Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 333

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

FIFTEENTH DAY

 

Saint Paul, Minnesota, Monday, February 18, 2013

 

 

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

 

Prayer was offered by Father Kevin M. McDonough, Church of St. Peter Claver, St. Paul, Minnesota and Incarnation, Minneapolis, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk.Thissen


 

A quorum was present.

 

Anderson, M.; Hackbarth; Mack and Slocum were excused.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 334

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Clark from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 83, A bill for an act relating to mortgage foreclosure; requiring notice of rights of military service members; requiring the lender to provide a single point of contact; prohibiting a mortgage lender from beginning or continuing a foreclosure proceeding while considering a request by a borrower for a mortgage modification; requiring that the mortgage lender participate in and pay for mediation if the borrower requests mediation; amending Minnesota Statutes 2012, sections 580.03; 580.041, subdivisions 1b, 2; proposing coding for new law in Minnesota Statutes, chapter 580.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 504B.151, subdivision 1, is amended to read:

 

Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord has received notice of a contract for deed cancellation under section 559.21 or notice of a mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under chapter 581, the landlord may only enter into (i) a periodic residential lease agreement with a term of not more than two months or the time remaining in the contract cancellation period or the mortgagor's redemption period, whichever is less or (ii) a fixed term residential tenancy not extending beyond the cancellation period or the landlord's period of redemption until:

 

(1) the contract for deed has been reinstated or paid in full;

 

(2) the mortgage default has been cured and the mortgage reinstated;

 

(3) the mortgage has been satisfied;

 

(4) the property has been redeemed from a foreclosure sale; or

 

(5) a receiver has been appointed.

 

(b) Before entering into a lease under this section and accepting any rent or security deposit from a tenant, the landlord must notify the prospective tenant in writing that the landlord has received notice of a contract for deed cancellation or notice of a mortgage foreclosure sale as appropriate, and the date on which the contract cancellation period or the mortgagor's redemption period ends.

 

(c) This section does not apply to a manufactured home park as defined in section 327C.01, subdivision 5.

 

(d) A landlord who violates the requirements in this subdivision is liable to the lessee for a civil penalty of $500.

 

Sec. 2. Minnesota Statutes 2012, section 580.021, is amended by adding a subdivision to read:

 

Subd. 5. Single point of contact. The party foreclosing on a mortgage must provide to the mortgagor a single point of contact in each of the forms prescribed in sections 580.022 and 580.041. The contact information must include a contact name, address, telephone number, and e-mail address. The party foreclosing on a mortgage must have alternative contacts to provide all of the assistance prescribed in this section when the single point of contact is not available to speak with a borrower for more than 48 hours. The servicer must provide written notice within ten


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 335

days when the single point of contact has changed. The borrower must be able to access the information included in this section and may seek a civil penalty of $500 against the servicer for failure to comply with this section. The single point of contact must be an employee of the servicer who can coordinate all of the information concerning that borrower's situation and must:

 

(1) be able to access all of the documents related to that borrower's loan and provide them to the borrower, if requested, in a timely manner;

 

(2) know of the borrower's prior contact with the servicer and track ongoing contact with the servicer;

 

(3) know the deadlines applicable to the borrower and provide that information if requested, including but not limited to:

 

(i) what is owed on the borrower's loan and when it is due;

 

(ii) if the servicer is eligible for mediation and the last date to request mediation; and

 

(iii) when all relevant foreclosure proceedings may commence or be completed;

 

(4) provide information about the current status of the loan; and

 

(5) provide information on the borrower's foreclosure prevention alternatives.

 

Sec. 3. Minnesota Statutes 2012, section 580.022, subdivision 1, is amended to read:

 

Subdivision 1. Counseling form. The notice required under section 580.021, subdivision 2, clause (2), must be printed on colored paper that is other than the color of any other document provided with it and must appear substantially as follows:

 

"PREFORECLOSURE NOTICE

 

Foreclosure Prevention Counseling and Mediation

 

Why You Are Getting This Notice

 

YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION HEARING WITH A NEUTRAL MEDIATOR, A REPRESENTATIVE OF [Name of Servicer], AND TO BRING AN ATTORNEY, HOUSING COUNSELOR, OR OTHER TRAINED ADVOCATE TO DETERMINE IF AN ALTERNATIVE TO FORECLOSURE CAN BE FOUND. YOU WILL RECEIVE NOTICE OF A MEDIATION HEARING THAT WILL TAKE PLACE WITHIN 20 DAYS OF THE NOTICE. YOU MUST RESPOND WITHIN TEN DAYS OF THE SCHEDULED MEDIATION IF YOU INTEND TO PARTICIPATE. IF YOU DO NOT RESPOND, THE MEDIATION HEARING WILL BE CANCELED.

 

We do not want you to lose your home and your equity. Government-approved nonprofit agencies are available to, if possible, help you prevent foreclosure.

 

We have given your contact information to an authorized foreclosure prevention counseling agency to contact you to help you prevent foreclosure.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 336

Who Are These Foreclosure Prevention Counseling Agencies

 

They are nonprofit agencies who are experts in housing and foreclosure prevention counseling and assistance. They are experienced in dealing with lenders and homeowners who are behind on mortgage payments and can help you understand your options and work with you to address your delinquency. They are approved by either the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development. They are not connected with us in any way.

 

Which Agency Will Contact You

 

[insert name, address, and telephone number of agency]

 

You can also contact them directly."

 

Sec. 4. Minnesota Statutes 2012, section 580.03, is amended to read:

 

580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.

 

Six weeks' published notice shall be given that such mortgage will be foreclosed by sale of the mortgaged premises or some part thereof, and at least four weeks before the appointed time of sale a copy of such notice shall be served in like manner as a summons in a civil action in the district court upon the person in possession of the mortgaged premises, if the same are actually occupied. If there be a building on such premises used by a church or religious corporation, for its usual meetings, service upon any officer or trustee of such corporation shall be a sufficient service upon it. The notices required by sections 580.041 and 580.042 must be served simultaneously with the notice of foreclosure required by this section.

 

The notice required under this section may not be served upon the person in possession of the mortgaged property until 15 days after the mortgage servicer has sent the borrower a statement that if the borrower is a service member, or a dependent of a service member, the borrower may be entitled to certain protections under the federal Servicemembers Civil Relief Act, United States Code, title 50, section 501, regarding the service member's interest rate and the risk of foreclosure, and counseling for covered service members that is available at agencies such as Military OneSource and Armed Forces Legal Assistance. This notice shall be sent via certified United States mail. The borrower is entitled to a $500 civil penalty from the mortgage servicer in a civil cause of action for failure to comply with the notice requirements in this section.

 

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to foreclosures commenced on or after that date.

 

Sec. 5. Minnesota Statutes 2012, section 580.041, subdivision 1b, is amended to read:

 

Subd. 1b. Form and delivery of foreclosure advice notice. (a) The foreclosure advice notice required by this section must be in 14-point boldface type and must be printed on colored paper that is other than the color of the notice of foreclosure required by sections 580.03 and 580.04 and the notice of redemption rights required by this section, and that does not obscure or overshadow the content of the notice. The title of the notice must be in 20-point boldface type. The notice must be on its own page. The foreclosure advice notice required by this section must be delivered with the notice of foreclosure required by sections 580.03 and 580.04. The foreclosure advice notice required by this section also must be delivered with each subsequent written communication regarding the foreclosure mailed to the mortgagor by the foreclosing party up to the day of redemption. A foreclosing mortgagee will be deemed to have complied with this section if it sends the foreclosure advice notice required by this section at least once every 60 days during the period of the foreclosure process. The foreclosure advice notice required by this section must not be published.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 337

(b) The foreclosure advice notice must provide the homeowner with a single point of contact with the servicer as defined in section 580.021, subdivision 5. A borrower shall have a civil cause of action, including a $500 civil penalty against a mortgage servicer who fails to provide a single point of contact to the borrower in the foreclosure notice.

 

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to foreclosures commenced on or after that date.

 

Sec. 6. Minnesota Statutes 2012, section 580.041, subdivision 2, is amended to read:

 

Subd. 2. Content of foreclosure advice notice. The foreclosure advice notice required by this section must appear substantially as follows:

 

"Help For Homeowners in Foreclosure

 

 

The attorney preparing this foreclosure is: ....

