STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2011
_____________________
FIFTY-SEVENTH
DAY
Saint Paul, Minnesota, Monday, May 16, 2011
The House of Representatives convened at
12:00 noon and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by Pastor Bruce Schoeman,
Willmar Assembly of God Church, Willmar, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Paymar was excused until 1:05 p.m. Buesgens was excused until 1:55 p.m. Kriesel was excused until 2:15 p.m. Champion was excused until 2:30 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 247 and
H. F. No. 371, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hoppe moved that the rules be so far
suspended that S. F. No. 247 be substituted for
H. F. No. 371 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 508 and
H. F. No. 859, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 508 be substituted for
H. F. No. 859 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 742 and
H. F. No. 1018, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Zellers moved that
S. F. No. 742 be substituted for H. F. No. 1018
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 768 and
H. F. No. 575, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Erickson moved that the rules be so far
suspended that S. F. No. 768 be substituted for H. F. No. 575
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 799 and
H. F. No. 1130, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Nornes moved that
S. F. No. 799 be substituted for H. F. No. 1130
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 943 and
H. F. No. 984, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hackbarth moved that the rules be so far
suspended that S. F. No. 943 be substituted for
H. F. No. 984 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 955 and
H. F. No. 1152, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Sanders moved that the rules be so far
suspended that S. F. No. 955 be substituted for
H. F. No. 1152 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1045 and
H. F. No. 1394, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hoppe moved that the rules be so far
suspended that S. F. No. 1045 be substituted for
H. F. No. 1394 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1208 and
H. F. No. 1473, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hoppe moved that the rules be so far
suspended that S. F. No. 1208 be substituted for
H. F. No. 1473 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1280 and
H. F. No. 809, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Anderson, S., moved that the rules be so
far suspended that S. F. No. 1280 be substituted for
H. F. No. 809 and that the House File be indefinitely
postponed. The motion prevailed.
SECOND READING
OF SENATE BILLS
S. F. Nos. 247, 508, 742,
768, 799, 943, 955, 1045, 1208 and 1280 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Mack; Barrett; Vogel; McDonald; Lohmer; Murphy, E.; Peterson, S.; Loeffler; Hosch; Huntley; Fritz; Hayden; Moran and Greiling introduced:
H. F. No. 1715, A bill for an act relating to health occupations; establishing licensure for medical laboratory science professionals; creating the Board of Medical Laboratory Science; establishing fees; proposing coding for new law as Minnesota Statutes, chapter 148F.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Marquart introduced:
H. F. No. 1716, A bill for an act relating to public safety; appropriating money to match federal disaster assistance made available through FEMA Public Assistance Program.
The bill was read for the first time and referred to the Committee on Ways and Means.
Daudt, Cornish, Beard, Howes, Abeler, Buesgens, Crawford, Barrett and Hoppe introduced:
H. F. No. 1717, A bill for an act relating to health; prohibiting health care providers from inquiring about firearms; amending Minnesota Statutes 2010, section 144.651, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
CALENDAR FOR THE
DAY
H. F. No. 66 was reported
to the House.
Eken moved to amend H. F. No. 66 as follows:
Page 3, line 14, after "sections" insert "10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, and 11; 10A.315; 10A.321;"
Correct the title numbers accordingly
The
motion prevailed and the amendment was adopted.
H.
F. No. 66, as amended, was read for the third time.
Carlson
moved that H. F. No. 66, as amended, be re-referred to the Committee on Taxes.
A roll call was requested and properly
seconded.
The question was taken on the Carlson
motion and the roll was called. There
were 62 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Clark
Davids
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Gunther
Hackbarth
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Rukavina
Scalze
Simon
Slawik
Slocum
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Hamilton
Hancock
Holberg
Hoppe
Kelly
Kieffer
Kiel
Kiffmeyer
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Poppe
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Thissen
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The motion did not prevail.
H. F. No. 66, A bill for an act relating to the state budget; budget priorities; repealing the political contribution refund; amending Minnesota Statutes 2010, sections 270A.03, subdivision 7; 289A.50, subdivision 1; 290.01, subdivision 6; repealing Minnesota Statutes 2010, sections 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06, subdivision 23.
The bill, as amended, was placed upon its
final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 69 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Atkins
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hamilton
Hancock
Holberg
Hoppe
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hackbarth
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Smith
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was passed, as amended, and its
title agreed to.
Atkins was excused between the hours of
1:00 p.m. and 2:50 p.m.
Laine was excused between the hours of
1:00 p.m. and 3:30 p.m.
H. F. No. 1234 was reported
to the House.
Benson, J., moved to amend H. F. No. 1234, the first engrossment, as follows:
Page 1, line 13, delete everything after "services" and insert "not already being provided under current practice."
Page 1, delete lines 14 to 16
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Benson, J., moved to amend H. F. No. 1234, the first engrossment, as follows:
Page 2, after line 9, insert:
"Sec. 2. APPROPRIATION.
$220,000 in fiscal year 2012 and $213,000 in fiscal year 2013 is appropriated from the general fund to the commissioner of administration for the purposes of section 1."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The question was taken on the Benson, J.,
amendment and the roll was called. There
were 127 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Spk. Zellers
Those who voted in the negative were:
Petersen, B.
Woodard
The motion prevailed and the amendment was
adopted.
