Journal of the House - 16th Day - Thursday, February 17, 2011

A quorum was present.

Hamilton and Laine were excused.

Davnie was excused until 3:50 p.m.

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

Lanning from the Committee on State Government Finance 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:

Delete everything after the enacting clause and insert:

"Section 1. [43A.347] REDUCTION IN STATE WORK FORCE; EARLY RETIREMENT PROGRAM.

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: attrition, a hard hiring freeze, early retirement incentives authorized in this section, restructuring of benefit or pension programs as authorized by other law, furloughs, and layoffs. The early retirement program in this section is enacted as a tool to assist in complying with the required 15 percent reduction.

(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.

Subd. 2. Analysis. Before authorizing an early retirement under subdivision 3 or 4, the commissioner must perform analysis, including actuarial analysis, as necessary to determine the maximum number of employees to whom incentives will be offered, and the percentage of resulting savings estimated to be needed to pay pension funds to cover costs to the funds of the incentive in this section. The commissioner must use this analysis in determining how to best implement this section.

Subd. 3. Pension early retirement incentive. (a) The commissioner of management and budget may authorize an executive branch appointing authority to offer an early retirement incentive under this subdivision to an employee who upon retirement would be immediately eligible to receive an annuity from the public pension plan under which the employee is covered immediately before separation from state service. The commissioner may establish time periods during which the incentive may be offered and during which the incentive must be accepted, may establish limits on the number of employees to whom an appointing authority, or all appointing authorities collectively, may offer the incentive, and may establish other conditions for the incentive.

(b) For an employee offered an incentive under this subdivision, for each full year of service credit that the employee has in a plan administered by the Minnesota State Retirement System, the Public Employees Retirement Association, or the Teachers Retirement Association, the employee must be granted an additional month of service credit in the plan under which the employee is covered immediately before separation from state service under this subdivision.

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(c) Upon request of an appointing authority considering offering an incentive under this subdivision, the executive director of the public pension plan in which an employee would be granted additional service credit under this subdivision must prepare an estimate of the present value of the additional service credit that would be granted to an employee under this subdivision. For each employee accepting an incentive under this subdivision, the appointing authority offering the incentive must pay the applicable public pension plan, from the first dollars of savings achieved through offering the incentive, the present value of the additional service credit granted to the employee, taking into account the date payment will be received from the appointing authority. The appointing authority must make this payment to the pension plan within one year of the date the employee accepting the incentive leaves state service.

Subd. 4. Insurance early retirement incentive. The commissioner of management and budget may authorize an executive appointing authority to offer the incentive originally offered under Laws 2010, chapter 337, to employees who retire from state service during periods that the commissioner specifies before June 30, 2015. The terms and conditions specified in Laws 2010, chapter 337, apply to an incentive offered under this subdivision, except for the dates specified in that law for accepting the incentive and for retiring, and except that the prohibition on reemployment or contracting is for the period specified in this section, instead of the shorter period specified in Laws 2010, chapter 337.

Subd. 5. Best practices. In implementing this section, the commissioner of management and budget and affected agencies shall utilize best practices as identified by other states that have implemented early retirement programs.

Subd. 6. Hiring freeze. To promote streamlined government and reduced costs, no state appointing authority may fill by outside hire a position vacated through state employee participation in an early retirement incentive under this section.

Subd. 7. Reemployment prohibition. An employee who receives an early retirement incentive under this section may not be reemployed with the state or enter into a contract with the state as a consultant for five years after termination.

Subd. 8. Savings. Savings resulting from implementation of this section, after any payments made under subdivisions 3 and 4, must cancel back to the fund in which the savings occurred.

Subd. 9. Not applicable to elected officials. A state elected official is not a state employee for purposes of this section."

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.

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

H. F. No. 105, A bill for an act relating to veterans; appropriating money for a matching grant to be used for improvements at the Disabled Veterans Rest Camp on Big Marine Lake in Washington County.

Reported the same back with the recommendation that the bill pass and be re-referred to the Legacy Funding Division.

The report was adopted.

