Journal of the House - 5th Day - Thursday, January 20, 2011 - Top of Page 65

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

FIFTH DAY

 

Saint Paul, Minnesota, Thursday, January 20, 2011

 

 

      The House of Representatives convened at 3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.

 

      Prayer was offered by the Reverend David D. Colby, Central Presbyterian Church, St. Paul, Minnesota.

 

      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, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lenczewski

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

McDonald

McElfatrick

McFarlane

McNamara

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Rukavina

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Kahn; Laine; Lesch; Mariani; Mazorol and Smith were excused.

 

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


Journal of the House - 5th Day - Thursday, January 20, 2011 - Top of Page 66

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

McNamara from the Committee on Environment, Energy and Natural Resources Policy and Finance to which was referred: 

 

H. F. No. 1, A bill for an act relating to environment; providing for permitting efficiency; modifying environmental review requirements; amending Minnesota Statutes 2010, sections 84.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07, subdivision 2; 116D.04, subdivisions 3a, 10; 116D.045, subdivisions 1, 3.

 

Reported the same back with the following amendments: 

 

Page 1, delete line 22 and insert "due on August 1 must aggregate the data for the preceding fiscal year and assess"

 

Page 2, delete lines 13 to 22 and insert:

 

"(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may construct or install, prior to issuance of the permit, at the person's own risk, a disposal system or any part thereof, unless the action taken is: 

 

(1) prohibited by federal law or regulation;

 

(2) by a municipality constructing a wastewater system with a design capacity of 0.2 million gallons per day or less;

 

(3) subject to environmental review under Minnesota Rules, chapter 4410, and prohibited from commencing construction until that process is completed;

 

(4) receiving funding under Minnesota Rules, chapter 7077;

 

(5) required to obtain a construction storm water permit under Minnesota Rules, part 7090.2010; or

 

(6) required to be permitted as a subsurface sewage treatment system under Minnesota Rules, part 7081.0040, subpart 1, item B or C.

 

The person is prohibited from operating such a system or discharging pollutants into the waters of the state until a written permit for the discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications."

 

Page 3, delete lines 1 to 11 and insert: 

 

"(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may, prior to issuance of the permit, at the person's own risk, act to change, add to, or extend an existing disposal system or point source, or part thereof, unless the action taken is: 

 

(1) prohibited by federal law or regulation;

 

(2) by a municipality constructing a wastewater system with a design capacity of 0.2 million gallons per day or less;


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(3) subject to environmental review under Minnesota Rules, chapter 4410, and prohibited from commencing construction until that process is completed;

 

(4) receiving funding under Minnesota Rules, chapter 7077;

 

(5) required to obtain a construction storm water permit under Minnesota Rules, part 7090.2010; or

 

(6) required to be permitted as a subsurface sewage treatment system under Minnesota Rules, part 7081.0040, subpart 1, item B or C.

 

The person is prohibited from operating such a change, addition, or extension to an existing disposal system or discharging pollutants into the waters of the state until a written permit for the additional or increased discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications."

 

Page 3, delete line 27 and insert "due on August 1 must aggregate the data for the preceding fiscal year and assess"

 

Page 6, line 8, after "quality" insert ", solid waste,"

 

Page 6, line 9, after the first "chapter" insert a comma and after "115" insert a comma

 

Page 6, line 10, after "standard" insert "adopted under the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); or the Resource Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1)"

 

Page 6, line 20, before the period, insert ", except that, for a permit request subject to section 15.99, a final decision must be made within 60 days after final approval of an environmental impact statement" and strike "90-day" and insert "30-day"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 3, A bill for an act relating to education; establishing an alternative teacher preparation program and limited term teacher license; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 122A.09, subdivision 4, is amended to read: 

 

Subd. 4.  License and rules.  (a) The board must adopt rules to license public school teachers and interns subject to chapter 14.


Journal of the House - 5th Day - Thursday, January 20, 2011 - Top of Page 68

(b) The board must adopt rules requiring a person to successfully complete a skills examination in reading, writing, and mathematics as a requirement for initial teacher licensure.  Such rules must require college and universities offering a board-approved teacher preparation program to provide remedial assistance to persons who did not achieve a qualifying score on the skills examination, including those for whom English is a second language.

 

(c) The board must adopt rules to approve teacher preparation programs.  The board, upon the request of a postsecondary student preparing for teacher licensure or a licensed graduate of a teacher preparation program, shall assist in resolving a dispute between the person and a postsecondary institution providing a teacher preparation program when the dispute involves an institution's recommendation for licensure affecting the person or the person's credentials.  At the board's discretion, assistance may include the application of chapter 14.

 

(d) The board must provide the leadership and shall adopt rules for the redesign of teacher education programs to implement a research based, results-oriented curriculum that focuses on the skills teachers need in order to be effective.  The board shall implement new systems of teacher preparation program evaluation to assure program effectiveness based on proficiency of graduates in demonstrating attainment of program outcomes.  Teacher preparation programs including alternative teacher preparation programs under section 122A.245, among other programs, must include a performance-based assessment that measures teacher candidates in at least three areas and that requires candidates to: 

 

(1) plan instruction and assessment, and demonstrate their ability to organize curriculum, instruction, and assessment to help diverse students meet academic content standards and develop language for that content and to select, adapt, and design learning tasks and materials that offer students equitable access to content;

 

(2) demonstrate how to develop students' understanding of academic content, engage students in meaningful tasks, monitor students' understanding of those tasks, and use students' response to inform learning; and

 

(3) develop evaluation criteria aligned with core academic standards and identified learning objectives, analyze students' performance on assessments in the context of student needs and identified learning objectives, provide student feedback, and use the analysis to identify subsequent instructional content for individual students and classrooms of students.

 

(e) The board must adopt rules requiring candidates for initial licenses to successfully complete an examination of general pedagogical knowledge and examinations of licensure-specific teaching skills.  The rules shall be effective by September 1, 2001.  The rules under this paragraph also must require candidates for initial licenses to teach prekindergarten or elementary students to successfully complete, as part of the examination of licensure-specific teaching skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, scientifically based reading instruction under section 122A.06, subdivision 4, and their knowledge and understanding of the foundations of reading development, the development of reading comprehension, and reading assessment and instruction, and their ability to integrate that knowledge and understanding.

 

(f) The board must adopt rules requiring teacher educators to work directly with elementary or secondary school teachers in elementary or secondary schools to obtain periodic exposure to the elementary or secondary teaching environment.

 

(g) The board must grant licenses to interns and to candidates for initial licenses.

 

(h) The board must design and implement an assessment system which requires a candidate for an initial license and first continuing license to demonstrate the abilities necessary to perform selected, representative teaching tasks at appropriate levels.


Journal of the House - 5th Day - Thursday, January 20, 2011 - Top of Page 69

(i) The board must receive recommendations from local committees as established by the board for the renewal of teaching licenses.

 

(j) The board must grant life licenses to those who qualify according to requirements established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 214.10.  The board must not establish any expiration date for application for life licenses.