H. F. No. 1234, A bill for an act relating to state government; requiring the commissioner of administration to issue a request for proposals and enter into a contract for strategic sourcing consulting services; appropriating money.
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 69 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Smith
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was passed, as amended, and its
title agreed to.
Dean 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.
CALENDAR FOR
THE DAY, Continued
The Speaker called Lanning to the Chair.
H. F. No. 955, A bill for an act relating to public safety; transferring responsibility for maintaining the level III predatory offender Web site from the Department of Corrections to the Bureau of Criminal Apprehension; amending Minnesota Statutes 2010, section 244.052, subdivisions 4, 4b.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 84 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hilstrom
Holberg
Hoppe
Hortman
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nelson
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Quam
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Smith
Stensrud
Swedzinski
Thissen
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Clark
Dill
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hausman
Hayden
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Kath
Koenen
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Norton
Paymar
Persell
Poppe
Rukavina
Runbeck
Slawik
Slocum
Tillberry
Wagenius
Ward
Winkler
The bill was passed and its title agreed
to.
H. F. No. 808, A bill for an act relating to motor vehicles; providing for $2 donation for public information and education on anatomical gifts; creating anatomical gift account; appropriating money; amending Minnesota Statutes 2010, sections 168.12, subdivision 5; 171.06, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 171.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 611, A bill for an act relating to economic development; creating a small business loan guarantee program; proposing coding for new law in Minnesota Statutes, chapter 116J.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 113 yeas and 20 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Benson, J.
Benson, M.
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dill
Dittrich
Doepke
Eken
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Quam
Rukavina
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Spk. Zellers
Those who voted in the negative were:
Anderson, B.
Beard
Bills
Buesgens
Dettmer
Downey
Drazkowski
Erickson
Franson
Gruenhagen
Hackbarth
Hilty
Hoppe
Liebling
Mack
Peppin
Petersen, B.
Runbeck
Winkler
Woodard
The
bill was passed and its title agreed to.
S. F. No. 1130, A bill for an act relating to unemployment insurance; modifying unemployment insurance and workforce development provisions; amending Minnesota Statutes 2010, sections 116L.17, subdivision 1; 116L.561, subdivision 7; 268.035, subdivisions 4, 19a, 20, 23, 29, 32; 268.051, subdivisions 5, 6, 8; 268.057, subdivision 2; 268.07, subdivisions 2, 3b; 268.085, subdivision 3; 268.095, subdivision 10; 268.115, subdivision 1; 268.184, subdivisions 1, 1a; Laws 2009, chapter 78, article 3, section 16.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of the
bill and the roll was called. There were
113 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, D.
Anderson, P.
Anzelc
Atkins
Beard
Benson, J.
Benson, M.
Brynaert
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Eken
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Spk. Zellers
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Banaian
Barrett
Bills
Buesgens
Crawford
Daudt
Downey
Drazkowski
Erickson
Franson
Gruenhagen
Hackbarth
Loon
Peppin
Petersen, B.
Scott
Woodard
The bill was passed and its title agreed
to.
H. F. No. 1343 was reported
to the House.
Dettmer moved to amend H. F. No. 1343, the first engrossment, as follows:
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision to read:
Subd. 23. Recreational
use of school property and facilities.
(a) Any claim for a loss or injury arising from the use of school
property or a school facility made available for public recreational activity.
(b) Nothing in this subdivision:
(1) limits the liability of a school district for conduct that would entitle a trespasser to damages against a private person; or
(2) reduces any existing duty owed by the school district."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 1343, A bill for an act relating to civil actions; providing immunity in certain cases involving the use of school facilities for recreational activities; amending Minnesota Statutes 2010, section 466.03, subdivision 6e, by adding a subdivision.
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 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Erickson
Moran
The bill was passed, as amended, and its
title agreed to.
H. F. No. 229, A bill for an act relating to public safety; authorizing judges to prohibit certain juvenile sex offenders from residing near their victims; amending Minnesota Statutes 2010, section 260B.198, subdivision 1, by adding a subdivision.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
The bill was passed and its title agreed
to.
H. F. No. 738, A bill for an act relating to public safety; modifying certain harassment restraining order provisions; amending Minnesota Statutes 2010, section 609.748, subdivisions 4, 5, 6.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 1577, A bill for an act relating to public safety; establishing a sex offender policy task force.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
The bill was passed and its title agreed
to.
H. F. No. 844,
A bill for an act relating to workforce development; providing for a public
library adviser to the Governor's Workforce Development Council; amending
Minnesota Statutes 2010, section 116L.665, subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Downey
Drazkowski
Hackbarth
Peppin
Scott
The bill was passed and its title agreed
to.
H. F. No. 392, A bill for an act relating to education; modifying provisions relating to school bus safety and standards; amending Minnesota Statutes 2010, sections 169.4501, subdivisions 1, 2; 169.4503, subdivisions 5, 20, by adding subdivisions; repealing Minnesota Statutes 2010, section 169.454, subdivision 10.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
The
bill was passed and its title agreed to.
S. F. No. 194, A bill for an act relating to secured transactions; enacting amendments to the Uniform Commercial Code Article 9 adopted by the National Conference of Commissioners on Uniform State Laws; making conforming changes; amending Minnesota Statutes 2010, sections 86B.820, subdivisions 10, 11; 168A.01, subdivisions 18, 19; 336.2A-103; 336.9-102; 336.9-105; 336.9-307; 336.9-311; 336.9-316; 336.9-317; 336.9-326; 336.9-406; 336.9-408; 336.9-502; 336.9-503; 336.9-507; 336.9-515; 336.9-516; 336.9-518; 514.963, subdivision 7; 514.965, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 336.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
Koenen was excused for the remainder of
today's session.
