A.40, subdivisions 6, 8; 122A.41, subdivisions 3, 5; 122A.413, subdivision 2; 122A.414, subdivisions 2, 2b; 122A.60, subdivision 2.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 723

      Kath introduced:

 

      H. F. No. 1485, A bill for an act relating to capital investment; authorizing the sale of state bonds; appropriating money for a grant to the city of Waseca for a new wastewater treatment system and plant.

 

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

 

 

      Brod introduced:

 

      H. F. No. 1486, A bill for an act relating to state government; requiring the commissioner of administration to review the privatization potential of state agency services and to prepare a database of all assets owned by the state; requiring a report; amending Minnesota Statutes 2008, section 16B.04, subdivisions 2, 4.

 

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

 

 

      Olin and Sailer introduced:

 

      H. F. No. 1487, A bill for an act relating to taxation; income; property; providing an income tax credit for bovine testing in certain parts of the state; appropriating money; amending Minnesota Statutes 2008, sections 273.1393; 290.06, by adding a subdivision; repealing Minnesota Statutes 2008, section 273.113.

 

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

 

 

      Gottwalt introduced:

 

      H. F. No. 1488, A bill for an act relating to traffic regulations; permitting tow of vehicle unlawfully parked in valet parking zone; amending Minnesota Statutes 2008, section 169.041, subdivision 4.

 

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

 

 

      McFarlane introduced:

 

      H. F. No. 1489, A bill for an act relating to real property; mortgages; providing for notice of sale and postponement; amending Minnesota Statutes 2008, sections 580.03; 580.07.

 

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

 

 

      Davnie, Hornstein, Swails, Anzelc, Atkins, Abeler, Hortman, Hausman, Morgan, Newton, Morrow and Nelson introduced:

 

      H. F. No. 1490, A bill for an act relating to transportation; regulating motor carriers of railroad employees; amending Minnesota Statutes 2008, sections 171.01, subdivision 22; 221.012, subdivisions 26, 38, by adding a subdivision; 221.0252, by adding a subdivision; 221.0314, by adding a subdivision; 221.141, subdivision 1.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 724

      Hayden; Clark; Champion; Persell; Thissen; Murphy, E., and Fritz introduced:

 

      H. F. No. 1491, A bill for an act relating to human services; appropriating money for homeless programs.

 

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

 

 

      Simon introduced:

 

      H. F. No. 1492, A bill for an act relating to taxation; authorizing the city of Hopkins to extend the duration of certain tax increment financing districts; modifying the application of certain rules to the districts.

 

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

 

 

      Lillie, Davids, Eken, Dill, Persell, Knuth, Ward, Fritz, Gardner, Anzelc, Urdahl, Howes, Hansen, Scalze, Kalin, Sailer, Brown, McNamara, Poppe and Gunther introduced:

 

      H. F. No. 1493, A bill for an act relating to natural resources; appropriating money for state parks and trails; requiring planning and a report.

 

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

 

 

      Simon, Kelliher, Hortman, Slawik and Hansen introduced:

 

      H. F. No. 1494, A bill for an act relating to civil actions; providing for wrongful death actions by domestic partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6; 466.05, subdivision 2; 573.02, subdivisions 1, 3.

 

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

 

 

      Kelly introduced:

 

      H. F. No. 1495, A bill for an act relating to capital improvements; appropriating money for the Goodhue Pioneer Trail; authorizing the sale and issuance of general obligation bonds.

 

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

 

 

      Kelly introduced:

 

      H. F. No. 1496, A bill for an act relating to capital improvements; appropriating money for a biosolids processing facility in the city of Red Wing; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 725

      Kelly introduced:

 

      H. F. No. 1497, A bill for an act relating to human services; providing a rate increase for an intermediate care facility in Red Wing; appropriating money; amending Minnesota Statutes 2008, section 256B.5013, by adding a subdivision.

 

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

 

 

      Hilstrom and Rukavina introduced:

 

      H. F. No. 1498, A bill for an act relating to public safety; requiring Department of Corrections to annually report on felony DWI offenders; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 1499, A bill for an act relating to economic development; appropriating money for summer youth employment.

 

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

 

 

      Westrom introduced:

 

      H. F. No. 1500, A bill for an act relating to towns; requiring special town meetings upon petition of electors; amending Minnesota Statutes 2008, section 365.52, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 365.

 

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

 

 

      Westrom introduced:

 

      H. F. No. 1501, A bill for an act relating to local government; restructuring the Central Lakes Region Sanitary District as an elected body or alternatively providing for its dissolution; amending Laws 2003, chapter 127, article 9, section 2; proposing coding for new law in Minnesota Statutes, chapter 115.

 

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

 

 

      Atkins introduced:

 

      H. F. No. 1502, A bill for an act relating to natural resources; appropriating money for a trail connection to the Mississippi River Regional Trail.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 726

      Abeler, Tillberry, Thao, Fritz, Koenen, Bly, Hilstrom, Lanning, Nornes, Beard, Magnus, Howes, Falk, Gunther, Hackbarth, McFarlane and Ruud introduced:

 

      H. F. No. 1503, A bill for an act relating to health occupations; establishing licensure for massage therapists; establishing fees; requiring rulemaking; providing penalties; amending Minnesota Statutes 2008, sections 116J.70, subdivision 2a; 214.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 147F.

 

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

 

 

      Johnson introduced:

 

      H. F. No. 1504, A bill for an act relating to data practices; prohibiting the reproduction of pornographic works involving a minor maintained by a government entity or court in connection with a criminal proceeding; amending Minnesota Statutes 2008, section 13.871, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 617.

 

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

 

 

      Paymar introduced:

 

      H. F. No. 1505, A bill for an act relating to public safety; increasing criminal penalties for certain sex trafficking offenses; adding sex trafficking to the definition of crime of violence; amending Minnesota Statutes 2008, sections 609.281, subdivision 5; 609.321, subdivision 7a; 609.322; 611A.036, subdivision 7; 624.712, subdivision 5.

 

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

 

 

      Sanders, Kelly, Zellers, Scott, Dettmer, Loon, Kohls, Drazkowski, Brod, Mack, Downey, Dittrich and Anderson, P., introduced:

 

      H. F. No. 1506, A bill for an act relating to taxation; deed tax; exempting certain deeds from the deed tax; amending Minnesota Statutes 2008, section 287.22.

 

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

 

 

      Sanders; Kelly; Zellers; Scott; Dettmer; Loon; Kohls; Drazkowski; Brod; Mack; Dittrich; Anderson, P., and Downey introduced:

 

      H. F. No. 1507, A bill for an act relating to taxation; mortgage tax; exempting certain residential mortgages from the mortgage tax; amending Minnesota Statutes 2008, section 287.04.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 727

      Sanders; Kelly; Zellers; Scott; Dettmer; Loon; Kohls; Drazkowski; Brod; Mack; Dittrich; Anderson, P., and Downey introduced:

 

      H. F. No. 1508, A bill for an act relating to taxation; mortgage tax; exempting certain residential mortgages for first-time homebuyers from the mortgage tax; amending Minnesota Statutes 2008, section 287.04.

 

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

 

 

      Hilstrom introduced:

 

      H. F. No. 1509, A bill for an act relating to  public safety; expanding the challenge incarceration program; amending Minnesota Statutes 2008, sections 244.17; 244.172, subdivision 1.

 

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

 

 

      Zellers, Atkins, Lillie, Anzelc and Simon introduced:

 

      H. F. No. 1510, A bill for an act relating to alcohol; clarifying that public facilities may allow noncommercial alcohol use without licenses; amending Minnesota Statutes 2008, sections 340A.101, by adding a subdivision; 340A.401; 340A.414, subdivision 1.

 

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

 

 

      Atkins, Zellers, Anzelc, Brown and Dill introduced:

 

      H. F. No. 1511, A bill for an act relating to lawful gambling; modifying lawful purpose and other definitions; establishing a rating system for annual lawful purpose expenditures and imposing civil penalties; modifying provisions relating to licensing and permits and providing for fees; regulating conduct of bingo and other games; modifying lease requirements; regulating who may participate in lawful gambling; providing for expenditures of gross profits; providing for local approval; making clarifying, technical, and conforming changes to lawful gambling provisions; amending Minnesota Statutes 2008, sections 349.11; 349.12, subdivisions 3a, 7, 7a, 12a, 18, 19, 21, 25, 29, 32a, 33; 349.15, subdivisions 1, 1a; 349.151, subdivision 4; 349.154, subdivision 1; 349.155, subdivisions 3, 4a; 349.16, subdivisions 2, 3, 6, 8, 11, by adding subdivisions; 349.162, subdivision 6; 349.1635, subdivision 3; 349.1641; 349.165, subdivisions 1, 2, 3, by adding a subdivision; 349.166, subdivision 2; 349.167, subdivision 2; 349.168, subdivision 8; 349.169, subdivisions 1, 3; 349.17, subdivisions 3, 5, 6, 7; 349.173; 349.18, subdivision 1; 349.19, subdivisions 2, 2a, 3, 5, 10; 349.191, subdivisions 1, 1a, 1b, 2, 3, 4; 349.213, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 349; repealing Minnesota Statutes 2008, sections 349.15, subdivisions 4, 5; 349.154, subdivision 2; 349.155, subdivision 7; 349.16, subdivisions 9, 10; 349.166, subdivision 3; 349.168, subdivisions 4, 6, 7, 10; 349.18, subdivisions 2, 3; 349.2127, subdivision 8.