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

H. F. No. 226, A bill for an act relating to veterans; specifying the county in which a new veterans cemetery must be located; amending Laws 2010, chapter 333, article 2, section 23.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Laws 2009, chapter 93, article 1, section 14, subdivision 3, is amended to read:

Subd. 3. Veterans Cemeteries 1,500,000

Of this amount, up to $500,000 is to acquire land located in ~~Redwood County~~ southeastern, southwestern, and northeastern Minnesota for publicly owned veterans cemeteries, to be operated by the commissioner of veterans affairs. The commissioner also must seek donations of land for the cemeteries. The balance of the appropriation is to predesign and design the cemeteries. Federal reimbursement of design costs for each cemetery must be deposited in the state treasury and credited to a special account and is appropriated to the commissioner of veterans affairs to design the remaining cemeteries. Following completion of all legislatively authorized Minnesota state veterans cemeteries, final federal reimbursement of predesign and design costs is appropriated to the commissioner for asset preservation of veterans homes statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

Sec. 2. Laws 2010, chapter 333, article 2, section 23, is amended to read:

Sec. 23. PLANNING NEW VETERANS CEMETERIES.

(a) The commissioner of veterans affairs shall determine a suitable site and plan for three new state veterans cemeteries, one to be located in northeastern Minnesota, one to be located in southeastern Minnesota, and one to be located in southwestern Minnesota. In determining the site for a cemetery, the commissioner shall consider available public land options and shall seek proposals for donated land from interested counties, local communities, civic organizations, veterans service organizations, and individuals.

(b) For determining the veterans cemetery site in southeastern Minnesota, the commissioner shall give priority consideration to land owned and proposed for donation by the county of Fillmore.

(1) determining the need for the cemetery;

(2) investigating the availability of suitable land for the cemetery;

(3) assessment of impacts of the cemetery;

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(4) encouragement of support from veteran service organizations and local governments; and

(5) preparation and submission of a preapplication for a grant from the United States Department of Veterans Affairs for commitment of funding for establishing the cemetery.

(d) By January 15, 2011, the commissioner shall report to the chair and ranking minority member of the house of representatives and senate committees having responsibility for veterans affairs with a report of the commissioner's progress in implementing this section.

Sec. 3. EFFECTIVE DATE.

Sections 1 and 2 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to veterans; changing certain planning requirements for veterans cemeteries; appropriating money; amending Laws 2009, chapter 93, article 1, section 14, subdivision 3; Laws 2010, chapter 333, article 2, section 23."

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

The report was adopted.

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

H. F. No. 250, A bill for an act relating to claims against the state; changing and updating certain provisions; amending Minnesota Statutes 2010, sections 3.736, subdivision 3; 3.739, subdivision 2; 3.749.

Reported the same back with the following amendments:

Page 3, after line 4, insert:

"Sec. 2. Minnesota Statutes 2010, section 3.738, is amended to read:

3.738 INJURY OR DEATH OF PATIENT OR INMATE; LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY.

Subdivision 1. Legislative authority. Claims and demands arising out of injury to or death of a patient of a state institution under the control of the commissioner of human services or the commissioner of veterans affairs or an inmate of a state correctional facility while performing assigned duties and claims and demands arising from loss, damage, or destruction of property of a patient or inmate of a state institution shall be presented to, heard, and determined by the legislature.

Subd. 2. Evaluation of claims. Claims arising out of injury or death that are approved under this section shall be paid pursuant to legislative appropriation following evaluation of each claim by the appropriate committees of the senate and house of representatives. Compensation will not be paid for pain and suffering.

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Subd. 3. Exclusive remedy. The procedure established by this section is exclusive of all other legal, equitable, and statutory remedies."

Page 4, line 1, delete "3" and insert "4"

Renumber the sections in sequence

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.

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

H. F. No. 361, A bill for an act relating to crime; modifying crime of fleeing a peace officer; amending Minnesota Statutes 2010, section 609.487, subdivision 4.

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

The report was adopted.

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

H. F. No. 382, A bill for an act relating to civil actions; amending statutes regarding receiverships and assignments for the benefit of creditors; amending Minnesota Statutes 2010, sections 302A.753, subdivisions 2, 3; 302A.755; 302A.759, subdivision 1; 302A.761; 308A.945, subdivisions 2, 3; 308A.951; 308A.961, subdivision 1; 308A.965; 308B.935, subdivisions 2, 3; 308B.941; 308B.951, subdivision 1; 308B.955; 316.11; 317A.753, subdivisions 3, 4; 317A.755; 317A.759, subdivision 1; 322B.836, subdivisions 2, 3; 322B.84; 462A.05, subdivision 32; 469.012, subdivision 2i; 540.14; 559.17, subdivision 2; 576.04; 576.06; 576.08; 576.09; 576.11; 576.121; 576.123; 576.144; 576.15; 576.16; proposing coding for new law in Minnesota Statutes, chapters 576; 577; repealing Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision 2; 308B.951, subdivisions 2, 3; 317A.759, subdivision 2; 576.01; 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 577.08; 577.09; 577.10.

