Journal of the House - 80th Day - Thursday, March 1, 2012

A quorum was present.

Tillberry and Westrom were excused.

Dettmer was excused until 3:25 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.

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5812

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 518, A bill for an act relating to transportation; governing rulemaking and permits; amending rulemaking authority for state-aid program; amending allocation of funds from certain overdimension motor vehicle permits; requiring a legislative report on water permitting process for transportation projects; making clarifying and technical changes; amending Minnesota Statutes 2010, sections 162.02, subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5.

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.

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

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.

Reported the same back with the following amendments:

Page 1, line 11, after the first period, insert "An application for an order discharging a portion of an easement may be made no sooner than five years after the granting of the easement."

Page 1, after line 20, insert:

"Sec. 2. DISCHARGE OF PORTION OF EASEMENT; DOUGLAS COUNTY.

Notwithstanding any provision of Minnesota Statutes, section 117.225, to the contrary, where the Department of Transportation has granted a limited use permit to Douglas County for a public swimming area on a portion of land over which it has acquired by condemnation an easement for highway purposes, the underlying fee owner may apply to the district court for an order on terms that are just and equitable, discharging any or all portions of the easement that are not subject to the limited use permit.

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 Transportation Policy and Finance.

The report was adopted.

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

H. F. No. 1738, A bill for an act relating to local government; providing for detachment from a municipality; amending Minnesota Statutes 2010, section 414.06, subdivisions 1, 2, 3, by adding subdivisions.

Reported the same back with the following amendments:

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5813

Page 2, line 2, delete "township" and insert "town" and delete "affected by the detachment" and after "to" insert "the county recorder in"

Page 2, line 6, delete "Township" and insert "Town"

Page 2, line 7, delete "annexed" and insert "attached"

Page 2, line 26, delete "court having jurisdiction over the matter" and insert "Office of Administrative Hearings"

Page 3, line 11, strike "township" and insert "town" in both places

Page 3, line 12, strike "townships" and insert "towns"

Page 3, lines 14, 16, and 19, strike "township" and insert "town"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2080, A bill for an act relating to human services; modifying persons ineligible for MFIP; modifying MFIP sanctions; modifying MFIP time limits; modifying the MFIP exit level; regulating use of electronic benefit transfer cards; amending Minnesota Statutes 2010, sections 256J.08, subdivisions 34b, 51b; 256J.24, subdivision 10; 256J.26, subdivision 1; 256J.32, subdivisions 4, 6; 256J.415; 256J.42, subdivisions 1, 4, 5, 6; 256J.425, subdivisions 1, 4, 4a, 5, 6; 256J.45, subdivision 2; 256J.46, subdivision 1; 256J.50, subdivisions 6, 10; 256J.575, subdivision 3; 256J.621; 256J.626, subdivision 2; 256J.751, subdivision 1; Minnesota Statutes 2011 Supplement, section 256.987, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 24, reinstate everything after the stricken "(1)"

Page 2, line 25, reinstate the stricken language

Page 3, line 6, reinstate everything after the stricken period

Page 3, line 7, reinstate the stricken language

Page 3, line 8, reinstate the stricken "the disqualified participant."

Page 4, delete section 6

Page 5, delete section 7

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5814

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 Health and Human Services Finance.

The report was adopted.

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

H. F. No. 2169, A bill for an act relating to state government; providing methods for certain review of, and reporting on, agency rules; amending Minnesota Statutes 2010, sections 3.842, subdivision 4a; 14.05, subdivision 1; 14.116; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.10; 3D.11.

Reported the same back with the following amendments:

Page 1, line 17, delete "unnecessary" and insert "obsolete, unnecessary,"

Page 1, line 18, delete "redundant" and insert "duplicative"

Page 2, line 13, delete the new language

Page 2, delete lines 14 to 19 and insert "The commission or committee that files an objection must, as soon as practical, provide notice of the objection to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the rule or proposed rule."

Page 3, delete lines 12 to 20 and insert "the rule; (iii) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need and reasonableness of each difference; (iv) the reports filed under section 14.05, subdivision 5, for the preceding ten years; (v) the rulemaking dockets prepared under section 14.366 for the preceding ten years; (vi) a list of any rules that the agency recommends for repeal; (vii) a list and brief rationale for rules that the agency believes should remain in effect; (viii) any changes that would improve the agency's ability to meet the regulatory objectives prescribed by the legislature, while reducing any unnecessary burdens on regulated parties; and (ix) a summary of the means to better coordinate rulemaking between state agencies and other local, state, and federal agencies; and"

Page 4, delete line 22 and insert:

"(iii) are obsolete, unnecessary, or duplicative; or"

Page 4, line 23, delete "fail to meet" and insert "are not justified given"

Page 6, after line 5, insert:

"Sec. 6. Minnesota Statutes 2010, section 14.05, is amended by adding a subdivision to read:

Subd. 1a. Limitation regarding certain policies, guidelines, and other nonbinding interpretive statements. Except as specifically authorized by law, an agency shall not seek to implement or enforce against any person a policy, guideline, or other nonbinding interpretive statement that meets the definition of a rule if the policy, guideline, or other nonbinding interpretive statement has not been adopted as a rule in accordance with this chapter."

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Page 6, after line 7, insert:

"(a) By January 15 each year, each agency proposing to adopt, amend, or repeal a rule that calendar year must give notice of its rulemaking docket required under section 14.366 to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rule."

Page 6, line 8, before "When" insert "(b)"

Page 6, line 13, before "In" insert "(c)"

Page 7, delete lines 18 to 19 and insert:

"For purposes of clause (8), "cumulative effect" means the impact that results from incremental impact of the proposed rule in addition to other rules, regardless of what local, state, or federal agency has adopted the other rules. Cumulative effects can result from individually minor but collectively significant rules adopted over a period of time."

Page 8, delete section 10 and insert:

"Sec. 11. REPORTS.

By January 15, 2013, the Pollution Control Agency, Department of Natural Resources, Board of Water and Soil Resources, Environmental Quality Board, and Department of Agriculture must each report to the governor, the Legislative Coordinating Commission, and the policy and funding committees and divisions with jurisdiction over the agency. Each report must: (1) list any rules that the agency recommends for repeal; (2) list and briefly describe the rationale for rules that the agency believes should remain in effect; (3) suggest any changes in rules that would improve the agency's ability to meet the regulatory objectives prescribed by the legislature, while reducing any unnecessary burdens on regulated parties; and (4) include a summary of the means to better coordinate rulemaking between state agencies and other local, state, and federal agencies. Any costs of preparing this report must be absorbed within funds otherwise appropriated to the agency."

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 Environment, Energy and Natural Resources Policy and Finance.

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 2308, A bill for an act relating to mortgages; modifying provisions relating to foreclosure consultants; amending Minnesota Statutes 2010, section 325N.01.

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

The report was adopted.

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5816

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

H. F. No. 2327, A bill for an act relating to elections; modifying certain election administration procedures for individuals who have been convicted of a felony; amending Minnesota Statutes 2010, sections 201.054, subdivision 2, by adding a subdivision; 201.157; 201.275; 204C.14; 241.065, subdivision 2; Minnesota Statutes 2011 Supplement, section 203B.06, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 244.

Reported the same back with the following amendments:

Page 1, line 11, delete "(a)"

Page 1, delete lines 17 to 25

Page 2, delete lines 1 and 2

Page 2, line 32, after "facility," insert "and, if available," and strike ", and if available," and insert "and"

Page 5, after line 24, insert:

"EFFECTIVE DATE. This section is effective June 15, 2012."

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

The report was adopted.

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

H. F. No. 2333, A bill for an act relating to public safety; specifically including theft of motor fuel in the theft crime; creating a permissive inference regarding theft of motor fuel; modifying the drive-off gas civil liability law; amending Minnesota Statutes 2010, sections 171.175; 332.32; 604.15, subdivision 3, by adding a subdivision; 609.52, subdivisions 1, 2.

Reported the same back with the following amendments:

Page 2, line 18, before "may" insert "recognized by the Internal Revenue Service as a 501(c)(6) exempt organization"

Page 4, lines 20 to 29, delete the new language

Page 8, line 3, strike the period and insert "; or"

Page 8, after line 3, insert:

"(18) intentionally, and without claim of right, drives a motor vehicle from the premises of a motor fuel retailer without having paid for motor fuel dispensed into the vehicle.

Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel.

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5817

This paragraph does not apply if: (i) the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel; or (ii) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2373, A bill for an act relating to public safety; extending the felony of fraudulent or other improper finance statements to include retaliation against a sheriff or county recorder for performance of official duties regarding real property; amending Minnesota Statutes 2010, section 609.7475, subdivision 3.

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 2441, A bill for an act relating to insurance; modifying defensive driving refresher course requirements; amending Minnesota Statutes 2010, section 65B.28, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 9, delete "55" and insert "58"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 1073, A bill for an act relating to education; proposing a transitions plan for high school students to successfully pursue postsecondary education and employment; appropriating money; amending Minnesota Statutes 2010, section 120B.125; proposing coding for new law in Minnesota Statutes, chapter 121A.

Reported the same back with the following amendments:

Amend the title as follows:

Page 1, line 3, delete "appropriating"

Page 1, line 4, delete "money;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5818

SECOND READING OF HOUSE BILLS

H. F. Nos. 1738, 2333, 2373 and 2441 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 1073 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Abeler and Fritz introduced:

H. F. No. 2617, A bill for an act relating to health-related occupations; requiring the boards to post certain information on regulated individuals; proposing coding for new law in Minnesota Statutes, chapter 214.

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

Howes; Murphy, E.; Thissen; Fritz; Abeler and Anzelc introduced:

H. F. No. 2618, A bill for an act relating to health; requiring hospitals to develop staffing levels for direct care registered nurses; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Kriesel introduced:

H. F. No. 2619, A bill for an act relating to transportation; motor vehicles; adding service branch designs to special veterans' plates; amending Minnesota Statutes 2010, section 168.123, subdivision 2; Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1.

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

Howes, Smith, Cornish, Nornes and Ward introduced:

H. F. No. 2620, A bill for an act relating to capital improvements; appropriating money for an invasive species research center at the University of Minnesota; authorizing the sale and issuance of state bonds.

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

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5819

Kelly; Garofalo; Woodard; Erickson; Petersen, B.; Fabian; Myhra and Anderson, P., introduced:

H. F. No. 2621, A bill for an act relating to education; making certain special or independent school districts subject to mayoral control; amending Minnesota Statutes 2010, section 128D.02; proposing coding for new law in Minnesota Statutes, chapter 123A; repealing Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, 4; 128D.14.

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

Howes, Hausman, Hancock, Ward and Nornes introduced:

H. F. No. 2622, A bill for an act relating to capital investment; appropriating money for Bemidji State University; authorizing the sale and issuance of state bonds.

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

Smith, Cornish and Johnson introduced:

H. F. No. 2623, A bill for an act relating to public safety; extending the time period for a continuance without adjudication in a juvenile delinquency case; amending Minnesota Statutes 2010, section 260B.198, subdivision 7.

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

Beard and Hoppe introduced:

H. F. No. 2624, A bill for an act relating to transportation; appropriating money for local 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.

Peppin, Kiffmeyer and Abeler introduced:

H. F. No. 2625, A bill for an act relating to education finance; adjusting equity revenue for Independent School District No. 728, Elk River, by the metro equity region factor for students residing in the region.

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

Lohmer and Abeler introduced:

H. F. No. 2626, A bill for an act relating to health; authorizing automated drug distribution systems; proposing coding for new law in Minnesota Statutes, chapter 151.

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

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5820

Gottwalt introduced:

H. F. No. 2627, A bill for an act relating to health; changing a requirement for electronic claims and electronic transactions; amending Minnesota Statutes 2010, section 62J.536, subdivision 1.

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

Gottwalt; Abeler; Liebling; Benson, M.; Mack and Huntley introduced:

H. F. No. 2628, A bill for an act relating to health; modifying requirements for provider peer grouping; amending Minnesota Statutes 2010, sections 62U.04, subdivisions 1, 2, 4, 5; 256B.0754, subdivision 2; Minnesota Statutes 2011 Supplement, section 62U.04, subdivisions 3, 9.

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

Anderson, B., introduced:

H. F. No. 2629, A resolution memorializing Congress and the President of the United States to formally recognize the Khmer Freedom Fighters.

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

Drazkowski introduced:

H. F. No. 2630, A bill for an act relating to eminent domain; providing for compensation in regulatory takings that do not arise to the level of a taking under constitutional analysis; authorizing payment of attorney fees; proposing coding for new law in Minnesota Statutes, chapter 557.

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

Shimanski and Beard introduced:

H. F. No. 2631, A bill for an act relating to transportation; providing contingent appropriations for county state-aid highways and municipal state-aid streets, construction support, and finance operations; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 162.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 1599 and 1656.

Cal R. Ludeman, Secretary of the Senate

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5821

FIRST READING OF SENATE BILLS

S. F. No. 1599, A bill for an act relating to veterans affairs; permitting a preference for private employers to hire and promote veterans; permitting a preference for private employers to hire and promote the spouse of a disabled or deceased veteran; proposing coding for new law in Minnesota Statutes, chapter 197.

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

S. F. No. 1656, A bill for an act relating to education; requiring the legislature to authorize any cyclical revisions of academic standards and high school graduation requirements; amending Minnesota Statutes 2011 Supplement, section 120B.023, subdivision 2.

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

CALENDAR FOR THE DAY

H. F. No. 545 was reported to the House.

Davnie moved to amend H. F. No. 545, the first engrossment, as follows:

Page 1, line 8, before "Each" insert "(a)"

Page 1, after line 21, insert:

"(b) Each executive agency that develops an analysis under paragraph (a) must report to the legislature, in the manner specified in section 3.195, on the cost of developing the analysis. The report under this paragraph must be filed when the detailed agency budget presentation is submitted to the legislature."

A roll call was requested and properly seconded.

The question was taken on the Davnie amendment and the roll was called. There were 60 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abeler

Allen

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Journal of the House - 80th Day - Thursday, March 1, 2012 - Top of Page 5830

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

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Johnson

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Laine

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

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

Smith

Stensrud

Swedzinski

Thissen

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Winkler

Woodard

Spk. Zellers