Journal of the House - 67th
Day - Monday, February 22, 2010 - Top of Page 7869
STATE OF MINNESOTA
Journal of the
House
EIGHTY-SIXTH SESSION - 2010
_____________________
SIXTY-SEVENTH DAY
Saint Paul, Minnesota, Monday, February 22,
2010
The House of Representatives convened at 1:00 p. m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Herb Sam, Spiritual Leader, Mille Lacs
Band of Ojibwe.
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:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Abeler and Howes were excused until 7:30 p.m..
The Chief Clerk proceeded to read the Journal of the preceding
day. Beard moved that further reading of
the Journal be dispensed with and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
Journal of the House - 67th
Day - Monday, February 22, 2010 - Top of Page 7870
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Pelowski from the Committee on State and Local
Government Operations Reform, Technology and Elections to which was referred:
H. F. No. 365, A bill for an act relating to state
government; proposing a constitutional amendment to change the method for
amending the Minnesota Constitution.
Reported the same back with the recommendation that
the bill pass and be re-referred to the Committee on Finance.
The report
was adopted.
Hilstrom from the Committee on Public Safety Policy
and Oversight to which was referred:
H. F. No. 524, A bill for an act relating to public
safety; establishing the county jail reentry project; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 641.
Reported the same back with the recommendation that
the bill pass and be re-referred to the Committee on Finance.
The report
was adopted.
Thissen from the Committee on Health Care and Human
Services Policy and Oversight to which was referred:
H. F. No. 1217, A bill for an act relating to solid
waste; requiring drug producers to register and pay a fee; providing for a drug
collection program funded by drug producers; requiring reports; creating an
account; providing penalties; expanding categories of persons allowed to
possess legend and nonprescription drugs to include those disposing of them;
modifying definitions; prohibiting flushing drugs into sewer system by health
care facilities; appropriating money; amending Minnesota Statutes 2008,
sections 151.37, subdivisions 6, 7; 151.44; proposing coding for new law in
Minnesota Statutes, chapters 115A; 144.
Reported the same back with the following amendments:
Page 2, after line 23, insert:
"Subd. 10.
Notification. "Notification" means a document
required under section 115A.1413 that describes the elements of a program and
the manner in which it will be provided."
Page 2, line 24, delete "10" and
insert "11"
Page 2, delete lines 27 and 28
Page 4, after line 22, insert:
"Subd. 4.
Emergency exception. The commissioner of health may grant
producers a public health exemption to subdivisions 1 to 3 for prescription
drugs if the commissioner of health determines it is necessary to carry out the
duties of sections 144.05, 144.4197, 144.4198, and 151.37, subdivisions 2 and
10."
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7871
Page 5, line
13, delete "Program plan" and insert "Notification"
and delete "(a)"
Page 5, line
14, delete the second "program"
Page 5, delete
line 15 and insert "notification before beginning to collect"
Page 5, line
16, delete "program plan" and insert "notification"
Page 5, delete
lines 29 to 35
Page 6, line 8,
delete "plan that has been approved" and insert "notification
that has been filed"
Page 6, line
14, delete "approved" and insert "under section
115A.1413"
Page 6, line
15, delete "by the agency"
Page 6, line
29, delete "plan" and insert "notification"
Page 7, line
12, delete "plans in a program year" and insert "programs"
Page 7, line
26, delete everything after "review" and insert "notifications
submitted"
Page 8, line 8,
delete "plan" and delete "plan's" and insert
"program's"
Page 8, line 9,
delete "plan"
Page 10, line
13, delete "January 1, 2011" and insert "six months
after the United States Drug Enforcement Administration approves an alternative
system of disposal for unwanted drugs that complies with the federal Controlled
Substances Act"
Page 10, line
28, delete "program plan approved by" and insert "notification
filed with"
Page 11, line
12, delete "program plan approved" and insert "notification
filed"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety Policy and Oversight.
The
report was adopted.
Thissen from
the Committee on Health Care and Human Services Policy and Oversight to which
was referred:
H. F. No. 1847,
A bill for an act relating to insurance; requiring health plans to establish
equal out-of-pocket requirements for oral chemotherapy medications and
intravenously administered chemotherapy medications; proposing coding for new
law in Minnesota Statutes, chapter 62A.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7872
"Section
1. [62A.3075]
CANCER CHEMOTHERAPY TREATMENT COVERAGE.
(a) A health plan
company that provides coverage under a health plan for cancer chemotherapy
treatment shall not require a higher co-payment, deductible, or coinsurance
amount for a prescribed, orally administered anticancer medication that is used
to kill or slow the growth of cancerous cells than what the health plan
requires for an intravenously administered or injected cancer medication that
is provided, regardless of formulation or benefit category determination by the
health plan company.
(b) A health
plan company shall not achieve compliance with this section by imposing an
increase in co-payment, deductible, or coinsurance amount for an intravenously
administered or injected cancer chemotherapy agents covered under the health
plan.
(c) Nothing
in this section shall be interpreted to prohibit a health plan company from
requiring prior authorization or imposing other appropriate utilization
controls in approving coverage for any chemotherapy.
EFFECTIVE DATE.
Paragraphs (a) and (c) are effective August 1, 2010, and apply to
health plans providing coverage to a Minnesota resident offered, issued, sold,
renewed, or continued as defined in Minnesota Statutes, section 60A.02,
subdivision 2a, on or after that date.
Paragraph (b) is effective the day following final enactment."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Hornstein from
the Transportation and Transit Policy and Oversight Division to which was
referred:
H. F. No. 2231,
A bill for an act relating to transportation; allowing road authorities to
remove snow from certain roads in uncompleted subdivisions; amending Minnesota
Statutes 2008, section 160.21, by adding a subdivision.
Reported the
same back with the following amendments:
Page 1, line 8,
after "authority" insert ", including a statutory or
home rule charter city,"
Page 1, line 12,
delete "and" and insert "or"
Page 2, line 6,
delete "2012" and insert "2013"
With the recommendation
that when so amended the bill pass and be re-referred to the Committee on Civil
Justice.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 2577,
A bill for an act proposing an amendment to the Minnesota Constitution, article
IV, section 12; adding a provision to allow legislators to call a special
session.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7873
Hilstrom from
the Committee on Public Safety Policy and Oversight to which was referred:
H. F. No. 2607,
A bill for an act relating to public safety; clarifying detention placement
options for extended jurisdiction juveniles pending revocation hearings;
amending Minnesota Statutes 2008, section 260B.130, subdivision 5.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Hilstrom from
the Committee on Public Safety Policy and Oversight to which was referred:
H. F. No. 2618, A
bill for an act relating to juveniles; requiring the court to provide a general
notice of collateral sanctions to a juvenile before accepting a guilty plea;
amending Minnesota Statutes 2008, section 260B.163, by adding a subdivision.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Thissen from the
Committee on Health Care and Human Services Policy and Oversight to which was
referred:
H. F. No. 2623,
A bill for an act relating to human services; clarifying medical assistance
coverage for children's therapeutic services; amending Minnesota Statutes 2009
Supplement, section 256B.0943, subdivision 12.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Solberg from the
Committee on Ways and Means to which was referred:
H. F. No. 2624,
A bill for an act relating to state government; appropriating money for
environment and natural resources.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Hilstrom from
the Committee on Public Safety Policy and Oversight to which was referred:
H. F. No. 2701, A
bill for an act relating to occupations and professions; modifying terms
relating to firefighters; amending Minnesota Statutes 2009 Supplement, section
299N.03, subdivision 5.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7874
Mariani from the
Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 2703,
A bill for an act relating to education; clarifying rulemaking authority of the
Board of Teaching; amending Minnesota Statutes 2009 Supplement, section
122A.09, subdivision 4.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
The
report was adopted.
Thissen from the
Committee on Health Care and Human Services Policy and Oversight to which was
referred:
H. F. No. 2752,
A bill for an act relating to health; requiring an amended death record when
ordered by the court; amending Minnesota Statutes 2008, sections 144.221, by
adding a subdivision; 390.23.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Civil Justice.
The
report was adopted.
Solberg from the
Committee on Ways and Means to which was referred:
H. F. No. 2763,
A bill for an act relating to taxation; accelerating the income tax charitable
deduction for relief of Haitian earthquake victims; amending Minnesota Statutes
2009 Supplement, section 290.01, subdivisions 19, 19b.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Mariani from the
Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 2880,
A bill for an act relating to education; amending requirement for GRAD retakes;
amending Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1.
Reported the same
back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Hilstrom from
the Committee on Public Safety Policy and Oversight to which was referred:
H. F. No. 2888,
A bill for an act relating to crimes; providing penalty for careless driving
resulting in death; amending Minnesota Statutes 2008, section 169.13, by adding
a subdivision.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Transportation and Transit Policy and Oversight Division.
The
report was adopted.
Journal of the House - 67th Day - Monday, February 22,
2010 - Top of Page 7875
Hornstein from the Transportation and Transit Policy
and Oversight Division to which was referred:
H. F. No. 2914, A bill for an act relating to motor
vehicles; prohibiting sale of illegally tinted motor vehicle windows; amending
Minnesota Statutes 2008, section 169.71, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:
"Section 1.
Minnesota Statutes 2008, section 169.71, is amended by adding a
subdivision to read:
Subd. 5. Glazing
material; prohibitions on sale. (a)
No person shall sell or offer for sale or use on any motor vehicle, windows or
windshields that are composed of, covered by, or treated with material that
fails to comply with the provisions of subdivision 4. No person shall apply or offer to apply, as
part of a business transaction, material to motor vehicle windows or
windshields that fails to comply with the provisions of subdivision 4.
(b) Violation of this subdivision is a misdemeanor.
(c) This subdivision does not apply to sale or offers
for sale of a motor vehicle containing windows or windshields composed of,
covered by, or treated with material that fails to comply with the provisions
of subdivision 4."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Commerce and Labor.
The report
was adopted.
Hilstrom from the Committee on Public Safety Policy
and Oversight to which was referred:
H. F. No. 2950, A bill for an act relating to crime;
prohibiting deceptive practices in the sale of event tickets; amending
Minnesota Statutes 2009 Supplement, section 609.807.
Reported the same back with the recommendation that
the bill pass and be re-referred to the Committee on Commerce and Labor.
The report
was adopted.
Pelowski from the Committee on State and Local
Government Operations Reform, Technology and Elections to which was referred:
S. F. No. 80, A bill for an act relating to elections;
campaign finance; removing certain unconstitutional provisions governing independent
expenditures in political campaigns; changing certain campaign expenditure and
contribution limits and certain reporting requirements; authorizing electronic
filing of certain items with the Campaign Finance and Public Disclosure Board;
providing contribution limits for judicial candidates; increasing contribution
limits for candidates for secretary of state, state auditor and the
legislature; making certain reports filed with the Campaign Finance and Public
Disclosure Board nonpublic data until certain conditions have been met;
requiring the public subsidy for an eligible candidate be withheld until a
required report has been filed; amending Minnesota Statutes 2008, sections
10A.01, subdivisions 9, 11, 18, 26; 10A.04, subdivision 5; 10A.071, subdivision
Journal of the House - 67th Day - Monday, February 22,
2010 - Top of Page 7876
3; 10A.08; 10A.09, subdivision 7; 10A.14, subdivisions
2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12, 13, by adding
subdivisions; 10A.27, subdivision 1; 10A.31, subdivision 6, by adding a
subdivision; 10A.322, subdivision 1; 10A.323; 10A.35; 13.607, by adding a
subdivision; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.12; repealing
Minnesota Statutes 2008, section 10A.20, subdivision 6b.
Reported the same back with the
following amendments:
Delete everything after the enacting
clause and insert:
"Section 1. Minnesota Statutes 2008, section 10A.01,
subdivision 18, is amended to read:
Subd. 18. Independent
expenditure. "Independent
expenditure" means an expenditure expressly advocating the election or
defeat of a clearly identified candidate, if the expenditure is made without
the express or implied consent, authorization, or cooperation of, and not in
concert with or at the request or suggestion of, any candidate or any
candidate's principal campaign committee or agent. An independent expenditure is not a
contribution to that candidate. An
expenditure by a political party or political party unit in a race where the
political party has a candidate on the ballot is not an independent
expenditure.
Sec. 2. Minnesota Statutes 2008, section 10A.01,
subdivision 26, is amended to read:
Subd. 26. Noncampaign
disbursement. "Noncampaign
disbursement" means a purchase or payment of money or anything of value
made, or an advance of credit incurred, or a donation in kind received, by a
principal campaign committee for any of the following purposes:
(1) payment for accounting and legal
services;
(2) return of a contribution to the
source;
(3) repayment of a loan made to the
principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages,
and necessary utensils and supplies, entertainment, and facility rental for
a fund-raising event;
(6) services for a constituent by a
member of the legislature or a constitutional officer in the executive branch,
including the costs of preparing and distributing a suggestion or idea solicitation
to constituents, performed from the beginning of the term of office to
adjournment sine die of the legislature in the election year for the office
held, and half the cost of services for a constituent by a member of the
legislature or a constitutional officer in the executive branch performed from
adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages
consumed by a candidate or volunteers while they are engaged in campaign
activities;
(8) payment for food or a beverage
consumed while attending a reception or meeting directly related to legislative
duties;
(9) payment of expenses incurred by
elected or appointed leaders of a legislative caucus in carrying out their
leadership responsibilities;
Journal of the House - 67th Day - Monday, February 22,
2010 - Top of Page 7877
(10) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than for personal
uses;
(11) costs of child care for the candidate's children
when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election
year when a candidate's name will no longer appear on a ballot or the general
election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign
committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or
advertisements in the news media;
(17) the cost of campaign material purchased to
replace defective campaign material, if the defective material is destroyed
without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in
diameter containing legislator contact information and distributed to
constituents;
(21) costs associated with a candidate attending a
political party state or national convention in this state; and
(22) other purchases or payments specified in board
rules or advisory opinions as being for any purpose other than to influence the
nomination or election of a candidate or to promote or defeat a ballot question;
and
(23) costs paid to a third party for processing
contributions made by a credit card, debit card, or electronic check.
The board must determine whether an activity involves
a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in
the year in which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.
Sec. 3.
Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to
read:
Subd. 5. Late filing. The board must send a notice by certified
mail to any lobbyist or principal who fails after seven days after a filing
date imposed by this section to file a report or statement or to pay a fee
required by this section. If a
lobbyist or principal fails to file a report or pay a fee required by
this section within ten business days after the notice was sent
report was due, the board may impose a late filing fee of $5 per day, not
to exceed $100, commencing with the 11th day after the notice was sent
report was due. The board must send an
additional notice by certified mail to any lobbyist or principal who fails
to file a report or pay a fee within 14 days after the first notice
was sent by the board ten business days after the report was due
that the lobbyist or principal may be subject to a civil penalty for failure to
file the report or pay the fee. A
lobbyist or principal who fails to file a report or statement or pay a fee
within seven days after the second certified mail notice was sent
by the board is subject to a civil penalty imposed by the board of up to
$1,000.
Journal of the House - 67th Day - Monday, February 22,
2010 - Top of Page 7878
Sec. 4.
Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to
read:
Subd. 3. Exceptions. (a) The prohibitions in this section do not
apply if the gift is:
(1) a contribution as defined in section 10A.01,
subdivision 11;
(2) services to assist an official in the performance
of official duties, including but not limited to providing advice,
consultation, information, and communication in connection with legislation,
and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque with a resale value of $5 or less;
(5) a trinket or memento costing $5 or less;
(6) informational material of unexceptional value
with a resale value of $5 or less; or
(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an organization before whom
the recipient appears to make a speech or answer questions as part of a
program.
(b) The prohibitions in this section do not apply if
the gift is given:
(1) because of the recipient's membership in a group,
a majority of whose members are not officials, and an equivalent gift is given
to the other members of the group; or
(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of someone who is
not a member of that family.
Sec. 5.
Minnesota Statutes 2008, section 10A.08, is amended to read:
10A.08
REPRESENTATION DISCLOSURE.
A public official who represents a client for a fee
before an individual, board, commission, or agency that has rulemaking
authority in a hearing conducted under chapter 14, must disclose the official's
participation in the action to the board within 14 days after the
appearance. The board must send a
notice by certified mail to any public official who fails to disclose the
participation within 14 days after the appearance. If the public official fails to disclose
the participation within ten business days after the notice was sent
disclosure required by this section was due, the board may impose a late
filing fee of $5 per day, not to exceed $100, starting on the 11th day after
the notice was sent disclosure was due. The board must send an additional
notice by certified mail to a public official who fails to disclose the
participation within 14 ten business days after the first
notice was sent by the board disclosure was due that the public
official may be subject to a civil penalty for failure to disclose the
participation. A public official who
fails to disclose the participation within seven days after the second
certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
Sec. 6.
Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to
read:
Subd. 7. Late filing. The board must send a notice by certified
mail to any individual who fails within the prescribed time to file a statement
of economic interest required by this section.
If an individual fails to file a statement of economic interest
required by this section within ten business days after the notice was
sent, the board may impose a late filing fee of $5 per day, not to exceed $100,
commencing on the 11th day after the notice was sent statement was
due. The board must send an
additional notice by certified mail to any individual who fails to file a
Journal of the House - 67th Day - Monday, February 22,
2010 - Top of Page 7879
statement within 14 ten business days
after the first notice was sent by the board statement was due that
the individual may be subject to a civil penalty for failure to file a
statement. An individual who fails to
file a statement within seven days after the second certified mail
notice was sent by the board is subject to a civil penalty imposed by the board
up to $1,000.
Sec. 7. Minnesota Statutes 2008, section 10A.14,
subdivision 2, is amended to read:
Subd. 2. Form. The statement of organization must include:
(1) the name and address of the
committee, fund, or party unit;
(2) the name and,
address, and e-mail address of the chair of a political committee,
principal campaign committee, or party unit;
(3) the name and address of any
supporting association of a political fund;
(4) the name and,
address, and e-mail address of the treasurer and any deputy treasurers;
(5) the name, address, and e-mail
address of the candidate of a principal campaign committee;
(6) a listing of all depositories or safety deposit boxes
used; and
(6) (7) for the state committee of a political party only, a
list of its party units.
Sec. 8. Minnesota Statutes 2008, section 10A.14,
subdivision 4, is amended to read:
Subd. 4. Failure
to file; penalty. The board must
send a notice by certified mail to any individual who fails to file a statement
required by this section. If the
an individual fails to file a statement required by this section within
ten business days after the notice was sent statement was due,
the board may impose a late filing fee of $5 per day, not to exceed $100,
commencing with the 11th day after the notice was sent statement was
due.
The board must send an additional
notice by certified mail to any individual who fails to file a statement within
14 ten business days after the first notice was sent by the
board statement was due that the individual may be subject to a
civil penalty for failure to file the report statement. An individual who fails to file the statement
within seven days after the second certified mail notice was sent
by the board is subject to a civil penalty imposed by the board of up to
$1,000.
Sec. 9. Minnesota Statutes 2008, section 10A.14, is
amended by adding a subdivision to read:
Subd. 5.
Exemptions. For good cause shown, the board must grant
exemptions to the requirement that e-mail addresses be provided.
Sec. 10. Minnesota Statutes 2008, section 10A.20,
subdivision 1, is amended to read:
Subdivision 1. First
filing; duration. The treasurer of a
political committee, political fund, principal campaign committee, or party
unit must begin to file the reports required by this section in the first year
it receives contributions or makes expenditures in excess of $100 and must
continue to file until the committee, fund, or party unit is terminated. The reports must be filed electronically
in a standards-based open format specified by the board. For good cause shown, the board must grant
exemptions to the requirement that reports be filed electronically.
EFFECTIVE DATE. This section is
effective January 1, 2012, and applies to reports for election years on or
after that date.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7880
Sec. 11. Minnesota Statutes 2008, section 10A.20, is
amended by adding a subdivision to read:
Subd. 1b.
Release of reports. Except as provided in subdivision 1c, a
report filed under this section is nonpublic data until 8:00 a.m. on the day
following the day the report was due.
Sec. 12. Minnesota Statutes 2008, section 10A.20, is
amended by adding a subdivision to read:
Subd. 1c.
Reports of certain political
party units. (a) This
subdivision applies to the following party units:
(1) the two state party units of major
political parties that received the highest level of contributions in the last
election year;
(2) the two party units established by
members of a major party in the house of representatives that received the
highest level of contributions in the last election year; and
(3) the two party units established by
members of a major party in the senate that received the highest level of
contributions in the last election year.
(b) A report filed under this section
by a member of one of the party units listed in paragraph (a) is nonpublic data
until the reports of each of the party units in that group have been filed.
(c) A report filed electronically
under this section by a member of one of the party units listed in paragraph
(a) is nonpublic data unless the reports of each of the party units in that
group are filed electronically or until the board has created electronic data
from the nonelectronic report so that data from each report are available in
the same electronic form. The board may
produce a viewable image of an electronic report after the requirements of
paragraph (b) have been met.
(d) A party unit may waive the
restrictions on publication of data established in this section through a
written statement signed by the treasurer.
(e) Nothing in this subdivision
prevents the board from publicly disclosing that an entity subject to this
section has filed a report and the date the report was filed.
(f) Each group listed in paragraph (a)
is exempt from the electronic filing requirement unless both members of the
group have approved the filing format specified by the board.
Sec. 13. Minnesota Statutes 2008, section 10A.20,
subdivision 12, is amended to read:
Subd. 12. Failure
to file; penalty. The board must
send a notice by certified mail to any individual who fails to file a statement
required by this section. If an
individual fails to file a statement report required by this section
that is due January 31 within ten business days after the notice was
sent report was due, the board may impose a late filing fee of $5
per day, not to exceed $100, commencing with the 11th day after the notice
was sent report was due.
If an individual fails to file a statement
report required by this section that is due before a primary or election
within three days after the date due, regardless of whether the individual has
received any notice, the board may impose a late filing fee of $50 per day, not
to exceed $500, commencing on the fourth day after the date the statement was due.
The board must send an additional
notice by certified mail to an individual who fails to file a statement
report within 14 ten business days after the first notice
was sent by the board report was due that the individual may be
subject to a civil penalty for failure to file a statement the report. An individual who fails to file the statement
report within seven days after the second certified mail
notice was sent by the board is subject to a civil penalty imposed by the board
of up to $1,000.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7881
Sec. 14. Minnesota Statutes 2008, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1. Contribution
limits. (a) Except as provided in
subdivision 2, a candidate must not permit the candidate's principal campaign
committee to accept aggregate contributions made or delivered by any
individual, political committee, or political fund in excess of the following:
(1) to candidates for governor and
lieutenant governor running together, $2,000 in an election year for the office
sought and $500 in other years;
(2) to a candidate for attorney
general, $1,000 in an election year for the office sought and $200 in other
years;
(3) to a candidate for the office of
secretary of state or state auditor, $500 in an election year for the office
sought and $100 in other years;
(4) to a candidate for state senator,
$500 in an election year for the office sought and $100 in other years; and
(5) to a candidate for state
representative, $500 in an election year for the office sought and $100 in the
other year; and
(6) to a candidate for judicial
office, $2,000 in an election year for the office sought and $500 in other
years.
(b) The following deliveries are not
subject to the bundling limitation in this subdivision:
(1) delivery of contributions
collected by a member of the candidate's principal campaign committee, such as
a block worker or a volunteer who hosts a fund-raising event, to the
committee's treasurer; and
(2) a delivery made by an individual
on behalf of the individual's spouse.
(c) A lobbyist, political committee,
political party unit, or political fund must not make a contribution a candidate
is prohibited from accepting.
EFFECTIVE DATE; APPLICABILITY.
This section is effective the day following final enactment, and
applies to contributions received by a candidate for judicial office on or
after that date. A candidate who has
accepted a contribution from an individual, political committee, or political
fund between January 1, 2010, and the effective date of this act may only
accept an additional contribution from that individual, political committee, or
political fund during calendar year 2010 to the extent that the additional
contribution does not cause the aggregate amount received from that contributor
to exceed the limit contained in this section.
Sec. 15. Minnesota Statutes 2008, section 10A.31, is
amended by adding a subdivision to read:
Subd. 7a.
Withholding of public subsidy. If a candidate who is eligible for payment
of public subsidy under this section has not filed the report of receipts and
expenditures required under section 10A.20 before a primary election, any public
subsidy for which that candidate is eligible must be withheld by the board
until the candidate complies with the filing requirements of section 10A.20 and
the board has sufficient time to review or audit the report. If a candidate who is eligible for public
subsidy does not file the report due before the primary election under section
10A.20 by the date that the report of receipts and expenditures filed before
the general election is due, that candidate shall not be paid public subsidy
for that election.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7882
Sec. 16. Minnesota Statutes 2008, section 10A.322,
subdivision 1, is amended to read:
Subdivision 1. Agreement
by candidate. (a) As a condition of
receiving a public subsidy, a candidate must sign and file with the board a
written agreement in which the candidate agrees that the candidate will comply
with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph
(c); 10A.324; and 10A.38.
(b) Before the first day of filing
for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms
to candidates on request at any time.
The candidate must file the agreement with the board by September 1
preceding the candidate's general election or a special election held at the
general election. An agreement may not
be filed after that date. An agreement
once filed may not be rescinded.
(c) The board must notify the
commissioner of revenue of any agreement signed under this subdivision.
(d) Notwithstanding paragraph (b), if
a vacancy occurs that will be filled by means of a special election and the
filing period does not coincide with the filing period for the general
election, a candidate may sign and submit a spending limit agreement not later
than the day after the candidate files the affidavit of candidacy or
nominating petition for the office close of the filing period for the
special election for which the candidate filed.
Sec. 17. Minnesota Statutes 2008, section 10A.323, is
amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
In addition to the requirements of section
10A.322, to be eligible to receive a public subsidy under section 10A.31 a
candidate or the candidate's treasurer must file an affidavit with the board
stating that during that calendar year the candidate has accumulated
contributions from persons eligible to vote in this state in at least the
amount indicated for the office sought, counting only the first $50 received
from each contributor:
(1) candidates for governor and
lieutenant governor running together, $35,000;
(2) candidates for attorney general,
$15,000;
(3) candidates for secretary of state
and state auditor, separately, $6,000;
(4) candidates for the senate,
$3,000; and
(5) candidates for the house of
representatives, $1,500.
The affidavit must state the total
amount of contributions that have been received from persons eligible to vote
in this state, disregarding the portion of any contribution in excess of $50.
The candidate or the candidate's
treasurer must submit the affidavit required by this section to the board in
writing by the cutoff date for reporting of receipts and expenditures before a
primary under section 10A.20, subdivision 4.
A candidate for a vacancy to be
filled at a special election for which the filing period does not coincide with
the filing period for the general election must submit the affidavit required
by this section to the board within five days after filing the affidavit of
candidacy the close of the filing period for the special election for
which the candidate filed.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7883
Sec. 18. Minnesota Statutes 2008, section 10A.35, is
amended to read:
10A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.
Information copied from reports and
statements filed with the board, other than reports and statements filed by
lobbyists and lobbyist principals, may not be sold or used by an individual
or association for a commercial purpose.
Purposes related to elections, political activities, or law enforcement
are not commercial purposes. An
individual or association who violates this section is subject to a civil
penalty of up to $1,000. An individual
who knowingly violates this section is guilty of a misdemeanor.
Sec. 19. Minnesota Statutes 2008, section 13.607, is
amended by adding a subdivision to read:
Subd. 5a.
Campaign reports. Certain reports filed with the Campaign
Finance and Public Disclosure Board are classified under section 10A.20.
Sec. 20. CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD; FUNDING OPTION.
The Campaign Finance and Public
Disclosure Board shall analyze the potential use of funds collected under
Minnesota Statutes, section 10A.31, as the exclusive source of funding for the
operations of the board.
The board must submit a report
describing the board's findings and recommendations under this section to the
chairs of the legislative committees with jurisdiction over elections finance
no later than January 15, 2011.
Sec. 21. REPEALER.
Minnesota Statutes 2008, section
10A.20, subdivision 6b, is repealed.
Sec. 22. EFFECTIVE
DATE.
Except as otherwise provided, this
act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to
elections; campaign finance; removing certain unconstitutional provisions
governing independent expenditures in political campaigns; changing certain
notice requirements and deadlines; changing certain campaign expenditure and
contribution limits and certain reporting requirements; authorizing electronic
filing of certain items with the Campaign Finance and Public Disclosure Board;
providing contribution limits for judicial candidates; making certain reports
filed with the Campaign Finance and Public Disclosure Board nonpublic data
until certain conditions have been met; requiring the public subsidy for an
eligible candidate be withheld until a required report has been filed;
requiring a report; amending Minnesota Statutes 2008, sections 10A.01,
subdivisions 18, 26; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.08;
10A.09, subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision;
10A.20, subdivisions 1, 12, by adding subdivisions; 10A.27, subdivision 1;
10A.31, by adding a subdivision; 10A.322, subdivision 1; 10A.323; 10A.35;
13.607, by adding a subdivision; repealing Minnesota Statutes 2008, section
10A.20, subdivision 6b."
With the recommendation that when so
amended the bill pass.
The
report was adopted.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7884
SECOND READING OF HOUSE BILLS
H.
F. Nos. 2607, 2624, 2701 and 2763 and
were read for the second time.
SECOND READING OF SENATE
BILLS
S.
F. No. 80 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Lenczewski introduced:
H. F. No. 3082, A bill for an act relating
to the state budget; reducing appropriations to balance the state budget;
modifying calculation of state aids and credits payable to cities, counties,
school districts, and other local governments; appropriating money; amending
Minnesota Statutes 2008, sections 126C.10, subdivision 2; 273.1384,
subdivisions 1, 2; 477A.013, subdivision 9; 477A.03, subdivisions 2a, 2b;
repealing Minnesota Statutes 2008, section 477A.03, subdivision 5.
The bill was read for the first time and
referred to the Committee on Finance.
Buesgens and Kohls introduced:
H. F. No. 3083, A bill for an act relating
to government finance; establishing a review period prior to legislative
actions on revenue and appropriations proposals; proposing coding for new law
as Minnesota Statutes, chapter 3D.
The bill was read for the first time and
referred to the Committee on Finance.
Dittrich, Rukavina, Greiling, Juhnke,
McFarlane, Morrow, Garofalo, Newton, Anzelc, Kath, Dill and Swails introduced:
H. F. No. 3084, A resolution memorializing
Congress and the Secretary of Agriculture to appropriate money and negotiate
with the State of Minnesota on the sale and exchange of school trust lands.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Marquart, Lanning, Kalin, Olin and Carlson
introduced:
H. F. No. 3085, A bill for an act relating
to interest rates; exempting eminent domain awards and property tax adjustments
and refunds from increased interest rates on certain judgments; amending
Minnesota Statutes 2008, sections 117.195, subdivision 1; 278.08.
The bill was read for the first time and
referred to the Committee on Taxes.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7885
Thissen, Simon, Hansen, Kelliher and
Sertich introduced:
H. F. No. 3086, A bill for an act relating
to health; providing for access to health records by surviving domestic
partners; including domestic partners in provisions governing health care
rights, consent to autopsies, and anatomical gifts; amending Minnesota Statutes
2008, sections 144.291, subdivision 2; 144.294, subdivision 1; 144.334;
144.651, subdivisions 2, 28; 144A.161, subdivision 1; 144A.75, subdivision 7;
253B.03, subdivision 6; 390.11, subdivision 2; 390.32, subdivision 3; 525A.02,
subdivision 6, by adding a subdivision; 525A.09; Minnesota Statutes 2009
Supplement, section 13.384, subdivision 3.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Seifert; Gottwalt; Kiffmeyer; Peppin;
Smith; Scott; Kelly; Shimanski; Drazkowski; Anderson, S.; Torkelson; Anderson,
P.; Haws; Urdahl; Dettmer; Demmer; Lanning and Gunther introduced:
H. F. No. 3087, A bill for an act relating
to state government; imposing a moratorium on unfunded mandates to businesses
and units of local government; creating
commissions to recommend elimination of unfunded mandates on units of
local government and to reduce mandates and paperwork imposed on businesses;
proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Hayden introduced:
H. F. No. 3088, A bill for an act relating
to human services; making changes to children and family services technical and
policy provisions; Minnesota family investment program and adult supports;
early childhood development; child welfare; amending Minnesota Statutes 2008,
sections 119B.189, by adding subdivisions; 119B.19, subdivision 7; 119B.21, as
amended; 245A.04, subdivision 11; 256.01, by adding a subdivision; 256.046,
subdivision 1; 256.82, subdivision 3; 256.98, subdivision 8; 256J.24,
subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425, subdivision 5;
260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201, subdivision 10;
260C.451; 626.556, subdivision 10; Minnesota Statutes 2009 Supplement, sections
256D.44, subdivision 3; 256J.24, subdivision 5; 256J.425, subdivision 2;
256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66, subdivision 1; 256J.95,
subdivisions 3, 11; 260.012; 260C.212, subdivision 7; repealing Minnesota
Statutes 2008, section 256.82, subdivision 5; Minnesota Rules, part 9560.0660.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Paymar, Cornish, Hilstrom and Gardner
introduced:
H. F. No. 3089, A bill for an act relating
to public safety; providing an exception to the statutory cap on bail for certain
nonfelony domestic abuse offenders; recodifying and clarifying the domestic
abuse no contact order law; expanding the tampering with a witness crime;
clarifying the requirement that the data communications network include orders
for protection and no contact orders; imposing criminal penalties; amending
Minnesota Statutes 2008, sections 299C.46, subdivision 6; 609.498, subdivision
2; 629.471, subdivision 3, by adding a subdivision; 629.72, subdivisions 1, 2;
proposing coding for new law in Minnesota Statutes, chapter 629; repealing
Minnesota Statutes 2008, section 518B.01, subdivision 22.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7886
Hilstrom, Gardner and Paymar introduced:
H. F. No. 3090, A bill for an act relating
to crime; modifying crime of stalking; amending Minnesota Statutes 2008,
section 609.749.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Demmer introduced:
H. F. No. 3091, A bill for an act relating
to natural resources; appropriating money to dredge and maintain Lake Shady.
The bill was read for the first time and
referred to the Committee on Finance.
Shimanski introduced:
H. F. No. 3092, A bill for an act relating
to taxation; sales and use; authorizing the city of Hutchinson to impose a sales
and use tax.
The bill was read for the first time and
referred to the Committee on Taxes.
Mariani, McFarlane, Slawik and Davnie
introduced:
H. F. No. 3093, A bill for an act relating
to education; establishing an alternative teacher preparation program and
limited-term teacher license; proposing coding for new law in Minnesota
Statutes, chapter 122A.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Eken introduced:
H. F. No. 3094, A bill for an act relating
to natural resources; modifying certain administrative accounts; modifying
electronic transaction provisions; providing for certain registration
exemptions; modifying all-terrain vehicle operation restrictions; modifying
state trails and canoe and boating routes; modifying fees and disposition of
certain receipts; modifying certain competitive bidding exemptions; modifying
horse trail pass provisions; modifying master plan requirements; modifying
beaver dam provisions; modifying the Water Law; modifying nongame wildlife
checkoffs; providing for acquisition of Lake Vermilion State Park; amending
Minnesota Statutes 2008, sections 84.025, subdivision 9; 84.027, subdivision
15; 84.0856; 84.0857; 84.82, subdivision 3, by adding a subdivision; 84.922,
subdivision 5, by adding a subdivision; 84.925, subdivision 1; 85.015,
subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision
1; 85.43; 85.46, as amended; 97B.665, subdivision 2; 103A.305; 103F.325, by
adding a subdivision; 103F.335, subdivision 1; 103G.271, subdivision 3;
103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2;
103G.315, subdivision 11; 103G.515, subdivision 5; 290.431; 290.432; Minnesota
Statutes 2009 Supplement, sections 84.928, subdivision 1; 85.015, subdivision
13; 86A.09, subdivision 1; 103G.201; proposing coding for new law in Minnesota
Statutes, chapter 103G; repealing Minnesota Statutes 2008, sections 97B.665,
subdivision 1; 103G.295; 103G.650.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7887
Bly, Atkins, Rukavina, Anzelc, Sterner,
Clark, Davnie, Mahoney, Lillie and Simon introduced:
H. F. No. 3095, A bill for an act relating
to education; including the history of organized labor and collective bargaining
in the academic standards; amending Minnesota Statutes 2009 Supplement, section
120B.023, subdivision 2.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Pelowski, Kahn, Rukavina and Gunther
introduced:
H. F. No. 3096, A bill for an act relating
to state procurement; modifying provisions governing the provision of services
by rehabilitation facilities, extended employment providers, and day training
and habilitation service programs; amending Minnesota Statutes 2008, section
16C.155.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Juhnke introduced:
H. F. No. 3097, A bill for an act relating
to telecommunications; regulating private shared services; proposing coding for
new law in Minnesota Statutes, chapter 237.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Loeffler and Abeler introduced:
H. F. No. 3098, A bill for an act relating
to health; modifying provisions for the statewide trauma system; amending
Minnesota Statutes 2008, sections 144.603; 144.605, subdivisions 2, 3, by
adding a subdivision; 144.608, subdivision 1, by adding a subdivision; 145.61,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 144;
repealing Minnesota Statutes 2008, section 144.607.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Champion, Hayden, Lieder and Clark
introduced:
H. F. No. 3099, A bill for an act relating
to transportation; directing commissioner of transportation to require bids for
federally assisted contracts to include information on inclusion of
disadvantaged business enterprises; requiring commissioner of transportation to
provide training for disadvantaged business enterprises; imposing reporting
requirements; requiring application for waiver; proposing coding for new law in
Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2008,
section 174.03, subdivision 11.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7888
Marquart, Lanning, Dill, Kalin, Abeler and
Carlson introduced:
H. F. No. 3100, A bill for an act relating
to taxation; providing a special levy for county aid reductions; modifying the
computation of the adjusted levy limit base; amending Minnesota Statutes 2008,
section 275.71, subdivision 4; Minnesota Statutes 2009 Supplement, section 275.70,
subdivision 5.
The bill was read for the first time and
referred to the Committee on Taxes.
Doty; Kath; Jackson; Dettmer; Obermueller;
Carlson; Murphy, M.; Hayden and Kelliher introduced:
H. F. No. 3101, A bill for an act relating
to veterans; expanding the eligible uses of money in the Minnesota
"Support Our Troops" account; amending Minnesota Statutes 2009
Supplement, section 190.19, subdivision 2a.
The bill was read for the first time and
referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.
Emmer; Buesgens; Lanning; Pelowski;
Kiffmeyer; Anderson, P., and Greiling introduced:
H. F. No. 3102, A bill for an act relating
to state government; providing that agency rulemaking activity may take place
only when the legislature is not meeting in regular session; providing that
newly adopted rules expire at the end of the next legislative session;
modifying rulemaking procedures; amending Minnesota Statutes 2008, section
14.389, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 14; repealing Minnesota Statutes 2008, sections 14.131; 14.14,
subdivisions 1, 1b, 2, 2a, 3; 14.15; 14.16; 14.18; 14.19; 14.20; 14.22,
subdivision 2; 14.225; 14.23; 14.24; 14.25; 14.26; 14.27; 14.28; Minnesota
Statutes 2009 Supplement, sections 14.14, subdivision 1a; 14.22, subdivision 1.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Drazkowski introduced:
H. F. No. 3103, A bill for an act relating
to public safety; amending a definition related to child pornography; amending
Minnesota Statutes 2008, section 617.246, subdivision 1.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Kohls, Buesgens, Scott, Drazkowski,
Shimanski, Smith, Downey, Urdahl, Kiffmeyer, Severson, Sanders, Zellers,
Holberg, Eastlund, Nornes, Murdock and Anderson, S., introduced:
H. F. No. 3104, A bill for an act relating
to state spending; proposing an amendment to the Minnesota Constitution by
adding a section to article XI; limiting the level of budgeted spending to the
amount collected in the prior biennium.
The bill was read for the first time and
referred to the Committee on Finance.
Downey; Anderson, S.; Drazkowski;
Anderson, P.; Eastlund; Gottwalt; Torkelson and Scott introduced:
H. F. No. 3105, A bill for an act relating
to capital investment; requiring information to determine return on investment
for capital requests.
The bill was read for the first time and
referred to the Committee on Finance.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7889
Bigham, Hilstrom, Cornish, Lieder, Smith,
Kath, Benson, Beard, Olin, Norton, Emmer and Sanders introduced:
H. F. No. 3106, A bill for an act relating
to public safety; modifying implied consent, driving while impaired, and
ignition interlock provisions; amending Minnesota Statutes 2008, sections
169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding a
subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 4;
171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009
Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1; repealing
Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision
1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10,
11.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Dettmer; Torkelson; Hackbarth; Eastlund;
Brown; Anderson, P.; McNamara; Drazkowski; Davids; Cornish; Shimanski and Emmer
introduced:
H. F. No. 3107, A bill for an act relating
to taxation; property; agricultural products; boarding of horses; amending
Minnesota Statutes 2009 Supplement, section 273.13, subdivision 23.
The bill was read for the first time and
referred to the Committee on Taxes.
Winkler, Kiffmeyer, Pelowski, Simon, Brod,
Hilty, Kalin and Morrow introduced:
H. F. No. 3108, A bill for an act relating
to elections; changing and clarifying certain provisions; amending Minnesota
Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision 1;
201.12; 201.13; 201.14; 201.15, subdivisions 1, 2; 201.155; 203B.02,
subdivision 3; 203B.04, subdivision 1; 203B.06, subdivision 5; 203B.16,
subdivision 2; 203B.19; 204B.04, subdivision 2; 204B.135, subdivision 4;
204B.14, by adding a subdivision; 204B.18, subdivision 1; 204B.19, subdivision
2; 204B.21, subdivision 2; 204B.22, subdivisions 1, 2; 204B.24; 204B.27,
subdivisions 2, 3; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06,
subdivision 1; 204C.08; 204C.12, subdivision 2; 204C.13, subdivision 2;
204C.33, subdivision 1; 204C.35, subdivision 2; 204C.36, subdivisions 3, 4;
204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision
1; 204D.20, subdivision 1; 205.07, by adding a subdivision; 205.075,
subdivision 1; 205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3; 205A.05,
subdivision 1; 205A.11, subdivision 3; 208.03; proposing coding for new law in
Minnesota Statutes, chapters 201; 205A; repealing Minnesota Statutes 2008,
sections 3.22; 204B.22, subdivision 3; 204D.10, subdivision 2; 206.57,
subdivision 7; 206.91.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Kalin, Bly, Sailer, Hilty, Jackson,
Brynaert, Knuth, Falk, Hortman, Obermueller, Johnson, Davnie, Hornstein,
Gardner and Thissen introduced:
H. F. No. 3109, A bill for an act relating
to energy; authorizing green energy revenue bonds; permitting local assessments
for energy improvements by cities and counties; amending Minnesota Statutes
2008, sections 429.011, by adding subdivisions; 429.021, subdivision 1;
429.031, subdivision 3; Minnesota Statutes 2009 Supplement, sections 429.011,
subdivision 2a; 469.153, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 469.
The bill was read for the first time and
referred to the Committee on Finance.
Journal of the House - 67th
Day - Monday, February 22, 2010 - Top of Page 7890
Severson, Kiffmeyer, Eastlund and Gottwalt introduced:
H. F. No. 3110, A bill for an act relating to elections;
changing authorized proofs of residence; eliminating provision permitting
vouching for certain voters on election day; providing for provisional ballots;
amending Minnesota Statutes 2008, section 201.061, subdivisions 3, 5; proposing
coding for new law in Minnesota Statutes, chapter 201.
The bill was read for the first time and referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
Winkler, Kiffmeyer, Pelowski, Simon, Brod, Hilty, Morrow and
Kalin introduced:
H. F. No. 3111, A bill for an act relating to elections;
requiring use of a ballot board to process absentee ballots; permitting
absentee ballots to be counted starting on the fourth day prior to an election;
modifying other absentee ballot processing procedures; amending Minnesota
Statutes 2008, sections 201.061, subdivision 4; 203B.04, subdivision 1; 203B.05,
subdivision 1; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 2, 3;
203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1; 203B.26; 204B.45,
subdivision 2; 204C.32, subdivision 1; 204C.33, subdivisions 1, 3; 205.065,
subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10,
subdivision 3; 206.89, subdivision 2; 208.05; Minnesota Statutes 2009
Supplement, section 204B.46; proposing coding for new law in Minnesota
Statutes, chapter 203B; repealing Minnesota Statutes 2008, sections 203B.10;
203B.12, subdivisions 1, 2, 3, 4, 6; 203B.13, subdivisions 1, 2, 3, 4; 203B.25.
The bill was read for the first time and referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
Hayden introduced:
H. F. No. 3112, A bill for an act relating to human services;
appropriating money to reinstate the emergency general assistance and emergency
Minnesota supplemental aid programs.
The bill was read for the first time and referred to the
Committee on Finance.
Hamilton and Magnus introduced:
H. F. No. 3113, A bill for an act relating to veterans;
appropriating money to Veterans Affairs for a grant to the Minnesota Assistance
Council for Veterans for continued services to Minnesota veterans and their
families who are homeless or at risk of being homeless.
The bill was read for the first time and referred to the
Committee on Finance.
Knuth, Wagenius, Scalze, Brynaert and Persell introduced:
H. F. No. 3114, A bill for an act relating to health; amending
the criteria used by the department of health to designate a chemical as a
"priority chemical"; amending Minnesota Statutes 2009 Supplement,
section 116.9403.
The bill was read for the first time and referred to the
Committee on Health Care and Human Services Policy and Oversight.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7891
Norton, Dettmer, Garofalo, Tillberry,
Zellers, Obermueller, Slocum and Benson introduced:
H. F. No. 3115, A bill for an act relating
to education; requiring statewide physical education standards; requiring a
report; establishing a healthy kids awards program; amending Minnesota Statutes
2008, section 120B.021, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 121A.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Swails, Thissen, Huntley and Zellers
introduced:
H. F. No. 3116, A bill for an act relating
to health; modifying a hospital construction moratorium; amending Minnesota
Statutes 2009 Supplement, section 144.551, subdivision 1.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Morrow introduced:
H. F. No. 3117, A bill for an act relating
to transportation; regulating contracts; prohibiting indemnification
provisions; proposing coding for new law in Minnesota Statutes, chapter 221.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Doty and Ward introduced:
H. F. No. 3118, A bill for an act relating
to natural resources; designating the Camp Ripley Veterans Trail as a state
trail in Cass, Crow Wing, and Morrison Counties; amending Minnesota Statutes
2008, section 85.015, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Mullery introduced:
H. F. No. 3119, A bill for an act relating
to workforce training; appropriating money to the Minority Workforce
Collaborative.
The bill was read for the first time and
referred to the Committee on Finance.
Bly, Mariani, Eken, Marquart and Greiling
introduced:
H. F. No. 3120, A bill for an act relating
to education; creating efficiency plus access task forces; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 123A.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7892
Davnie, Scalze, Lanning, Hoppe, Hilstrom,
Simon and Hornstein introduced:
H. F. No. 3121, A bill for an act relating
to liquor; expanding the conditions under which penalties may be assessed
against alcohol license holders; increasing maximum penalties; amending
Minnesota Statutes 2008, section 340A.415.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Juhnke introduced:
H. F. No. 3122, A bill for an act relating
to commerce; providing for the licensing and regulation of appraisal management
companies; proposing coding for new law as Minnesota Statutes, chapter 82C.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Morgan, Greiling, Ward and Morrow
introduced:
H. F. No. 3123, A bill for an act relating
to education finance; making the K-12 special education third-party billing
process more cost effective; amending Minnesota Statutes 2008, section 125A.21,
subdivision 2; Minnesota Statutes 2009 Supplement, section 256B.0625,
subdivision 26; Laws 2009, chapter 79, article 5, section 60.
The bill was read for the first time and
referred to the Committee on Finance.
Dill introduced:
H. F. No. 3124, A bill for an act relating
to game and fish; modifying aquaculture provisions; modifying provisions for taking,
possessing, and transporting wild animals; modifying requirements for fish and
wildlife management plans; modifying game and fish license provisions; amending
Minnesota Statutes 2008, sections 17.4982, subdivision 12, by adding a
subdivision; 17.4991, subdivision 3; 17.4994; 84.942, subdivision 1; 84D.03,
subdivision 3; 97A.015, subdivision 52, by adding a subdivision; 97A.101,
subdivision 3; 97A.311, subdivision 5; 97A.421, subdivision 4a; 97A.433, by
adding a subdivision; 97A.435, subdivision 1; 97A.545, subdivision 5; 97B.022,
subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision 1;
97B.515, by adding a subdivision; 97B.803; 97C.005, subdivision 3; 97C.087,
subdivision 2; 97C.205; 97C.341; Minnesota Statutes 2009 Supplement, sections
84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 17; repealing
Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4; 97A.435,
subdivision 5; 97B.022, subdivision 1.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Hilty and Westrom introduced:
H. F. No. 3125, A bill for an act relating
to utilities; regulating the granting of route permits for high-voltage
transmission lines; amending Minnesota Statutes 2008, section 216E.03, by
adding a subdivision.
The bill was read for the first time and
referred to the Energy Finance and Policy Division.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7893
Cornish and Dill introduced:
H. F. No. 3126, A bill for an act relating
to game and fish; removing deer, moose, and elk stand height restrictions;
amending Minnesota Statutes 2008, section 97B.325; repealing Minnesota Statutes
2008, sections 97B.511; 97B.515, subdivision 3.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Davnie, Obermueller, Murdock and Gunther
introduced:
H. F. No. 3127, A bill for an act relating
to unemployment insurance; modifying administrative, benefit, and tax
provisions; amending Minnesota Statutes 2008, sections 268.051, subdivisions 2,
5, 7; 268.07, as amended; 268.085, subdivision 9; Minnesota Statutes 2009
Supplement, sections 268.052, subdivision 2; 268.053, subdivision 1; 268.085,
subdivision 1; 268.136, subdivision 1.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Hilstrom introduced:
H. F. No. 3128, A bill for an act relating
to probate; clarifying the powers of health care agents, guardians, and others
to make health care decisions for wards and protected persons; modifying
provisions governing guardians and conservators; amending Minnesota Statutes
2008, sections 145C.09, subdivision 3; 524.5-303; 524.5-403; 525A.09; Minnesota
Statutes 2009 Supplement, sections 524.5-120; 524.5-304; 524.5-309; 524.5-310;
524.5-315; 524.5-316; 524.5-406; 524.5-420.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Torkelson; Urdahl; Murdock; Garofalo;
Anderson, P.; Loon; McFarlane; Hamilton; Kelly and Magnus introduced:
H. F. No. 3129, A bill for an act relating
to education; repealing reporting requirements for career and technical levy;
repealing Minnesota Statutes 2008, section 124D.4531, subdivision 4.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Lesch, Bigham, Loon and Hilstrom
introduced:
H. F. No. 3130, A bill for an act relating
to public safety; authorizing fire departments to access criminal history data
on current employees; amending Minnesota Statutes 2008, section 299F.035.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Mullery introduced:
H. F. No. 3131, A bill for an act relating
to corrections; adopting the Interstate Compact for Juveniles; proposing coding
for new law in Minnesota Statutes, chapter 260.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7894
Mullery introduced:
H. F. No. 3132, A bill for an act relating
to civil actions; awarding fees and expenses to prevailing parties in certain
actions involving municipalities; proposing coding for new law in Minnesota
Statutes, chapter 471.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Hornstein, Clark, Kelliher, Loeffler and
Sertich introduced:
H. F. No. 3133, A bill for an act relating
to employment; providing for workers' compensation benefits for domestic
partners; including domestic partners of military members in employee leave
requirements; providing for payment of wages due a deceased employee to a
surviving domestic partner; amending Minnesota Statutes 2008, sections 176.011,
subdivision 11a, by adding a subdivision; 176.031; 176.041, subdivision 1a;
176.051, subdivision 1; 176.102, subdivision 1a; 176.111, subdivisions 1, 6, 7,
8, 9a, 10, 14, 15, 21; 176.191, subdivision 4; 181.58; 181.947, subdivision 1; 181.948, subdivision 1; Minnesota Statutes 2009
Supplement, section 176.041, subdivision 1.
The bill was read for the first time and
referred to the Higher Education and Workforce Development Finance and Policy
Division.
Hornstein, Kelliher, Thao, Clark and Sertich
introduced:
H. F. No. 3134, A bill for an act relating
to probate; establishing probate and intestate rights for domestic partners;
amending Minnesota Statutes 2008, sections 524.1-201; 524.2-101; 524.2-102;
524.2-103; 524.2-201; 524.2-213; 524.2-301; 524.2-402; 524.2-403; 524.2-404;
524.2-405; 524.2-803; 524.2-804; 524.3-301; 524.3-403; 524.3-703; 524.3-706;
524.3-715; 524.3-901; 524.3-906; 524.3-1203, subdivisions 1, 3; Minnesota
Statutes 2009 Supplement, section 524.3-1203, subdivision 5.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Simon, Kelliher, Hornstein, Thao and
Sertich introduced:
H. F. No. 3135, A bill for an act relating
to judicial proceedings; providing for wrongful death actions by domestic
partners; establishing a witness privilege and crime victim rights for domestic
partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6;
466.05, subdivision 2; 573.02, subdivisions 1, 3; 595.02, subdivision 1;
611A.01; 611A.036, subdivision 2; 611A.52, subdivision 8.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Rukavina introduced:
H. F. No. 3136, A bill for an act relating
to child support; requiring funds to be applied to arrears; amending Minnesota
Statutes 2008, section 518A.61.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7895
Mullery introduced:
H. F. No. 3137, A bill for an act relating
to public safety; requiring chemical use screen of juvenile offenders; amending
Minnesota Statutes 2008, sections 260B.157, subdivision 1; 260B.176,
subdivision 2.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
MESSAGES
FROM THE SENATE
The following messages were received from the
Senate:
Madam Speaker:
I hereby announce that the Senate has
acceded to the request of the House for the return of H. F. No. 927, as amended
by the Senate, for further consideration.
H. F. No. 927, A bill for an act relating to labor and industry; modifying
construction codes and licensing; exempting certain municipal building
ordinances; requiring rulemaking; amending Minnesota Statutes 2008, sections
326B.082, subdivision 12; 326B.084; 326B.121, by adding a subdivision; 326B.43,
subdivision 1, by adding a subdivision; 326B.435, subdivisions 2, 6; 326B.475,
subdivisions 1, 6; 326B.52; 326B.53; 326B.55; 326B.57; 326B.58; 326B.59;
326B.801; 326B.84; 326B.921, subdivision 1; 326B.974; proposing coding for new
law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008,
section 326B.43, subdivision 5.
H. F. No. 927 is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
RECONSIDERATION
Mahoney moved that the vote whereby the
House refused to concur in the Senate amendments to
H. F. No. 927 and requested that the Speaker appoint a
Conference Committee of 3 members on Monday, May 18, 2009, be now
reconsidered. The motion prevailed.
There being no objection, the motion to refuse
to concur was withdrawn.
CONCURRENCE
AND REPASSAGE
Mahoney moved that the House concur in the
Senate amendments to H. F. No. 927 and that the bill be repassed
as amended by the Senate.
The Speaker called Pelowski to the Chair.
Gottwalt moved that the House refuse to
concur in the Senate amendments to H. F. No. 927, that the
Speaker appoint a Conference Committee of 3 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.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7896
A roll call was requested and properly
seconded.
The question was taken on the Gottwalt
motion and the roll was called. There
were 47 yeas and 85 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail.
The question recurred on the Mahoney
motion that the House concur in the Senate amendments to
H. F. No. 927 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 927, A bill for an act relating
to labor and industry; modifying construction codes and licensing; requiring
rulemaking; amending Minnesota Statutes 2008, sections 326B.082, subdivision
12; 326B.084; 326B.121, by adding a subdivision; 326B.43, subdivision 1;
326B.435, subdivision 2; 326B.475, subdivision 6; 326B.52; 326B.53; 326B.55;
326B.57; 326B.58; 326B.59; 326B.801; 326B.84; 326B.921, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 326B; repealing
Minnesota Statutes 2008, section 326B.43, subdivision 5.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
Journal of the House - 67th
Day - Monday, February 22, 2010 - Top of Page 7897
The question was taken on the repassage of the bill and the
roll was called. There were 82 yeas and
50 nays as follows:
Those who
voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam
Speaker:
I have the honor to announce the passage
by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2309, 2352,
2253, 2373 and 2475.
Peter S. Wattson, Secretary of the Senate
(Legislative)
FIRST READING
OF SENATE BILLS
S. F. No. 2309, A bill for
an act relating to local government; lengthening probationary period for newly
hired peace officers in certain statutory cities; amending Minnesota Statutes
2008, sections 44.01, by adding a subdivision; 44.10, subdivision 1.
The bill was read for the
first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7898
S. F. No.
2352, A bill for an act relating to taxation; accelerating the income tax
charitable deduction for relief of Haitian earthquake victims; amending
Minnesota Statutes 2009 Supplement, section 290.01, subdivisions 19, 19b.
The bill was
read for the first time.
Lenczewski
moved that S. F. No. 2352 and H. F. No. 2763, now on the General Register, be referred
to the Chief Clerk for comparison. The
motion prevailed.
S. F. No.
2253, A bill for an act relating to capital improvements; repealing moratorium
on demolition or removal of the Rock Island Bridge; repealing Laws 2009,
chapter 93, article 1, section 45.
The bill was
read for the first time and referred to the Committee on Finance.
S. F. No.
2373, A bill for an act relating to veterans; designating September 16 of each
year as American Legion Day; proposing coding for new law in Minnesota Statutes,
chapter 197.
The bill was
read for the first time.
Ward moved
that S. F. No. 2373 and H. F. No. 2538, now on the Consent Calendar, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No. 2475,
A bill for an act relating to veterans; designating May 28 as Veterans of
Foreign Wars Day; proposing coding for new law in Minnesota Statutes, chapter
197.
The bill was
read for the first time and referred to the Committee on Agriculture, Rural Economies
and Veterans Affairs.
CONSENT CALENDAR
H. F. No. 2908 was reported
to the House.
Sterner
moved to amend H. F. No. 2908 as follows:
Page 1, line
8, delete "of the 34th Infantry Brigade" and insert "Brigade
Combat Team, 34th Infantry Division"
Page 1,
lines 11 and 18, delete "of the 34th Brigade" and insert
"Brigade Combat Team, 34th Infantry Division of the Minnesota National
Guard"
Page 2, line
6, delete "of the 34th Brigade" and insert "Brigade Combat Team,
34th Infantry Division of the Minnesota National Guard"
Amend the
title as follows:
Page 1, line
2, delete the second "of the"
Page 1, line
3, delete "34th" and after "Brigade" insert "Combat
Team, 34th Infantry Division"
The motion prevailed and the amendment was
adopted.
Journal of the House - 67th
Day - Monday, February 22, 2010 - Top of Page 7899
H. F. No. 2908, A resolution urging payment of Federal Respite
Leave Benefit for members of the 1st Brigade Combat Team, 34th Infantry
Division of the Minnesota National Guard who served in Iraq during the Troop
Surge of 2007.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 118 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
The Speaker resumed the Chair.
MOTIONS AND RESOLUTIONS
Morgan moved that the name of Poppe be added as an author on
H. F. No. 365. The motion
prevailed.
Swails moved that the name of Norton be added as an author on
H. F. No. 1320. The
motion prevailed.
Laine moved that the name of Champion be added as an author on
H. F. No. 2256. The
motion prevailed.
Morrow moved that the name of Brynaert be added as an author on
H. F. No. 2427. The
motion prevailed.
Gardner moved that the name of Tillberry be added as an author
on H. F. No. 2512. The
motion prevailed.
Simon moved that the name of Hilty be added as an author on
H. F. No. 2552. The
motion prevailed.
Journal of the House - 67th Day - Monday, February 22, 2010 -
Top of Page 7900
Hortman moved that the name of Nelson be
added as an author on H. F. No. 2553. The motion prevailed.
Lenczewski moved that the name of Falk be
added as an author on H. F. No. 2580. The motion prevailed.
Juhnke moved that the names of Davids and
Magnus be added as authors on H. F. No. 2659. The motion prevailed.
Torkelson moved that the name of Hamilton
be added as an author on H. F. No. 2779. The motion prevailed.
Swails moved that the name of Nelson be
added as an author on H. F. No. 2804. The motion prevailed.
Bunn moved that the names of Loeffler and
Scalze be added as authors on H. F. No. 2839. The motion prevailed.
Hayden moved that the name of Loeffler be
added as an author on H. F. No. 2841. The motion prevailed.
Downey moved that the name of Scalze be
added as an author on H. F. No. 2845. The motion prevailed.
Downey moved that the name of Dittrich be
added as an author on H. F. No. 2846. The motion prevailed.
Norton moved that the names of Loeffler
and Scalze be added as authors on H. F. No. 2849. The motion prevailed.
Gardner moved that the name of Loeffler be
added as an author on H. F. No. 2864. The motion prevailed.
Ward moved that his name be stricken as an
author on H. F. No. 2867.
The motion prevailed.
Hansen moved that the names of Brynaert
and Persell be added as authors on H. F. No. 2882. The motion prevailed.
Juhnke moved that the names of Davids and
Kath be added as authors on H. F. No. 2889. The motion prevailed.
Atkins moved that the name of Morgan be
added as an author on H. F. No. 2902. The motion prevailed.
Johnson moved that the name of Dittrich be
added as an author on H. F. No. 2907. The motion prevailed.
Davnie moved that the name of Loeffler be
added as an author on H. F. No. 2910. The motion prevailed.
Sterner moved that the name of Lillie be
added as an author on H. F. No. 2943. The motion prevailed.
Atkins moved that the names of Lillie,
Johnson, Mahoney, Hansen, Morrow and Fritz be added as authors on
H. F. No. 2950. The
motion prevailed.
Rosenthal moved that the name of Scalze be
added as an author on H. F. No. 2978. The motion prevailed.
Rosenthal moved that the name of Scalze be
added as an author on H. F. No. 2979. The motion prevailed.
Hilstrom moved that the name of Ward be
added as an author on H. F. No. 2990. The motion prevailed.
Winkler moved that the name of Loeffler be
added as an author on H. F. No. 2993. The motion prevailed.
Journal of the House - 67th Day - Monday,
February 22, 2010 - Top of Page 7901
Jackson moved that the name
of Loeffler be added as an author on H. F. No. 2998. The motion prevailed.
Kalin moved that the name of Reinert
be added as an author on H. F. No. 3030. The motion prevailed.
Rukavina moved that the name
of Masin be added as an author on H. F. No. 3033. The motion prevailed.
Gottwalt moved that the name
of Urdahl be added as an author on H. F. No. 3036. The motion prevailed.
Seifert moved that the names
of Brown and Dettmer be added as authors on H. F. No. 3041. The motion prevailed.
Ruud moved that the names of
Otremba and Hornstein be added as authors on
H. F. No. 3046. The
motion prevailed.
Hortman moved that the name
of Nelson be added as an author on H. F. No. 3058. The motion prevailed.
Hortman moved that the names
of Dittrich, Rosenthal and Ruud be added as authors on
H. F. No. 3079. The
motion prevailed.
Hayden moved that
H. F. No. 3039 be recalled from the Committee on Civil Justice
and be re-referred to the Committee on Health Care and Human Services Policy
and Oversight. The motion prevailed.
Atkins moved that
S. F. No. 1778 be recalled from the Committee on Rules and
Legislative Administration and be re-referred to the Committee on Commerce and
Labor. The motion prevailed.
Sertich moved that the House
recess subject to the call of the Chair.
The motion prevailed.
RECESS
RECONVENED
The House reconvened and was
called to order by the Speaker.
Eastlund, Hilstrom and Hoppe were excused
for the remainder of today's session.
Emmer was excused between the hours of
7:30 p.m. and 8:10 p.m.
The following Conference
Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. No. 2700
A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
establishing new programs and modifying existing programs; authorizing the sale
and issuance of state bonds; cancelling and modifying previous appropriations;
appropriating money; amending Minnesota Statutes 2008, sections 16A.105;
16A.501; 16A.66, subdivision 2; 103F.161, subdivisions 1, 3; 103F.515, by
adding a subdivision; 116J.435, as amended; 174.50, subdivisions 6, 7; 256E.37,
subdivisions 1, 2; Minnesota Statutes 2009 Supplement, sections 16A.647,
subdivisions 1, 5; 16A.86, subdivision 3a; Laws 2005, chapter 20, article 1,
sections 19, subdivision 4; 23, subdivision 12, as amended; Laws 2006, chapter
258, sections 5, subdivision 3; 8, subdivision 4; 17, subdivision 5; 21,
subdivision 14, as amended; Laws 2008, chapter 152, article 2, section 3,
subdivision 2; Laws 2008, chapter 179, sections 5,
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7902
subdivision 4; 7, subdivisions 8, 27; 21,
subdivision 9; Laws 2008, chapter 365, sections 4, subdivision 3; 5,
subdivision 2; 24, subdivision 2; 25; Laws 2009, chapter 93, article 1,
sections 11, subdivision 5; 20; proposing coding for new law in Minnesota
Statutes, chapters 16A; 16B; repealing Laws 2009, chapter 93, article 1,
section 45.
February 22, 2010
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P. Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 2700 report
that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H.
F. No. 2700 be further amended as follows:
Delete everything after the enacting clause and
insert:
"Section 1.
CAPITAL IMPROVEMENT
APPROPRIATIONS.
The sums shown in the column under
"Appropriations" are appropriated from the bond proceeds fund, or
another named fund, to the state agencies or officials indicated, to be spent
for public purposes. Appropriations of
bond proceeds must be spent as authorized by the Minnesota Constitution,
article XI, section 5, paragraph (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or as authorized
by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or
article XIV. Unless otherwise specified,
money appropriated in this act for a capital program or project may be used to
pay state agency staff costs that are attributed directly to the capital
program or project in accordance with accounting policies adopted by the
commissioner of management and budget.
Unless otherwise specified, the appropriations in this act are available
until the project is completed or abandoned subject to Minnesota Statutes,
section 16A.642.
SUMMARY
University of Minnesota $100,001,000
Minnesota State Colleges and Universities 305,985,000
Education 7,780,000
Minnesota State Academies 2,500,000
Perpich Center for Arts Education 1,373,000
Natural Resources 129,754,000
Pollution Control Agency 21,186,000
Board of Water and Soil Resources 27,500,000
Zoological Garden 21,000,000
Journal of
the House - 67th Day - Monday, February 22, 2010 - Top of Page 7903
Administration 11,175,000
Amateur Sports Commission 8,450,000
Military Affairs 11,900,000
Public Safety 14,550,000
Transportation 158,727,000
Metropolitan Council 79,443,000
Health 15,000,000
Human Services 4,125,000
Veterans Affairs 4,450,000
Corrections 11,529,000
Employment and Economic Development 134,609,000
Public Facilities Authority 57,000,000
Housing Finance Agency 10,000,000
Minnesota Historical Society 13,757,000
Bond Sale Expenses 1,101,000
Cancellations (27,562,000)
TOTAL $1,125,333,000
Bond Proceeds Fund (General Fund Debt
Service) 936,200,000
Bond Proceeds Fund (User Financed
Debt Service) 88,170,000
Maximum Effort School Loan Fund 5,780,000
State Transportation Fund 67,000,000
Trunk Highway Fund Bond Proceeds
Account 32,945,000
Trunk Highway Fund 22,800,000
Bond Proceeds Cancellations (9,062,000)
Trunk Highway Bond Proceeds
Cancellations (18,500,000)
Journal of the
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APPROPRIATIONS
Sec.
2. UNIVERSITY
OF MINNESOTA
Subdivision
1. Total Appropriation $100,001,000
To the Board of Regents of the
University of Minnesota for the purposes specified in this section.
Subd. 2. Higher
Education Asset Preservation and Replacement (HEAPR) 55,000,000
To be spent in accordance with
Minnesota Statutes, section 135A.046.
Subd.
3. Twin Cities Campus
(a) Folwell Hall 23,000,000
To design, renovate, furnish, and
equip the interior of Folwell Hall for teaching and research space for College
of Liberal Arts programs.
(b) Physics and
Nanotechnology 5,000,000
To predesign and design a new building
to house the research branch of the physics program and the Center for
Nanostructure Applications. This
appropriation is not available until the board of regents has certified to the
commissioner of management and budget that the building will not be built
within the area impacted by vibration or magnetic resonance caused by light
rail transit on Washington Avenue.
Subd.
4. Duluth Campus
American Indian Learning Resource Center 6,667,000
To design, construct, furnish, and
equip an American Indian Learning Resource Center.
Subd.
5. Itasca Biological Station
New Biological Station and Lakeside Lab Renovation 3,667,000
To predesign, design, construct,
furnish, and equip a new biological station and renovate the classroom in the
historic lakeside laboratory at the University of Minnesota facility in Itasca
State Park.
Subd.
6. Laboratory Renovation 6,667,000
To renovate, furnish, and equip
research laboratories on the Crookston, Duluth, Morris, and Twin Cities
campuses.
Journal of the
House - 67th Day - Monday, February 22, 2010 - Top of Page 7905
Subd.
7. University Share
Except for Higher Education Asset
Preservation and Replacement (HEAPR) under subdivision 2, the appropriations in
this section are intended to cover approximately two-thirds of the cost of each
project. The remaining costs must be
paid from university sources.
Subd.
8. Unspent Appropriations
Upon substantial completion of a
project authorized in this section and after written notice to the commissioner
of management and budget, the Board of Regents must use any money remaining in
the appropriation for that project for HEAPR under Minnesota Statutes, section
135A.046. The Board of Regents must
report by February 1 of each even-numbered year to the chairs of the house of
representatives and senate committees with jurisdiction over capital
investments and higher education finance, and to the chairs of the house of
representatives Ways and Means and Finance Committees and the senate Finance
Committee, on how the remaining money has been allocated or spent.
Sec. 3. MINNESOTA
STATE COLLEGES AND UNIVERSITIES
Subdivision
1. Total Appropriation $305,985,000
To the Board of Trustees of the
Minnesota State Colleges and Universities for the purposes specified in this
section.
Subd. 2. Higher
Education Asset Preservation and Replacement (HEAPR) 52,000,000
To be spent in accordance with
Minnesota Statutes, section 135A.046.
Subd.
3. Alexandria Technical College
Main Building Renovation and Addition 4,363,000
To design, renovate, furnish, and
equip the library, student services, and student commons building and to
complete design, construct, furnish, and equip an infill addition to it.
Subd.
4. Anoka Ramsey Community College, Coon Rapids
(a) Fine Arts
Building Renovation 5,357,000
To complete design and to renovate,
furnish, and equip the Fine Arts classroom and lab building.
Journal of
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(b) Bioscience
and Allied Health Addition 16,484,000
To complete design and to construct,
furnish, and equip a Bioscience and Allied Health addition and renovation to
support Science Technology and Math (STEM) and nursing program initiatives.
Subd.
5. Dakota County Technical College
Transportation and Emerging Technologies Lab 7,230,000
To complete design and to renovate,
furnish, and equip the transportation and emerging technologies classrooms, laboratories,
and related spaces.
Subd. 6. Hennepin Technical College, Eden Prairie, Brooklyn Park
Learning Resource and Student Services Renovation 10,566,000
To renovate, furnish, and equip existing
space at the Brooklyn Park and Eden Prairie campuses for a Library and Learning
Resource Center and student services with an addition and new entrances at both
campuses.
Subd.
7. Lake Superior College
Health Science Center 12,098,000
To construct, furnish, and equip a
new Health and Science Center addition and to design renovation of existing
spaces.
Subd.
8. Metropolitan State University
Classroom Center 5,860,000
To construct, furnish, and equip
technology-enhanced classrooms and academic offices located above the power
plant building. This appropriation
includes money to demolish the power plant annex to enable the new
construction.
Subd.
9. Minneapolis Community and Technical College
Workforce Program Renovation