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

The report was adopted.

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

H. F. No. 384, A bill for an act relating to veterans; repealing the sunset on the campus veterans representative program; repealing Minnesota Statutes 2010, section 197.585, subdivision 5.

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

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. 387, A bill for an act relating to drivers' licenses; allowing counties to participate in driver's license reinstatement diversion pilot program; extending diversion pilot program; amending Laws 2009, chapter 59, article 3, section 4, as amended.

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

The report was adopted.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Drazkowski introduced:

H. F. No. 521, A bill for an act relating to transportation; permitting gross weight seasonal increases for transportation of sweet corn; amending Minnesota Statutes 2010, section 169.826, subdivision 1a.

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

Drazkowski introduced:

H. F. No. 522, A bill for an act relating to public safety; authorizing sheriffs to determine the appropriate level of staff needed to operate county jails; repealing an administrative rule establishing staffing requirements for jails; proposing coding for new law in Minnesota Statutes, chapter 641; repealing Minnesota Rules, part 2911.0900.

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

Quam; Benson, M.; Runbeck and Drazkowski introduced:

H. F. No. 523, A bill for an act relating to human services; changing service plan requirements under the Children and Community Services Act; amending Minnesota Statutes 2010, sections 256M.01; 256M.30, subdivisions 1, 2; repealing Minnesota Statutes 2010, section 256M.30, subdivision 5.

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

Torkelson introduced:

H. F. No. 524, A bill for an act relating to education; permitting a fund transfer for Independent School District No. 837, Madelia.

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

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Torkelson, Urdahl and Swedzinski introduced:

H. F. No. 525, A bill for an act relating to taxation; sales and use; expanding exemption for public safety radio communication system; amending Minnesota Statutes 2010, sections 297A.70, subdivision 8; 297A.75, subdivisions 1, 2, 3.

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

Fabian introduced:

H. F. No. 526, A bill for an act relating to state lands; authorizing private sale of certain consolidated conservation lands.

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

Davids, Erickson and Beard introduced:

H. F. No. 527, A bill for an act relating to taxation; modifying the Minnesota rural preserve property tax program; amending Minnesota Statutes 2010, section 273.114, subdivisions 2, 5, 6; repealing Minnesota Statutes 2010, section 273.114, subdivision 1.

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

LeMieur introduced:

H. F. No. 528, A bill for an act relating to natural resources; appropriating money for the Camp Ripley/Veterans State Trail.

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

LeMieur introduced:

H. F. No. 529, A bill for an act relating to building codes; requiring equivalent load bearing capacity for panels used in agricultural building roofs; amending Minnesota Statutes 2010, section 326B.121, subdivision 1.

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

Kiffmeyer introduced:

H. F. No. 530, A bill for an act relating to traffic regulations; modifying provision relating to disability parking; amending Minnesota Statutes 2010, section 169.345, subdivision 1.

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

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Clark, Hayden, Champion, Mullery, Hausman, Nelson, Hilstrom, Kahn and Moran introduced:

H. F. No. 531, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for a Minnesota African American History Museum in Minneapolis.

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

Kieffer, Cornish, Smith, Slocum, Hilty and Gauthier introduced:

H. F. No. 532, A bill for an act relating to public safety; enhancing penalties for certain repeat criminal sexual conduct offenders; amending Minnesota Statutes 2010, section 609.3451, subdivision 3.

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

Fabian introduced:

H. F. No. 533, A bill for an act relating to education finance; adjusting the eligibility criteria for sparsity revenue; permitting Independent School District No. 356, Lancaster, to recover sparsity aid that the district lost due to the closing of a school building; amending Minnesota Statutes 2010, section 126C.10, subdivision 8a.

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

Atkins introduced:

H. F. No. 534, A bill for an act relating to capital improvements; appropriating money for capital improvements in the city of Inver Grove Heights; authorizing the issuance of state bonds.

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

McFarlane; Erickson; Norton; Ward; Kieffer; Peterson, S.; Dittrich and Downey introduced:

H. F. No. 535, A bill for an act relating to education finance; modifying the process for third-party reimbursement of qualifying services; amending Minnesota Statutes 2010, section 125A.21, subdivisions 2, 3, 5, 7.

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

Runbeck and Dettmer introduced:

H. F. No. 536, A bill for an act relating to education finance; increasing the equalization aid levels for the operating referendum and debt service equalization aid programs; amending Minnesota Statutes 2010, sections 123B.53, subdivision 5; 126C.01, by adding subdivisions; 126C.17, subdivision 6.