 

(k) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in the areas of using positive behavior interventions and in accommodating, modifying, and adapting curricula, materials, and strategies to appropriately meet the needs of individual students and ensure adequate progress toward the state's graduation rule.

 

(l) In adopting rules to license public school teachers who provide health-related services for disabled children, the board shall adopt rules consistent with license or registration requirements of the commissioner of health and the health-related boards who license personnel who perform similar services outside of the school.

 

(m) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further reading preparation, consistent with section 122A.06, subdivision 4.  The rules do not take effect until they are approved by law.  Teachers who do not provide direct instruction including, at least, counselors, school psychologists, school nurses, school social workers, audiovisual directors and coordinators, and recreation personnel are exempt from this section.

 

(n) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in understanding the key warning signs of early-onset mental illness in children and adolescents.

 

EFFECTIVE DATE.  This section is effective August 1, 2012, and applies to individuals who first enroll in a teacher preparation program in the 2012-2013 school year or later.

 

Sec. 2.  [122A.245] ALTERNATIVE TEACHER PREPARATION PROGRAM AND TEACHER LICENSE FOR QUALIFIED NONTRADITIONAL TEACHER CANDIDATES.

 

Subdivision 1.  Requirements.  (a) The Board of Teaching may approve teacher preparation programs that are an alternative to a postsecondary teacher preparation program and to the preparation program under section 122A.24 as a means of acquiring a two-year provisional license in order to meet the requirements for acquiring a standard license.  Programs must be sponsored by a school district with a written agreement signed by the school board and the local representative of the teachers or by a charter school with the written agreement of its licensed staff, in partnership with either: 

 

(1) a college or university with a board-approved alternative teacher preparation program; or

 

(2) a nonprofit corporation formed for an education-related purpose that is subject to chapter 317A and forms a partnership with a college or university with a board-approved teacher preparation program.

 

(b) A program approved under paragraph (a) may only offer this program if one of the following conditions exists: 

 

(1) a need for teachers exists based on the determination by a participating district or charter school that in the previous school year too few qualified candidates applied for the number of posted teacher positions;


Journal of the House - 5th Day - Thursday, January 20, 2011 - Top of Page 70

(2) the person having administrative control of the district or charter school determines that a need exists to have school staff more adequately reflect the ethnic and cultural diversity of the student population; or

 

(3) a need exists to reduce or eliminate the achievement gap as evidenced by student growth and achievement data reported under section 120B.35, subdivision 1.

 

(c) To participate in this program, a candidate must: 

 

(1) have a bachelor's degree with either a minimum 3.0 grade point average or meet other criteria specified by the Board of Teaching;

 

(2) pass the reading, writing, and mathematics skills examination under section 122A.09, subdivision 4, paragraph (b); and

 

(3) obtain qualifying scores on board-approved content area and pedagogy tests under section 122A.09, subdivision 4, paragraph (e).

 

Subd. 2.  Characteristics.  An alternative teacher preparation program offered by an eligible college or university or nonprofit corporation under this section must include: 

 

(1) a minimum 200-hour instructional phase that provides intensive preparation before the teacher candidate assumes classroom responsibilities;

 

(2) a research-based and results-oriented approach focused on best teaching practices to increase student proficiency and growth as measured against state academic standards;

 

(3) strategies to combine pedagogy and best teaching practices to better inform teachers' classroom instruction;

 

(4) assessment, supervision, and evaluation of the teacher candidate to determine the teacher candidate's specific needs throughout the program and to support the teacher candidate in successfully completing the program;

 

(5) formal instruction and intensive peer coaching during the school year that provide structured guidance and regular ongoing support;

 

(6) high-quality, sustained, intensive, and classroom-embedded staff development opportunities, conducted by a mentor or by a mentorship team that may include school administrators, teachers, and postsecondary faculty members, that are directed at improving student learning and achievement; and

 

(7) a requirement that teacher candidates demonstrate satisfactory progress toward receiving a standard license from the Board of Teaching at the time their provisional teaching license expires.

 

Subd. 3.  Program approval.  The Board of Teaching must approve alternative teacher preparation programs under this section based on board-adopted criteria that reflect best practices for alternative teacher preparation programs, consistent with this section.  The board must permit teacher candidates to demonstrate licensure competencies in school-based settings and through other nontraditional licensure pathways.

 

Subd. 4.  Employment conditions.  Conditions of employment for the teacher candidate under this section shall be established as part of the agreement under subdivision 1, paragraph (a), between the school board and the local representative of the teachers or the charter school and its licensed staff.


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Subd. 5.  Approval for standard license.  A local school site team that may include school administrators, teachers, and postsecondary faculty members must evaluate the performance of the teacher candidate under Minnesota Rules, part 8710.2000, and submit to the board an evaluation report recommending whether or not to issue an otherwise qualified teacher candidate a standard license.

 

Subd. 6.  Standard license.  The Board of Teaching may issue a standard license to an otherwise qualified teacher candidate under this section who successfully performs throughout the program and is recommended for licensure under subdivision 4.

 

Subd. 7.  Qualified teacher.  A person with a valid provisional teacher license under this section is the teacher of record and a qualified teacher within the meaning of section 122A.16.

 

Subd. 8.  Reports.  The Board of Teaching must submit an interim report on the efficacy of this program to the committees of the legislature with primary jurisdiction over kindergarten through grade 12 education policy and finance by February 15, 2013, and a final report by February 15, 2015.

 

EFFECTIVE DATE.  This section is effective for the 2011-2012 school year and later."

 

Delete the title and insert: 

 

"A bill for an act relating to education; establishing an alternative teacher preparation program and limited term teacher license; amending teacher candidate assessments; amending Minnesota Statutes 2010, section 122A.09, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 122A."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 4, A bill for an act relating to state government; requiring a reduction in the state workforce; creating an early retirement program; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

Reported the same back with the following amendments:  

 

Page 1, delete lines 8 to 13 and insert: 

 

"Subdivision 1.  Required reduction.  (a) The number of full-time equivalent employees employed in the executive branch, and the costs directly associated with employing those persons, must be reduced by at least 15 percent by June 30, 2015, and thereafter, compared to the number of full-time equivalent positions and the costs directly associated with those positions on July 1, 2011.

 

(b) An appointing authority may use any or all of the following to achieve this requirement:  early retirement, furloughs, layoffs, a hard hiring freeze, and restructuring pension programs to defined contribution programs.  The early retirement program in this section is enacted as a tool to assist in complying with the required 15 percent reduction.


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(c) For purposes of this section: 

 

(1) "costs directly associated" with employing people means the cost of salaries and benefits, including the costs of employer contributions to public pension plans; and

 

(2) "executive branch" does not include the Minnesota State Colleges and Universities."

 

Page 1, line 14, before "Following" insert "(a)"

 

Page 1, line 17, delete "minimum and"

 

Page 1, after line 22, insert: 

 

"(b) The commissioner of management and budget may allocate a maximum number of employees within each agency that may receive early retirement benefits under this section."

 

Page 1, line 24, after "date" insert "on or before June 30, 2015,"

 

Page 2, line 15, after "70," insert "but the person meets the other requirements of subdivision 3, clauses (1) to (3),"

 

Page 2, line 16, after the comma, insert "up to the amount necessary for the person's age and years of service to equal at least 70,"

 

Page 2, lines 21 and 23, delete "2" and insert "3"

 

Page 3, line 7, after "under" insert "the early retirement program in"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 8, A bill for an act relating to human services; establishing the healthy Minnesota contribution program; requiring plan to redesign service delivery for lower-income MinnesotaCare enrollees; amending Minnesota Statutes 2010, section 256L.05, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256L.

 

Reported the same back with the following amendments: 

 

Page 4, after line 10, insert: 

 

"Sec. 4.  DIRECTION TO COMMISSIONER; FEDERAL WAIVER.

 

The commissioner of human services shall apply to the Centers for Medicare and Medicaid Services for a federal waiver to cover eligible families with children under the MinnesotaCare healthy Minnesota contribution program established under Minnesota Statutes, section 256L.031, by July 1, 2011.  The commissioner shall report to the legislative committees with jurisdiction over health and human services policy and finance whether or not the federal waiver application was accepted within ten working days of receipt of the decision.


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

 

 

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

 

The report was adopted.

 

 

McNamara from the Committee on Environment, Energy and Natural Resources Policy and Finance to which was referred: 

 

H. F. No. 55, A bill for an act relating to state lands; modifying stream easement acquisition provisions; modifying state park, state forest, and land exchange provisions; adding to and deleting from state parks and state forests; authorizing public and private sales, conveyances, and exchanges of certain state land; amending Minnesota Statutes 2010, sections 84.0272, subdivision 2; 85.012, subdivision 40; 89.021, by adding a subdivision; 89.032, subdivision 2; 94.342, by adding a subdivision.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 63, A bill for an act relating to education; amending teacher licensure provisions; establishing an alternative teacher preparation program and limited-term teacher license; requiring reports; amending Minnesota Statutes 2010, sections 122A.16; 122A.23, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 122A.16, is amended to read: 

 

122A.16 HIGHLY QUALIFIED TEACHER DEFINED.

 

(a) A qualified teacher is one holding a valid license, under this chapter, to perform the particular service for which the teacher is employed in a public school.

 

(b) For the purposes of the federal No Child Left Behind Act, a highly qualified teacher is one who holds a valid license under this chapter, including under section 122A.245, among other sections, to perform the particular service for which the teacher is employed in a public school or who meets the requirements of a highly objective uniform state standard of evaluation (HOUSSE).

 

All Minnesota teachers teaching in a core academic subject area, as defined by the federal No Child Left Behind Act, in which they are not fully licensed may complete the following HOUSSE process in the core subject area for which the teacher is requesting highly qualified status by completing an application, in the form and manner described by the commissioner, that includes: 


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(1) documentation of student achievement as evidenced by norm-referenced test results that are objective and psychometrically valid and reliable;

 

(2) evidence of local, state, or national activities, recognition, or awards for professional contribution to achievement;

 

(3) description of teaching experience in the teachers' core subject area in a public school under a waiver, variance, limited license or other exception; nonpublic school; and postsecondary institution;

 

(4) test results from the Praxis II content test;

 

(5) evidence of advanced certification from the National Board for Professional Teaching Standards;

 

(6) evidence of the successful completion of course work or pedagogy courses; and

 

(7) evidence of the successful completion of high quality professional development activities.

 

Districts must assign a school administrator to serve as a HOUSSE reviewer to meet with teachers under this paragraph and, where appropriate, certify the teachers' applications.  Teachers satisfy the definition of highly qualified when the teachers receive at least 100 of the total number of points used to measure the teachers' content expertise under clauses (1) to (7).  Teachers may acquire up to 50 points only in any one clause (1) to (7).  Teachers may use the HOUSSE process to satisfy the definition of highly qualified for more than one subject area.

 

(c) Achievement of the HOUSSE criteria is not equivalent to a license.  A teacher must obtain permission from the Board of Teaching in order to teach in a public school.

 

Sec. 2.  Minnesota Statutes 2010, section 122A.23, subdivision 1, is amended to read: 

 

Subdivision 1.  Preparation equivalency.  When a license to teach is authorized to be issued to any holder of a diploma or a degree of a Minnesota state university, or of the University of Minnesota, or of a liberal arts university, or a technical training institution, such license may also, in the discretion of the Board of Teaching or the commissioner of education, whichever has jurisdiction, be issued to any holder of a diploma or a degree of a teacher training institution of equivalent rank and standing of any other state.  The diploma or degree must be granted by virtue of the completion of completing a course in teacher preparation essentially equivalent in content to that required by such Minnesota state university or the University of Minnesota or a liberal arts university in Minnesota or a technical training institution as preliminary to the granting of a diploma or a degree of the same rank and class.  An applicant who holds a diploma or degree that is not essentially equivalent may satisfy state licensure requirements by successfully completing a content-area examination under section 122A.09, subdivision 4, paragraph (e), in the content area that is not essentially equivalent.

 

Sec. 3.  [122A.245] ALTERNATIVE TEACHER PREPARATION PROGRAM AND LIMITED-TERM TEACHER LICENSE.

 

Subdivision 1.  Requirements.  (a) The Board of Teaching must approve qualified teacher preparation programs under this section that are a means to acquire a two-year limited-term license and to prepare for acquiring a standard license.  The following entities are eligible to participate under this section: 

 

(1) a school district or charter school that forms a partnership with a college or university that has a board-approved alternative teacher preparation program;


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(2) a school district or charter school that forms a partnership with a nonprofit corporation formed under chapter 317A for an education-related purpose that has a board-approved teacher preparation program; or

 

(3) a board-approved teacher preparation program within a district.

 

(b) Before participating in this program, a candidate must: 

 

(1) have a bachelor's degree;

 

(2) pass the reading, writing, and mathematics skills examination under section 122A.09, subdivision 4, paragraph (b); and

 

(3) obtain qualifying scores on board-approved content area and pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

 

Subd. 2.  Characteristics.  An alternative teacher preparation program under this section must include: 

 

(1) a minimum 200-hour instructional phase that provides intensive preparation before the teacher candidate assumes classroom responsibilities;

 

(2) a research-based and results-oriented approach focused on best teaching practices to increase student proficiency and growth measured against state academic standards;

 

(3) strategies to combine pedagogy and best teaching practices to better inform teacher candidates' classroom instruction;

 

(4) assessment, supervision, and evaluation of teacher candidates to determine their specific needs throughout the program and to support their efforts to successfully complete the program;

 

(5) intensive, ongoing, and multiyear professional learning opportunities that accelerate teacher candidates' professional growth, support student learning, and provide a workplace orientation, professional staff development, and mentoring and peer review focused on standards of professional practice and continuous professional growth; and

 

(6) a requirement that teacher candidates demonstrate to the local site team under subdivision 5 their satisfactory progress toward acquiring a standard license from the Board of Teaching.

 

Subd. 3.  Program approval.  The Board of Teaching must approve alternative teacher preparation programs under this section based on board-adopted criteria that reflect best practices for alternative teacher preparation programs, consistent with this section.  The board must permit teacher candidates to demonstrate mastery of pedagogy and content standards in school-based settings and through other nontraditional means.

 

Subd. 4.  Employment conditions.  Where applicable, teacher candidates with a limited-term license under this section are members of the local employee organization representing teachers and subject to the terms of the local collective bargaining agreement between the local representative of the teachers and the school board.

 

Subd. 5.  Approval for standard license.  A local site team that may include teachers, school administrators, or postsecondary faculty under subdivision 1, paragraph (a), clause (1), or staff of a participating nonprofit corporation under subdivision 1, paragraph (a), clause (2), must evaluate the performance of the teacher candidate.  The evaluation must be consistent with board-adopted performance measures, use the Minnesota state standards of effective practice for teachers established in rule, and include a report to the board recommending whether or not to issue the teacher candidate a standard license.


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Subd. 6.  Applicants trained in other states.  A person who successfully completes another state's alternative teacher preparation program may apply to the Board of Teaching for a standard license under subdivision 7.  A teacher candidate under this subdivision must successfully complete two years of classroom teaching before applying for the license.  The teacher candidate must request an evaluation and the local site team in the school where the teacher candidate taught must submit to the board a formal performance evaluation using methodology that the board determines is identical or substantially similar to the Minnesota state standards of effective practice for teachers, and the local site team must recommend to the board whether or not to issue the teacher candidate a standard license.

 

Subd. 7.  Standard license.  The Board of Teaching must issue a standard license to an otherwise qualified teacher candidate under this section who successfully performs throughout a program under this section, successfully completes all required skills, pedagogy, and content area examinations under section 122A.09, subdivision 4, paragraphs (a) and (e), and is recommended for licensure under subdivision 5 or 6.

 

Subd. 8.  Highly qualified or qualified teacher.  A person holding a valid limited-term license under this section is a highly qualified teacher and the teacher of record under section 122A.16.

 

Subd. 9.  Reports.  The Board of Teaching must submit an interim report on the efficacy of this program to the policy and finance committees of the legislature with jurisdiction over kindergarten through grade 12 education by February 15, 2013, and a final report by February 15, 2015.

 

EFFECTIVE DATE.  This section is effective for the 2011-2012 school year and later."

 

 

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

 

The report was adopted.

 

 

Davids from the Committee on Taxes to which was referred: 

 

H. F. No. 79, A bill for an act relating to taxes; individual income; conforming to the federal extension of the exclusion of dependent health care coverage to adult children through age 26 for tax year 2010; amending Minnesota Statutes 2010, section 290.01, subdivision 19.

 

Reported the same back with the following amendments: 

 

Page 2, line 16, delete everything after the first "of"

 

Page 2, delete lines 17 to 19

 

Page 2, line 20, delete "and of (ii)"

 

Page 2, after line 26, insert: 

 

"Sec. 2.  CORRECTED FORM W-2 NOT REQUIRED.

 

Employers who have prepared and distributed form W-2, wage and tax statement, for tax year 2010, that reported to employees the amount of health coverage provided to adult children under age 27 includible in net income under prior law, are not required to prepare and distribute corrected tax year 2010 form W-2."

 

 

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

 

The report was adopted.


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

 

H. F. No. 125, A bill for an act relating to state government finance; making reductions to executive branch agencies and the legislature.

 

Reported the same back with the following amendments: 

 

Page 1, after line 4, insert: 

 

"Section 1.  [43A.175] SALARY FREEZE.

 

(a) Effective July 1, 2011, a state employee may not receive a salary or wage increase.  This section prohibits any increases, including but not limited to across-the-board increases, cost-of-living adjustments, increases based on longevity, step increases, increases in the form of lump-sum payments, increases in employer contributions to deferred compensation plans, or any other pay grade adjustments of any kind.  This section does not prohibit an increase in the rate of salary and wages for an employee who is promoted or transferred to a position with greater responsibilities and with a higher salary or wage rate.

 

(b) A state appointing authority may not enter into a collective bargaining agreement or implement a compensation plan that increases salary or wages in a manner prohibited by this section.  Neither a state appointing authority nor an exclusive representative of state employees may request interest arbitration in relation to an increase in salary or wages that is prohibited by this section, and an arbitrator may not issue an award that would increase salary or wages in a manner prohibited by this section.

 

EFFECTIVE DATE.  Paragraph (a) is effective June 30, 2011.  Paragraph (b) is effective the day following final enactment."

 

Page 1, line 7, delete "$200,000,000" and insert "$199,236,000"

 

Page 2, delete line 6

 

Page 2, line 7, delete "$......." and insert "$96,000"

 

Page 2, delete line 8

 

Page 2, line 9, delete "$......." and insert "$41,000"

 

Page 2, line 10, delete "$......." and insert "$500,000"

 

Page 2, line 11, delete "$......." and insert "$127,000"

 

Renumber the sections in sequence

 

Renumber the subdivisions in sequence

 

Amend the title as follows: 

 

Page 1, line 2, after the semicolon, insert "implementing a salary freeze;"

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.


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

 

H. F. No. 127, A bill for an act relating to state government; instituting a salary and wage freeze for state employees; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

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

 

The report was adopted.

 

 

Abeler from the Committee on Health and Human Services Finance to which was referred: 

 

H. F. No. 128, A bill for an act relating to state government finance; making appropriation reductions to human services; amending Minnesota Statutes 2010, section 256B.766.

 

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

 

The report was adopted.

 

 

Davids from the Committee on Taxes to which was referred: 

 

H. F. No. 129, A bill for an act relating to state government finance; making changes to tax aids and credits and reducing payments; amending Minnesota Statutes 2010, sections 270A.03, subdivision 7; 273.1384, subdivision 6; 289A.50, subdivision 1; 290.01, subdivision 6; 290A.03, subdivisions 11, 13; 290C.07; 477A.013, subdivision 9; 477A.03; proposing coding for new law in Minnesota Statutes, chapter 477A; repealing Minnesota Statutes 2010, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06, subdivision 23.

 

Reported the same back with the following amendments: 

 

Page 1, after line 9, insert: 

 

"ARTICLE 1

TAX AIDS AND CREDITS"

 

Page 6, line 24, delete "47.8515" and insert "48.5358"

 

Page 8, after line 10, insert: 

 

"ARTICLE 2

FEDERAL UPDATE

 

Section 1.  Minnesota Statutes 2010, section 289A.02, subdivision 7, is amended to read: 

 

Subd. 7.  Internal Revenue Code.  Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through March 18, 2010 September 27, 2010.

 

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


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Sec. 2.  Minnesota Statutes 2010, section 290.01, subdivision 19, is amended to read: 

 

Subd. 19.  Net income.  The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.