 

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

 

 

      Atkins, Dill, Zellers, Brown, Davids, Anzelc, Howes, Bigham, Hackbarth and Doty introduced:

 

      H. F. No. 1512, A bill for an act relating to lawful gambling; providing for electronic bingo; modifying pull-tab dispensing devices; making clarifying and conforming changes; amending Minnesota Statutes 2008, sections 349.12, subdivisions 5, 12a, 18, 25b, 25c, 25d; 349.151, subdivisions 4b, 4c; 349.16, subdivision 7; 349.1635, subdivision 1; 349.17, subdivisions 6, 7, 8; 349.18, subdivision 1; 349.211, subdivision 1a.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 728

      Sailer introduced:

 

      H. F. No. 1513, A bill for an act relating to state auditor; requiring employees and officers of local public pension plans to report unlawful actions; amending Minnesota Statutes 2008, section 609.456, subdivision 1.

 

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

 

 

      Hausman, Lesch and Smith introduced:

 

      H. F. No. 1514, A bill for an act relating to public safety; appropriating money for the toll-free hotline for human trafficking victims.

 

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

 

 

      Abeler, Thissen, McFarlane, Koenen and Loeffler introduced:

 

      H. F. No. 1515, A bill for an act relating to human services; modifying children's therapeutic services; exempting certain programs from licensing requirements; amending Minnesota Statutes 2008, sections 157.16, by adding a subdivision; 245.4871, subdivision 10; 256B.0943, subdivisions 4, 6, 9.

 

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

 

 

      Thissen, Hayden, Brynaert, Clark and Murphy, E., introduced:

 

      H. F. No. 1516, A bill for an act relating to human services; appropriating money for long-term homeless supportive services.

 

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

 

 

      Hosch, Reinert and Scalze introduced:

 

      H. F. No. 1517, A bill for an act relating to public safety; authorizing local units of government to impose administrative fines for certain offenses; amending Minnesota Statutes 2008, sections 6.74; 169.022; 169.985; 169.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 471.

 

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

 

 

      Champion introduced:

 

      H. F. No. 1518, A bill for an act relating to public safety; authorizing commissioner of public safety to gather, compile, and publish data on human trafficking every three years; amending Minnesota Statutes 2008, section 299A.785, subdivision 2.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 729

      Kahn introduced:

 

      H. F. No. 1519, A bill for an act relating to appropriations; appropriating money to the Campaign Finance and Public Disclosure Board; authorizing a carryover of certain funds.

 

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

 

 

      Falk, Koenen, Thissen and Anderson, P., introduced:

 

      H. F. No. 1520, A bill for an act relating to health; providing funding for a rural health care purchasing alliance; appropriating money.

 

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

 

 

      Liebling, Olin, Eastlund, Demmer, Norton and Welti introduced:

 

      H. F. No. 1521, A bill for an act relating to public safety; providing earned release dates for imprisoned offenders and requiring that offenders who qualify be placed on enhanced reentry supervised release; repealing the law requiring that short-term offenders be incarcerated in local correctional facilities; appropriating money; amending Minnesota Statutes 2008, sections 244.01, by adding subdivisions; 244.101, subdivisions 1, 2, 3; 609.105, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 244; repealing Minnesota Statutes 2008, section 609.105, subdivisions 1a, 1b.

 

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

 

 

      Hayden introduced:

 

      H. F. No. 1522, A bill for an act relating to human services; modifying provisions relating to treatment of income for determining county reimbursement for foster care, examination, or treatment; amending Minnesota Statutes 2008, section 260C.331, subdivision 1.

 

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

 

 

      Haws, Olin, Masin, Gottwalt and Nornes introduced:

 

      H. F. No. 1523, A bill for an act relating to public safety; modifying fee for booking a person for confinement at a county or regional jail; amending Minnesota Statutes 2008, section 641.12, subdivision 1.

 

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

 

 

      Falk; Koenen; Murphy, E.; Thissen; Huntley; Abeler; Hornstein; Anzelc and Morrow introduced:

 

      H. F. No. 1524, A bill for an act relating to human services; offering supplemental hospital coverage under the MinnesotaCare program; amending Minnesota Statutes 2008, sections 256L.03, subdivisions 3, 5, by adding a subdivision; 256L.12, subdivision 6.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 730

      Winkler and Dittrich introduced:

 

      H. F. No. 1525, A bill for an act relating to education; requiring school districts to comply with the Schools Interoperability Framework specifications; establishing a working group.

 

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

 

 

      Mahoney introduced:

 

      H. F. No. 1526, A bill for an act relating to labor and industry; modifying municipal enforcement provisions of State Building Code; amending Minnesota Statutes 2008, sections 326B.106, subdivision 9; 326B.16.

 

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

 

 

      Kahn; Murphy, M.; Rukavina; Nelson and Smith introduced:

 

      H. F. No. 1527, A bill for an act relating to retirement; authorizing the Minnesota State Colleges and Universities early separation incentive programs; proposing coding for new law in Minnesota Statutes, chapter 136F.

 

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

 

 

      Kahn; Murphy, M.; Nelson and Smith introduced:

 

      H. F. No. 1528, A bill for an act relating to retirement; permitting certain Minnesota State Colleges and Universities System tenured faculty to elect defined benefit plan retirement coverage; amending Minnesota Statutes 2008, section 354B.21, subdivision 2.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 1529, A bill for an act relating to civil proceedings; removing a dollar limitation on attorney or agent fees in certain cases; amending Minnesota Statutes 2008, section 15.471, subdivision 5.

 

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

 

 

      Hornstein introduced:

 

      H. F. No. 1530, A bill for an act relating to the Metropolitan Airports Commission; requiring the commission to prohibit outsourcing of certain jobs; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 731

      Loeffler and Laine introduced:

 

      H. F. No. 1531, A bill for an act relating to state government; providing additional whistleblower protection to state employees; amending Minnesota Statutes 2008, section 181.932, subdivision 1.

 

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

 

 

      Kalin introduced:

 

      H. F. No. 1532, A bill for an act relating to the secretary of state; regulating various filings, forms, records, submissions, motions, and orders; regulating certain dissolutions; defining a term; amending Minnesota Statutes 2008, sections 5.15; 5.23, subdivisions 1, 4; 5.26, subdivision 1; 270C.63, subdivision 4; 272.488, subdivision 2; 302A.151; 303.06; 303.11; 308B.215; 321.0809; 321.0902; 321.0906; 321.0909; 322B.91, subdivision 1; 322B.92; 336.9-519; 336.9-521; 336.9-525; 336A.03, subdivision 3; 545.05, subdivisions 1, 2, 4, 7, 10, 11, 13; repealing Minnesota Statutes 2008, sections 5.03; 308B.121, subdivision 3; Minnesota Rules, part 8280.0470.

 

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

 

 

      Sailer, Brynaert, Loeffler, Knuth and Gardner introduced:

 

      H. F. No. 1533, A bill for an act relating to energy; providing cost recovery for utility's renewable facilities; providing for high-efficiency utility rate options; amending Minnesota Statutes 2008, sections 216B.1645, subdivision 2a; 216B.169, subdivision 2; repealing Laws 2007, chapter 3, section 3.

 

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

 

 

      Downey, Kohls, Drazkowski, Dettmer and Kiffmeyer introduced:

 

      H. F. No. 1534, A bill for an act relating to state government; providing conditions relating to acceptance and expenditure of federal stimulus funds.

 

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

 

 

      Hausman introduced:

 

      H. F. No. 1535, A bill for an act relating to metropolitan government; transferring transit functions from the Metropolitan Council; creating the Minnesota Transit Authority; increasing the general sales tax and dedicating the proceeds to the authority; abolishing certain local sales tax authority; amending Minnesota Statutes 2008, sections 10A.01, subdivision 35; 297A.62, subdivision 1; 297A.94; 297A.99, subdivision 1; 297B.02, subdivision 1; 398A.04, subdivision 1; 398A.07, subdivision 1; 473.121, by adding a subdivision; 473.375; 473.382; 473.384; 473.385; 473.386; 473.3875; 473.388; 473.39, subdivisions 1, 1m, 2, 4, 5, as added; 473.392; 473.3997; 473.405; 473.4051, subdivision 1; 473.407, subdivisions 1, 3, 4, 5; 473.408; 473.409; 473.411; 473.415, subdivision 1; 473.416; 473.42; 473.436; 473.446; 473.448; 473.449; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 2008, sections 297A.992; 297A.993; 398A.04, subdivisions 2, 3; 398A.10; 473.384, subdivisions 6, 7; 473.387; 473.391; 473.399, subdivisions 1, 1a, 4, 5; 473.3994, subdivisions 1a, 2, 3, 4, 5, 7, 8, 9, 10, 14; 473.4461; Laws 2008, chapter 152, article 6, section 8.

 

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


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 732

      Nelson and Kahn introduced:

 

      H. F. No. 1536, A bill for an act relating to the University of Minnesota; authorizing enacting of ordinances; providing criminal penalties; amending Minnesota Statutes 2008, section 626.84, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 1537, A bill for an act relating to eminent domain; modifying definition of public use; amending Minnesota Statutes 2008, section 117.025, subdivision 11.

 

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

 

 

      Mariani introduced:

 

      H. F. No. 1538, A bill for an act relating to education; fostering educational innovation to improve student and school performance; amending Minnesota Statutes 2008, section 126C.10, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I have the honor to inform the House of Representatives that the Senate is ready to meet with the House in Joint Convention at 1:15 p.m., Monday, March 9, 2009, for the purpose of electing members to the Board of Regents of the University of Minnesota.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

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

 

      S. F. Nos. 451, 452, 684, 594 and 656.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 733

FIRST READING OF SENATE BILLS

 

 

S. F. No. 451, A bill for an act relating to highways; designating the Clearwater County Veterans Memorial Highway;  amending Minnesota Statutes 2008, section 161.14, by adding a subdivision.

 

The bill was read for the first time.

 

 Sailer moved that S. F. No. 451 and H. F. No. 121, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 452, A bill for an act relating to highways; designating Becker County Veterans Memorial Highway on portions of marked Trunk Highways 34 and 87; amending Minnesota Statutes 2008, section 161.14, by adding a subdivision.

 

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

 

 

S. F. No. 684, A bill for an act relating to economic development; expanding bioscience business development public infrastructure grant program; amending Minnesota Statutes 2008, section 116J.435, subdivisions 2, 3.

 

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

 

 

S. F. No. 594, A bill for an act relating to occupational safety and health; requiring safe patient handling plans in clinical settings; amending Minnesota Statutes 2008, sections 182.6551; 182.6552, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 182.

 

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

 

 

S. F. No. 656, A bill for an act relating to energy; directing Legislative Energy Commission to analyze state energy standards for certain appliances.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Mullery moved that the name of Morgan be added as an author on H. F. No. 46.  The motion prevailed.

 

      Juhnke moved that the name of Nornes be added as an author on H. F. No. 85.  The motion prevailed.

 

      Ward moved that the name of Dettmer be added as an author on H. F. No. 116.  The motion prevailed.

 

      Dill moved that the name of Olin be added as an author on H. F. No. 128.  The motion prevailed.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 734

      Thissen moved that the name of Benson be added as an author on H. F. No. 177.  The motion prevailed.

 

      Swails moved that the name of Bunn be added as an author on H. F. No. 211.  The motion prevailed.

 

      Tillberry moved that the name of Knuth be added as an author on H. F. No. 253.  The motion prevailed.

 

      Clark moved that the name of Loeffler be added as an author on H. F. No. 285.  The motion prevailed.

 

      Hansen moved that the name of Abeler be added as an author on H. F. No. 424.  The motion prevailed.

 

      Murphy, E., moved that the name of Loeffler be added as an author on H. F. No. 454.  The motion prevailed.

 

      Carlson moved that the name of Norton be added as an author on H. F. No. 466.  The motion prevailed.

 

      McFarlane moved that her name be stricken as an author on H. F. No. 538.  The motion prevailed.

 

      Ruud moved that the name of Kelliher be added as an author on H. F. No. 550.  The motion prevailed.

 

      Sailer moved that the name of Sterner be added as an author on H. F. No. 569.  The motion prevailed.

 

      Murphy, E., moved that the name of Slawik be added as an author on H. F. No. 618.  The motion prevailed.

 

      Knuth moved that the name of Ruud be added as an author on H. F. No. 689.  The motion prevailed.

 

      Hortman moved that the name of Hayden be added as an author on H. F. No. 690.  The motion prevailed.

 

      Rukavina moved that the name of Mariani be added as an author on H. F. No. 691.  The motion prevailed.

 

      Newton moved that the name of Morrow be added as an author on H. F. No. 715.  The motion prevailed.

 

      Nornes moved that the name of Bunn be added as an author on H. F. No. 718.  The motion prevailed.

 

      Ward moved that the name of Howes be added as an author on H. F. No. 760.  The motion prevailed.

 

      Emmer moved that the name of McNamara be added as an author on H. F. No. 797.  The motion prevailed.

 

      Smith moved that his name be stricken as an author on H. F. No. 813.  The motion prevailed.

 

      Johnson moved that the name of Slocum be added as an author on H. F. No. 813.  The motion prevailed.

 

      Haws moved that the name of Kiffmeyer be added as an author on H. F. No. 851.  The motion prevailed.

 

      Hornstein moved that the name of Hayden be added as an author on H. F. No. 898.  The motion prevailed.

 

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

 

      Tillberry moved that the name of Abeler be added as an author on H. F. No. 920.  The motion prevailed.

 

      Rosenthal moved that his name be stricken as an author on H. F. No. 953.  The motion prevailed.

 

      Bigham moved that the name of Koenen be added as an author on H. F. No. 972.  The motion prevailed.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 735

      Seifert moved that the name of McNamara be added as an author on H. F. No. 997.  The motion prevailed.

 

      Emmer moved that the name of Hackbarth be added as an author on H. F. No. 998.  The motion prevailed.

 

      Dill moved that his name be stricken as an author on H. F. No. 1035.  The motion prevailed.

 

      Swails moved that the name of Slocum be added as an author on H. F. No. 1037.  The motion prevailed.

 

      Morgan moved that the name of Reinert be added as an author on H. F. No. 1112.  The motion prevailed.

 

      Morgan moved that the name of Reinert be added as an author on H. F. No. 1113.  The motion prevailed.

 

      Eastlund moved that the name of Urdahl be added as an author on H. F. No. 1127.  The motion prevailed.

 

      Kiffmeyer moved that the name of Anderson, B., be added as an author on H. F. No. 1174.  The motion prevailed.

 

      Masin moved that the name of Slocum be added as an author on H. F. No. 1185.  The motion prevailed.

 

      Winkler moved that the name of Slocum be added as an author on H. F. No. 1188.  The motion prevailed.

 

      Brod moved that the name of Reinert be added as an author on H. F. No. 1192.  The motion prevailed.

 

      Downey moved that the names of Magnus and Nornes be added as authors on H. F. No. 1194.  The motion prevailed.

 

      Lanning moved that the names of Slocum and Reinert be added as authors on H. F. No. 1195.  The motion prevailed.

 

      Gottwalt moved that the name of Abeler be added as an author on H. F. No. 1196.  The motion prevailed.

 

      Smith moved that the name of Abeler be added as an author on H. F. No. 1197.  The motion prevailed.

 

      Davnie moved that the name of Slocum be added as an author on H. F. No. 1198.  The motion prevailed.

 

      Lesch moved that the name of Slocum be added as an author on H. F. No. 1199.  The motion prevailed.

 

      Marquart moved that the name of Slocum be added as an author on H. F. No. 1201.  The motion prevailed.

 

      Gardner moved that the name of Slocum be added as an author on H. F. No. 1217.  The motion prevailed.

 

      Mullery moved that the name of Slocum be added as an author on H. F. No. 1224.  The motion prevailed.

 

      Masin moved that the name of Reinert be added as an author on H. F. No. 1225.  The motion prevailed.

 

      Rukavina moved that the name of Slocum be added as an author on H. F. No. 1227.  The motion prevailed.

 

      Eken moved that the name of Reinert be added as an author on H. F. No. 1240.  The motion prevailed.

 

      Seifert moved that the names of Kelliher, Smith and Hilstrom be added as authors on H. F. No. 1242.  The motion prevailed.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 736

      Simon moved that the name of Slocum be added as an author on H. F. No. 1245.  The motion prevailed.

 

      Hornstein moved that the name of Welti be added as an author on H. F. No. 1250.  The motion prevailed.

 

      Dittrich moved that the name of Ruud be added as an author on H. F. No. 1261.  The motion prevailed.

 

      Paymar moved that the name of Reinert be added as an author on H. F. No. 1268.  The motion prevailed.

 

      Rosenthal moved that the name of Slocum be added as an author on H. F. No. 1273.  The motion prevailed.

 

      Clark moved that the names of Greiling and Mariani be added as authors on H. F. No. 1321.  The motion prevailed.

 

      Doty moved that the name of Gardner be added as an author on H. F. No. 1325.  The motion prevailed.

 

      Mariani moved that the name of Slawik be added as an author on H. F. No. 1340.  The motion prevailed.

 

      Bigham moved that the name of Winkler be added as an author on H. F. No. 1360.  The motion prevailed.

 

      Sertich moved that the names of Greiling and Doty be added as authors on H. F. No. 1365.  The motion prevailed.

 

      Kalin moved that the name of Doty be added as an author on H. F. No. 1400.  The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

      Sertich moved that when the House adjourns today it adjourn until 10:30 a.m., Thursday, March 12, 2009.  The motion prevailed.

 

 

      Sertich moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention to elect members of the Board of Regents of the University of Minnesota.  The motion prevailed.

 

 

RECESS

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

      The Speaker of the House, as President of the Joint Convention, called the Joint Convention to order.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 737

      Prayer was offered by the Reverend Dennis J. Johnson, House Chaplain.

 

 

      The roll being called, the following Senators answered to their names:  Anderson, Bakk and Berglin.

 

 

      Senator Pogemiller moved that further proceedings of the roll call be suspended.  The motion prevailed and a quorum was declared present.

 

 

REPORT FROM THE JOINT LEGISLATIVE COMMITTEE RELATING

TO THE ELECTION OF MEMBERS TO THE BOARD OF REGENTS

 

March 4, 2009

 

      Dear Speaker Kelliher, Majority Leader Pogemiller, and Minority Leaders Seifert and Senjem:

 

      Pursuant to Minnesota Statutes 2008, section 137.0246, subdivision 2, the Joint Legislative Committee met on February 26, 2009 and March 3, 2009, to consider candidates for vacancies on the University of Minnesota Board of Regents.

 

      The Joint Legislative Committee allowed all candidates who were recommended by the Advisory Council or nominated by the Committee an opportunity to address the Committee and respond to questions.  Reports were received from the First and Fourth Congressional Caucuses, who voted to endorse Patricia Simmons and Rick Beeson, respectively.

 

      After hearing from all nine candidates, the Joint Legislative Committee voted.  Based on a majority vote of the House and of the Senate members of the Joint Legislative Committee, we respectfully forward the following names to the Joint Convention of the Senate and the House:

 

      Patricia Simmons is recommended by the Committee for the First Congressional District

      Richard Beeson is recommended by the Committee for the Fourth Congressional District

      John Frobenius is recommended by the Committee for the Sixth Congressional District

      Clyde Allen, Jr., is recommended by the Committee for the Seventh Congressional District.

 

 

                                                                                                        Respectfully submitted,

 

                                                                                                        Representative Tom Rukavina

                                                                                                        Co-Chair of the Joint Legislative Committee

 

                                                                                                        Senator Sandra Pappas

                                                                                                        Co-Chair of the Joint Legislative Committee

 

 

      Representative Rukavina and Senator Pappas moved that the Report of the Joint Legislative Committee be adopted.

 

 

      The motion prevailed and the report was adopted.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 738

ELECTION OF MEMBERS TO THE BOARD OF REGENTS

OF THE UNIVERSITY OF MINNESOTA

 

      Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect Regents from four Congressional Districts.

 

 

      Patricia Simmons was nominated by the Joint Legislative Committee for the First Congressional District Regent for a term of six years.

 

      Richard Beeson was nominated by the Joint Legislative Committee for the Fourth Congressional District Regent for a term of six years.

 

      John Frobenius was nominated by the Joint Legislative Committee for the Sixth Congressional District Regent for a term of six years.

 

      Clyde Allen, Jr., was nominated by the Joint Legislative Committee for the Seventh Congressional District Regent for a term of six years.

 

      Anne Rasmusson was nominated by Representative Lieder for the Seventh Congressional District Regent for a term of six years.

 

 

      There being no further nominations, the President declared the nominations closed.

 

 

      The Secretary called the roll.

 

 

FIRST CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for Patricia Simmons:

 


Anderson

Bakk

Berglin

Betzold

Bonoff

Carlson

Chaudhary

Clark

Cohen

Dahle

Day

Dibble

Dille

Doll

Erickson Ropes

Fobbe

Foley

Frederickson

Gerlach

Gimse

Hann

Higgins

Ingebrigtsen

Johnson

Kelash

Koch

Koering

Kubly

Langseth

Latz

Lourey

Lynch

Marty

Metzen

Michel

Moua

Murphy

Olseen

Olson, G.

Olson, M.

Ortman

Pappas

Pariseau

Pogemiller

Prettner Solon

Rest

Robling

Rosen

Rummel

Saltzman

Saxhaug

Senjem

Sheran

Sieben

Skoe

Skogen

Sparks

Stumpf

Tomassoni

Torres Ray

Vickerman

Wiger


 

 

      The following member of the House of Representatives voted for Patricia Simmons:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 739

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Pres. Kelliher


 

 

      Patricia Simmons, having received 192 votes, a majority of the votes cast, was declared elected First Congressional District Regent, for a term of six years.

 

 

FOURTH CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for Richard Beeson:

 


Anderson

Bakk

Berglin

Betzold

Bonoff

Carlson

Chaudhary

Clark

Cohen

Dahle

Day

Dibble

Dille

Doll

Erickson Ropes

Fobbe

Foley

Frederickson

Gerlach

Gimse

Hann

Higgins

Ingebrigtsen

Johnson

Kelash

Koch

Koering

Kubly

Langseth

Latz

Lourey

Lynch

Marty

Metzen

Michel

Moua

Murphy

Olseen

Olson, G.

Olson, M.

Ortman

Pappas

Pariseau

Pogemiller

Prettner Solon

Rest

Robling

Rosen

Rummel

Saltzman

Saxhaug

Senjem

Sheran

Sieben

Skoe

Skogen

Sparks

Stumpf

Tomassoni

Torres Ray

Vickerman

Wiger


 

 

      The following members of the House of Representatives voted for Richard Beeson:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 740

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Pres. Kelliher


 

 

      Richard Beeson, having received 192 votes, a majority of the votes cast, was declared elected Fourth Congressional District Regent, for a term of six years.

 

 

SIXTH CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for John Frobenius:

 


Anderson

Bakk

Berglin

Betzold

Bonoff

Carlson

Chaudhary

Clark

Cohen

Dahle

Day

Dibble

Dille

Doll

Erickson Ropes

Fobbe

Foley

Frederickson

Gerlach

Gimse

Hann

Higgins

Ingebrigtsen

Johnson

Kelash

Koch

Koering

Kubly

Langseth

Latz

Lourey

Lynch

Marty

Metzen

Michel

Moua

Murphy

Olseen

Olson, G.

Olson, M.

Ortman

Pappas

Pariseau

Pogemiller

Prettner Solon

Rest

Robling

Rosen

Rummel

Saltzman

Saxhaug

Senjem

Sheran

Sieben

Skoe

Skogen

Sparks

Stumpf

Tomassoni

Torres Ray

Vickerman

Wiger


 

 

      The following members of the House of Representatives voted for John Frobenius:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Zellers

Pres. Kelliher


 

 

      John Frobenius received 187 votes.

 

      Representatives Bunn and Reinert voted for Kjell Bergh.

 

      Representatives Murphy, M., and Winkler voted for Kathryn Roberts.

 

 

      John Frobenius, having received 187 votes, a majority of the votes cast, was declared elected Sixth Congressional District Regent, for a term of six years.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 741

SEVENTH CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for Clyde Allen, Jr.:

 


Anderson

Bakk

Berglin

Betzold

Bonoff

Carlson

Chaudhary

Clark

Cohen

Dahle

Day

Dibble

Dille

Doll

Erickson Ropes

Fobbe

Foley

Frederickson

Gerlach

Gimse

Hann

Higgins

Ingebrigtsen

Johnson

Kelash

Koch

Koering

Kubly

Langseth

Latz

Lourey

Marty

Metzen

Michel

Moua

Murphy

Olseen

Olson, G.

Olson, M.

Ortman

Pappas

Pariseau

Pogemiller

Prettner Solon

Rest

Robling

Rosen

Rummel

Saltzman

Saxhaug

Senjem

Sheran

Sieben

Skoe

Skogen

Sparks

Vickerman


 

 

      The following members of the House of Representatives voted for Clyde Allen, Jr.:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Atkins

Bigham

Brod

Brynaert

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Emmer

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kelly

Kiffmeyer

Kohls

Lanning

Lenczewski

Loon

Mack

Magnus

Marquart

McFarlane

McNamara

Morgan

Murdock

Nornes

Norton

Peterson

Rosenthal

Ruud

Sanders

Scott

Seifert

Severson

Shimanski

Simon

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      Clyde Allen, Jr., received 114 votes.

 

 

      The following members of the Senate voted for Anne Rasmusson:

 


Lynch

Stumpf

Tomassoni

Torres Ray

Wiger

 

 


 

 

      The following members of the House of Representatives voted for Anne Rasmusson:

 


Anzelc

Benson

Bly

Brown

Bunn

Carlson

Champion

Clark

Davnie

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Masin

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Poppe

Reinert

Rukavina

Sailer

Scalze

Sertich

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Pres. Kelliher


 

 

      Ann Rasmusson received 78 votes.

 

 

      Clyde Allen, Jr., having received 114 votes, a majority of the votes cast, was declared elected Seventh Congressional District Regent, for a term of six years.


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 742

DECLARATION OF ELECTION

 

      Patricia Simmons, First Congressional District Regent, Six Years; Richard Beeson, Fourth Congressional District Regent, Six Years; John Frobenius, Sixth Congressional District Regent, Six Years; Clyde Allen, Jr., Seventh Congressional District Regent, Six Years; each having received a majority of the votes cast at the Joint Convention were declared by the President of the Joint Convention to be elected to the Board of Regents of the University of Minnesota.

 

 

      Senator Pogemiller moved that the Joint Convention adjourn.  The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

CERTIFICATION

 

March 9, 2009

To the Governor

State of Minnesota

 

To the Senate

State of Minnesota

 

To the House of Representatives

State of Minnesota

 

      This is to certify that the House of Representatives and the Senate in Joint Convention on Monday, March 9, 2009, have elected as members of the Board of Regents of the University of Minnesota the following individuals each to hold office for the term specified for each to begin upon election by the Joint Convention:

 

      Patricia Simmons, First Congressional District, Six Years

 

      Richard Beeson, Fourth Congressional District, Six Years

 

      John Frobenius, Sixth Congressional District, Six Years

 

      Clyde Allen, Jr., Seventh Congressional District, Six Years.

 

 

                                                                                                        James P. Metzen

                                                                                                        President of the Senate

 

                                                                                                        Margaret Anderson Kelliher

                                                                                                        Speaker of the House of Representatives


Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 743

ADJOURNMENT

 

      Sertich moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Thursday, March 12, 2009.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 18th Day - Monday, March 9, 2009 - Top of Page 744