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

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Urdahl; Rukavina; McElfatrick; Schomacker; Zellers; Anderson, P.; Swedzinski; Torkelson; Vogel; Kiel; Woodard; Beard; Davids; LeMieur and Shimanski introduced:

H. F. No. 537, A bill for an act relating to traffic regulations; providing that speed in excess of ten miles per hour over speed limit of 60 miles per hour does not go on driver's driving record; amending Minnesota Statutes 2010, section 171.12, subdivision 6.

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

Schomacker and Swedzinski introduced:

H. F. No. 538, A bill for an act relating to capital investment; appropriating money for The Casey Jones Trail; 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.

Anderson, B.; Drazkowski; Hamilton; McDonald; Eken; Quam; Franson; Torkelson and Shimanski introduced:

H. F. No. 539, A bill for an act relating to agriculture; modifying the classification of horses as livestock; amending Minnesota Statutes 2010, section 17.459, subdivision 2; repealing Minnesota Statutes 2010, section 17.459, subdivision 3.

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

Scott; Petersen, B.; Rukavina; Greiling; Kahn; Erickson and Garofalo introduced:

H. F. No. 540, A bill for an act relating to education; directing the Minnesota State High School League to amend its transfer rule, including the procedure to determine student eligibility; amending Minnesota Statutes 2010, section 128C.02, by adding a subdivision.

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

Slawik; Kelly; Hayden; Murphy, E., and Greiling introduced:

H. F. No. 541, A bill for an act relating to health; prohibiting smoking in motor vehicles with children; appropriating money; amending Minnesota Statutes 2010, section 357.021, subdivisions 6, 7; 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.

Buesgens introduced:

H. F. No. 542, A bill for an act relating to retirement; ending defined benefit public pension plan coverage; proposing coding for new law in Minnesota Statutes, chapter 356A.

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

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Buesgens introduced:

H. F. No. 543, A bill for an act relating to transportation; establishing priority of roads and bridges; establishing requirements governing federal aid for rail guideways; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Buesgens introduced:

H. F. No. 544, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article XI; forbidding standing appropriations.

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

Downey introduced:

H. F. No. 545, A bill for an act relating to state government; requiring state budget documents to include federal insolvency contingency planning; amending Minnesota Statutes 2010, section 16A.10, by adding a subdivision.

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

Paymar and Davnie introduced:

H. F. No. 546, A bill for an act relating to taxation; property; extending limited market value; amending Minnesota Statutes 2010, section 273.11, subdivision 1a.

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

Paymar, Moran, Slawik, Johnson and Hayden introduced:

H. F. No. 547, A bill for an act relating to public safety; requiring background check for transfer of a firearm at a gun show; providing a penalty; proposing coding for new law in Minnesota Statutes, chapter 624.

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

Buesgens introduced:

H. F. No. 548, A bill for an act relating to property taxation; including the sale of game birds and waterfowl in the definition of agricultural products; amending Minnesota Statutes 2010, section 273.13, subdivision 23.

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

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Cornish and Brynaert introduced:

H. F. No. 549, A bill for an act relating to transportation; appropriating money for county highway-rail grade crossing warning devices; authorizing sale and issuance of state bonds.

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

Anzelc; Benson, J.; Rukavina; Persell and Greiling introduced:

H. F. No. 550, A bill for an act relating to education finance; increasing the general education basic formula allowance; amending Minnesota Statutes 2010, section 126C.10, subdivision 2.

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

LeMieur and Davids introduced:

H. F. No. 551, A bill for an act relating to taxation; property; modifying the penalties for late payment; amending Minnesota Statutes 2010, section 279.01, subdivision 1; repealing Minnesota Statutes 2010, section 279.01, subdivision 4.

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

Greene; Mariani; Greiling; Davnie; Slawik; Knuth; Kath; Moran; Murphy, M.; Champion; Murphy, E., and Clark introduced:

H. F. No. 552, A bill for an act relating to education; clarifying the definition of a child with a disability; clarifying other circumstances related to children with disabilities; amending Minnesota Statutes 2010, sections 125A.02, subdivision 1; 125A.03; 125A.091, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 125A.

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

Greene; Slawik; Mariani; Greiling; Davnie; Knuth; Moran; Simon; Brynaert; Hortman; Loeffler; Murphy, M.; Champion; Wagenius and Murphy, E., introduced:

H. F. No. 553, A bill for an act relating to education; establishing a pilot project to explore the programmatic alignment between age 3 and grade 3.

