Journal of the House - 10th Day - Wednesday, February 2, 2011

A quorum was present.

Atkins, Cornish, Dill, Hilstrom, Kahn, Laine, Liebling, Mahoney, Norton, Smith and Thissen were excused.

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

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

Holberg from the Committee on Ways and Means 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 13.7411, by adding a subdivision; 84.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07, subdivision 2; 116D.04, subdivisions 3a, 10, by adding a subdivision; 116D.045, subdivisions 1, 3.

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

The report was adopted.

Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 15, A bill for an act relating to taxation; individual income; veterans; creating a subtraction for military pensions; amending Minnesota Statutes 2010, sections 290.01, subdivision 19b; 290.091, subdivision 2.

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

The report was adopted.

Holberg from the Committee on Ways and Means 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 following amendments:

Page 12, after line 23, insert:

"(e) The county auditor shall first offer the land identified as parcel number 94-026-2020 in paragraph (c) to the Fond du Lac Band of Lake Superior Chippewa for sale at the appraised value. The cost of any survey or appraisal must be added to and made a part of the appraised value."

With the recommendation that when so amended the bill pass.

The report was adopted.

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Garofalo from the Committee on Education Finance 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:

Page 2, line 32, delete "a" and delete "examination" and insert "and pedagogy examinations"

Page 2, line 33, delete "area" and insert "and pedagogy areas" and delete "is" and insert "are"

Page 3, line 17, after "on" insert "applicable"

Page 4, line 9, delete "local" and insert "exclusive" and after the period, insert "A collective bargaining agreement between a school board and the exclusive representative of the teachers must not prevent or restrict or otherwise interfere with a school district's ability to employ a teacher prepared under this section."

Page 4, line 10, delete "may include" and insert "includes"

Page 4, line 11, after "teachers" delete the comma and insert "and" and delete "or" and insert "and that may include"

Page 4, line 15, after "practice" insert "and subject matter content standards"

Page 4, line 23, after "candidate" insert "last"

Page 4, line 32, delete "or qualified"

Page 5, after line 4, insert:

"Sec. 4. REPEALER.

Minnesota Statutes 2010, section 122A.24, is repealed.

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

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

H. F. No. 72, A bill for an act relating to energy; removing ban on increased carbon dioxide emissions by utilities; amending Minnesota Statutes 2010, section 216H.02, subdivision 4; repealing Minnesota Statutes 2010, section 216H.03.

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

The report was adopted.

Holberg from the Committee on Ways and Means 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, after line 28, insert:

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

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 82, A bill for an act relating to taxation; individual income; providing a phased-in subtraction for military retirement pay; amending Minnesota Statutes 2010, sections 290.01, subdivision 19b; 290.091, subdivision 2.

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

The report was adopted.

Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 99, A bill for an act relating to taxation; property; exempting property owned and operated by a veterans organization; amending Minnesota Statutes 2010, section 272.02, by adding a subdivision.

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 1, line 18, delete "$15,000" and insert "$25,000"

Page 2, line 6, delete "$5,000" and insert "$10,000"

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Amend the title as follows:

Page 1, line 3, after "all" insert "risk level II and III"

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

The report was adopted.

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

H. F. No. 203, A bill for an act relating to regulatory reform; providing that certain rules take effect only upon legislative approval; amending Minnesota Statutes 2010, section 14.19; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2010, section 14.127.

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

The report was adopted.

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Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 240, A bill for an act relating to veterans; extending eligibility for the disabled veterans homestead market value exemption for surviving spouses of qualified disabled veterans, and inclusion of certain approved primary family caregivers of qualified disabled veterans; amending Minnesota Statutes 2010, section 273.13, subdivision 34.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 55 and 79 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Beard introduced:

H. F. No. 310, A bill for an act relating to trade practices; amending termination of sales representatives; amending Minnesota Statutes 2010, section 325E.37, subdivision 6.

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

Hayden and Abeler introduced:

H. F. No. 311, A bill for an act relating to human services; authorizing supplemental contracts; amending Minnesota Statutes 2010, section 256.0112, by adding a subdivision.

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

Peterson, S., introduced:

H. F. No. 312, A bill for an act relating to insurance; requiring health insurers to honor the patient's assignment of benefits; amending Minnesota Statutes 2010, section 72A.201, subdivision 4.

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

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Peterson, S., introduced:

H. F. No. 313, A bill for an act relating to education finance; encouraging school programs offering alternative school year calendars; authorizing grants; appropriating money; amending Minnesota Statutes 2010, sections 124D.12; 124D.126, by adding a subdivision.

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

Dittrich, Nelson and Hortman introduced:

H. F. No. 314, A bill for an act relating to highways; authorizing issuance of trunk highway bonds; appropriating money to complete highway 610.

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

Fritz introduced:

H. F. No. 315, A bill for an act relating to human services; providing long-term care provider rate increases; amending Minnesota Statutes 2010, sections 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision.

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

Nelson introduced:

H. F. No. 316, A bill for an act relating to natural resources; modifying certain requirements for titling watercraft; amending Minnesota Statutes 2010, sections 86B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1; 86B.885.

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

Abeler introduced:

H. F. No. 317, A bill for an act relating to the city of Ramsey; providing special rules for a tax increment district in the city; amending Laws 2010, chapter 389, article 7, section 22.

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

Slawik introduced:

H. F. No. 318, A bill for an act relating to education finance; adjusting the special education percentage eligibility requirement for a charter school to receive the accelerated aid payment shift; amending Minnesota Statutes 2010, section 127A.45, subdivision 6a.

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

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Slawik and Peterson, S., introduced:

H. F. No. 319, A bill for an act relating to early childhood education; authorizing a unique identification number to be assigned to all Minnesota children at the time of birth; allowing parents to opt out; proposing coding for new law in Minnesota Statutes, chapter 119A.

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

Poppe and Davids introduced:

H. F. No. 320, A bill for an act relating to insurance; prohibiting increases in long-term care insurance premiums on existing policies without advance notice to policyholders and approval of the commissioner; amending Minnesota Statutes 2010, sections 60A.08, subdivision 3; 62A.48, subdivision 1; 62S.01, subdivision 13a; 62S.081, subdivision 5; 62S.265, subdivision 2.

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

Poppe and Davids introduced:

H. F. No. 321, A bill for an act relating to taxation; modifying requirements for classification as class 4c property; amending Minnesota Statutes 2010, section 273.13, subdivision 25.

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

Scott; Mahoney; Drazkowski; Norton; Peppin; Benson, M.; Franson; Scalze; Anderson, D.; Runbeck; Woodard and Mazorol introduced:

H. F. No. 322, A bill for an act relating to children; establishing a presumption of joint physical custody; creating the Children's Equal and Shared Parenting Act; requiring certain parenting plans; amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3; 518.091; 518.131, subdivision 1; 518.156; 518.167, subdivision 2; 518.175, subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.

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

Hoppe, Atkins, O'Driscoll and Lillie introduced:

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

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

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Carlson, Howes and Champion introduced:

H. F. No. 324, A bill for an act relating to capital investment; appropriating money for the National U.S. Junior Olympic and Disabled American Ski Center; 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.

Hilty introduced:

H. F. No. 325, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water.

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. 326, A bill for an act relating to state lands; authorizing private sale of 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.

Hamilton, Hoppe and Schomacker introduced:

H. F. No. 327, A bill for an act relating to liquor; authorizing microdistilleries; amending Minnesota Statutes 2010, sections 340A.101, by adding a subdivision; 340A.301, subdivisions 4, 6.

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

Westrom, Nornes and Beard introduced:

H. F. No. 328, A bill for an act relating to aeronautics; requiring issuance of license for public seaplane base.

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

Holberg, Dettmer, Drazkowski and McElfatrick introduced:

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

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

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Crawford introduced:

H. F. No. 330, A bill for an act relating to capital investment; authorizing the sale and issuance of bonds; appropriating money for an entrepreneurship and technology business incubator.

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

Drazkowski; Benson, M.; Gruenhagen; Anderson, B.; Scott; Myhra; Leidiger; Swedzinski; Lohmer and McElfatrick introduced:

H. F. No. 331, A bill for an act relating to human services; requiring drug screening for MFIP eligibility; amending Minnesota Statutes 2010, section 256J.15, by adding a subdivision.

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

Drazkowski; Dill; Rukavina; Benson, M.; Scott; Anderson, B.; Sanders; Fabian; Hancock; Franson; Kiffmeyer; Gruenhagen; Leidiger; Gottwalt; Lohmer and McElfatrick introduced:

H. F. No. 332, A bill for an act relating to state lands; prohibiting any net increase in the acreage of state-owned land; amending Minnesota Statutes 2010, section 16B.245, by adding a subdivision.

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

Moran; Gauthier; Greiling; Hayden; Clark; Liebling; Peterson, S.; Mariani; Murphy, E.; Hornstein; Brynaert; Ward; Davnie; Tillberry and Kieffer introduced:

H. F. No. 333, A bill for an act relating to education finance; restoring funding for extended time programs; amending Minnesota Statutes 2010, section 126C.10, subdivision 2a.

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

Westrom; Anderson, P., and Franson introduced:

H. F. No. 334, A bill for an act relating to appropriations; providing a grant to the Kensington Area Historical Society for development of a museum and heritage center.

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

Brynaert, Morrow, Hausman, Gunther, Norton and Cornish introduced:

H. F. No. 335, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money to expand the Mankato Civic Center auditorium and remodel and expand the Mankato Civic Center and All Seasons arenas.

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

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Lenczewski introduced:

H. F. No. 336, A bill for an act relating to taxation; allowing all cities to impose a local sales and use tax; providing for an aid offset; amending Minnesota Statutes 2010, sections 297A.99, subdivision 1; 477A.013, by adding a subdivision; 477A.016; proposing coding for new law in Minnesota Statutes, chapter 297A.

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

Lenczewski introduced:

H. F. No. 337, A bill for an act relating to tax increment financing; excluding county levies in computing increment and making conforming changes; amending Minnesota Statutes 2010, sections 469.175, subdivision 2; 469.176, subdivision 4h; 469.1762; 469.177, subdivision 1a; repealing Minnesota Statutes 2010, sections 469.175, subdivision 1a; 469.176, subdivision 4i.

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

Lenczewski introduced:

H. F. No. 338, A bill for an act relating to tax increment financing; prohibiting establishing new or expanding existing tax increment financing districts or plans; amending Minnesota Statutes 2010, section 469.175, by adding a subdivision.

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

Kelly, Erickson, Myhra, Woodard, Kiel, Loon and McFarlane introduced:

H. F. No. 339, A bill for an act relating to education; identifying a process for negotiating teacher employment contracts; amending Minnesota Statutes 2010, sections 179A.16, subdivision 1; 179A.18, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 179A; repealing Minnesota Statutes 2010, sections 123B.05; 179A.18, subdivision 2.

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

Holberg, Lesch, Hoppe, Simon, Westrom and Mahoney introduced:

H. F. No. 340, A bill for an act relating to civil actions; prohibiting waivers of liability for negligent conduct; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Greiling introduced:

H. F. No. 341, A bill for an act relating to education finance; repealing requirement that Department of Management and Budget require school district state-aid payments to be reduced prior to state of Minnesota undertaking short-term borrowing for cash flow needs; repealing Minnesota Statutes 2010, section 127A.46.

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

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Murdock, Gunther, Sanders and Mahoney introduced:

H. F. No. 342, A bill for an act relating to manufactured homes; providing for inspections; modifying alternative design plans and reinstallation requirements; amending Minnesota Statutes 2010, sections 327.32, subdivisions 1a, 1b, 1e; 327.33, subdivision 1, by adding subdivisions.

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

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to the committee to escort the Governor to the Joint Convention on Wednesday, February 9, 2011:

McElfatrick, Murray, Mack, Norton and Greene.

MOTIONS AND RESOLUTIONS

Koenen moved that the name of Davids be added as an author on H. F. No. 15. The motion prevailed.

Davids moved that the name of Wardlow be added as an author on H. F. No. 42. The motion prevailed.

Garofalo moved that the name of Doepke be added as an author on H. F. No. 63. The motion prevailed.

Dettmer moved that his name be stricken as an author on H. F. No. 65. The motion prevailed.

Garofalo moved that the names of Franson and Torkelson be added as authors on H. F. No. 68. The motion prevailed.

Dettmer moved that the name of Davids be added as an author on H. F. No. 82. The motion prevailed.

Liebling moved that the name of Benson, M., be added as an author on H. F. No. 93. The motion prevailed.

Anzelc moved that the names of Kath and Davids be added as authors on H. F. No. 99. The motion prevailed.

Downey moved that the name of Atkins be added as an author on H. F. No. 178. The motion prevailed.

Urdahl moved that the name of Atkins be added as an author on H. F. No. 186. The motion prevailed.

Downey moved that the name of Wardlow be added as an author on H. F. No. 192. The motion prevailed.

Gottwalt moved that the name of Paymar be added as an author on H. F. No. 200. The motion prevailed.

Murphy, M., moved that her name be stricken as an author on H. F. No. 203. The motion prevailed.

Nelson moved that his name be stricken as an author on H. F. No. 203. The motion prevailed.

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Norton moved that the name of Moran be added as an author on H. F. No. 204. The motion prevailed.

Kriesel moved that the name of Atkins be added as an author on H. F. No. 232. The motion prevailed.

Dettmer moved that the name of Davids be added as an author on H. F. No. 240. The motion prevailed.

Lillie moved that the name of Kahn be added as an author on H. F. No. 252. The motion prevailed.

Doepke moved that the name of Benson, J., be added as an author on H. F. No. 254. The motion prevailed.

Anderson, S., moved that the name of Drazkowski be added as an author on H. F. No. 255. The motion prevailed.

Bills moved that the name of Atkins be added as an author on H. F. No. 257. The motion prevailed.

Mack moved that the name of Franson be added as an author on H. F. No. 262. The motion prevailed.

Beard moved that the name of Lohmer be added as an author on H. F. No. 263. The motion prevailed.

Liebling moved that the name of Slocum be added as an author on H. F. No. 271. The motion prevailed.

Hayden moved that the names of Kahn and Slocum be added as authors on H. F. No. 278. The motion prevailed.

Hayden moved that the names of Kahn and Slocum be added as authors on H. F. No. 279. The motion prevailed.

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

LeMieur moved that the name of Anderson, P., be added as an author on H. F. No. 286. The motion prevailed.

Downey moved that the name of Simon be added as an author on H. F. No. 288. The motion prevailed.

Anderson, D., moved that the name of Erickson be added as an author on H. F. No. 292. The motion prevailed.

Kahn moved that the names of Simon and Slocum be added as authors on H. F. No. 297. The motion prevailed.

Kiffmeyer moved that the name of Shimanski be added as an author on H. F. No. 302. The motion prevailed.

Peppin moved that the name of Franson be added as an author on H. F. No. 304. The motion prevailed.

Westrom moved that the name of Anderson, P., be added as an author on H. F. No. 306. The motion prevailed.

ADJOURNMENT

Dean moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 3, 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., Thursday, February 3, 2011.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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