 

In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that: 

 

(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;

 

(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and

 

(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.

 

The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.

 

The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.

 

The Internal Revenue Code of 1986, as amended through March 18, 2010 September 27, 2010, shall be in effect for taxable years beginning after December 31, 1996.  The provisions of the act of January 22, 2010, Public Law 111-126, to accelerate the benefits for charitable cash contributions for the relief of victims of the Haitian earthquake, are effective at the same time it became effective for federal purposes and apply to the subtraction under subdivision 19b, clause (6).

 

Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19 to 19f mean the code in effect for purposes of determining net income for the applicable year.

 

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

 

Sec. 3.  Minnesota Statutes 2010, section 290.01, subdivision 19a, is amended to read: 

 

Subd. 19a.  Additions to federal taxable income.  For individuals, estates, and trusts, there shall be added to federal taxable income: 

 

(1)(i) interest income on obligations of any state other than Minnesota or a political or governmental subdivision, municipality, or governmental agency or instrumentality of any state other than Minnesota exempt from federal income taxes under the Internal Revenue Code or any other federal statute; and

 

(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue Code, except: 


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(A) the portion of the exempt-interest dividends exempt from state taxation under the laws of the United States; and

 

(B) the portion of the exempt-interest dividends derived from interest income on obligations of the state of Minnesota or its political or governmental subdivisions, municipalities, governmental agencies or instrumentalities, but only if the portion of the exempt-interest dividends from such Minnesota sources paid to all shareholders represents 95 percent or more of the exempt-interest dividends, including any dividends exempt under subitem (A), that are paid by the regulated investment company as defined in section 851(a) of the Internal Revenue Code, or the fund of the regulated investment company as defined in section 851(g) of the Internal Revenue Code, making the payment; and

 

(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal government described in section 7871(c) of the Internal Revenue Code shall be treated as interest income on obligations of the state in which the tribe is located;

 

(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid or accrued within the taxable year under this chapter and the amount of taxes based on net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other state or to any province or territory of Canada, to the extent allowed as a deduction under section 63(d) of the Internal Revenue Code, but the addition may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code.  For the purpose of this paragraph, the disallowance of itemized deductions under section 68 of the Internal Revenue Code of 1986, income, sales and use, motor vehicle sales, or excise taxes are the last itemized deductions disallowed;

 

(3) the capital gain amount of a lump-sum distribution to which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;

 

(4) the amount of income taxes paid or accrued within the taxable year under this chapter and taxes based on net income paid to any other state or any province or territory of Canada, to the extent allowed as a deduction in determining federal adjusted gross income.  For the purpose of this paragraph, income taxes do not include the taxes imposed by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;

 

(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10 other than expenses or interest used in computing net interest income for the subtraction allowed under subdivision 19b, clause (1);

 

(6) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

 

(7) 80 percent of the depreciation deduction allowed under section 168(k) of the Internal Revenue Code.  For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) over the amount of the loss from the activity that is not allowed in the taxable year.  In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) is allowed;

 

(8) for taxable years beginning before January 1, 2011, 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;


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(9) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

 

(10) for taxable years beginning before January 1, 2013, the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

 

(11) the amount of expenses disallowed under section 290.10, subdivision 2;

 

(12) the amount deducted for qualified tuition and related expenses under section 222 of the Internal Revenue Code, to the extent deducted from gross income;

 

(13) the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from gross income;

 

(14) the additional standard deduction for property taxes payable that is allowable under section 63(c)(1)(C) of the Internal Revenue Code;

 

(15) the additional standard deduction for qualified motor vehicle sales taxes allowable under section 63(c)(1)(E) of the Internal Revenue Code;

 

(16) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code; and

 

(17) the amount of unemployment compensation exempt from tax under section 85(c) of the Internal Revenue Code.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2009.

 

Sec. 4.  Minnesota Statutes 2010, section 290.01, subdivision 19c, is amended to read: 

 

Subd. 19c.  Corporations; additions to federal taxable income.  For corporations, there shall be added to federal taxable income: 

 

(1) the amount of any deduction taken for federal income tax purposes for income, excise, or franchise taxes based on net income or related minimum taxes, including but not limited to the tax imposed under section 290.0922, paid by the corporation to Minnesota, another state, a political subdivision of another state, the District of Columbia, or any foreign country or possession of the United States;

 

(2) interest not subject to federal tax upon obligations of:  the United States, its possessions, its agencies, or its instrumentalities; the state of Minnesota or any other state, any of its political or governmental subdivisions, any of its municipalities, or any of its governmental agencies or instrumentalities; the District of Columbia; or Indian tribal governments;

 

(3) exempt-interest dividends received as defined in section 852(b)(5) of the Internal Revenue Code;

 

(4) the amount of any net operating loss deduction taken for federal income tax purposes under section 172 or 832(c)(10) of the Internal Revenue Code or operations loss deduction under section 810 of the Internal Revenue Code;

 

(5) the amount of any special deductions taken for federal income tax purposes under sections 241 to 247 and 965 of the Internal Revenue Code;


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(6) losses from the business of mining, as defined in section 290.05, subdivision 1, clause (a), that are not subject to Minnesota income tax;

 

(7) the amount of any capital losses deducted for federal income tax purposes under sections 1211 and 1212 of the Internal Revenue Code;

 

(8) the exempt foreign trade income of a foreign sales corporation under sections 921(a) and 291 of the Internal Revenue Code;

 

(9) the amount of percentage depletion deducted under sections 611 through 614 and 291 of the Internal Revenue Code;

 

(10) for certified pollution control facilities placed in service in a taxable year beginning before December 31, 1986, and for which amortization deductions were elected under section 169 of the Internal Revenue Code of 1954, as amended through December 31, 1985, the amount of the amortization deduction allowed in computing federal taxable income for those facilities;

 

(11) the amount of any deemed dividend from a foreign operating corporation determined pursuant to section 290.17, subdivision 4, paragraph (g).  The deemed dividend shall be reduced by the amount of the addition to income required by clauses (20), (21), (22), and (23);

 

(12) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

 

(13) the amount of net income excluded under section 114 of the Internal Revenue Code;

 

(14) any increase in subpart F income, as defined in section 952(a) of the Internal Revenue Code, for the taxable year when subpart F income is calculated without regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;

 

(15) 80 percent of the depreciation deduction allowed under section 168(k)(1)(A) and (k)(4)(A) of the Internal Revenue Code.  For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k)(1)(A) and (k)(4)(A) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)(1)(A) and (k)(4)(A)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k)(1)(A) and (k)(4)(A) over the amount of the loss from the activity that is not allowed in the taxable year.  In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k)(1)(A) and (k)(4)(A) is allowed;

 

(16) for taxable years beginning before January 1, 2011, 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;

 

(17) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

 

(18) for taxable years beginning before January 1, 2013, the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

 

(19) the amount of expenses disallowed under section 290.10, subdivision 2;


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(20) an amount equal to the interest and intangible expenses, losses, and costs paid, accrued, or incurred by any member of the taxpayer's unitary group to or for the benefit of a corporation that is a member of the taxpayer's unitary business group that qualifies as a foreign operating corporation.  For purposes of this clause, intangible expenses and costs include: 

 

(i) expenses, losses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property;

 

(ii) losses incurred, directly or indirectly, from factoring transactions or discounting transactions;

 

(iii) royalty, patent, technical, and copyright fees;

 

(iv) licensing fees; and

 

(v) other similar expenses and costs.

 

For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade secrets, and similar types of intangible assets.

 

This clause does not apply to any item of interest or intangible expenses or costs paid, accrued, or incurred, directly or indirectly, to a foreign operating corporation with respect to such item of income to the extent that the income to the foreign operating corporation is income from sources without the United States as defined in subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code;

 

(21) except as already included in the taxpayer's taxable income pursuant to clause (20), any interest income and income generated from intangible property received or accrued by a foreign operating corporation that is a member of the taxpayer's unitary group.  For purposes of this clause, income generated from intangible property includes: 

 

(i) income related to the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property;

 

(ii) income from factoring transactions or discounting transactions;

 

(iii) royalty, patent, technical, and copyright fees;

 

(iv) licensing fees; and

 

(v) other similar income.

 

For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade secrets, and similar types of intangible assets.

 

This clause does not apply to any item of interest or intangible income received or accrued by a foreign operating corporation with respect to such item of income to the extent that the income is income from sources without the United States as defined in subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code;

 

(22) the dividends attributable to the income of a foreign operating corporation that is a member of the taxpayer's unitary group in an amount that is equal to the dividends paid deduction of a real estate investment trust under section 561(a) of the Internal Revenue Code for amounts paid or accrued by the real estate investment trust to the foreign operating corporation;


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(23) the income of a foreign operating corporation that is a member of the taxpayer's unitary group in an amount that is equal to gains derived from the sale of real or personal property located in the United States;

 

(24) the additional amount allowed as a deduction for donation of computer technology and equipment under section 170(e)(6) of the Internal Revenue Code, to the extent deducted from taxable income; and

 

(25) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2009.

 

Sec. 5.  Minnesota Statutes 2010, section 290.01, subdivision 31, is amended to read: 

 

Subd. 31.  Internal Revenue Code.  Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through March 18, 2010 September 27, 2010.  Internal Revenue Code also includes any uncodified provision in federal law that relates to provisions of the Internal Revenue Code that are incorporated into Minnesota law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment except that the changes incorporated by federal changes are effective at the same time as the changes were effective for federal purposes.

 

Sec. 6.  Minnesota Statutes 2010, section 290A.03, subdivision 15, is amended to read: 

 

Subd. 15.  Internal Revenue Code.  "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through March 18, 2010 September 27, 2010.

 

EFFECTIVE DATE.  This section is effective for property tax refunds based on property taxes payable on or after December 31, 2010, and rent paid on or after December 31, 2009.

 

Sec. 7.  CORRECTED FORM W-2 NOT REQUIRED.

 

Employers who have prepared and distributed form W-2, wage and tax statement, for tax year 2010, that reported to employees the amount of health coverage provided to adult children under age 27 includable in net income under prior law, are not required to prepare and distribute corrected tax year 2010 form W-2."

 

Amend the title as follows: 

 

Page 1, line 3, after the semicolon, insert "conforming to certain changes in the Internal Revenue Code;"

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Hackbarth introduced:

 

      H. F. No. 131, 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 and Crime Prevention Policy and Finance.

 

 

      Hackbarth introduced:

 

      H. F. No. 132, A bill for an act relating to natural resources; providing for citizen oversight of certain natural resources fund accounts; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 84.

 

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

 

 

      Fritz introduced:

 

      H. F. No. 133, A bill for an act relating to education; allowing trial placements for eligible children at the Minnesota State Academies; amending Minnesota Statutes 2010, section 125A.69, subdivision 1.

 

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

 

 

      Woodard, Slocum, Erickson and Norton introduced:

 

      H. F. No. 134, A bill for an act relating to education; modifying charter authorizer approval deadline; amending Minnesota Statutes 2010, section 124D.10, subdivision 3.

 

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

 

 

      Hackbarth introduced:

 

      H. F. No. 135, A bill for an act relating to natural resources; modifying authority to regulate wells; amending Minnesota Statutes 2010, sections 110A.02, subdivision 4; 412.221, subdivision 11.

 

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


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      Morrow introduced:

 

      H. F. No. 136, A bill for an act relating to veterans; extending eligibility for gold star motor vehicle license plates to include children and siblings of persons who have died while serving in active military service; amending Minnesota Statutes 2010, section 168.1253, subdivision 1.

 

      The bill was read for the first time and referred to the Veterans Services Division.

 

 

      Ward introduced:

 

      H. F. No. 137, A bill for an act relating to natural resources; naming the Terry McGaughey Memorial Bridge.

 

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

 

 

      Ward introduced:

 

      H. F. No. 138, A bill for an act relating to taxation; increasing the permitted holding period for exempt property held for economic development for certain cities; amending Minnesota Statutes 2010, section 272.02, subdivision 39.

 

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

 

 

      Dill introduced:

 

      H. F. No. 139, A bill for an act relating to capital investment; appropriating money for the development of Lake Vermillion State Park; authorizing the sale and issuance of state bonds.

 

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

 

 

      Cornish and Kieffer introduced:

 

      H. F. No. 140, A bill for an act relating to public safety; clarifying approved security motor vehicle and uniform markings; amending Minnesota Statutes 2010, sections 169.98, subdivision 3; 626.88, subdivision 2.

 

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

 

 

      Cornish and Kieffer introduced:

 

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

 

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


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      O'Driscoll; Banaian; Anderson, P., and Gottwalt introduced:

 

      H. F. No. 142, A bill for an act relating to taxation; property; restoring green acres and agricultural classifications to pre-2008 status; amending Minnesota Statutes 2010, sections 273.111, subdivisions 3, 11a; 273.13, subdivision 23; repealing Minnesota Statutes 2010, sections 273.1108; 273.111, subdivisions 3a, 4, 8, 9, 9a, 11; 273.114; 273.1384, subdivision 2; Laws 2008, chapter 366, article 6, section 52.

 

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

 

 

      Anderson, P., introduced:

 

      H. F. No. 143, A bill for an act relating to taxation; minerals; Glenwood Township; amending Minnesota Statutes 2010, section 298.75, by adding a subdivision.

 

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

 

 

      Hilty introduced:

 

      H. F. No. 144, A bill for an act relating to state lands; authorizing public and private sale of certain tax-forfeited land.

 

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

 

 

      Hilty introduced:

 

      H. F. No. 145, A bill for an act relating to unemployment insurance; modifying eligibility for children of business owners; amending Minnesota Statutes 2010, section 268.085, subdivision 9.

 

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

 

 

      Hilty and Murphy, M., introduced:

 

      H. F. No. 146, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land bordering public waters.

 

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

 

 

      Buesgens, Peppin and Hackbarth introduced:

 

      H. F. No. 147, A bill for an act relating to the legislature; requiring the full house of representatives and the full senate to approve per diem and expense reimbursements for their members; amending Minnesota Statutes 2010, sections 3.099, subdivision 1; 3.101.

 

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


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      Kiffmeyer and Anderson, P., introduced:

 

      H. F. No. 148, A bill for an act relating to taxation; property; restoring green acres and agricultural classifications to pre-2008 status; creating green acres working group; providing appointments; amending Minnesota Statutes 2010, sections 273.111, subdivisions 3, 11a; 273.13, subdivision 23; repealing Minnesota Statutes 2010, sections 273.1108; 273.111, subdivisions 3a, 4, 8, 9, 9a, 11; 273.114; 273.1384, subdivision 2; Laws 2008, chapter 366, article 6, section 52.

 

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

 

 

      Cornish, Woodard, Smith, Kriesel, Hackbarth and Sanders introduced:

 

      H. F. No. 149, A bill for an act relating to public safety; providing health care to survivors of peace officers or firefighters killed in line of duty; amending Minnesota Statutes 2010, section 299A.465, subdivision 2.

 

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

 

 

      Rukavina, Paymar, Knuth and Tillberry introduced:

 

      H. F. No. 150, A bill for an act relating to state finance; requiring the commissioner of management and budget to adjust for projected inflation in forecasting state expenditures; amending Minnesota Statutes 2010, section 16A.103, subdivisions 1a, 1b.

 

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

 

 

      Cornish, Kriesel and Kieffer introduced:

 

      H. F. No. 151, A bill for an act relating to public safety; requiring the commissioner of corrections to post information on the Internet for all predatory offenders; amending Minnesota Statutes 2010, section 244.052, subdivisions 4, 4b.

 

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

 

 

      Cornish and Kieffer introduced:

 

      H. F. No. 152, A bill for an act relating to public safety; creating the crime of criminal possession or sale of identification documents; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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


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      Hortman; Dittrich; Petersen, B.; Abeler and Hausman introduced:

 

      H. F. No. 153, A bill for an act relating to capital investment; appropriating money for improvements to the Coon Rapids Dam; authorizing the sale and issuance of state bonds.

 

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

 

 

      Cornish, Rukavina, Dill, Anzelc, Fabian and Anderson, B., introduced:

 

      H. F. No. 154, A resolution memorializing Congress to delist the gray wolf from the Endangered Species Act.

 

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

 

 

      Benson, J.; Scalze; Falk; Tillberry and Slocum introduced:

 

      H. F. No. 155, A bill for an act relating to taxation; abolishing levy limits; amending Minnesota Statutes 2010, sections 275.065, subdivision 3; 275.16; 275.62, subdivision 1; 473.167, subdivision 3; 473.249, subdivision 1; 473.253, subdivision 1; repealing Minnesota Statutes 2010, sections 275.70; 275.71, subdivisions 1, 2, 4, 5, 6; 275.72; 275.73; 275.74; 275.75.

 

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

 

 

      Ward and Howes introduced:

 

      H. F. No. 156, A bill for an act relating to public finance; altering school district referendum market value tax base; modifying taxation of seasonal recreational property; amending Minnesota Statutes 2010, sections 126C.01, subdivision 3; 275.025, subdivisions 1, 4; repealing Minnesota Statutes 2010, section 275.025, subdivision 3.

 

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

 

 

      Ward introduced:

 

      H. F. No. 157, A bill for an act relating to capital investment; appropriating money for a new veterans nursing home in Brainerd; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Veterans Services Division.

 

 

      Anzelc, Rukavina, Dill, Gunther and Howes introduced:

 

      H. F. No. 158, A bill for an act relating to economic development; requiring domestic materials as a condition of using public funds for infrastructure in certain cases.

 

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


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      Davids introduced:

 

      H. F. No. 159, A bill for an act relating to capital investment; eliminating the match requirement for the city of Hokah project; amending Laws 2008, chapter 179, section 24, subdivision 4.

 

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

 

 

      Drazkowski; Anderson, S.; Quam; Benson, M.; Norton; Davids and Kelly introduced:

 

      H. F. No. 160, A bill for an act relating to natural resources; appropriating money for the restoration of Lake Zumbro and Schmidt Lake.

 

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

 

 

      Drazkowski; Kiffmeyer; Beard; Cornish; Gottwalt; Benson, M.; Vogel; Daudt and Shimanski introduced:

 

      H. F. No. 161, A bill for an act relating to firearms; extending time period for renewal of permit to purchase firearm from federally licensed dealer; amending Minnesota Statutes 2010, section 624.7131, subdivision 6.

 

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

 

 

      Drazkowski; Gottwalt; Benson, M.; Kieffer and Vogel introduced:

 

      H. F. No. 162, A bill for an act relating to local government; authorizing political subdivisions to publish proceedings, official notices, and summaries on their Web sites in lieu of newspaper publication; amending Minnesota Statutes 2010, section 331A.12.

 

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

 

 

      Drazkowski, Kiffmeyer, Kieffer, Beard, Vogel and Shimanski introduced:

 

      H. F. No. 163, A bill for an act relating to education finance; permanently repealing the mandated reserve of school district revenue for staff development programs; repealing Minnesota Statutes 2010, sections 122A.60; 122A.61.

 

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

 

 

      Lillie introduced:

 

      H. F. No. 164, A bill for an act relating to taxation; individual income; providing a military retirement pay subtraction; amending Minnesota Statutes 2010, sections 290.01, subdivision 19b; 290.091, subdivision 2.

 

      The bill was read for the first time and referred to the Veterans Services Division.


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      Simon, Sanders, Kelly and Nelson introduced:

 

      H. F. No. 165, A bill for an act relating to elections; authorizing certain persons who are 17 years old to vote in a primary; amending Minnesota Statutes 2010, section 201.014, by adding a subdivision.

 

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

 

 

      Clark and Gunther introduced:

 

      H. F. No. 166, A bill for an act relating to residential construction; providing for lead poisoning prevention; modifying effective dates; amending Laws 2010, chapter 321, sections 1; 2; 3.

 

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

 

 

      Clark, Hayden, Huntley and Champion introduced:

 

      H. F. No. 167, A bill for an act relating to public health; requiring the commissioner of health to research and report on autism; requiring the Department of Human Services to train autism service providers; requiring notification of autism service options for medical assistance and MinnesotaCare recipients; proposing coding for new law in Minnesota Statutes, chapter 256.

 

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

 

 

      Ward introduced:

 

      H. F. No. 168, A bill for an act relating to pupil transportation; providing for requirements to authorize and regulate private carriers of pupils; making technical changes; amending Minnesota Statutes 2010, sections 169.011, subdivision 71, by adding subdivisions; 169.442, subdivision 1; 169.443, subdivision 3; 171.01, by adding a subdivision; 171.321, subdivisions 4, 5; 221.031, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 169.

 

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

 

 

      Falk introduced:

 

      H. F. No. 169, A bill for an act relating to game and fish; allowing portable deer stands to be erected and left unattended on public lands during deer season; amending Minnesota Statutes 2010, section 97B.326.

 

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

 

 

      Daudt; Drazkowski; Bills; Lohmer; Kieffer; Petersen, B.; Kiffmeyer; Hancock; Vogel; Myhra; Franson; Gottwalt; Dettmer; Crawford; Gunther; Gruenhagen; Cornish; Erickson; Kelly; Fabian and Shimanski introduced:

 

      H. F. No. 170, A bill for an act relating to energy; abolishing prohibition on issuing certificate of need for new nuclear power plant; amending Minnesota Statutes 2010, section 216B.243, subdivision 3b.

 

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


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      Daudt, Gottwalt, Abeler, Cornish, Vogel, Hancock, Crawford, Myhra, Franson, McElfatrick, Dettmer, Drazkowski, Gunther, Gruenhagen, LeMieur, Lohmer, Erickson, Garofalo, Kelly, Westrom, Fabian and Shimanski introduced:

 

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

 

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

 

 

      Benson, J.; Tillberry; Slocum; Laine; Peterson, S.; Gauthier; Wagenius; Huntley; Moran; Ward; Johnson; Lillie; Persell; Lesch; Hosch; Marquart; Fritz; Slawik; Mahoney; Nelson; Poppe; Hausman; Scalze; Hornstein; Greene; Mariani; Carlson; Clark and Murphy, M., introduced:

 

      H. F. No. 172, A bill for an act relating to education; establishing a minimum school counselor to student ratio; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

 

      Peppin; Downey; Loon; Quam; Holberg; Anderson, S.; Buesgens; Zellers and Sanders introduced:

 

      H. F. No. 173, A bill for an act relating to state government; creating the Sunset Commission; providing for sunset and review of state agencies; proposing coding for new law as Minnesota Statutes, chapter 3D.

 

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

 

 

      Peppin; Zellers; Anderson, S.; Holberg; Downey; Quam and Sanders introduced:

 

      H. F. No. 174, A bill for an act relating to state government; requiring the Department of Revenue to issue a request for proposals for a tax analytics and business intelligence contract.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Fabian moved that the names of Dill and Drazkowski be added as authors on H. F. No. 1.  The motion prevailed.

 

      Mariani moved that the name of Persell be added as an author on H. F. No. 3.  The motion prevailed.

 

      Downey moved that the names of Peppin and Gruenhagen be added as authors on H. F. No. 4.  The motion prevailed.

 

      Gottwalt moved that the names of Kelly and Schomacker be added as authors on H. F. No. 8.  The motion prevailed.

 

      Norton moved that the name of Kahn be added as an author on H. F. No. 40.  The motion prevailed.


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      Fritz moved that the name of Hayden be added as an author on H. F. No. 43.  The motion prevailed.

 

      Mariani moved that the name of Hayden be added as an author on H. F. No. 44.  The motion prevailed.

 

      Mariani moved that the name of Hayden be added as an author on H. F. No. 45.  The motion prevailed.

 

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

 

      Mariani moved that the name of Hayden be added as an author on H. F. No. 47.  The motion prevailed.

 

      Hayden moved that the name of Kahn be added as an author on H. F. No. 51.  The motion prevailed.

 

      Kriesel moved that the names of O'Driscoll, Gruenhagen and Myhra be added as authors on H. F. No. 57.  The motion prevailed.

 

      Downey moved that the name of Holberg be added as an author on H. F. No. 67.  The motion prevailed.

 

      Drazkowski moved that the name of Peppin be added as an author on H. F. No. 69.  The motion prevailed.

 

      Beard moved that the name of Peppin be added as an author on H. F. No. 72.  The motion prevailed.

 

      Hackbarth moved that the name of Gruenhagen be added as an author on H. F. No. 75.  The motion prevailed.

 

      Banaian moved that the name of Holberg be added as an author on H. F. No. 76.  The motion prevailed.

 

      Davids moved that the name of Holberg be added as an author on H. F. No. 79.  The motion prevailed.

 

      Dettmer moved that the names of Holberg, Morrow and Anderson, S., be added as authors on H. F. No. 82.  The motion prevailed.

 

      Doepke moved that the name of Norton be added as an author on H. F. No. 88.  The motion prevailed.

 

      Benson, M., moved that the name of Holberg be added as an author on H. F. No. 89.  The motion prevailed.

 

      Urdahl moved that the names of McDonald and Dettmer be added as authors on H. F. No. 94.  The motion prevailed.

 

      Davids moved that the name of Kiffmeyer be added as an author on H. F. No. 96.  The motion prevailed.

 

      Anzelc moved that the name of Ward be added as an author on H. F. No. 99.  The motion prevailed.

 

      Urdahl moved that the name of Morrow be added as an author on H. F. No. 101.  The motion prevailed.

 

      Mahoney moved that the name of Brynaert be added as an author on H. F. No. 102.  The motion prevailed.

 

      Murray moved that the names of Dettmer; Kiffmeyer; Anderson, S., and Nelson be added as authors on H. F. No. 103.  The motion prevailed.

 

      Hansen moved that the names of Morrow and Brynaert be added as authors on H. F. No. 109.  The motion prevailed.


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      Kahn moved that the name of Knuth be added as an author on H. F. No. 110.  The motion prevailed.

 

      Barrett moved that the names of Kiffmeyer and Nelson be added as authors on H. F. No. 114.  The motion prevailed.

 

      Barrett moved that the name of Holberg be added as an author on H. F. No. 115.  The motion prevailed.

 

      Peterson, S., moved that the names of Paymar and Mariani be added as authors on H. F. No. 117.  The motion prevailed.

 

      Morrow moved that the names of Norton, Erickson and Mariani be added as authors on H. F. No. 121.  The motion prevailed.

 

      McNamara moved that the name of Holberg be added as an author on H. F. No. 127.  The motion prevailed.

 

      Holberg moved that the name of Downey be added as an author on H. F. No. 130.  The motion prevailed.

 

      McNamara moved that H. F. No. 5 be recalled from the Committee on Government Operations and Elections and be re-referred to the Committee on State Government Finance.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the McNamara motion and the roll was called.  There were 68 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Loon

Mack

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Gottwalt

Greene

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kath

Knuth

Koenen

Lenczewski

Liebling

Lillie

Loeffler

Lohmer

Mahoney

Marquart

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

      The motion prevailed.


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IN MEMORIAM

 

      The members of the House of Representatives paused for a moment of silence in memory of former Representative Merlyn Valan of Moorhead, Minnesota, who served from 1979 to 1986 and former Representative Marvin K. Dauner of Hawley, Minnesota, who served from 1987 to 1996, both of whom recently passed away.

 

 

ADJOURNMENT

 

      Dean moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, January 24, 2011.  The motion prevailed.

 

      Dean moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, January 24, 2011.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



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