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

Johnson and Davids introduced:

H. F. No. 554, A bill for an act relating to the Mississippi River Parkway Commission; changing its expiration date; amending Minnesota Statutes 2010, section 161.1419, subdivision 8.

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

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Moran, Champion, Davnie, Greiling, Persell, Hayden, Clark and Tillberry introduced:

H. F. No. 555, A bill for an act relating to education funding; appropriating money for the Principals' Leadership Institute.

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

Smith; Cornish; Johnson; Gauthier; Paymar; Buesgens; Hornstein; Wardlow; Anderson, S.; Murphy, E.; Lesch; Benson, J.; Davnie; Mullery; Downey and Moran introduced:

H. F. No. 556, A bill for an act relating to public safety; amending provisions for juvenile prostitutes found in need of protection or services; defining sexually exploited youth; increasing penalty assessments imposed in certain prostitution crimes and amending distribution of the assessment; clarifying and recodifying certain provisions and modifying certain definitions in the prostitution laws; appropriating money to the commissioner of public safety to develop a statewide victim services model; requiring a report to the legislature; amending Minnesota Statutes 2010, sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions; 609.3241; 626.558, subdivision 2a; repealing Minnesota Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6.

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

Downey introduced:

H. F. No. 557, A bill for an act relating to education finance; requiring the Department of Education to hire a consultant to work with districts to share services; creating a competition among school districts; creating an incentive for districts to share services; appropriating money.

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

Downey and Kiffmeyer introduced:

H. F. No. 558, A bill for an act relating to education; removing mathematics GRAD exception; amending Minnesota Statutes 2010, section 120B.30, subdivision 1.

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

Downey introduced:

H. F. No. 559, A bill for an act relating to human services; establishing a MinnesotaCare voucher demonstration project; proposing coding for new law in Minnesota Statutes, chapter 256L.

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

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Downey introduced:

H. F. No. 560, A bill for an act relating to public administration; modifying provisions governing energy forward pricing mechanisms for government agencies; amending Minnesota Statutes 2010, section 16C.143; repealing Minnesota Statutes 2010, section 383B.1588.

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

Beard, Simon, Peppin, Scalze and Urdahl introduced:

H. F. No. 561, A bill for an act relating to elections; changing certain recount requirements and procedures; amending Minnesota Statutes 2010, sections 204C.35, subdivision 1, by adding a subdivision; 204C.36, subdivision 1; 206.89, subdivision 3.

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

Sanders, Hoppe and Drazkowski introduced:

H. F. No. 562, A bill for an act relating to manufactured homes; regulating water and sewer charges for manufactured home parks; regulating charges to manufactured home parks by public water suppliers; amending Minnesota Statutes 2010, sections 327C.01, by adding subdivisions; 327C.02, subdivision 2; 327C.04, subdivision 2, by adding a subdivision; 444.075, subdivision 3.

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

Moran, Erickson, Davnie, McFarlane and O'Driscoll introduced:

H. F. No. 563, A bill for an act relating to education finance; authorizing school board to create full-service school zones; amending Minnesota Statutes 2010, sections 123B.88, by adding a subdivision; 123B.92, subdivision 1.

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

Drazkowski, Hackbarth and Hancock introduced:

H. F. No. 564, A bill for an act relating to ambulance services; limiting liability for nongovernmental licensees; proposing coding for new law in Minnesota Statutes, chapter 144E.

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

Smith introduced:

H. F. No. 565, A bill for an act relating to family law; providing for grandparent visitation rights on behalf of the child; expanding grandparent visitation rights; specifying procedures; requiring mediation; amending Minnesota Statutes 2010, sections 257C.08, subdivision 1, by adding a subdivision; 518.1752; repealing Minnesota Statutes 2010, section 257C.08, subdivisions 2, 3.

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

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Peterson, S., and Brynaert introduced:

H. F. No. 566, A bill for an act relating to traffic regulations; expanding requirement of display of vehicle lighting; amending Minnesota Statutes 2010, section 169.48.

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

Kahn, Lesch, Greene, Greiling, Anzelc and Paymar introduced:

H. F. No. 567, A bill for an act relating to taxation; sales; extending the tax to certain cosmetic procedures; amending Minnesota Statutes 2010, section 297A.61, subdivision 3.