H. F. No. 1406 was reported
to the House.
Hamilton moved to amend H. F. No. 1406, the first engrossment, as follows:
Page 26, delete section 18
Page 28, delete section 21
Page 30, line 2, after the period, insert "Beginning July 2012, service owners and managerial officials overseeing the management or policies of services that provide direct contact as specified in the federally approved waiver plans must meet the requirements of chapter 245C prior to reenrollment or, for new providers, prior to initial enrollment."
Page 30, line 9, delete "245B.092" and insert "256B.092"
Page 30, lines 14 to 19, reinstate the stricken language
Page 31, delete section 24
Page 33, line 15, reinstate the stricken language
Page 33, line 16, reinstate the stricken language and delete the colon
Page 33, delete lines 17 to 22
Page 37, lines 28 to 30, reinstate the stricken language
Page 37, line 31, reinstate the stricken language and delete the new language
Page 37, delete lines 32 and 33
Page 40, line 25, delete "nursing facility"
Page 40, line 28, delete "facility"
Page 41, line 2, after the semicolon, insert "and"
Page 41, line 6, delete the semicolon and insert a period
Page 41, line 7, delete the new language and strike the existing language
Page 41, strike line 8
Page 41, lines 9 and 10, delete the new language and strike the existing language
Page 45, line 8, after "care" insert ". For individuals found to meet eligibility criteria for home and community-based service programs under sections 256B.0915, 256B.092, or 256B.49, "cost effectiveness" has the meaning found in the federally approved waiver plan for each program"
Page 45, line 25, delete "paragraphs" and insert "paragraph"
Page 45, line 26, after the first "and" insert "paragraph"
Page 53, line 19, delete "as described in section 256B.69, subdivision 23, and"
Page 54, line 16, delete the second "as"
Page 54, line 17, delete "described in section 256B.69, subdivision 23, and"
Page 70, line 28, delete "thousand" and insert "1,000" and delete "the"
Page 70, line 29, delete "thousand people" and insert "1,000 persons" and delete "five year" and insert "five-year"
Page 71, line 5, delete "five year" and insert "five-year"
Page 72, delete section 2
Page 73, delete section 3
Page 78, delete section 12
Page 80, delete section 1
Page 89, delete section 3
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Abeler
moved to amend H. F. No. 1406, the first engrossment, as
amended, as follows:
Page
66, lines 31 and 32, reinstate the stricken language
Renumber
the clauses in sequence
The
motion prevailed and the amendment was adopted.
H. F. No. 1406, A bill for an act relating to human services; amending continuing care policy provisions; making changes to the telephone equipment program; making changes to disability services provisions; reforming comprehensive assessments and case management services; making changes to nursing facility provisions; making technical and conforming changes; providing for rulemaking authority; requiring reports; amending Minnesota Statutes 2010, sections 144A.071, subdivisions 3, 5a; 144D.08; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245A.03, subdivision 7; 245A.11, subdivision 8; 252.32, subdivision 1a; 252A.21, subdivision 2; 256.476, subdivision 11; 256B.0625, subdivision 19c; 256B.0659, subdivisions 1, 2, 3, 3a, 4, 9, 11, 13, 14, 19, 21, 30; 256B.0911, subdivisions 1, 1a, 2b, 2c, 3, 3a, 3b, 3c, 4a, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6, 10; 256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.096, subdivision 5; 256B.19, subdivision 1e; 256B.431, subdivision 2t; 256B.438, subdivisions 1, 3, 4, by adding a subdivision; 256B.441, subdivision 55a; 256B.49, subdivisions 13, 14, 15, 21; 256B.4912; 256G.02, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 252; repealing Minnesota Statutes 2010, section 144A.073, subdivisions 4, 5.
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 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Hackbarth
Thissen
The bill was passed, as amended, and its
title agreed to.
H. F. No. 642, A bill for an act relating to public safety; providing for a child certified as an adult to be detained in a juvenile facility prior to trial and verdict; amending Minnesota Statutes 2010, section 260B.125, subdivision 8.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Hackbarth
The bill was passed and its title agreed
to.
H. F. No. 1544 was reported
to the House.
Murray moved to amend H. F. No. 1544, the first engrossment, as follows:
Page 3, line 33, after the period, insert "The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b)."
Page 3, line 34, delete "30" and insert "60" and delete "second publication" and insert "county board adopts the resolution"
Page 4, after line 6, insert:
"Subd. 5. Reverting
to elected offices. (a) The
county board may adopt a resolution to provide for the election of an office
made an appointed position under this section, but not until at least three
years after the office was made an appointed position. The county board must publish a proposed
resolution notifying the public of its intent to consider the issue once each
week for two consecutive weeks in the official publication of the county. Following publication and before formally
adopting the resolution, the county board must provide an opportunity at its
next regular meeting for public comment relating to the issue. After the public comment hearing, the county
board may adopt the resolution. The resolution
must be approved by at least 60 percent of the members of the county board and
is effective August 1 following adoption of the resolution.
(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if (1) the position has been an appointed position for at least three years, (2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held, and (3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section. If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at the next regular or special election."
Page 5, line 2, after the period, insert "The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b)."
Page 5, line 3, delete "30" and insert "60" and delete "second publication" and insert "county board adopts the resolution"
Page 5, after line 10, insert:
"Subd. 5. Reverting
to elected offices. (a) The
county board may adopt a resolution to provide for the election of an office
made an appointed position under this section, but not until at least three
years after the office was made an appointed position. The county board must publish a proposed
resolution notifying the public of its intent to consider the issue once each
week for two consecutive weeks in the official publication of the county. Following publication and before formally
adopting the resolution, the county board must provide an opportunity at its
next regular meeting for public comment relating to the issue. After the public comment hearing, the county
board may adopt the resolution. The
resolution must be approved by at least 60 percent of the members of the county
board and is effective August 1 following adoption of the resolution.
(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if (1) the position has been an appointed position for at least three years, (2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held, and (3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section. If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at the next regular or special election."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 1544, A bill for an act relating to counties; providing a process for making certain county offices appointive in Marshall, Freeborn, and Mower Counties.
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 91 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, D.
Anderson, P.
Anzelc
Atkins
Banaian
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Cornish
Crawford
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Fabian
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hayden
Hilstrom
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kelly
Kieffer
Kiel
Knuth
Kriesel
Lanning
Leidiger
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Moran
Morrow
Murdock
Murray
Myhra
Nelson
Nornes
O'Driscoll
Petersen, B.
Peterson, S.
Quam
Runbeck
Sanders
Scalze
Schomacker
Shimanski
Simon
Slawik
Smith
Stensrud
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Barrett
Buesgens
Carlson
Champion
Clark
Daudt
Davids
Drazkowski
Eken
Erickson
Falk
Franson
Fritz
Hackbarth
Hansen
Hilty
Holberg
Kath
Kiffmeyer
Laine
LeMieur
Lenczewski
Marquart
Melin
Mullery
Murphy, E.
Murphy, M.
Norton
Paymar
Pelowski
Peppin
Persell
Poppe
Rukavina
Scott
Slocum
Swedzinski
Ward
Wardlow
The bill was passed, as amended, and its
title agreed to.
H. F. No. 563,
A bill for an act relating to education finance; authorizing school board to
create full-service school zones; amending Minnesota Statutes 2010, sections
123B.88, by adding a subdivision; 123B.92, subdivision 1.
The bill was read for the third time and placed
upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Eken
Erickson
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Drazkowski
Hackbarth
The
bill was passed and its title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 57, A bill for an act relating to public safety; establishing the crimes of sale or possession of synthetic cannabinoids; including a person under the influence of a synthetic cannabinoid for a driving while impaired crime; providing for a penalty; amending Minnesota Statutes 2010, sections 152.027, by adding a subdivision; 169A.20, subdivisions 1, 1a, 1b, 1c.
Cal R. Ludeman, Secretary of the Senate
Kriesel moved that the House refuse to
concur in the Senate amendments to H. F. No. 57, 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.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 201, A bill for an act relating to
health; limiting use of funds for state-sponsored health programs for funding
abortions.
Cal R. Ludeman, Secretary of the Senate
Scott moved that the House refuse to
concur in the Senate amendments to H. F. No. 201, 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.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 936, A bill for an act relating to
health; prohibiting abortions at or after 20 weeks postfertilization age unless
certain exceptions apply; providing civil and criminal penalties; amending
Minnesota Statutes 2010, section 145.4131, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 8; 145.
Cal R. Ludeman, Secretary of the Senate
Holberg moved that the House refuse to
concur in the Senate amendments to H. F. No. 936, 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.
The motion prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 57:
Kriesel, McNamara and Gauthier.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 201:
Scott, Bills and Fritz.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 936:
Holberg, LeMieur and Hosch.
Dean 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.
MESSAGES FROM
THE SENATE, Continued
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 361, A bill for an act relating to crime; modifying crime of fleeing a peace officer; amending Minnesota Statutes 2010, section 609.487, subdivision 4.
H. F. No. 721, A bill for an act relating to traffic regulations; modifying provisions relating to disability parking; amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346, subdivision 3.
H. F. No. 1139, A bill for an act relating to local government; authorizing single source acquisition of public safety equipment; authorizing long-term leasing of public safety equipment; proposing coding for new law in Minnesota Statutes, chapter 471.
H. F. No. 1341, A bill for an act relating to human services; requiring reporting of fiscal information on health care services to children under Minnesota public health care programs; proposing coding for new law in Minnesota Statutes, chapter 256.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 134, 288, 301,
373, 506, 680, 1009, 1083, 1213, 1265, 1285 and 1143.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF
SENATE BILLS
S. F. No. 134, A bill for an act relating to employment; modifying definition of public employee; amending Minnesota Statutes 2010, section 179A.03, subdivision 14.
The bill was read for the first time.
Beard moved that S. F. No. 134 and H. F. No. 212, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 288, A bill for an act relating to health; regulating dental laboratories; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 150A.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
S. F. No. 301, A bill for an act relating to public safety; expanding the fourth-degree assault crime and the assaulting a police horse crime to provide more protection to reserve officers; amending Minnesota Statutes 2010, sections 609.2231, by adding a subdivision; 609.597; 626.84, subdivision 1.
The bill was read for the first time.
Shimanski moved that S. F. No. 301 and H. F. No. 506, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 373, A bill for an act relating to civil actions; reducing the limitation period for bringing certain actions; amending Minnesota Statutes 2010, sections 325D.64; 541.05, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary Policy and Finance.
S. F. No. 506, A bill for an act relating to courts; increasing conciliation court civil claim limit; appropriating money; amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 680, A bill for an act relating to crime; expanding the definition of "criminal act" in the racketeering crime; amending Minnesota Statutes 2010, section 609.902, subdivision 4.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 1009, A bill for an act relating to elections; changing certain procedures and requirements related to vacancies in nomination and certain primaries; amending Minnesota Statutes 2010, sections 204B.04, subdivision 2; 204B.13, subdivisions 1, 4; 204C.32, subdivision 1; 205.065, subdivision 5; 205.13, subdivision 1a; 205A.03, subdivision 4; 205A.06, subdivision 1a; repealing Minnesota Statutes 2010, sections 204B.41; 204D.169; 205.065, subdivision 7; 205A.03, subdivision 6.
The bill was read for the first time.
Sanders moved that S. F. No. 1009 and H. F. No. 1408, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1083, A bill for an act relating to motor vehicles; modifying definition of public impound lot; amending Minnesota Statutes 2010, section 168B.011, subdivision 12.
The bill was read for the first time.
Buesgens moved that S. F. No. 1083 and H. F. No. 1361, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1213, A bill for an act relating to education; modifying adult education tracking system; amending Minnesota Statutes 2010, section 124D.52, subdivision 7.
The bill was read for the first time and referred to the Committee on Education Reform.
S. F. No. 1265, A bill for an act relating to drug and alcohol testing; modifying provisions related to professional athletes; amending Minnesota Statutes 2010, section 181.955, by adding a subdivision.
The bill was read for the first time.
Simon moved that S. F. No. 1265 and H. F. No. 1422, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1285, A bill for an act relating to human services; making changes to chemical and mental health services; making rate reforms; amending Minnesota Statutes 2010, sections 245.462, subdivision 8; 245.467, subdivision 2; 245A.03, subdivision 7; 253B.02, subdivision 9; 254B.03, subdivisions 5, 9; 254B.05; 254B.12; 254B.13, subdivision 3; 256B.0622, subdivision 8; 256B.0623, subdivisions 3, 8; 256B.0624, subdivisions 2, 4, 6; 256B.0625, subdivisions 23, 38; 256B.0926, subdivision 2; 256B.0947; repealing Minnesota Statutes 2010, sections 254B.01, subdivision 7; 256B.0622, subdivision 8a.
The bill was read for the first time.
Anderson, D., moved that S. F. No. 1285 and H. F. No. 1500, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1143, A bill for an act relating to state government; classifying and authorizing sharing of data; making technical changes to data practices; amending Minnesota Statutes 2010, sections 13.02, subdivisions 3, 4, 8a, 9, 12, 13, 14, 15; 13.10, subdivision 1; 13.201; 13.202, subdivision 3; 13.35; 13.3805, subdivisions 1, 2; 13.384, subdivision 1; 13.39, subdivision 2; 13.392, subdivision 1; 13.393; 13.40, subdivision 1; 13.41, subdivision 2; 13.44, subdivision 3; 13.46, subdivisions 2, 3, 4, 5, 6; 13.462, subdivision 1; 13.467, subdivision 1; 13.47, subdivision 1; 13.485, by adding subdivisions; 13.495; 13.51, subdivisions 1, 2; 13.52; 13.548; 13.55, subdivision 1; 13.585, subdivisions 2, 3, 4; 13.59, subdivisions 1, 2, 3; 13.591, subdivision 4; 13.601, subdivision 3; 13.643, subdivisions 1, 2, 3, 5, 6, 7; 13.6435, by adding a subdivision; 13.65, subdivisions 1, 2, 3; 13.67; 13.679, subdivisions 1, 2; 13.714; 13.719, subdivisions 1, 5; 13.7191, subdivisions 14, 18; 13.72, subdivisions 7, 11, by adding subdivisions; 13.792; 13.7932; 13.82, subdivisions 2, 3, 6, 7; 13.83, subdivisions 2, 4, 6; 13.861, subdivision 1; 13.87, subdivisions 1, 2; 79A.16; 79A.28; 216C.266; 237.701, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 13D.
The bill was read for the first time.
Scott moved that S. F. No. 1143 and H. F. No. 1466, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
Huntley was excused for the remainder of
today's session.
CALENDAR FOR THE
DAY
H. F. No. 1023 was reported
to the House.
Kahn moved to amend H. F. No. 1023, the first engrossment, as follows:
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
Subd. 6.
Other motor vehicles. If the motor vehicle is any kind of motor
vehicle other than those provided for in subdivisions 2 to 4, one plate must be
displayed on the front and one on the rear of the vehicle. The plate must be mounted on the rear
bumper of the vehicle or on the back of the vehicle exterior in the place
designed to hold a license plate."
The
motion did not prevail and the amendment was not adopted.
Paymar moved to amend H. F. No. 1023, the first engrossment, as follows:
Page 1, after line 29, insert:
"Sec. 2. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision to read:
Subd. 30. Access
by probationary agencies. Any
law enforcement agency may share criminal investigative data on domestic
violence-related offenders with any corrections or probationary agency for
criminal justice purposes. Not public
data shared with a probationary agency remain classified pursuant to this
section.
Sec. 3. Minnesota Statutes 2010, section 13.84, subdivision 6, is amended to read:
Subd. 6. Public benefit data. (a) The responsible authority or its designee of a parole or probation authority or correctional agency may release private or confidential court services data related to:
(1) criminal acts to any law enforcement
agency, if necessary for law enforcement purposes; and
(2) criminal acts or delinquent acts to the
victims of criminal or delinquent acts to the extent that the data are
necessary for the victim to assert the victim's legal right to restitution;
and
(3) history of domestic violence-related acts and domestic violence risk assessments to a court, a law enforcement agency, a prosecuting authority, a court services department, a parole or probation authority, a state or local correctional agency, or an agency performing pretrial release supervision or studies for criminal justice purposes.
(b) A parole or probation authority, a correctional agency, or agencies that provide correctional services under contract to a correctional agency may release to a law enforcement agency the following data on defendants, parolees, or probationers: current address, dates of entrance to and departure from agency programs, and dates and times of any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may release private or confidential court services data to a victim of a delinquent act to the extent the data are necessary to enable the victim to assert the victim's right to request notice of release under section 611A.06. The data that may be released include only the name, home address, and placement site of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Scott moved to amend H. F. No. 1023, the first engrossment, as amended, as follows:
Page 64, after line 10, insert:
"ARTICLE 9
CUSTODY AND PARENTING TIME
Section 1. Minnesota Statutes 2010, section 257.541, is amended to read:
257.541
CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.
Subdivision 1. Mother's right to custody. The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole custody of the child until paternity has been established under sections 257.51 to 257.74, or until custody is determined in a separate proceeding under section 518.156.
Subd. 2. Father's
right to parenting time and custody. (a)
If paternity has been acknowledged under section 257.34 and paternity has been
established under sections 257.51 to 257.74, the father's rights of parenting
time or custody are determined under sections 518.17 and 518.169 to
518.175.
(b) If paternity has not been acknowledged
under section 257.34 and paternity has been established under sections 257.51
to 257.74, the biological father may petition for rights of parenting time or
custody in the paternity proceeding or in a separate proceeding under section
518.156. The rights of parenting time
or custody must be determined under sections 518.169 to 518.175.
Subd. 3. Father's
right to parenting time and custody; recognition of paternity. If paternity has been recognized under
section 257.75, the father may petition for rights of parenting time or custody
in an independent action under section 518.156.
The proceeding must be treated as an initial determination of custody under
section 518.17. The and the
provisions of chapter 518 sections 518.169 to 518.175 apply with
respect to the granting of custody and parenting time. An action to determine custody and parenting time
may be commenced pursuant to chapter 518 without an adjudication of parentage. These proceedings may not be combined with
any proceeding under chapter 518B.
EFFECTIVE
DATE. This section is
effective for temporary orders and child custody determinations made on or
after January 1, 2012.
Sec. 2. Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to read:
Subd. 3. Custody. Unless otherwise agreed by the parties:
(a) "Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.
(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
(c) "Physical custody and residence" means the routine daily care and control and the residence of the child.
(d) "Joint physical custody"
means that the routine daily care and control and the residence of the child is
structured shared between the parties.
(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.
(f) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.
(g) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.
EFFECTIVE
DATE. This section is
effective for temporary orders and child custody determinations made on or
after January 1, 2012.
Sec. 3. Minnesota Statutes 2010, section 518.091, is amended to read:
518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS;
NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS; NOTICE REGARDING
CUSTODY AND PARENTING TIME.
Subdivision 1. Temporary restraining orders. (a) Every summons must include the notice in this subdivision.
NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE
DISPUTE RESOLUTION PROVISIONS
UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:
(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.
IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO SANCTIONS BY THE COURT.
(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
(b) Upon service of the summons, the restraining provisions contained in the notice apply by operation of law upon both parties until modified by further order of the court or dismissal of the proceeding, unless more than one year has passed since the last document was filed with the court.
Subd. 2. Parent education program requirements. Every summons involving custody or parenting time of a minor child must include the notice in this subdivision.
NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
Subd. 3. Custody
and parenting time requirements. Every
summons must include the notice in this subdivision.
NOTICE
OF CUSTODY AND PARENTING TIME
PARENTS ARE ENTITLED TO A PRESUMPTION
OF JOINT LEGAL CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1
PERCENT PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN EXCEPTIONS AND OTHER PROVISIONS APPLY
UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO 518.175.
EFFECTIVE
DATE. This section is
effective for summons issued on or after January 1, 2012.
Sec. 4. Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to read:
Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final disposition of the proceeding to or for:
(a) Temporary custody and parenting time pursuant to sections 518.169 to 518.175, regarding the minor children of the parties;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the parties;
(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court;
(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor child of the parties from the jurisdiction of the court;
(i) Exclude a party from the family home of the parties or from the home of the other party; and
(j) Require one or both of the parties to perform or to not perform such additional acts as will facilitate the just and speedy disposition of the proceeding, or will protect the parties or their children from physical or emotional harm.
EFFECTIVE
DATE. This section is
effective for temporary orders issued on or after January 1, 2012.
Sec. 5. Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to read:
Subd. 7. Guiding
factors. The court shall be guided
by the factors set forth in chapter 518A (concerning child support), and
sections 518.552 (concerning maintenance), 518.17 518.169 to
518.175 (concerning custody and parenting time), and 518.14 (concerning costs
and attorney fees) in making temporary orders and restraining orders.
EFFECTIVE
DATE. This section is
effective January 1, 2012.
Sec. 6. Minnesota Statutes 2010, section 518.155, is amended to read:
518.155
CUSTODY DETERMINATIONS.
Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or child custody has been commenced shall not issue, revise, modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, 518.169, 518.17, 518.175 or 518.18, which affects the custody of a minor child or the parenting time of a parent unless the court has jurisdiction over the matter pursuant to the provisions of chapter 518D.
EFFECTIVE
DATE. This section is
effective January 1, 2012.
Sec. 7. Minnesota Statutes 2010, section 518.156, is amended to read:
518.156
COMMENCEMENT OF CUSTODY PROCEEDING.
Subdivision 1. Procedure. In a court of this state which has
with jurisdiction to decide child custody matters, a child custody
proceeding is commenced by a parent:
(1) by filing a petition for dissolution or legal separation; or
(2) where a decree of dissolution or legal
separation has been entered or where none is sought, or when paternity has been
recognized under section 257.75, by filing a petition or motion seeking custody
or parenting time with the child in the county where the child is permanently
resident or, where the child is found, or where an earlier
order for custody of the child has been entered.
Subd. 2. Required notice. (a) Written notice of a child custody or parenting time or visitation proceeding shall be given to the child's parent, guardian, and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.
(b) Every notice must include the
following notice of custody and parenting time requirements.
NOTICE
OF CUSTODY AND PARENTING TIME
PARENTS ARE ENTITLED TO A PRESUMPTION
OF JOINT LEGAL CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1
PERCENT PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN EXCEPTIONS AND OTHER PROVISIONS APPLY
UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO 518.175.
EFFECTIVE
DATE. This section is
effective for all notices issued on or after January 1, 2012.
Sec. 8. Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to read:
Subd. 2. Preparation. (a) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the potential custodial arrangements except for persons involved in mediation efforts between the parties. Mediation personnel may disclose to investigators and evaluators information collected during mediation only if agreed to in writing by all parties. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, school personnel, or other expert persons who have served the child in the past after obtaining the consent of the parents or the child's custodian or guardian.
(b) The
report submitted by the investigator must consider and evaluate the factors in
section 518.17, subdivision 1 518.169, subdivision 3, and
include a detailed analysis of all information considered for each factor.,
provided that if joint physical custody is contemplated or sought
not requested by either party, the report must consider and evaluate the
factors in section 518.17, subdivision 2, 518.17, subdivision 1. The report must state the position of
each party and the investigator's recommendation and the reason for the
recommendation, and reference established means for dispute resolution between
the parties.
EFFECTIVE
DATE. This section is
effective for all investigations ordered on or after January 1, 2012.
Sec. 9. [518.169]
JOINT CUSTODY AND EQUAL SHARED PARENTING.
Subdivision 1. Public policy. (a) Recognizing the importance of protections afforded children by their ability to develop strong parental bonds, and recognizing the fundamental right and liberty interest that parents enjoy regarding the care, custody, and companionship of their children, the legislature finds and declares the following with respect to the intent of Minnesota laws relating to families:
(1) an intact, involved two-parent home
provides the optimal environment through which children grow into productive
and responsible adult citizens;
(2) parents play the primary role in
the nurturing and development of their children. Our society, state, and statutes are
secondary structures designed to support, not supplant, both parents in their
role as the primary shapers of their children;
(3) mothers and fathers provide unique
and invaluable contributions toward the development of their children. Each parent's contributions to the upbringing
of their children are indistinguishable and equally necessary to assure
children the best opportunity to develop into healthy citizens;
(4) children should be separated from
their parents only under the most compelling and unusual circumstances in order
to protect a child from endangerment;
(5) it is in the best interests of
children to have frequent and continuing physical contact with both parents
under joint legal and joint physical custody when the parents live separately,
including after parental separation or dissolution of marriage. The proper role of the state is to interfere
to the least degree in familial relationships with the specific purpose of
preserving maximum time allocations with each parent and their children;
(6) parents may, and should be
encouraged to, reach any agreement mutually acceptable to them regarding their parenting
time allocations that reflects the individual circumstances of the parents and
children. In the event parents cannot
reach agreement on a parenting arrangement, it is the specific intent of
Minnesota law that parents have a right to a rebuttable presumption of equal
time with their children; and
(7) the judiciary in contested custody
proceedings should demonstrate consistent application of the rebuttable
presumption in favor of joint legal and joint physical custody in order to
minimize the adversarial nature of custody proceedings.
(b) The purpose of this section is to
prevent children from being alienated or disenfranchised from their parents'
lives through the unwarranted interference of either parent.
(c) This section establishes clear legislative
policy regarding the relationship of children with each parent when the parents
live separately.
(d) In accordance with the findings in
paragraph (a), the legislature declares that public policy is advanced and the
best interests of children are promoted through equal and shared parenting and
the recognition of both parents' fundamental freedoms to actively participate
in the care, custody, and companionship of their children.
Subd. 2. Presumption
of joint legal and physical custody and shared parenting. This subdivision applies to temporary
and final orders in marriage dissolution or parentage cases. Upon request of either or both parties, the
court shall use a rebuttable presumption that joint legal custody and joint
physical custody, with equal shared parenting, is in the best interests of the
child. For purposes of this subdivision,
"equal" means a minimum parenting time for each parent of 45.1
percent. The percentage of parenting
time may be determined by calculating the number of overnights that a child
spends with a parent or by using a method other than overnights if the parent
has
significant time periods on separate
days when the child is in the parent's physical custody but does not stay
overnight. The parenting time must be
spread throughout one calendar year in a way that best meets variable
circumstances for the parties, unless both parents agree to a different
division of time or schedule.
Subd. 3. Overcoming presumption. If the parents are unable to reach an agreement on joint legal and joint physical custody and equal shared parenting, the burden of overcoming the presumption of joint legal custody, joint physical custody, and equal shared parenting rests on the parent challenging the presumption. To overcome the presumption, the court must find that the parent challenging the presumption has established by clear and convincing evidence that:
(1) the other parent's actions rise to the level of endangering the child due to any of the following:
(i) abandonment under section 260C.007,
subdivision 6, clause (1), 260C.301, subdivision 2, or 518.1705, subdivision 6,
paragraph (b), clause (3);
(ii) physical or sexual abuse under
section 260C.007, subdivision 6, clause (2);
(iii) neglect under section 260C.007,
subdivision 6, clause (3) or (8);
(iv)
allowing the child to live in injurious or dangerous conditions under section
260C.007, subdivision 6, clause (9);
(v) egregious harm under section
260C.007, subdivision 14;
(vi) emotional maltreatment under
section 260C.007, subdivision 15;
(vii) great bodily harm under section
609.02, subdivision 7;
(viii) conviction of child abuse as
defined in section 609.185, clause (b);
(ix) child maltreatment under section
626.556, subdivision 2, clauses (c) to (g); or
(x) domestic abuse as defined in section 518B.01, except when:
(A) a parent has petitioned for an
order for protection and the petition has been dismissed or denied by a court,
or an order for protection was filed by agreement of the parties without a
finding of domestic abuse and the agreement and order incorporating the
agreement did not provide otherwise, in which case the court must find that no
domestic abuse has occurred with respect to matters that were alleged or could
have been alleged; or
(B) a parent knowingly makes false
allegations of domestic abuse as defined in section 518B.01, subdivision 2. Making a false allegation of abuse is
sufficient grounds to challenge the custody and parenting time of the accuser. Allegations raised in the context of custody
proceedings that do not display evidence of a previous pattern of abuse deserve
heightened scrutiny as to their veracity; or
(2) the other parent is incapable of
self-management or management of personal affairs and would jeopardize the
safety of the children due to current habitual and excessive use of alcohol,
drugs, or other mind-altering substances and the related actions due to the
substance abuse demonstrate endangerment to the well-being of the child.
Subd. 4. Consideration
of geographic limitations. This
subdivision applies when the presumption has not been overcome, but due to the
parents' different geographic locations, a 45.1 percent minimum parenting time
for each parent would prevent the parents from keeping the child in one school
during a school year. During the
pendency of the custody proceeding, the child shall remain in the same school
district which the child currently
attends or most recently attended,
unless the parents agree otherwise, or except in cases under section 518B.01
where the parent or child involved in the proceeding is endangered. If the parents do not agree otherwise, the
court shall determine which parent has the majority of parenting time using the
best interests of the child factors under section 518.17, subdivision 1,
provided that a minimum of 25 percent parenting time must be granted to the
other parent, making every attempt to exceed this amount and maximize the
parental involvement of each parent.
Subd. 5. Findings
and order. (a) If the court
finds the presumption has been overcome, the court shall make detailed written
findings that enumerate and explain which of the factors in this subdivision
are applicable and what evidence supported these factors. The court shall restrict physical custody and
parenting time with the other parent as to time, place, duration, or
supervision and may deny parenting time entirely, as the circumstances warrant.
(b) If the court finds the presumption
was not overcome, the court shall issue a custody order or parenting plan with
a minimum 45.1 percent parenting time for each parent, or a different division
of time agreed to by the parents, or as provided under subdivision 4, if
applicable.
EFFECTIVE
DATE. This section is
effective for temporary orders and child custody determinations made on or
after January 1, 2012.
Sec. 10. Minnesota Statutes 2010, section 518.17, subdivision 1, is amended to read:
Subdivision 1. The best interests of the child. (a) Subject to section 518.169, "the best interests of the child" means all relevant factors to be considered and evaluated by the court including:
(1) the wishes of the child's parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child.
Sec. 11. Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:
Subd. 3. Custody order. (a) Subject to section 518.169, upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties which shall be sole or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider
use section 518.169 or, if section 518.169 is not applicable, use the
best interests of each the child factors under subdivision 1
and shall not prefer one parent over the other solely on the basis of the sex
of the parent. If neither party
requests joint legal and joint physical custody under section 518.169 but
either or both parties request joint legal custody, the court shall use a
rebuttable presumption that joint legal custody is in the best interests of the
child.
(b) The court shall grant the following rights to each of the parties, unless specific findings are made under section 518.68, subdivision 1. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Each party shall keep the other party informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment. Each party has the right to reasonable access and telephone contact with the minor children. The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.
Sec. 12. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read: