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 House - 67th Day - Monday, February 22, 2010 - Top of Page 7904


 

                                                                                                                                                                          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 the House - 67th Day - Monday, February 22, 2010 - Top of Page 7906


 

(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