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

Kahn; Carlson; Loeffler; Hilstrom; Murphy, M.; Scalze; Greiling; Hausman; Wagenius; Peterson, S.; Davnie; Tillberry; Hornstein; Gauthier; Lillie; Anzelc and Paymar introduced:

H. F. No. 568, A bill for an act relating to state government; providing that certain appropriations continue in effect with certain exceptions and adjustments; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Howes and Mahoney introduced:

H. F. No. 569, A bill for an act relating to labor and industry; modifying licensing requirements for well contractors in certain cases; amending Minnesota Statutes 2010, section 326B.46, subdivision 6.

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

Laine, Tillberry, Sanders, Hausman, Hortman, Abeler, Dittrich and Knuth introduced:

H. F. No. 570, A bill for an act relating to capital investment; authorizing the sale and issuance of state bonds; appropriating money for the Springbrook Nature Center.

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

Lillie, Hoppe, Sanders, Atkins and O'Driscoll introduced:

H. F. No. 571, A bill for an act relating to employment; modifying overtime requirements for certain air carrier employees; amending Minnesota Statutes 2010, section 177.25, by adding a subdivision.

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

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Eken and Anderson, B., introduced:

H. F. No. 572, A bill for an act relating to veterans; authorizing placement of a plaque in the court of honor on the Capitol grounds to honor American Indian veterans from this state.

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

Quam; Anderson, B.; Liebling; Stensrud and Lesch introduced:

H. F. No. 573, A bill for an act relating to taxation; sales and use; medical devices; amending Minnesota Statutes 2010, section 297A.67, subdivision 7.

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

McNamara and Kahn introduced:

H. F. No. 574, A bill for an act relating to state government; promoting efficiency and energy savings through electronic conduct of state meetings and through telework; proposing coding for new law in Minnesota Statutes, chapters 3; 15.

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

Erickson, McFarlane and Mariani introduced:

H. F. No. 575, A bill for an act relating to education; clarifying requirements governing probationary teacher and principal status; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 2, 5a.

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

Kelly and Garofalo introduced:

H. F. No. 576, A bill for an act relating to education finance; extending aid shift; amending Minnesota Statutes 2010, section 127A.45, subdivision 2.

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

Lanning and Kahn introduced:

H. F. No. 577, A bill for an act relating to the secretary of state; funding legal fees imposed by the federal courts; providing for reimbursement of expenses relating to the recount in the 2010 gubernatorial election; appropriating money.

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

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Koenen introduced:

H. F. No. 578, A bill for an act relating to eminent domain; providing for discharge of a portion of an easement acquired by condemnation; amending Minnesota Statutes 2010, section 117.225.

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

Koenen introduced:

H. F. No. 579, A bill for an act relating to taxation; authorizing the city of Marshall to impose a local sales and use tax.

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

Ward and Greiling introduced:

H. F. No. 580, A bill for an act relating to education finance; fully funding Minnesota's special education funding formulas; amending Minnesota Statutes 2010, sections 125A.76, subdivision 5; 125A.79, subdivision 7; repealing Minnesota Statutes 2010, sections 125A.76, subdivision 4; 125A.79, subdivision 6.

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

Ward introduced:

H. F. No. 581, A bill for an act relating to education finance; providing full funding for telecommunications/Internet access equity aid; appropriating money.

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

Davids introduced:

H. F. No. 582, A bill for an act relating to the city of Lanesboro; authorizing a local sales and use tax; allowing the issuance of state bonds.

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

Mullery introduced:

H. F. No. 583, A bill for an act relating to financial institutions; repealing certain obsolete limitations on state regulation of residential mortgage lending; conforming to the federal Dodd-Frank Act; amending Minnesota Statutes 2010, section 58.13, subdivision 1; repealing Minnesota Statutes 2010, section 58.18, subdivision 4.

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

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Dettmer and Anderson, B., introduced:

H. F. No. 584, A bill for an act relating to human services; modifying license requirements for adult foster care and family adult day services; directing commissioner to apply for federal waiver for medical assistance reimbursement; amending Minnesota Statutes 2010, sections 245A.11, subdivision 2b; 245A.143, subdivision 1; 256B.49, subdivision 16a.

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

Persell and Hausman introduced:

H. F. No. 585, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for the Headwaters Regional Center for Science, History, Culture and the Arts in the city of Bemidji.

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

Fabian, Kiel, Marquart, Lanning and Eken introduced:

H. F. No. 586, A bill for an act relating to capital investment; appropriating money for flood hazard mitigation grants; 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.

Beard introduced:

H. F. No. 587, A bill for an act relating to transit; removing restrictions on Dan Patch commuter rail line planning and development; repealing Laws 2002, chapter 393, section 85.