 

 

(Attorney name, address, phone)

 

 

 

 

It is being prepared for:

 

 

 

.

 

(lender name, loss mitigation name of employee of servicer or lender that serves as a single point of contact for homeowner to contact, phone number for that employee of servicer or lender)

 

AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring your mortgage up to date (or "reinstate" your mortgage). You must pay this amount, plus interest and other costs, to keep your house from going through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert time] at [insert place].

 

Mortgage foreclosure is a complex process. People may contact you with advice and offers to help "save" your home.

 

Remember: It is important that you learn as much as you can about foreclosure and your situation. Find out about all your options before you make any agreements with anyone about the foreclosure of your home.

 

Getting Help

 

As soon as possible, you should contact your lender at the above number to talk about things you might be able to do to prevent foreclosure. You should also consider contacting the foreclosure prevention counselor in your area. A foreclosure prevention counselor can answer your questions, offer free advice, and help you create a plan which makes sense for your situation.

 

Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466 or www.hocmn.org or contact the United States Department of Housing and Urban Development at 1-800-569-4287 or www.hud.gov to get the phone number and location of the nearest certified counseling organization. Call today. The longer you wait, the fewer options you may have for a desirable result."

 

Changing the Date of the Sheriff's Sale

 

You may be able to postpone the sheriff's sale on your home. If you live in your home and it has four units or less, you can postpone the sheriff's sale for five months from the original date of sale if you have a six-month redemption period, or eleven months from the original date of sale if you have a twelve-month redemption period. If you postpone the sheriff's sale, your redemption period will be reduced to five weeks. You must do all of the following things 15 days before the scheduled sheriff's sale:


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 338

(1) execute a sworn affidavit of postponement;

 

(2) record the affidavit in the county recorder and registrar of titles where the mortgage is recorded;

 

(3) file a copy with the sheriff; and

 

(4) provide a copy of the recorded affidavit showing the date it was recorded to the attorney foreclosing on the mortgage."

 

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to foreclosures commenced on or after that date.

 

Sec. 7. [580.043] MORTGAGE FORECLOSURE DUAL TRACKING PROHIBITED.

 

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this section have the meanings given.

 

(b) "Borrower" means the individual or entity that is liable on the promissory note secured by the mortgage, except that the term does not include:

 

(1) a person who has surrendered the mortgaged property, as evidenced by either a letter or other written notice confirming the surrender or by delivery of the keys to the property to the mortgage servicer or authorized agent; or

 

(2) a person who has filed a bankruptcy case under United States Code, title 11, chapter 7, 11, 12, or 13, and the bankruptcy court has not entered an order closing or dismissing the bankruptcy case or granting relief from a stay of foreclosure.

 

(c) "Complete loan modification request" means a loan modification request that contains a completed application form, documents verifying a borrower's income and assets, an explanation of the borrower's hardship, and documents verifying the borrower's tax information or a signed release for the Internal Revenue Service.

 

(d) "Dual tracking" means a servicer beginning or continuing a mortgage foreclosure under this chapter after the servicer has received a request by the borrower for a loan modification, forbearance, payment deferral, alternate repayment plan, or deed in lieu of foreclosure and has not accepted or rejected that request.

 

(e) "Loan modification request" means a written request from a borrower to the borrower's mortgage servicer for a modification of the borrower's mortgage loan in order to prevent an anticipated foreclosure or to suspend or terminate a foreclosure that is in progress.

 

(f) "Mortgage servicer" means an entity that is responsible for interacting with the borrower, including managing the loan account on a daily basis, such as collecting and crediting periodic loan payments, managing an escrow account, or enforcing the promissory note and mortgage, either as the current owner of the promissory note or as the current owner's authorized agent.

 

Subd. 2. Applicability. This section applies to mortgage foreclosures on the basis specified in section 580.041, subdivision 1a.

 

Subd. 3. Prohibition; dual tracking; continuation or commencement of foreclosure after receipt of loan modification request. (a) Upon receipt by a mortgage servicer of a request for a loan modification, forbearance, payment deferral, alternate repayment plan, or deed in lieu of foreclosure from a borrower regarding a mortgage loan for which the mortgage servicer is responsible, the mortgage servicer shall not begin a foreclosure for 90 days or, if a foreclosure of the mortgage loan is in progress, must stop the foreclosure process for 90 days or until the


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 339

mortgage servicer and borrower have agreed upon and entered into a signed agreement, whichever comes first. The mortgage servicer shall not start or continue a foreclosure, even after the 90 days have passed, unless: (1) the servicer has provided notice to the borrower that the borrower's request has been rejected, including an explanation for why the request was rejected; or (2) the borrower has received a copy of a loan modification, forbearance, payment deferral, alternate repayment plan, or deed in lieu of a foreclosure agreement signed by the servicer.

 

(b) A mortgage servicer need not consider a loan modification request if the loan modification request is not a complete loan modification request as defined in subdivision 1, paragraph (e).

 

Subd. 4. Civil cause of action; dual tracking. A borrower who is the victim of dual tracking by the borrower's mortgage servicer has a civil cause of action against the mortgage servicer for any damages incurred by the borrower as a result of the dual tracking plus the borrower's reasonable attorney fees and costs. The servicer is prohibited from adding monetary judgments and awards under this section to a borrower's mortgage.

 

Subd. 5. Injunctive relief. A borrower may bring an action for injunctive relief to stop a foreclosure based on a material violation of this section. The injunction shall remain in place until the court determines that the mortgage service has corrected and remedied the violation or violations giving rise to the action for injunctive relief.

 

Subd. 6. Redemption period. The relief available in this section is available to a borrower during the redemption period under section 580.23. The failure of the servicer to comply with subdivision 3 shall annul a sheriff sale under this chapter.

 

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to foreclosures commenced on or after that date.

 

Sec. 8. [580.0431] MANDATORY MEDIATION.

 

Subdivision 1. Mandatory mediation. This section applies to foreclosures of mortgages under chapters 580 and 581 on property consisting of one to four dwelling units, one of which the owner occupies as the owner's principal place of residency. Prior to beginning a mortgage foreclosure and before notice of the pendency under section 580.032, subdivision 3, or the lis pendens for a foreclosure under chapter 581 is recorded, a party foreclosing a mortgage must participate in mandatory mediation and provide to the mortgagor information contained in a form prescribed in section 580.022, subdivision 1. The servicer must provide all the relevant contact information for the servicer and any representative of the servicer who will attend the mediation and the contact information for the borrower to the Office of Administrative Hearings. The borrower must contact the Office of Administrative Hearings to confirm participation in the mediation within ten days of the scheduled mediation. The servicer shall add a $40 fee to the borrower's loan once the borrower and servicer have participated in mediation.

 

Subd. 2. Counseling. Prior to attending the mandatory mediation, the borrower must contact the foreclosure prevention counseling agency described in section 580.041, subdivisions 2 and 2a, to learn about the foreclosure prevention services available to them.

 

Subd. 3. Representation. (a) The borrower may have representation at the mediation conference. The representation may be an attorney, advocate, or other individual trained in housing counseling.

 

(b) The servicer must send a representative with the authority to negotiate a resolution.

 

Subd. 4. Office of Administrative Hearings. (a) The Office of Administrative Hearings shall provide mediation to servicers and borrowers as required in this section. The Office of Administrative Hearings shall within ten business days of receiving a request for mediation assign a mediator which may be a judge, an attorney, or other staff trained in mediation. The Office of Administrative Hearings must provide the following information to the borrower, the servicer, and any subordinate mortgage lienholder within 20 days of receipt of the request:


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 340

(1) what documents must be provided prior to mediation to the Office of Administrative Hearings;

 

(2) when the mediation will take place;

 

(3) where the mediation will take place;

 

(4) who may attend the mediation; and

 

(5) any rights and responsibilities of the parties to the mediation.

 

(b) The Office of Administrative Hearings is immune from civil liability for actions within the scope of its position under this chapter. The mediators assigned do not have a duty to advise the parties of their legal rights. Nothing in this chapter is a limitation to the immunity that otherwise extends to the Office of Administrative Hearings that otherwise exists under the law.

 

(c) The mediation must occur no later than 45 days after receiving contact from the servicer requesting the mediation with the Office of Administrative Hearings.

 

(d) The data regarding the finances and mortgages for these mediations that is created, collected, and maintained by the Office of Administrative Hearings is private data on individuals as defined by section 13.02, subdivision 12.

 

(e) A mediation agreement signed by both parties may be submitted to any court having jurisdiction over the parties and shall be enforced by any court having jurisdiction over the parties.

 

(f) The servicer shall submit a mediation fee of $160 to the Office of Administrative Hearings at or before the initial mediation meeting.

 

Subd. 5. Disposition of fees. Mediation fees collected by the Office of Administrative Hearings under this section must be deposited in the administrative hearings account in the state treasury and are appropriated to the office for the purposes of this section.

 

Subd. 6. Good faith required. (a) The parties must engage in mediation in good faith. Not participating in good faith includes:

 

(1) failure to attend and participate in mediation sessions without cause;

 

(2) failure to provide full information regarding the financial obligations of the parties and other creditors;

 

(3) failure of the creditor to designate a representative to participate in the mediation with authority to make binding commitments;

 

(4) lack of a written statement of debt restructuring alternatives and a statement of reasons why alternatives are unacceptable to one of the parties; and

 

(5) other similar behavior that evidences lack of good faith by a party.

 

A failure to agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of good faith by the creditor.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 341

(b) If the mediator determines that either party is not participating in good faith as defined in subdivision 1, the mediator must file an affidavit indicating the reasons for the finding with the attorney general and with parties to the mediation.

 

Subd. 7. Creditor's bad faith; court supervision. If the mediator finds the creditor has not participated in mediation in good faith, the debtor may require court-supervised mandatory mediation by filing the affidavit with the district court of the county of the debtor's residence with a request for court supervision of mediation and serving a copy of the request on the creditor. Upon request, the court shall require both parties to mediate under the supervision of the court in good faith for a period of not more than 180 days. All mortgage foreclosure proceedings must be suspended during this period. The court may issue orders necessary to effect good faith mediation. Following the mediation period, if the court finds the creditor has not participated in mediation in good faith, the court shall by order suspend the creditor's mortgage foreclosure proceeding for an additional period of 180 days. A creditor found by the mediator not to have participated in good faith shall pay the attorney fees and costs of the debtor requesting court supervision, in addition to further suspension of the creditor's mortgage foreclosure proceeding.

 

Subd. 8. Debtor's lack of good faith. A creditor may immediately proceed with the creditor's mortgage foreclosure proceedings upon receipt of a mediator's affidavit of a debtor's lack of good faith.

 

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to foreclosures commenced on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to housing; providing certain tenant remedies; providing single point of contact and various notice provisions relating to mortgage foreclosures; prohibiting mortgage foreclosure dual tracking; requiring mandatory mediation prior to commencing a mortgage foreclosure; amending Minnesota Statutes 2012, sections 504B.151, subdivision 1; 580.021, by adding a subdivision; 580.022, subdivision 1; 580.03; 580.041, subdivisions 1b, 2; proposing coding for new law in Minnesota Statutes, chapter 580."

 

 

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

 

 

A roll call was requested and properly seconded on the adoption of the report from the Committee on Housing Finance and Policy relating to H. F. No. 83.

 

 

The question was taken on the adoption of the report from the Committee on Housing Finance and Policy relating to H. F. No. 83 and the roll was called. There were 67 yeas and 61 nays as follows:

 

Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Persell

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen



Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 342

Those who voted in the negative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

Faust

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamar

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Poppe

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

 

The motion prevailed and the report from the Committee on Housing Finance and Policy relating to H. F. No. 83 was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 197, A bill for an act relating to elections; changing certain recount requirements and procedures; amending Minnesota Statutes 2012, sections 204C.35, subdivision 1, by adding a subdivision; 204C.36, subdivision 1.

 

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

 

The report was adopted.

 

 

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 322, A bill for an act relating to agriculture; extending the Minnesota Agriculture Education Leadership Council; amending Minnesota Statutes 2012, section 41D.01, subdivision 4.

 

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

 

The report was adopted.

 

 

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 357, A bill for an act relating to children's mental health; appropriating funds for identification of early psychosis, intensive treatment, and supports.

 

Reported the same back with the following amendments:

 

Page 1, line 13, after the period, insert "The commissioner shall track project data and by November 1, 2015, submit a report concerning outcomes to the legislative committees having jurisdiction over human services and early childhood."

 

 

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.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 343

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 392, A bill for an act relating to judiciary; modifying provisions governing public hearings in juvenile court proceedings; amending Minnesota Statutes 2012, section 260B.163, subdivision 1.

 

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

 

The report was adopted.

 

 

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

 

H. F. No. 409, A bill for an act relating to economic development; establishing a medical center development authority and providing for its organization, powers, and duties; providing for medical center development districts; authorizing the issuance of revenue obligations by the authority; authorizing city bonds; authorizing state assistance; providing for tax increment financing within a medical center development district; appropriating money; amending Minnesota Statutes 2012, sections 272.02, subdivision 39; 469.174, subdivision 8; 469.176, subdivisions 1b, 4c; proposing coding for new law in Minnesota Statutes, chapter 469.

 

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

 

The report was adopted.

 

 

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 630, A bill for an act relating to education; providing funding for early childhood and family, prekindergarten through grade 12, and adult education, including general education, education excellence, special programs, facilities and technology, nutrition, accounting, libraries, early childhood education, prevention, self-sufficiency and lifelong learning, and state agencies; appropriating money; amending Minnesota Statutes 2012, sections 120A.20, subdivision 1; 123A.73, subdivisions 3, 4, 5; 123B.42, subdivision 3; 123B.54; 123B.57, subdivision 4; 123B.59, subdivision 6; 123B.591, subdivisions 2, 3; 123B.75, subdivision 5; 123B.92, subdivisions 1, 9; 124D.02, subdivision 1; 124D.10, subdivisions 15, 17; 124D.11, subdivisions 1, 2, 4, 5; 124D.119; 124D.128, subdivision 2; 124D.4531, subdivision 1; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.86; 124D.98; 125A.11, subdivision 1; 125A.76, subdivisions 1, 4a, 8, by adding subdivisions; 125A.78, subdivision 2; 125A.79, subdivisions 1, 5, 8; 125B.26, subdivision 4; 126C.05, subdivisions 1, 5, 6; 126C.10, subdivisions 1, 2, 2c, 3, 7, 8, 13, 13a, 17, 18, 24, 27, 29, 31, 32, 35, by adding subdivisions; 126C.12, subdivision 1; 126C.13, subdivisions 4, 5; 126C.15, subdivision 2; 126C.17; 126C.20; 126C.40, subdivisions 1, 6; 126C.44; 127A.441; 127A.45, subdivisions 2, 13; 127A.47, subdivisions 7, 8; 127A.51; Laws 2011, First Special Session chapter 11, article 2, section 51; proposing coding for new law in Minnesota Statutes, chapters 121A; 123A; 124D; repealing Minnesota Statutes 2012, sections 120B.08; 120B.09; 124D.454, subdivisions 3, 10, 11; 124D.86, subdivision 6; 124D.98, subdivision 2; 125A.76, subdivisions 2, 4, 5, 7; 125A.79, subdivisions 6, 7; 126C.10, subdivisions 2a, 2b, 25, 26, 28, 31a, 31b, 31c; 126C.17, subdivision 13; 127A.50, subdivisions 1, 5.

 

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

 

The report was adopted.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 344

SECOND READING OF HOUSE BILLS

 

 

H. F. No. 197 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Brynaert, Rosenthal, Mullery, Norton and Dorholt introduced:

 

H. F. No. 631, A bill for an act relating to higher education; requiring the Board of Trustees of the Minnesota State Colleges and Universities and the commissioner of human services to convene a summit related to mental health and workforce development issues; requiring a report to the legislature.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Bly, Falk, Hansen and Persell introduced:

 

H. F. No. 632, A bill for an act relating to agriculture finance; appropriating money for the Forever Green Agriculture Initiative at the University of Minnesota.

 

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

 

 

Johnson, S.; Cornish; Lesch; Kieffer; Bly and Urdahl introduced:

 

H. F. No. 633, A bill for an act relating to public safety; extending the time period for a continuance without adjudication in a juvenile delinquency case; requiring approval by the prosecutor; amending Minnesota Statutes 2012, section 260B.198, subdivision 7.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Falk, Atkins and Hoppe introduced:

 

H. F. No. 634, A bill for an act relating to commerce; weights and measures; clarifying sales from bulk to ensure compliance with biodiesel fuel mandate; adding a requirement for identical product pricing; making technical updates to bring state into compliance with most recent federal fuel standards; modifying E85 requirements; amending Minnesota Statutes 2012, sections 239.092; 239.751, by adding a subdivision; 239.761, subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision; 239.77, subdivision 1; 296A.01, subdivision 19.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 345

Quam, Selcer and Erickson, S., introduced:

 

H. F. No. 635, A bill for an act relating to education; providing for computer-adaptive testing; amending Minnesota Statutes 2012, section 120B.30, subdivisions 1, 1a.

 

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

 

 

Nelson; Johnson, S.; Hilstrom and Hoppe introduced:

 

H. F. No. 636, A bill for an act relating to labor; regulating employment in the elevator industry; amending Minnesota Statutes 2012, sections 326.02, subdivision 5; 326B.163, by adding subdivisions; 326B.191; 326B.33, subdivisions 19, 21; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2012, section 326B.31, subdivisions 18, 19, 22; Minnesota Rules, parts 3800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.

 

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

 

 

Halverson; Benson, M.; Simon and Winkler introduced:

 

H. F. No. 637, A bill for an act relating to elections; modifying provisions related to voter registration; modifying certain election administration procedures for individuals who have been convicted of a felony; appropriating money; amending Minnesota Statutes 2012, sections 201.054, subdivision 2, by adding a subdivision; 201.157; 201.275; 203B.06, subdivision 3; 204C.14; 241.065, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

Newton, Norton, Abeler, Halverson and Barrett introduced:

 

H. F. No. 638, A bill for an act relating to education; creating a vision therapy pilot project; appropriating money.

 

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

 

 

Mullery introduced:

 

H. F. No. 639, A bill for an act relating to state government; providing that laws governing purchasing from small businesses and targeted group businesses apply to the Minnesota State Colleges and Universities; amending Minnesota Statutes 2012, section 16C.16, subdivision 12.

 

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

 

 

Slocum; Mariani; Erickson, S.; Woodard; Davnie; Marquart and Myhra introduced:

 

H. F. No. 640, A bill for an act relating to education finance; modifying charter school financing; amending Minnesota Statutes 2012, sections 124D.10, subdivision 25; 127A.45, by adding a subdivision.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 346

Wagenius introduced:

 

H. F. No. 641, A bill for an act relating to clean water; appropriating money for public water access site design and best management practices.

 

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

 

 

Lesch introduced:

 

H. F. No. 642, A bill for an act relating to consumer protection; regulating consumer fraud; amending Minnesota Statutes 2012, section 325F.69, by adding a subdivision.

 

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

 

 

Howe and Gruenhagen introduced:

 

H. F. No. 643, A bill for an act relating to utilities; regulating the qualifications to be a member of the Public Utilities Commission; amending Minnesota Statutes 2012, section 216A.03, subdivision 1.

 

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

 

 

Atkins; Nelson; Mahoney; Newton; Sundin; Hoppe; Johnson, S.; O'Neill; Slocum; Hilstrom; Metsa; Persell; Isaacson; Dettmer and Holberg introduced:

 

H. F. No. 644, A bill for an act relating to commerce; regulating building and construction contracts; prohibiting certain agreements to insure; amending Minnesota Statutes 2012, section 337.05, subdivision 1.

 

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

 

 

Anzelc; Melin; Metsa; Dehn, R.; Newton; Slocum; Sundin; Nelson; Mahoney and Winkler introduced:

 

H. F. No. 645, A bill for an act relating to the legislature; authorizing certain legislative employees to organize and to select representatives to negotiate collective bargaining agreements; amending Minnesota Statutes 2012, sections 43A.18, subdivision 6; 43A.24, subdivision 2; 179A.01.

 

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

 

 

Morgan and Beard introduced:

 

H. F. No. 646, A bill for an act relating to public safety; drivers' licenses; driver education; modifying and clarifying provisions relating to instruction permits; establishing a Novice Driver Education Improvement Task Force; appropriating money; amending Minnesota Statutes 2012, sections 171.05, subdivision 2; 171.0701, by adding a subdivision.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 347

Atkins and Hoppe introduced:

 

H. F. No. 647, A bill for an act relating to commerce; renaming the division of insurance fraud; regulating subpoenas issued by the commissioner; modifying certain continuing education requirements; requiring and regulating an annual statement of actuarial opinions of reserves and supporting documentation of property and casualty companies; regulating certain stop loss coverage; modifying risk-based capital requirements for certain insurers; regulating real estate appraiser licenses; modifying service requests in connection with Public Utility Commission matters; repealing certain unnecessary laws; amending Minnesota Statutes 2012, sections 45.0135; 45.027, subdivision 2; 45.307; 45.43; 60A.235, subdivision 3, by adding a subdivision; 60A.62, subdivision 1; 82B.08, by adding a subdivision; 82B.094; 82B.095, subdivision 2; 82B.10, subdivision 1; 82B.13, subdivisions 1, 4, 5, 8, by adding a subdivision; 216.17, subdivisions 2, 4; 216B.18; 299C.40, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Statutes 2012, sections 82B.095, subdivision 1; 115C.09, subdivision 3k; Laws 2000, chapter 488, article 3, section 37.

 

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

 

 

Davnie; Hilstrom; Simon; Allen; Fischer; Mullery; Winkler; Erickson, R.; Anzelc; Fritz; Isaacson; Hansen and Loeffler introduced:

 

H. F. No. 648, A bill for an act relating to commerce; regulating certain lenders that use motor vehicle titles of the borrower as collateral; proposing coding for new law in Minnesota Statutes, chapter 47.

 

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

 

 

Hausman; Carlson; Ward, J.E.; Davids; Gunther; Urdahl; Erhardt; Johnson, S.; Mahoney; Mariani; Lesch; Dean, M.; Kiel; Kahn; Lillie; Atkins; Zellers; Moran and Swedzinski introduced:

 

H. F. No. 649, A bill for an act relating to capital investment; appropriating money for renovation of the Twin Cities Public Television Building in St. Paul; 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 and Policy.

 

 

Nelson and Morgan introduced:

 

H. F. No. 650, A bill for an act relating to retirement; Teachers Retirement Association; modifying certain early retirement adjustment factors; phasing in actuarial equivalent early retirement adjustment factors over a five-year period beginning in 2015; amending Minnesota Statutes 2012, section 354.44, subdivision 6.

 

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

 

 

Persell; Erickson, R.; Falk; Anderson, P., and Sanders introduced:

 

H. F. No. 651, A bill for an act relating to state government; providing for accounting software development and updating; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 6.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 348

Kiel; Erickson, S., and Mariani introduced:

 

H. F. No. 652, A bill for an act relating to education; clarifying testing requirements related to teacher licensure; amending Minnesota Statutes 2012, sections 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.23, subdivision 2.

 

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

 

 

Quam; Simon; Murphy, M.; Drazkowski and Winkler introduced:

 

H. F. No. 653, A bill for an act relating to open meeting law; providing that certain communications on social media are not meetings under the law; amending Minnesota Statutes 2012, section 13D.01, subdivision 2.

 

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

 

 

Laine, Lillie and Hoppe introduced:

 

H. F. No. 654, A bill for an act relating to commerce; regulating preneed funeral insurance; amending Minnesota Statutes 2012, sections 60A.02, subdivision 28; 61A.258, by adding a subdivision; 72A.207.

 

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

 

 

Howe and Gruenhagen introduced:

 

H. F. No. 655, A bill for an act relating to energy; regulating the routing process for high-voltage transmission lines; prohibiting the designation of a preferred route in the permitting process; amending Minnesota Statutes 2012, section 216E.03, subdivision 3.

 

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

 

 

McNamar and Anderson, P., introduced:

 

H. F. No. 656, A bill for an act relating to state lands; providing for the sale of certain surplus state land bordering public water in Stevens County.

 

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

 

 

Hackbarth and Persell introduced:

 

H. F. No. 657, A bill for an act relating to game and fish; removing spearing restrictions from certain lakes; repealing Minnesota Rules, part 6264.0400, subpart 8.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 349

Melin, Anzelc, Metsa, Radinovich and Dill introduced:

 

H. F. No. 658, A bill for an act relating to education finance; adjusting levy reductions related to taconite revenue; amending Minnesota Statutes 2012, section 126C.48, subdivision 8.

 

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

 

 

Kahn; Persell; Loeffler; Benson, J.; Sundin; Benson, M., and McDonald introduced:

 

H. F. No. 659, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 2, 5; abolishing the office of lieutenant governor.

 

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

 

 

Falk; Wagenius; Savick; Sawatzky; McNamar; Poppe; Marquart; Hansen; Davids; Anderson, P.; Torkelson; Urdahl; Atkins; Fritz and Bly introduced:

 

H. F. No. 660, A bill for an act relating to taxation; property; clarifying the definition of real property; amending Minnesota Statutes 2012, section 272.03, subdivision 1.

 

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

 

 

Kahn, Lenczewski, Melin and Erhardt introduced:

 

H. F. No. 661, A bill for an act relating to taxation; sales; extending the tax to certain cosmetic procedures; amending Minnesota Statutes 2012, section 297A.61, subdivision 3.

 

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

 

 

Laine introduced:

 

H. F. No. 662, A bill for an act relating to health; requiring radon education disclosure for residential real property; changing provisions for tuberculosis standards; changing adverse health events reporting requirements; modifying a poison control provision; providing liability coverage for certain volunteer medical personnel and permitting agreements to conduct criminal background studies; defining occupational therapy practitioners; changing provisions for occupational therapy; amending prescribing authority for legend drugs; amending Minnesota Statutes 2012, sections 144.50, by adding a subdivision; 144.55, subdivision 3; 144.56, by adding a subdivision; 144.7065, subdivisions 2, 3, 4, 5, 6, 7, by adding a subdivision; 144A.04, by adding a subdivision; 144A.45, by adding a subdivision; 144A.752, by adding a subdivision; 144D.08; 145.93, subdivision 3; 145A.04, by adding a subdivision; 145A.06, subdivision 7; 148.6402, by adding a subdivision; 148.6440; 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; repealing Minnesota Statutes 2012, section 146B.03, subdivision 10; Minnesota Rules, parts 4655.3000, subparts 2, 3, 4; 4658.0810, subparts 1, 2; 4658.0815, subparts 1, 2, 3, 4; 4664.0290, subparts 1, 2, 3, 4; 4668.0065, subparts 1, 2.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 350

Laine, Fischer, Allen, Loeffler and Davnie introduced:

 

H. F. No. 663, A bill for an act relating to health; increasing a fee for newborn screening; appropriating money for support services for families who have a child who is deaf or has a hearing loss; adjusting the hospital payment rate; amending Minnesota Statutes 2012, sections 144.125, subdivision 1; 144.966, subdivision 3a; 256.969, subdivision 29.

 

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

 

 

Laine introduced:

 

H. F. No. 664, A bill for an act relating to campaign finance; making various changes to campaign finance and public disclosure law; expanding definition of public official; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.025, subdivision 4; 10A.04, subdivision 5; 10A.15, subdivision 1; 10A.16; 10A.20, subdivisions 4, 12; 10A.242, subdivision 1; 10A.27, subdivision 9; 10A.273, subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1; 10A.322, subdivision 4; 10A.324, subdivision 1; 211B.37.

 

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

 

 

Laine, Bly, Bernardy, Mariani and Halverson introduced:

 

H. F. No. 665, A bill for an act relating to public disclosure; modifying definition of associated business; amending Minnesota Statutes 2012, section 10A.01, subdivision 5.

 

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

 

 

Morgan introduced:

 

H. F. No. 666, A bill for an act relating to bonding; tax-exempt bond allocations; changing the carryforward period from one year to three years; reversing the reallocations for 2013; amending Minnesota Statutes 2012, sections 474A.04, subdivision 1a; 474A.062; 474A.091, subdivision 3a.

 

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

 

 

Nornes introduced:

 

H. F. No. 667, A bill for an act relating to human services; appropriating money for a workforce program.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 668, A bill for an act relating to tax increment financing; providing an adjustment to original net capacity for certain districts; amending Minnesota Statutes 2012, section 469.177, by adding a subdivision.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 351

Simonson introduced:

 

H. F. No. 669, A bill for an act relating to public safety; expanding and updating the authority of the Statewide Radio Board to include the latest emergency communication technologies; authorizing the Statewide Radio Board to elect to become a statewide emergency communication board; including tribal governments in regional radio board structure; providing comprehensive authority under board to address all emergency communications; providing for rulemaking; amending Minnesota Statutes 2012, sections 403.21, subdivisions 2, 13, by adding a subdivision; 403.37, subdivision 1; 403.38; 403.39; 403.40, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 403; repealing Minnesota Statutes 2012, sections 403.21, subdivision 6; 403.33.

 

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

 

 

Fabian, Albright, Kieffer, Uglem and Anderson, M., introduced:

 

H. F. No. 670, A bill for an act proposing amendments to the Minnesota Constitution, article IV, section 4, and article V, sections 2 and 4; placing limits on the terms of office of legislators and executive officers.

 

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

 

 

Newton, Uglem, Scott, Hortman and Abeler introduced:

 

H. F. No. 671, A bill for an act relating to transportation; capital investment; appropriating money for additional lanes on a segment of U.S. Highway 10; authorizing sale and issuance of trunk highway bonds.

 

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

 

 

Liebling; Zerwas; Morgan; Ward, J.A.; Abeler; Albright; Franson; Huntley; Fritz; Dean, M., and Schomacker introduced:

 

H. F. No. 672, A bill for an act relating to health; establishing a system to deal with acute strokes; 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 Policy.

 

 

Simon; Carlson; Ward, J.E.; Gunther; Clark; Cornish; Slocum; Ward, J.A.; Schoen; Simonson; Murphy, M.; Rosenthal; Lesch; Radinovich and Uglem introduced:

 

H. F. No. 673, A bill for an act relating to public safety; modifying use of funds for youth intervention programs; appropriating money; amending Minnesota Statutes 2012, section 299A.73, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 352

Lillie, McNamara, Huntley, Zellers, Mahoney, FitzSimmons, Abeler, Loon, Lesch, Metsa and Dean, M., introduced:

 

H. F. No. 674, A bill for an act relating to taxation; income and corporate franchise; adding a subtraction; amending Minnesota Statutes 2012, section 290.01, subdivisions 19b, 19d.

 

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

 

 

Schoen; Abeler; Zerwas; Liebling; Huntley; Atkins; Johnson, S.; Lillie; Anzelc; Nelson; Dehn, R., and Fritz introduced:

 

H. F. No. 675, A bill for an act relating to insurance; requiring coverage for orthotic and prosthetic devices; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

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

 

 

Ward, J.A.; Liebling; Loon; Benson, M., and Fritz introduced:

 

H. F. No. 676, A bill for an act relating to health; limiting tanning equipment to persons age 18 or older; amending Minnesota Statutes 2012, sections 325H.05; 325H.09; proposing coding for new law in Minnesota Statutes, chapter 325H; repealing Minnesota Statutes 2012, sections 325H.06; 325H.08.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 677, A bill for an act relating to taxation; providing for tax law modernization and reform; establishing a property tax rebate; reducing state business property tax; establishing a fourth tier income tax; lowering the sales tax rate and broadening the tax base; lowering the corporate franchise tax rate and simplifying the tax by eliminating certain tax preferences; providing for local government aid and county program aid; appropriating money; amending Minnesota Statutes 2012, sections 256.9658, subdivision 3; 270C.03, subdivision 1; 270C.33, subdivision 6; 275.025, subdivisions 1, 4; 289A.08, subdivision 3; 289A.56, subdivision 4; 289A.60, by adding a subdivision; 290.01, subdivisions 7, 19b, 19c, 19d; 290.06, subdivisions 1, 2c, 2d, 22, by adding a subdivision; 290.0921, subdivision 3; 290.095, subdivision 2; 290.17, subdivisions 1, 4; 290.191, subdivision 5; 290.21, subdivision 4; 290A.03, subdivision 13; 297A.61, subdivisions 3, 4, 10, 17a, 25, 27, 31, 38, 45, by adding subdivisions; 297A.62, subdivisions 1, 1a; 297A.64, subdivision 1; 297A.65; 297A.66, by adding a subdivision; 297A.67, subdivisions 7, 8; 297A.68, subdivisions 2, 5; 297A.70, subdivisions 5, 13, 14; 297A.75, subdivisions 1, 2, 3; 297A.815, subdivision 3; 297F.05, subdivisions 1, 3, 4; 297F.25, subdivision 1; 298.01, subdivision 3b; 477A.011, subdivisions 34, 36, by adding subdivisions; 477A.013, subdivisions 8, 9; 477A.03, subdivisions 2a, 2b; proposing coding for new law in Minnesota Statutes, chapters 270C; 297A; repealing Minnesota Statutes 2012, sections 289A.40, subdivision 6; 290.01, subdivision 6b; 290.0921, subdivision 7; 297A.68, subdivisions 9, 10, 11, 22, 35; 297A.70, subdivisions 10, 11, 12; 297A.96; 477A.011, subdivisions 2a, 27, 29, 31, 32, 33, 39, 40, 41, 42; 477A.0124, subdivision 1; 477A.013, subdivisions 11, 12; 477A.0133; 477A.0134; Minnesota Rules, part 8130.0500, subpart 2.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 353

Hilstrom; Atkins; Lesch; Hoppe; Simon; Anderson, S.; Zellers; Scott and Dean, M., introduced:

 

H. F. No. 678, A bill for an act relating to commerce; regulating certain practices with respect to event tickets; establishing minimum standards for consumer protection; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Hilstrom; Atkins; Lesch; Hoppe; Simon; Anderson, S.; Zellers and Scott introduced:

 

H. F. No. 679, A bill for an act relating to commerce; regulating certain practices with respect to event tickets; establishing minimum standards for consumer protection; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Hausman, Simonson, Huntley, Urdahl and Ward, J.E., introduced:

 

H. F. No. 680, A bill for an act relating to capital investment; appropriating money for the wastewater infrastructure funding program; authorizing the sale and issuance of state bonds.

 

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

 

 

Simon; Paymar; Abeler; Rosenthal; Erickson, S.; Hortman; Yarusso; Winkler and Ward, J.E., introduced:

 

H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.

 

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

 

 

Fischer; Hausman; Isaacson; Dean, M.; Wagenius; Ward, J.A., and Hansen introduced:

 

H. F. No. 682, A bill for an act relating to capital investment; appropriating money for groundwater monitoring wells; authorizing the sale and issuance of state bonds.

 

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

 

 

Fischer; Ward, J.A.; Isaacson; Yarusso and Hansen introduced:

 

H. F. No. 683, A bill for an act relating to water; requiring conservation rate structures under certain conditions; amending Minnesota Statutes 2012, section 103G.291, subdivisions 3, 4.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 354

Fischer; Yarusso; Dean, M.; Isaacson and Lillie introduced:

 

H. F. No. 684, A bill for an act relating to natural resources; appropriating money from the clean water fund to protect water supplies and lakes in the northeast Twin Cities metropolitan area.

 

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

 

 

Bly; Mariani; Brynaert; Isaacson; Benson, J.; Laine; Dehn, R.; Davnie; Newton; Mullery; Anzelc; Johnson, S., and Yarusso introduced:

 

H. F. No. 685, A bill for an act relating to education; proposing to establish alternative routes to a standard diploma for at-risk and off-track students; amending Minnesota Statutes 2012, section 120B.35, subdivision 3.

 

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

 

 

Mariani; Hausman; Dean, M.; Ward, J.E.; Mahoney; Gunther; Davids; Paymar; McNamar; Lillie; Urdahl; Johnson, S.; Erhardt; Norton; Lesch; Atkins; Moran; Anderson, S.; Murphy, M.; Carlson; Dehn, R.; Zellers; Nornes; Halverson; Kahn and Murphy, E., introduced:

 

H. F. No. 686, A bill for an act relating to capital improvements; appropriating money for the Minnesota Children's Museum; 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 and Policy.

 

 

Simon, Daudt, Morgan, Kahn, Loon and Sanders introduced:

 

H. F. No. 687, A bill for an act relating to elections; changing the date of the state primary from August to June; changing the date of primary elections conducted by a political subdivision, in certain circumstances; amending Minnesota Statutes 2012, sections 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.

 

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

 

 

Winkler, Schoen, Hansen, Wills, Schomacker, Mack, Sawatzky and Morgan introduced:

 

H. F. No. 688, A bill for an act relating to education; allowing schools to maintain a supply of epinephrine auto-injectors; providing immunity from liability; amending Minnesota Statutes 2012, sections 121A.22, subdivision 2; 121A.2205; 604A.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 355

Liebling, Masin, Savick, Selcer, Fritz, Fischer, Mullery, Clark and Abeler introduced:

 

H. F. No. 689, A bill for an act relating to human services; appropriating money for programs related to reducing fetal alcohol syndrome.

 

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

 

 

Mahoney; Cornish; Dehn, R.; Lesch; Metsa; Moran; Nelson; Melin; Dorholt; Schoen; Beard and Leidiger introduced:

 

H. F. No. 690, A bill for an act relating to employment; limiting reliance on criminal history for employment purposes; providing for remedies; amending Minnesota Statutes 2012, sections 181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.

 

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

 

 

Marquart introduced:

 

H. F. No. 691, A bill for an act relating to capital investment; appropriating money for a waste transfer facility in Becker County; authorizing the sale and issuance of state bonds.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 692, A bill for an act relating to special assessments; defining unimproved property for purposes of deferments; reorganizing provisions relating to the assessment hearing; making conforming amendments; amending Minnesota Statutes 2012, sections 273.111, subdivisions 3, 11; 273.114, subdivision 8; 429.061, subdivisions 1, 2, by adding subdivisions.

 

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

 

 

Davids introduced:

 

H. F. No. 693, A bill for an act relating to capital investment; appropriating money for the Lanesboro Dam; authorizing the sale and issuance of state bonds.

 

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

 

 

Lesch; Falk; Bly; Hilstrom; Wagenius; Liebling; Loeffler; Hornstein; Isaacson; Johnson, S.; Masin; Winkler; Hansen; Clark; Hortman; Moran; Simon; Laine; Rosenthal and Fritz introduced:

 

H. F. No. 694, A bill for an act relating to debt management and debt settlement; clarifying exemption for attorneys at law; modifying regulation of debt settlement services; amending Minnesota Statutes 2012, sections 332A.02, subdivision 8, by adding a subdivision; 332B.02, subdivision 13, by adding a subdivision; 332B.06, subdivisions 1, 4; 332B.09.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 356

Simon introduced:

 

H. F. No. 695, A bill for an act relating to data practices; extending the classification of private data maintained by a library to a vendor providing electronic data services under contract with a library; amending Minnesota Statutes 2012, section 13.40, subdivision 2.

 

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

 

 

Mullery introduced:

 

H. F. No. 696, A bill for an act relating to capital investment; appropriating money to design and construct bicycle and pedestrian facilities along 26th Avenue North in Minneapolis; authorizing the sale and issuance of state bonds.

 

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

 

 

Mullery introduced:

 

H. F. No. 697, A bill for an act relating to human services; establishing a Homeless Youth Task Force; proposing coding for new law in Minnesota Statutes, chapter 256.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Halverson; Gunther; Rosenthal; Abeler; Clark; Faust; Simonson; Isaacson; Hamilton; Mariani; Sundin; Moran; Laine; Newton; Radinovich; Norton; Dehn, R.; Liebling; Ward, J.E.; Dorholt; Fritz; Sawatzky; Lillie; Persell; Ward, J.A.; Murphy, M.; Allen; Mullery; Lesch; Loeffler; Hausman and Brynaert introduced:

 

H. F. No. 698, A bill for an act relating to human services; modifying the Runaway and Homeless Youth Act; appropriating money; amending Minnesota Statutes 2012, section 256K.45; repealing Minnesota Statutes 2012, section 256K.45, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Simonson, Schoen, Davnie and Melin introduced:

 

H. F. No. 699, A bill for an act relating to military officers; providing for reimbursement grants to local units of government for public safety personnel on authorized leave; amending Minnesota Statutes 2012, sections 190.16, by adding a subdivision; 192.26, by adding a subdivision.

 

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

 

 

Simonson introduced:

 

H. F. No. 700, A bill for an act relating to liquor; modifying off-sale intoxicating liquor sales; amending Minnesota Statutes 2012, section 340A.504, subdivision 4.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 357

Ward, J.A.; Savick; Sawatzky; Isaacson; Falk and Yarusso introduced:

 

H. F. No. 701, A bill for an act relating to water; appropriating money to synthesize groundwater quality and quantity data.

 

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

 

 

Atkins introduced:

 

H. F. No. 702, A bill for an act relating to capital improvements; appropriating money for park and trail improvements in Inver Grove Heights; authorizing the sale and issuance of state bonds.

 

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

 

 

Clark; Liebling; Dehn, R.; Loeffler and Kahn introduced:

 

H. F. No. 703, A bill for an act relating to human services; modifying a child care assistance financial eligibility provision; modifying commissioner's duties; amending Minnesota Statutes 2012, sections 119B.09, subdivision 9a; 256.01, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Hilstrom; Holberg; Moran; Scott; Isaacson; Johnson, S.; Lesch; Anzelc; Mahoney; Hausman; Mariani and Clark introduced:

 

H. F. No. 704, A bill for an act relating to children; creating the Family Reunification Act of 2013; amending Minnesota Statutes 2012, section 260C.101, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Bly introduced:

 

H. F. No. 705, A bill for an act relating to retirement; Public Employees Retirement Association general employees retirement plan; authorizing a purchase of prior service credit for certain Northfield employees.

 

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

 

 

Nelson and Schoen introduced:

 

H. F. No. 706, A bill for an act relating to tax increment financing; extending temporary authority; amending Minnesota Statutes 2012, section 469.176, subdivisions 4c, 4m.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 358

Nelson introduced:

 

H. F. No. 707, A bill for an act relating to tax increment financing; extending the five-year rule to ten years; amending Minnesota Statutes 2012, section 469.1763, subdivisions 3, 4.

 

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

 

 

Masin, Erhardt, Hornstein, Metsa, Newton and Dorholt introduced:

 

H. F. No. 708, A bill for an act relating to transportation; amending local option taxes for transportation; broadening authority for county wheelage tax; making technical changes; amending Minnesota Statutes 2012, section 163.051.

 

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

 

 

Sawatzky, Hornstein, Erhardt and Brynaert introduced:

 

H. F. No. 709, A bill for an act relating to transportation; amending local option taxes for transportation; broadening authority for county wheelage tax; amending authority for greater Minnesota transportation sales tax; making technical changes; amending Minnesota Statutes 2012, sections 163.051; 297A.993, subdivision 1.

 

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

 

 

Halverson; Abeler; Fritz; Huntley; Hamilton; Dean, M.; Zerwas; Marquart and Schomacker introduced:

 

H. F. No. 710, A bill for an act relating to human services; repealing certain long-term care provider rate reductions; repealing Minnesota Statutes 2012, section 256B.5012, subdivisions 12, 13; Laws 2011, First Special Session chapter 9, article 7, section 54, as amended.

 

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

 

 

Ward, J.E.; Atkins; Nornes; Davids; Persell; Lillie and Murphy, M., introduced:

 

H. F. No. 711, A bill for an act relating to tourism; appropriating money for Explore Minnesota Tourism.

 

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

 

 

Atkins; Ward, J.E.; Nornes; Davids; Persell and Lillie introduced:

 

H. F. No. 712, A bill for an act relating to tourism; motor vehicles; modifying the deposit of revenues from the rental motor vehicles tax; amending Minnesota Statutes 2012, section 297A.94.

 

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


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 359

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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 6, A bill for an act relating to taxation; conforming certain income, franchise, and property tax refund provisions for tax year 2012 to the provisions of the Federal Aviation Administration Modernization and Reform Act of 2012 and the American Taxpayer Relief Act of 2012; amending Minnesota Statutes 2012, sections 290.01, subdivisions 19, 31; 290A.03, subdivision 15.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Davids moved that the House refuse to concur in the Senate amendments to H. F. No. 6, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.

 

 

A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

On the motion of Davids and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

Murphy, E., moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 360

The question recurred on the Davids motion that the House refuse to concur in the Senate amendments to H. F. No. 6, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate and the roll was called. There were 60 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Melin

Metsa

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail.

 

 

CONCURRENCE AND REPASSAGE

 

Lenczewski moved that the House concur in the Senate amendments to H. F. No. 6 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 6, A bill for an act relating to taxation; conforming certain income, franchise, and property tax refund provisions for tax year 2012 to the provisions of the Federal Aviation Administration Modernization and Reform Act of 2012 and the American Taxpayer Relief Act of 2012; changing provisions relating to the Iron Range Resources and Rehabilitation Board; amending Minnesota Statutes 2012, sections 116J.424; 270C.13, subdivision 1; 290.01, subdivisions 19, 31; 290A.03, subdivision 15; 298.22, subdivisions 5a, 8, 10, 11, by adding a subdivision; 298.221; 298.2211, subdivision 3; 298.2213, subdivision 4; 298.2214, subdivision 6; 298.223, subdivisions 1, 2; 298.227; 298.28, subdivision 9d; 298.292, subdivision 2; 298.294; 298.296, subdivisions 1, 2; 298.2961, subdivisions 2, 4, 5; repealing Minnesota Statutes 2012, section 298.22, subdivision 2.

 

 

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 361

The question was taken on the repassage of the bill and the roll was called. There were 109 yeas and 19 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Daudt

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kieffer

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

Those who voted in the negative were:

 


Anzelc

Beard

Cornish

Davids

Drazkowski

Franson

Gunther

Holberg

Howe

Kelly

Kiel

Leidiger

Lohmer

Melin

Metsa

Newberger

Peppin

Runbeck

Scott


 

 

The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

CALL OF THE HOUSE LIFTED

 

Murphy, E. moved that the call of the House be lifted. The motion prevailed and it was so ordered.

 

 

Benson, M.; Holberg; O'Driscoll and Petersburg were excused for the remainder of today's session.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 19 was reported to the House.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 362

Hortman moved that H. F. No. 19, now on the Calendar for the Day, be re-referred to the Committee on Civil Law. The motion prevailed.

 

 

H. F. No. 141 was reported to the House.

 

 

Daudt moved to amend H. F. No. 141 as follows:

 

Page 1, line 8, strike "The" and insert "A district board in the seven-county metro area shall, by resolution, provide that supervisors will be elected by supervisor districts as provided in this subdivision. A" and after "board" insert "outside the seven-county metro area"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Daudt amendment and the roll was called. There were 50 yeas and 73 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, P.

Barrett

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hansen

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Abeler

Allen

Anderson, S.

Anzelc

Atkins

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 363

Daudt moved to amend H. F. No. 141 as follows:

 

Page 2, after line 9, insert:

 

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

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Daudt amendment and the roll was called. There were 51 yeas and 73 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Gunther

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Daudt moved to amend H. F. No. 141 as follows:

 

Page 2, line 2, after "resident" insert "or resident owner"

 

 

A roll call was requested and properly seconded.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 364

The question was taken on the Daudt amendment and the roll was called. There were 50 yeas and 72 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Daudt moved to amend H. F. No. 141 as follows:

 

Page 2, after line 9, insert:

 

"Sec. 2. Minnesota Statutes 2012, section 103C.601, is amended by adding a subdivision to read:

 

Subd. 10. Reverse referendum. If the district board is directed by resolution of a county to undertake a project with a cost expected to exceed $100,000, the resolution must be published for two successive weeks in a newspaper of general circulation within the soil and water conservation district. The voters of the soil and water conservation district may request a referendum on the proposed project by filing a petition with the county auditor within 30 days after the resolution is published. The petition must be signed by voters who reside in the district. The number of signatures must equal at least five percent of the number of persons voting in the district in the last general election. If such a petition is timely filed, the resolution is not effective until it has been submitted to the voters residing in the district at a general or special election and a majority of votes cast on the question of approving the resolution are in the affirmative."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 365

The question was taken on the Daudt amendment and the roll was called. There were 48 yeas and 74 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Daudt moved to amend H. F. No. 141 as follows:

 

Page 1, after line 5, insert:

 

"Section 1. Minnesota Statutes 2012, section 103C.205, is amended to read:

 

103C.205 ANNEXING ADDITIONAL AREA.

 

(a) Resident owners may file a petition to include additional area within an existing district with the state board. The procedure for a petition to establish a district shall be followed on a petition to include additional area. The state board shall prescribe the form for the petition, which shall be as nearly as possible in the form for a petition to organize a district.

 

(b) If the petition for an area proposed for inclusion is signed by a majority of the resident owners in the area, a referendum need not be held.

 

(c) In a referendum to include additional area, all eligible voters within the proposed additional area may vote.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 366

(d) It is not necessary to obtain the consent of the majority of fee owners within the district before the additional area is annexed to a district."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Daudt amendment and the roll was called. There were 47 yeas and 76 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Urdahl

Wills

Woodard

Zellers


 

Those who voted in the negative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Daudt moved to amend H. F. No. 141 as follows:

 

Page 2, after line 9, insert:

 

"Sec. 2. Minnesota Statutes 2012, section 103C.331, subdivision 8, is amended to read:

 

Subd. 8. Acquisition and maintenance of property; notification. A district may acquire any rights or interests in real or personal property by option, purchase, exchange, lease, gift, grant, bequest, devise, or otherwise. It may maintain, operate, administer, and improve any properties acquired. It may receive income from the


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 367

properties and expend the income to implement this chapter and sections 103F.401 to 103F.455. It may sell, lease, or otherwise dispose of any of its property or interests. A district must annually provide a list of all real or personal property acquired in the previous year to all voters in the district. The district must quarterly post a list of all real or personal property acquired in the previous quarter on the district's Web site."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Daudt amendment and the roll was called. There were 50 yeas and 73 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Daudt

Davids

Dean, M.

Dettmer

Dill

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Daudt offered an amendment to H. F. No. 141.

 

 

POINT OF ORDER

 

Murphy, E., raised a point of order pursuant to rule 3.21 that the Daudt amendment was not in order. The Speaker ruled the point of order well taken and the Daudt amendment out of order.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 368

Woodard appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 73 yeas and 50 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Urdahl

Woodard

Zellers

Zerwas


 

 

So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Torkelson moved to amend H. F. No. 141 as follows:

 

Page 1, line 8, strike ", with the approval"

 

Page 1, line 9, strike "of the state board, may" and insert "shall"

 

 

A roll call was requested and properly seconded.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 369

The question was taken on the Torkelson amendment and the roll was called. There were 51 yeas and 72 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hansen

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Urdahl

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail and the amendment was not adopted.

 

 

H. F. No. 141, A bill for an act relating to elections; soil and water conservation districts; modifying timeline in which a copy of the resolution establishing supervision districts is filed; amending Minnesota Statutes 2012, section 103C.311, subdivision 2.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 122 yeas and 2 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 370

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Neill

Paymar

Pelowski

Persell

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

Those who voted in the negative were:

 


Anderson, S.

Peppin


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 87, A bill for an act relating to real property; providing for affidavit of survivorship; providing for release or partial release of lien of a mortgage; claiming an interest in registered land after registration; making technical and conforming changes; amending Minnesota Statutes 2012, sections 507.092, subdivision 1; 507.403; 508.70, subdivision 1; 508.82, subdivision 1; 508A.70, subdivision 1; 508A.82, subdivision 1.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 120 yeas and 4 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Neill

Paymar

Pelowski

Persell

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen



Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 371

Those who voted in the negative were:

 


Garofalo

Leidiger

Lohmer

Peppin


 

 

The bill was passed and its title agreed to.

 

 

Urdahl was excused for the remainder of today's session.

 

 

H. F. No. 90 was reported to the House.

 

 

Kelly offered an amendment to H. F. No. 90, the first engrossment.

 

 

POINT OF ORDER

 

Hilstrom raised a point of order pursuant to rule 3.21 that the Kelly amendment was not in order. The Speaker ruled the point of order well taken and the Kelly amendment out of order.

 

 

Kelly appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 73 yeas and 50 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Kieffer

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 372

Kelly

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Wills

Woodard

Zellers

Zerwas


 

 

So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Kelly offered an amendment to H. F. No. 90, the first engrossment.

 

 

POINT OF ORDER

 

Hilstrom raised a point of order pursuant to rule 3.21 that the Kelly amendment was not in order. The Speaker ruled the point of order well taken and the Kelly amendment out of order.

 

 

Kelly appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 72 yeas and 51 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Wills

Woodard

Zellers

Zerwas


 

 

So it was the judgment of the House that the decision of the Speaker should stand.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 373

H. F. No. 90, A bill for an act relating to crime; allowing offenses for financial exploitation of a vulnerable adult to be aggregated over a six-month period; expanding venue options for financial exploitation of a vulnerable adult; amending Minnesota Statutes 2012, section 609.2335, by adding subdivisions.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 122 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Neill

Paymar

Pelowski

Peppin

Persell

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Torkelson

Uglem

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

Woodard moved that the name of Barrett be added as an author on H. F. No. 134. The motion prevailed.

 

Kieffer moved that the name of Ward, J.E., be added as an author on H. F. No. 142. The motion prevailed.

 

Morgan moved that the name of Fischer be added as an author on H. F. No. 203. The motion prevailed.

 

Loeffler moved that the name of Freiberg be added as an author on H. F. No. 205. The motion prevailed.

 

Woodard moved that the name of Barrett be added as an author on H. F. No. 235. The motion prevailed.

 

Dehn, R., moved that the name of Morgan be added as an author on H. F. No. 276. The motion prevailed.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 374

Winkler moved that the name of Freiberg be added as an author on H. F. No. 336. The motion prevailed.

 

Benson, J., moved that the name of Ward, J.E., be added as an author on H. F. No. 363. The motion prevailed.

 

Rosenthal moved that the name of Bly be added as an author on H. F. No. 401. The motion prevailed.

 

Benson, J., moved that the names of Wagenius and Freiberg be added as authors on H. F. No. 405. The motion prevailed.

 

Hilstrom moved that the name of Simon be added as an author on H. F. No. 411. The motion prevailed.

 

Drazkowski moved that the names of Dettmer and Erickson, S., be added as authors on H. F. No. 419. The motion prevailed.

 

Ward, J.E., moved that the name of Ward, J.A., be added as an author on H. F. No. 456. The motion prevailed.

 

Persell moved that the name of Dehn, R., be added as an author on H. F. No. 458. The motion prevailed.

 

Atkins moved that the name of Dehn, R., be added as an author on H. F. No. 459. The motion prevailed.

 

Allen moved that the names of Lenczewski and Ward, J.E., be added as authors on H. F. No. 485. The motion prevailed.

 

Kahn moved that the name of Bernardy be added as an author on H. F. No. 530. The motion prevailed.

 

Kahn moved that the name of Bernardy be added as an author on H. F. No. 531. The motion prevailed.

 

Hansen moved that the name of Dehn, R., be added as an author on H. F. No. 581. The motion prevailed.

 

McNamar moved that the name of Nornes be added as an author on H. F. No. 582. The motion prevailed.

 

Winkler moved that the names of Dehn, R.; Isaacson; Laine; Quam and Fischer be added as authors on H. F. No. 592. The motion prevailed.

 

Poppe moved that the name of Kahn be added as an author on H. F. No. 595. The motion prevailed.

 

Winkler moved that the name of Dehn, R., be added as an author on H. F. No. 599. The motion prevailed.

 

Atkins moved that the name of Kahn be added as an author on H. F. No. 601. The motion prevailed.

 

Winkler moved that the name of Kahn be added as an author on H. F. No. 605. The motion prevailed.

 

Kahn moved that the name of Dehn, R., be added as an author on H. F. No. 609. The motion prevailed.

 

Lesch moved that the name of Erhardt be added as an author on H. F. No. 626. The motion prevailed.

 

Fabian moved that H. F. No. 279, now on the General Register, be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

A roll call was requested and properly seconded.


Journal of the House - 15th Day - Monday, February 18, 2013 - Top of Page 375

The question was taken on the Fabian motion and the roll was called. There were 51 yeas and 71 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

McNamara

Myhra

Newberger

Nornes

O'Neill

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

The motion did not prevail.

 

 

Dettmer; Dehn, R.; Hoppe; Lenczewski and Marquart introduced:

 

House Resolution No. 2, A House resolution expressing the sense of the House in opposition to the International Olympic Committee (IOC) decision to remove freestyle and Greco-Roman wrestling from the Olympic Games beginning in 2020.

 

The resolution was referred to the Committee on Rules and Legislative Administration.

 

 

ADJOURNMENT

 

Murphy, E., moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, February 20, 2013. The motion prevailed.

 

Murphy, E., moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Wednesday, February 20, 2013.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


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