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

Gauthier; Huntley; Murphy, M.; Mahoney; Johnson; Ward; Moran; Anzelc and Murphy, E., introduced:

H. F. No. 588, A bill for an act relating to capital investment; appropriating money for renovation of Wade Stadium in Duluth; authorizing the sale and issuance of state bonds.

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

Buesgens, Holberg, Nelson, Johnson and Gruenhagen introduced:

H. F. No. 589, A bill for an act relating to commerce; regulating building and construction contracts; requiring retainage to be held in escrow or trust accounts until released; amending Minnesota Statutes 2010, section 337.10, subdivision 4.

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

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Howes, Lanning, Nelson, Holberg, Buesgens and Johnson introduced:

H. F. No. 590, A bill for an act relating to commerce; requiring evidence of construction financing and notice of nonpayment or default; amending Minnesota Statutes 2010, section 337.10, subdivision 5, by adding subdivisions.

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

Knuth introduced:

H. F. No. 591, A bill for an act relating to elections; permitting candidates to serve as an election judge in precincts where the candidate's name does not appear on the ballot; amending Minnesota Statutes 2010, section 204B.19, subdivision 2.

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

Fritz introduced:

H. F. No. 592, A bill for an act relating to human services; authorizing medical assistance reimbursement for in-reach community-based care coordination in a hospital setting; amending Minnesota Statutes 2010, section 256B.0625, by adding a subdivision.

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

Buesgens and Hackbarth introduced:

H. F. No. 593, A bill for an act relating to campaign finance; broadening the definition of "corporation"; prohibiting certain government contributions; imposing a penalty; amending Minnesota Statutes 2010, section 211B.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 211B.

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

Buesgens introduced:

H. F. No. 594, A bill for an act relating to retirement; ending public pension plan coverage; proposing coding for new law in Minnesota Statutes, chapter 356.

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

Anderson, B.; Zellers; Dean; Huntley; Slawik; Runbeck; Buesgens; Hoppe; Anderson, S.; Kelly; Leidiger and Westrom introduced:

H. F. No. 595, A bill for an act relating to health; repealing the moratorium on radiation therapy facility construction in Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns, Chisago, Isanti, and Wright Counties; amending Minnesota Statutes 2010, section 144.5509.

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

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Slawik, Lillie and Johnson introduced:

H. F. No. 596, A bill for an act relating to capital investment; appropriating money for acquisition of land for the Fish Creek Natural Greenway; 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.

Lohmer, Hackbarth, Dettmer and Zellers introduced:

H. F. No. 597, A bill for an act relating to highways; prohibiting toll roads; making conforming changes; amending Minnesota Statutes 2010, sections 117.226; 160.93, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 160; repealing Minnesota Statutes 2010, sections 160.84; 160.85; 160.86; 160.87; 160.88; 160.89; 160.90; 160.91; 160.92.

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

Kahn, Simon, Winkler, Greene and Nelson introduced:

H. F. No. 598, A bill for an act relating to elections; changing certain registration requirements and provisions; amending Minnesota Statutes 2010, sections 201.061, subdivision 1; 201.071, subdivision 1.

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

Falk, Anzelc, Hancock, Howes and Hackbarth introduced:

H. F. No. 599, A bill for an act relating to natural resources; providing for beaver control by road authorities; amending Minnesota Statutes 2010, section 97B.667.

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

Loon, Zellers and Dean introduced:

H. F. No. 600, A bill for an act relating to job creation; reducing certain taxes; 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; 275.025, subdivisions 1, 4; 290.06, subdivision 1; 290.0921, subdivision 1.

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

Holberg, Hansen, Bills, Atkins and Wardlow introduced:

H. F. No. 601, A bill for an act relating to data practices; providing for optional disclosure of public appraisals by a government entity; amending Minnesota Statutes 2010, section 13.44, subdivision 3.

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

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Kahn, Davnie, Hornstein, Hayden, Loeffler and Champion introduced:

H. F. No. 602, A bill for an act relating to capital investment; appropriating money for Granary Road; road and storm water infrastructure; authorizing the sale and issuance of state bonds.

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

Hornstein, Kahn, Loeffler and Hayden introduced:

H. F. No. 603, A bill for an act relating to capital investment; appropriating money for I-35W storm tunnel; authorizing sale and issuance of state bonds.

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

Champion and Davnie introduced:

H. F. No. 604, A bill for an act relating to capital investment; appropriating money for renovation of the Target Center; authorizing the sale and issuance of state bonds.

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

Loeffler, Hornstein, Hayden and Kahn introduced:

H. F. No. 605, A bill for an act relating to capital investment; appropriating money for the Plymouth Avenue Bridge; authorizing the sale and issuance of state bonds.

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

Howes introduced:

H. F. No. 606, A bill for an act relating to human services; directing commissioner of human services to ensure that generic drugs used in the medical assistance program are obtained at the lowest price; amending Minnesota Statutes 2010, section 256B.04, by adding a subdivision.

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

Howes introduced:

H. F. No. 607, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; making changes to the nonprofit housing bond authorization; authorizing the sale and issuance of state bonds; modifying previous appropriations; appropriating money; amending Minnesota Statutes 2010, section 462A.36; Laws 2008, chapter 179, section 19, subdivision 4; Laws 2010, chapter 189, sections 6, subdivisions 2, 4; 19, subdivision 4.

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

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MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I have the honor to inform the House of Representatives that the Senate is ready to meet with the House in Joint Convention at 4:15 p.m., Monday, February 21, 2011, for the purpose of electing members to the Board of Regents of the University of Minnesota.

Cal R. Ludeman, Secretary of the Senate

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Dean from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bill to be placed on the Calendar for the Day for Thursday, February 17, 2011:

S. F. No. 4.

CALENDAR FOR THE DAY

S. F. No. 4 was reported to the House.

Hilty moved to amend S. F. No. 4, the unofficial engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. [216B.1696] NUCLEAR POWER PLANT; COST RECOVERY PROHIBITION.

(a) The commission may not allow any of the following costs attributable to the construction of a nuclear generating plant begun after July 1, 2011, to be recovered from Minnesota ratepayers until the plant begins operating at a monthly load capacity factor of at least 85 percent:

(1) planning, design, safety, environmental, or engineering studies undertaken prior to construction; or

(2) the costs of obtaining regulatory approval, including permits, licenses and any other approval required prior to construction from federal, state, and local authorities.

(b) The commission may not allow any of the following costs attributable to the construction of a nuclear generating plant begun after July 1, 2010, to be recovered from Minnesota ratepayers:

(1) any construction costs exceeding by more than ten percent the projected construction cost of the generating plant and any ancillary facility constructed by the utility to temporarily or permanently store nuclear waste generated by the plant, as identified in the utility's certificate of need application submitted under section 216B.243; or

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(2) contributions from the plant to provide and maintain local fire protection and emergency services to the plant in case of an accident.

(c) Except for regulatory costs of state agencies, no revenues from taxes or fees imposed by the state of Minnesota may be used to pay for any portion of the preconstruction, construction, maintenance, or operating costs of a nuclear generating plant, or to assume any financial risk associated with an accidental release of radioactivity from the generating plant or an ancillary facility constructed by the utility that owns the generating plant to temporarily or permanently store nuclear waste generated by the plant.

Sec. 2. Minnesota Statutes 2010, section 216B.243, subdivision 3b, is amended to read:

Subd. 3b. Nuclear power plant; new construction prohibited; relicensing. (a) The commission may ~~not~~ issue a certificate of need for the construction of a ~~new~~ nuclear-powered electric generating plant provided that the certificate of need application contains a separate estimate of preconstruction and construction costs that does not include any of the costs identified in section 216B.1696, paragraphs (a) and (b).

(b) The commission may issue a certificate of need for the construction of a nuclear-powered electric generating plant that is to be wholly or partially owned by an electric cooperative association organized under chapter 308A provided that at least 65 percent of the members of the association vote to authorize the cooperative to wholly or partially own a nuclear-powered electric generating plant.

(c) The commission may issue a certificate of need for the construction of a nuclear-powered electric generating plant that is to be wholly or partially owned by a generation and transmission cooperative electric association organized under chapter 308A provided that each member cooperative association has met the requirements of paragraph (b).

(d) The commission may issue a certificate of need for the construction of a nuclear-powered electric generating plant that is to be wholly or partially owned by a municipal utility provided that at least 65 percent of the registered voters in the municipality approve of the construction and city ownership in a citywide election.

(e) Any certificate of need for additional storage of spent nuclear fuel for a facility seeking a license extension shall address the impacts of continued operations over the period for which approval is sought.

Sec. 3. EFFECTIVE DATE.

Sections 1 and 2 are effective the day following final enactment."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Hilty amendment and the roll was called. There were 52 yeas and 79 nays as follows:

Those who voted in the affirmative were: