Journal of the House - 42nd Day - Tuesday, April 23, 2013

A quorum was present.

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

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3790

REPORTS OF CHIEF CLERK

S. F. No. 523 and H. F. No. 690, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Mahoney moved that the rules be so far suspended that S. F. No. 523 be substituted for H. F. No. 690 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1307 and H. F. No. 1182, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Schoen moved that the rules be so far suspended that S. F. No. 1307 be substituted for H. F. No. 1182 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 683, A bill for an act relating to water; creating Legislative Water Commission; modifying water use requirements; requiring a report on groundwater sustainability recommendations; amending Minnesota Statutes 2012, sections 103G.271, subdivisions 1, 4; 103G.287, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 814, A bill for an act relating to environment; requiring report of hazardous substance release to local 911 emergency dispatch center; amending Minnesota Statutes 2012, section 609.671, subdivision 10.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 609.671, subdivision 10, is amended to read:

Subd. 10. Failure to report release of hazardous substance or extremely hazardous substance. (a) A person is, upon conviction, subject to a fine of up to $25,000 or imprisonment for up to two years, or both, who:

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3791

(1) is required to report the release of a hazardous substance under United States Code, title 42, section 9603, or the release of an extremely hazardous substance under United States Code, title 42, section 11004;

(2) knows that a hazardous substance or an extremely hazardous substance has been released; and

(3) fails to provide immediate notification of the release of a reportable quantity of a hazardous substance or an extremely hazardous substance to the state emergency response center and, ~~or a firefighting or law enforcement organization~~ if directed by the center, to notify a local 911 emergency dispatch center.

For purposes of clause (3), the state emergency response center shall direct a caller to notify a local 911 emergency dispatch center if the situation requires an immediate response or the area is unknown to the center. In all other cases, the state emergency response center must notify a local firefighting or law enforcement organization of the situation within 24 hours of receiving the notification.

(b) For a second or subsequent conviction under this subdivision, the violator is subject to a fine of up to $50,000 or imprisonment for not more than five years, or both.

(c) For purposes of this subdivision, a "hazardous substance" means a substance on the list established under United States Code, title 42, section 9602.

(d) For purposes of this subdivision, an "extremely hazardous substance" means a substance on the list established under United States Code, title 42, section 11002.

(e) For purposes of this subdivision, a "reportable quantity" means a quantity that must be reported under United States Code, title 42, section 9602 or 11002.

(f) The penalties in paragraphs (a) and (b) do not apply to an employee of a state emergency response center to the extent that the employee is acting in the scope of that employee's official duties.

EFFECTIVE DATE. This section is effective January 1, 2014, and applies to crimes committed on or after that date."

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Ways and Means to which was referred:

H. F. No. 879, A bill for an act relating to energy; extending funding for research on renewable energy to the University of Minnesota; amending Minnesota Statutes 2012, section 116C.779, subdivision 3.

Reported the same back with the following amendments:

Page 2, line 14, after "enactment" insert "and requires allocations on July 1, 2013, and July 1, 2014"

With the recommendation that when so amended the bill pass.

The report was adopted.

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Carlson from the Committee on Ways and Means to which was referred:

H. F. No. 1000, A bill for an act relating to energy; requiring the commissioner of commerce to make assessments to fund clean energy resource teams; amending Minnesota Statutes 2012, section 216B.241, subdivision 1e.

Reported the same back with the following amendments:

Page 2, line 7, delete "July 15" and insert "June 30"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 814, 879 and 1000 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 523 and 1307 were read for the second time.

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:

H. F. No. 369, A bill for an act relating to community property; adopting the Uniform Community Property Rights at Death Act; proposing coding for new law as Minnesota Statutes, chapter 519A.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 345, 658, 825 and 1291.

JoAnne M. Zoff, Secretary of the Senate

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3793

FIRST READING OF SENATE BILLS

S. F. No. 345, A bill for an act relating to crime victims; authorizing a victim's estate to request or enforce an order for restitution; amending Minnesota Statutes 2012, section 611A.04, by adding a subdivision.

The bill was read for the first time.

Hilstrom moved that S. F. No. 345 and H. F. No. 410, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 658, A bill for an act relating to labor and industry; allowing the commissioner of labor and industry to issue compliance orders for violations of misrepresentations of employment relationships; amending Minnesota Statutes 2012, section 177.27, subdivision 4.

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

S. F. No. 825, A bill for an act relating to health; making changes to the Medical Practice Act; amending Minnesota Statutes 2012, sections 147.001; 147.01, subdivision 1; 147.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.

The bill was read for the first time.

Allen moved that S. F. No. 825 and H. F. No. 1115, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1291, A bill for an act relating to mines; making technical, clarifying, and other policy changes to mine inspector provisions; amending Minnesota Statutes 2012, sections 180.01; 180.02; 180.03; 180.04; 180.05; 180.08; 180.10; 180.11; 180.12; 180.13; proposing coding for new law in Minnesota Statutes, chapter 180; repealing Minnesota Statutes 2012, sections 180.06; 180.09.

The bill was read for the first time.

Anzelc moved that S. F. No. 1291 and H. F. No. 1320, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Murphy, E., 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.

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3794

CALENDAR FOR THE DAY

H. F. No. 630 was reported to the House.

Woodard moved to amend H. F. No. 630, the second engrossment, as follows:

Page 11, line 23, reinstate the stricken language

Page 11, lines 24 to 29, delete the new language

Page 12, after line 2, insert:

"(i) A kindergarten pupil included in paragraph (d) is counted as .388 pupil units for purposes of section 126C.09"

Page 12, delete section 12 and insert:

"Sec. 12. [126C.09] ENHANCED ACADEMIC ACHIEVEMENT FOR EARLY LEARNERS.

A school board may allocate any revenue received through the kindergarten pupil enhanced achievement pupil weighting in section 1263C.05, subdivision 1, paragraph (g) for programs approved by the school board including half-day and free full-day kindergarten programs, programs designed to enhance literacy and other academic achievement for kindergarten through third grade students, class size reduction in kindergarten through grade three, or to provide teacher salary increases."

Page 27, line 22, delete "6,440,890,000" and insert "6,446,290,000"

Page 27, line 25, delete "$5,632,430,000" and insert "$5,637,830,000"

Page 161, line 5, delete "19,214,000" and insert "16,514,000"

Page 161, line 6, delete "19,386,000" and insert "16,586,000"

A roll call was requested and properly seconded.

The question was taken on the Woodard amendment and the roll was called. There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

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Marquart moved to amend the Erickson, S., amendment to H. F. No. 630, the second engrossment, as follows:

Page 1, delete lines 2 to 27

Page 2, delete lines 1 to 36

Page 3, delete lines 1 to 36

Page 4, delete lines 1 to 4 and insert:

"Page 52, line 2, after "(c)" insert ", and to the extent practicable, the rates of graduating students required to complete developmental or remedial instruction before enrolling in a course or credit at a Minnesota public higher education institution"

Page 52, line 8, after the second period, insert "State and"

Page 52, after line 24, insert:

"(c) A school board, district, or a school may seek assistance from the department directly without the need to first seek center support.""

The motion prevailed and the amendment to the amendment was adopted.

Erickson, S., withdrew her amendment, as amended, to H. F. No. 630, the second engrossment.

Woodard moved to amend H. F. No. 630, the second engrossment, as follows:

Page 27, line 14, after the period, insert "The commissioner must notify each district receiving aid under this section that this revenue will be provided through an equalized levy in subsequent years."

Page 27, delete section 29 and insert:

"Sec. 29. APPROPRIATIONS.

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

		$6,092,415,000	. . . . .	2014
		$6,440,890,000	. . . . .	2015

The 2014 appropriation includes $781,842,000 for 2013 and $5,310,573,000 for 2014.

The 2015 appropriation includes $808,460,000 for 2014 and $5,632,430,000 for 2015.

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The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 3. Enrollment options transportation. For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

		$44,000	. . . . .	2014
		$48,000	. . . . .	2015

Subd. 4. Abatement revenue. For abatement aid under Minnesota Statutes, section 127A.49:

		$2,747,000	. . . . .	2014
		$3,136,000	. . . . .	2015

The 2014 appropriation includes $301,000 for 2013 and $2,446,000 for 2014.

The 2015 appropriation includes $385,000 for 2014 and $2,751,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 5. Consolidation transition. For districts consolidating under Minnesota Statutes, section 123A.485:

		$472,000	. . . . .	2014
		$480,000	. . . . .	2015

The 2014 appropriation includes $40,000 for 2013 and $432,000 for 2014.

The 2015 appropriation includes $68,000 for 2014 and $412,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

		$15,660,000	. . . . .	2014
		$16,324,000	. . . . .	2015

The 2014 appropriation includes $2,099,000 for 2013 and $13,561,000 for 2014.

The 2015 appropriation includes $2,121,000 for 2014 and $14,203,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:

		$18,656,000	. . . . .	2014
		$19,127,000	. . . . .	2015

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The 2014 appropriation includes $2,668,000 for 2013 and $15,988,000 for 2014.

The 2015 appropriation includes $2,501,000 for 2014 and $16,626,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 8. One-room schoolhouse. For a grant to Independent School District No. 690, Warroad, to operate the Angle Inlet School:

		$65,000	. . . . .	2014
		$65,000	. . . . .	2015

Subd. 9. Compensatory revenue pilot program. For grants for participation in the compensatory revenue pilot program under Laws 2005, First Special Session chapter 5, article 1, section 50:

		$2,325,000	. . . . .	2014
		$2,325,000	. . . . .	2015

Of this amount, $1,500,000 each year is for a grant to Independent School District No. 11, Anoka-Hennepin; $75,000 each year is for a grant to Independent School District No. 286, Brooklyn Center; $210,000 each year is for a grant to Independent School District No. 279, Osseo; $160,000 each year is for a grant to Independent School District No. 281, Robbinsdale; $165,000 each year is for a grant to Independent School District No. 535, Rochester; $65,000 each year is for a grant to Independent School District No. 833, South Washington County; and $150,000 each year is for a grant to Independent School District No. 241, Albert Lea.

If a grant to a specific school district is not awarded, the commissioner may increase the aid amounts to any of the remaining participating school districts.

This appropriation is part of the base budget for subsequent fiscal years."

Page 83, delete section 26 and insert:

"Sec. 26. APPROPRIATIONS.

Subdivision 1. Department. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. Integration aid. For integration aid under Minnesota Statutes, section 124D.86:

		$17,197,000	. . . . .	2014
		$0	. . . . .	2015

The 2014 appropriation includes $17,197,000 for 2013 and $0 for 2014.

The 2015 appropriation includes $0 for 2014 and $0 for 2015.

Subd. 3. Achievement and integration aid. For achievement and integration aid under Minnesota Statutes, section 124D.862:

		$58,911,000	. . . . .	2014
		$68,623,000	. . . . .	2015

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The 2014 appropriation includes $0 for 2013 and $58,911,000 for 2014.

The 2015 appropriation includes $9,273,000 for 2014 and $59,350,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 4. Literacy incentive aid. For literacy incentive aid under Minnesota Statutes, section 124D.98:

		$52,514,000	. . . . .	2014
		$53,818,000	. . . . .	2015

The 2014 appropriation includes $6,607,000 for 2013 and $45,907,000 for 2014.

The 2015 appropriation includes $7,225,000 for 2014 and $46,593,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 5. Interdistrict desegregation or integration transportation grants. For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:

		$13,968,000	. . . . .	2014
		$14,712,000	. . . . .	2015

Subd. 6. Success for the future. For American Indian success for the future grants under Minnesota Statutes, section 124D.81:

		$2,137,000	. . . . .	2014
		$2,137,000	. . . . .	2015

The 2014 appropriation includes $290,000 for 2013 and $1,847,000 for 2014.

The 2015 appropriation includes $290,000 for 2014 and $1,847,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 7. American Indian teacher preparation grants. For joint grants to assist American Indian people to become teachers under Minnesota Statutes, section 122A.63:

		$190,000	. . . . .	2014
		$190,000	. . . . .	2015

Subd. 8. Tribal contract schools. For tribal contract school aid under Minnesota Statutes, section 124D.83:

		$2,090,000	. . . . .	2014
		$2,252,000	. . . . .	2015

The 2014 appropriation includes $266,000 for 2013 and $1,824,000 for 2014.

The 2015 appropriation includes $285,000 for 2014 and $1,967,000 for 2015.

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The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 9. Early childhood programs at tribal schools. For early childhood family education programs at tribal contract schools under Minnesota Statutes, section 124D.83, subdivision 4:

		$68,000	. . . . .	2014
		$68,000	. . . . .	2015

Subd. 10. Examination fees; teacher training and support programs. (a) For students' advanced placement and international baccalaureate examination fees under Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs for teachers and other interested educators under Minnesota Statutes, section 120B.13, subdivision 1:

		$4,500,000	. . . . .	2014
		$4,500,000	. . . . .	2015

(b) The advanced placement program shall receive 75 percent of the appropriation each year and the international baccalaureate program shall receive 25 percent of the appropriation each year. The department, in consultation with representatives of the advanced placement and international baccalaureate programs selected by the Advanced Placement Advisory Council and the Minnesota Association of IB World Schools, respectively, shall determine the amounts of the expenditures each year for examination fees and training and support programs for each program.

(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least $500,000 each year is for teachers to attend subject matter summer training programs and follow-up support workshops approved by the advanced placement or international baccalaureate programs. The amount of the subsidy for each teacher attending an advanced placement or international baccalaureate summer training program or workshop shall be the same. The commissioner shall determine the payment process and the amount of the subsidy.

(d) The commissioner shall pay all examination fees for all students of low-income families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent of available appropriations shall also pay examination fees for students sitting for an advanced placement examination, international baccalaureate examination, or both.

Any balance in the first year does not cancel but is available in the second year.

Subd. 11. Concurrent enrollment program. For concurrent enrollment programs under Minnesota Statutes, section 124D.091:

		$2,000,000	. . . . .	2014
		$2,000,000	. . . . .	2015

If the appropriation is insufficient, the commissioner must proportionately reduce the aid payment to each district.

Any balance in the first year does not cancel but is available in the second year.

Subd. 12. Collaborative urban educator. For the collaborative urban educator grant program:

		$776,000	. . . . .	2014
		$776,000	. . . . .	2015

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$224,000 each year is for the Southeast Asian teacher program at Concordia University, St. Paul; $184,000 each year is for the collaborative educator program at the University of St. Thomas; $184,000 each year is for the Center for Excellence in Urban Teaching at Hamline University; and $184,000 each year is for East African teacher educator activities at Augsburg College.

Any balance in the first year does not cancel but is available in the second year.

Each institution shall prepare for the legislature, by January 15 of each year, a detailed report regarding the funds used. The report must include the number of teachers prepared as well as the diversity for each cohort of teachers produced.

Subd. 13. ServeMinnesota program. For funding ServeMinnesota programs under Minnesota Statutes, sections 124D.37 to 124D.45:

		$900,000	. . . . .	2014
		$900,000	. . . . .	2015

A grantee organization may provide health and child care coverage to the dependents of each participant enrolled in a full-time ServeMinnesota program to the extent such coverage is not otherwise available.

Subd. 14. Student organizations. For student organizations:

		$725,000	. . . . .	2014
		$725,000	. . . . .	2015

$45,695 each year is for student organizations serving health occupations (HOSA).

$42,830 each year is for student organizations serving service occupations (HERO).

$100,130 each year is for student organizations serving trade and industry occupations (Skills USA, secondary and postsecondary).

$95,355 each year is for student organizations serving business occupations (BPA, secondary and postsecondary).

$149,790 each year is for student organizations serving agriculture occupations (FFA, PAS).

$142,150 each year is for student organizations serving family and consumer science occupations (FCCLA).

$108,725 each year is for student organizations serving marketing occupations (DECA and DECA collegiate).

$40,325 each year is for the Minnesota Foundation for Student Organizations.

Any balance in the first year does not cancel but is available in the second year.

Subd. 15. Early childhood literacy programs. For early childhood literacy programs under Minnesota Statutes, section 119A.50, subdivision 3:

		$4,125,000	. . . . .	2014
		$4,125,000	. . . . .	2015

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Up to $4,125,000 each year is for leveraging federal and private funding to support AmeriCorps members serving in the Minnesota reading corps program established by ServeMinnesota, including costs associated with the training and teaching of early literacy skills to children age three to grade 3 and the evaluation of the impact of the program under Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6.

Any balance in the first year does not cancel but is available in the second year.

Subd. 16. Minnesota math corps program. For the Minnesota math corps program under Minnesota Statutes, section 124D.42, subdivision 9:

		$250,000	. . . . .	2014
		$250,000	. . . . .	2015

Any unexpended balance in the first year does not cancel but is available in the second year.

Subd. 17. Minnesota Principals' Academy. For a grant to the University of Minnesota, College of Education and Human Development, for the operation of the Minnesota Principals' Academy:

		$235,000	. . . . .	2014
		$215,000	. . . . .	2015

Any balance in the first year does not cancel but is available in the second year. The base appropriation for this program for fiscal year 2016 and later is $250,000.

Subd. 18. Regional centers of excellence. For regional centers of excellence under Minnesota Statutes, section 126C.101, subdivision 4:

		$1,500,000	. . . . .	2014
		$3,000,000	. . . . .	2015

The base for the regional centers of excellence in fiscal years 2016 and 2017 is $4,500,000 each year.

Subd. 19. School Climate Center. For the School Climate Center under Minnesota Statutes, section 127A.052:

		$500,000	. . . . .	2014
		$500,000	. . . . .	2015

Subd. 20. Site decision-making grant program. For site decision-making grants under Minnesota Statutes, section 123B.04, subdivision 2, paragraph (f):

$200,000

. . . . .

2014

An education site having a written achievement contract under Minnesota Statutes, section 123B.04, subdivision 4, agreed to by the school board and the education site, may apply to the commissioner of education for a two-year grant not to exceed $10 per resident pupil unit at the site in the 2012-2013 school year. Each participating education site and its school board that are the parties to the achievement contract must report annually to the commissioner, in the form and manner determined by the commissioner, on the progress and success of the education site in achieving student or contract goals or other performance expectations or measures contained in the achievement contract. The commissioner must include the substance and an analysis of these reports in the next statewide report under Minnesota Statutes, section 123B.04, subdivision 5, clause (3), evaluating the effectiveness of site management agreements in redesigning learning programs and broadening the definition of student achievement. Any unexpended funds do not cancel but are available in fiscal year 2015."

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Page 113, delete section 6 and insert:

"Sec. 6. APPROPRIATIONS.

Subdivision 1. Department. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. Charter school building lease aid. For building lease aid under Minnesota Statutes, section 124D.11, subdivision 4:

		$54,484,000	. . . . .	2014
		$59,533,000	. . . . .	2015

The 2014 appropriation includes $6,819,000 for 2013 and $47,665,000 for 2014.

The 2015 appropriation includes $7,502,000 for 2014 and $52,031,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds."

Page 138, delete section 28 and insert:

"Sec. 28. APPROPRIATIONS.

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. Special education; regular. For special education aid under Minnesota Statutes, section 125A.75:

		$910,153,000	. . . . .	2014
		$959,018,000	. . . . .	2015

The 2014 appropriation includes $118,232,000 for 2013 and $791,921,000 for 2014.

The 2015 appropriation includes $124,654,000 for 2014 and $834,364,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:

		$1,655,000	. . . . .	2014
		$1,752,000	. . . . .	2015

If the appropriation for either year is insufficient, the appropriation for the other year is available.

Subd. 4. Travel for home-based services. For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:

		$345,000	. . . . .	2014
		$355,000	. . . . .	2015

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The 2014 appropriation includes $45,000 for 2013 and $300,000 for 2014.

The 2015 appropriation includes $47,000 for 2014 and $308,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 5. Special education; excess costs. For excess cost aid under Minnesota Statutes, section 125A.79, subdivision 7:

		$118,639,000	. . . . .	2014
		$121,919,000	. . . . .	2015

The 2014 appropriation includes $42,030,000 for 2013 and $76,609,000 for 2014.

The 2015 appropriation includes $43,211,000 for 2014 and $78,708,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 6. Court-placed special education revenue. For reimbursing serving school districts for unreimbursed eligible expenditures attributable to children placed in the serving school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:

		$54,000	. . . . .	2014
		$55,000	. . . . .	2015

Subd. 7. Special education out-of-state tuition. For special education out-of-state tuition according to Minnesota Statutes, section 125A.79, subdivision 8:

		$250,000	. . . . .	2014
		$250,000	. . . . .	2015"

Page 142, delete section 5 and insert:

"Sec. 5. APPROPRIATIONS.

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. Health and safety revenue. For health and safety aid according to Minnesota Statutes, section 123B.57, subdivision 5:

		$463,000	. . . . .	2014
		$434,000	. . . . .	2015

The 2014 appropriation includes $26,000 for 2013 and $437,000 for 2014.

The 2015 appropriation includes $68,000 for 2014 and $366,000 for 2015.

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The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 3. Debt service equalization. For debt service aid according to Minnesota Statutes, section 123B.53, subdivision 6:

		$19,083,000	. . . . .	2014
		$25,046,000	. . . . .	2015

The 2014 appropriation includes $2,397,000 for 2013 and $16,686,000 for 2014.

The 2015 appropriation includes $2,626,000 for 2014 and $22,420,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid, according to Minnesota Statutes, section 123B.59, subdivision 1:

		$19,287,000	. . . . .	2014
		$19,287,000	. . . . .	2015

The 2014 appropriation includes $2,623,000 for 2013 and $16,664,000 for 2014.

The 2015 appropriation includes $2,623,000 for 2014 and $16,664,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 5. Equity in telecommunications access. For equity in telecommunications access:

		$3,750,000	. . . . .	2014
		$3,750,000	. . . . .	2015

If the appropriation amount is insufficient, the commissioner shall reduce the reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the revenue for fiscal years 2014 and 2015 shall be prorated.

Any balance in the first year does not cancel but is available in the second year.

Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to Minnesota Statutes, section 123B.591, subdivision 4:

		$3,564,000	. . . . .	2014
		$3,731,000	. . . . .	2015

The 2014 appropriation includes $456,000 for 2013 and $3,108,000 for 2014.

The 2015 appropriation includes $489,000 for 2014 and $3,242,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds."

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Page 150, delete section 18 and insert:

"Sec. 18. APPROPRIATIONS.

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:

		$13,513,000	. . . . .	2014
		$13,763,000	. . . . .	2015

Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:

		$5,711,000	. . . . .	2014
		$6,022,000	. . . . .	2015

Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes, section 124D.118:

		$1,039,000	. . . . .	2014
		$1,049,000	. . . . .	2015

Subd. 5. Summer food service replacement aid. For summer food service replacement aid under Minnesota Statutes, section 124D.119:

		$150,000	. . . . .	2014
		$150,000	. . . . .	2015

Subd. 6. Basic system support. For basic system support grants under Minnesota Statutes, section 134.355:

		$13,570,000	. . . . .	2014
		$13,570,000	. . . . .	2015

The 2014 appropriation includes $1,845,000 for 2013 and $11,725,000 for 2014.

The 2015 appropriation includes $1,845,000 for 2014 and $11,725,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 7. Multicounty, multitype library systems. For grants under Minnesota Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:

		$1,300,000	. . . . .	2014
		$1,300,000	. . . . .	2015

The 2014 appropriation includes $176,000 for 2013 and $1,124,000 for 2014.

The 2015 appropriation includes $176,000 for 2014 and $1,124,000 for 2015.

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3810

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 8. Electronic library for Minnesota. For statewide licenses to online databases selected in cooperation with the Minnesota Office of Higher Education for school media centers, public libraries, state government agency libraries, and public or private college or university libraries:

		$900,000	. . . . .	2014
		$900,000	. . . . .	2015

Any balance in the first year does not cancel but is available in the second year.

Subd. 9. Regional library telecommunications aid. For regional library telecommunications aid under Minnesota Statutes, section 134.355:

		$2,300,000	. . . . .	2014
		$2,300,000	. . . . .	2015

The 2014 appropriation includes $312,000 for 2013 and $1,988,000 for 2014.

The 2015 appropriation includes $312,000 for 2014 and $1,988,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds."

Page 158, delete section 7 and insert:

"Sec. 7. APPROPRIATIONS.

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. School readiness. For revenue for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:

		$10,095,000	. . . . .	2014
		$10,159,000	. . . . .	2015

The 2014 appropriation includes $1,372,000 for 2013 and $8,723,000 for 2014.

The 2015 appropriation includes $1,372,000 for 2014 and $8,787,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 3. Early childhood family education aid. For early childhood family education aid under Minnesota Statutes, section 124D.135:

		$22,078,000	. . . . .	2014
		$22,425,000	. . . . .	2015

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3811

The 2014 appropriation includes $3,008,000 for 2013 and $19,070,000 for 2014.

The 2015 appropriation includes $3,001,000 for 2014 and $19,424,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 4. Health and developmental screening aid. For health and developmental screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:

		$3,421,000	. . . . .	2014
		$3,344,000	. . . . .	2015

The 2014 appropriation includes $474,000 for 2013 and $2,947,000 for 2014.

The 2015 appropriation includes $463,000 for 2014 and $2,881,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes, section 119A.52:

		$22,171,000	. . . . .	2014
		$20,100,000	. . . . .	2015

For the fiscal year 2014 appropriation only, the lesser of 50 percent of the actual loss of revenue to sequestration or $2,071,000 must be used to replace a portion of the federal funds lost to sequestration and must be distributed proportionate to the loss among all programs.

Subd. 6. Educate parents partnership. For the educate parents partnership under Minnesota Statutes, section 124D.129:

		$49,000	. . . . .	2014
		$49,000	. . . . .	2015

Subd. 7. Kindergarten entrance assessment initiative and intervention program. For the kindergarten entrance assessment initiative and intervention program under Minnesota Statutes, section 124D.162:

		$281,000	. . . . .	2014
		$281,000	. . . . .	2015

Subd. 8. Early childhood education scholarships. For transfer to the Office of Early Learning for early learning scholarships under Minnesota Statutes, section 124D.143:

		$25,000,000	. . . . .	2014
		$31,000,000	. . . . .	2015

Up to $950,000 each year is for administration of this program.

Any balance in the first year does not cancel but is available in the second year.

The base for this program is $52,000,000 for fiscal year 2016 and $75,000,000 for fiscal year 2017 and later.

Subd. 9. Parent-child home program. For a grant for a parent-child home program:

		$250,000	. . . . .	2014
		$250,000	. . . . .	2015

The grant must be used for an evidence-based and research-validated early childhood literacy and school readiness program for children ages 16 months to four years. Any unexpended balance in the first year does not cancel but is available in the second year.

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3812

Subd. 10. Community education aid. For community education aid under Minnesota Statutes, section 124D.20:

		$935,000	. . . . .	2014
		$1,056,000	. . . . .	2015

The 2014 appropriation includes $118,000 for 2013 and $817,000 for 2014.

The 2015 appropriation includes $128,000 for 2014 and $928,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 11. Adults with disabilities program aid. For adults with disabilities programs under Minnesota Statutes, section 124D.56:

		$710,000	. . . . .	2014
		$710,000	. . . . .	2015

The 2014 appropriation includes $96,000 for 2013 and $614,000 for 2014.

The 2015 appropriation includes $96,000 for 2014 and $614,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 12. Hearing-impaired adults. For programs for hearing-impaired adults under Minnesota Statutes, section 124D.57:

		$70,000	. . . . .	2014
		$70,000	. . . . .	2015

Subd. 13. School-age care revenue. For extended day aid under Minnesota Statutes, section 124D.22:

		$1,000	. . . . .	2014
		$1,000	. . . . .	2015

The 2014 appropriation includes $0 for 2013 and $1,000 for 2014.

The 2015 appropriation includes $0 for 2014 and $1,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

Subd. 14. Adult basic education aid. For adult basic education aid under Minnesota Statutes, section 124D.531:

		$47,005,000	. . . . .	2014
		$48,356,000	. . . . .	2015

The 2014 appropriation includes $6,284,000 for 2013 and $40,721,000 for 2014.

The 2015 appropriation includes $6,409,000 for 2014 and $41,947,000 for 2015.

The appropriations in this subdivision are subject to the aid payment shift and future appropriations are required to fully repay schools for shifted funds.

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Subd. 15. GED tests. For payment of 60 percent of the costs of GED tests under Minnesota Statutes, section 124D.55:

		$125,000	. . . . .	2014
		$125,000	. . . . .	2015"

Page 160, line 31, delete section 1 and insert:

"Section 1. APPROPRIATIONS; DEPARTMENT OF EDUCATION.

Subdivision 1. Department of Education. Unless otherwise indicated, the sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated.

Subd. 2. Department. (a) For the Department of Education:

		$19,214,000	. . . . .	2014
		$19,386,000	. . . . .	2015

Any balance in the first year does not cancel but is available in the second year.

(b) $260,000 each year is for the Minnesota Children's Museum.

(d) $50,000 each year is for the Duluth Children's Museum.

(e) $618,000 each year is for the Board of Teaching. Any balance in the first year does not cancel but is available in the second year.

(f) $167,000 each year is for the Board of School Administrators. Any balance in the first year does not cancel but is available in the second year.

(g) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and shall be spent as indicated.

(h) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D. C. office.

(i) The commissioner must report to the education committees of the legislature on the effects of federal sequestration by July 1, 2014.

Subd. 3. Licensure by portfolio. For licensure by portfolio:

		$30,000	. . . . .	2014
		$30,000	. . . . .	2015

This appropriation is from the educator licensure portfolio account of the special revenue fund."

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Page 161, delete sections 2 and 3 and insert:

"Sec. 2. APPROPRIATIONS; MINNESOTA STATE ACADEMIES.

The sums indicated in this section are appropriated from the general fund to the Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:

		$11,897,000	. . . . .	2014
		$11,910,000	. . . . .	2015

$85,000 of the fiscal year 2014 appropriation is for costs associated with upgrading kitchen facilities. The funds for kitchen upgrades may be expended in fiscal year 2014 or fiscal year 2015. Any balance in the first year does not cancel but is available in the second year.

Sec. 3. APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.

The sums in this section are appropriated from the general fund to the Perpich Center for Arts Education for the fiscal years designated:

		$6,786,000	. . . . .	2014
		$6,848,000	. . . . .	2015

Any balance in the first year does not cancel but is available in the second year.

The Perpich Center must report to the education committees of the legislature by January 15, 2014, on its equipment and facility needs for future years."

Amend the title accordingly

A roll call was requested and properly seconded.

Woodard moved to amend his amendment to H. F. No. 630, the second engrossment, as follows:

Page 8, delete subdivisions 18 and 19

Page 15, line 1, delete "25,000,000" and insert "28,250,000"

Page 15, line 2, delete "31,000,000" and insert "34,179,000"

Page 16, line 27, delete "19,214,000" and insert "18,772,000"

Page 16, line 28, delete "19,386,000" and insert "18,944,000"

A roll call was requested and properly seconded.

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3815

The question was taken on the amendment to the amendment and the roll was called. There were 62 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Quam moved to amend H. F. No. 630, the second engrossment.

Quam requested a division of his amendment to H. F. No. 630, the second engrossment.

Quam further requested that the second portion of his divided amendment be voted on first.

The second portion of the Quam amendment to H. F. No. 630, the second engrossment, reads as follows:

Page 61, line 10, after the period, insert "Rules under this paragraph must allow a candidate to pass the skills examination by obtaining scores on the individual sections that total a sum higher than the sum of the individual passing scores of the sections. The rules must allow a candidate who has not passed the examination to retake the entire examination or any section that has not been individually passed, but not only already passed sections."

Page 63, line 15, after "pass" insert ", according to section 122A.09, subdivision 4, paragraph (b),"

Page 66, line 3, after "passed" insert ", according to section 122A.09, subdivision 4, paragraph (b),"

The motion did not prevail and the second portion of the Quam amendment to H. F. No. 630, the second engrossment, was not adopted.

The first portion of the Quam amendment to H. F. No. 630, the second engrossment, reads as follows:

Page 40, line 1, after "attainment" insert ", as defined in paragraph (j),"

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3831

Page 40, delete lines 31 and 32

Page 43, after line 35, insert:

"(j) For purposes of this subdivision, "attainment" means obtaining a cumulative score on a student's final examination, required under this subdivision, equivalent to or greater than the cumulative score generated by adding the individual subject scores determined as proficient through a standard setting process."

The motion did not prevail and the first portion of the Quam amendment to H. F. No. 630, the second engrossment, was not adopted.

Erickson, S., moved to amend H. F. No. 630, the second engrossment, as follows:

Page 61, line 3, after the second "a" insert "college-level"

Page 61, line 9, after "the" insert "college-level"

Page 63, line 15, after "of" insert "college-level"

Page 63, line 24, after "the" insert "college-level"

Page 63, line 35, after the second "the" insert "college-level"

Page 64, line 11, after "the" insert "college-level"

Page 65, line 35, after "a" insert "college-level"

Page 66, line 3, after "the" insert "college-level"

The motion prevailed and the amendment was adopted.

Erickson, S., moved to amend H. F. No. 630, the second engrossment, as amended, as follows:

Page 66, after line 29, insert:

"Sec. 9. Minnesota Statutes 2012, section 122A.40, subdivision 8, is amended to read:

Subd. 8. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop a teacher evaluation and peer review process for probationary and continuing contract teachers through joint agreement. If a school board and the exclusive representative of the teachers do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the plan for evaluation and review under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).

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(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, the annual evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision 5;

(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, the opportunity to participate in a professional learning community under paragraph (a), and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator. For the years when a tenured teacher is not evaluated by a qualified and trained evaluator, the teacher must be evaluated by a peer review;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher collaboration;

(6) may include mentoring and induction programs;

(7) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;

(8) must use an agreed upon teacher value-added assessment model for the grade levels and subject areas for which value-added data are available and establish state or local measures of student growth for the grade levels and subject areas for which value-added data are not available as a basis for 35 percent of teacher evaluation results;

(9) must use longitudinal data on student engagement and connection, and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses (3) through (10) support to improve through a teacher improvement process that includes established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (11) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under section 13.43.

(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Board of Teaching, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3833

section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process. The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 5.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place a student in consecutive school years in the classroom of a teacher with the lowest evaluation rating in the previous school year unless no other teacher at the school teaches that grade; and

(2) for students in grades 5 to 12, a school administrator must not place students in consecutive school years in the classroom of a teacher with the lowest evaluation rating in the previous school year unless no other teacher at the school teaches that subject area and grade.

EFFECTIVE DATE. This section is effective for the 2016-2017 school year and later.

Sec. 10. Minnesota Statutes 2012, section 122A.41, subdivision 5, is amended to read:

Subd. 5. Development, evaluation, and peer coaching for continuing contract teachers. (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop an annual teacher evaluation and peer review process for probationary and nonprobationary teachers through joint agreement. If a school board and the exclusive representative of the teachers in the district do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the plan for evaluation and review developed under paragraph (c). The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, the annual evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision 2;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher collaboration;

(6) may include mentoring and induction programs;

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(9) must use longitudinal data on student engagement and connection and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to perform summative evaluations;

Data on individual teachers generated under this subdivision are personnel data under section 13.43.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

EFFECTIVE DATE. This section is effective for the 2016-2017 school year and later."

Page 80, after line 1, insert:

"Sec. 22. PROHIBITION AGAINST PLACING STUDENTS WITH INEFFECTIVE TEACHERS; LEGISLATIVE REPORT.

The commissioner must consult with the education stakeholders listed under Minnesota Statutes, sections 122A.40, subdivision 8, paragraph (c), in reviewing the policies under Minnesota Statutes, sections 122A.40,

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3835

subdivision 8, paragraph (d), and 122A.41, subdivision 5, paragraph (d), and recommend to the education policy and finance committees of the legislature by January 15, 2014, the funding and other mechanisms required to implement those policies.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Erickson, S., amendment and the roll was called. There were 67 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Quam moved to amend H. F. No. 630, the second engrossment, as amended, as follows:

Page 3, after line 11, insert:

"Sec. 3. [121A.08] STUDENT RELIGIOUS LIBERTIES.

Subdivision 1. Citation. This section shall be known and may be cited as the "Student Religious Liberties Act of 2013."

Subd. 2. Student expression. A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

Subd. 3. Religious expression in class assignments. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work. If an assignment requires a student's viewpoint to be expressed in coursework, artwork, or other written or oral assignments, a public school shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment.

Subd. 4. Freedom to organize religious groups and activities. (a) Students in public schools may pray or engage in religious activities or religious expression before, during, and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

(b) Students in public schools may wear clothing, accessories, and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories, and jewelry that display messages or symbols are permitted.

Subd. 5. Limited public forum; school district policy. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3849

religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:

(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;

(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;

(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and

(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.

(b) The school district disclaimer required by paragraph (a), clause (4), must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.

(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.

(d) All school districts shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools developed under subdivision 6, the district is in compliance with the provisions of this section.

Subd. 6. State model policy. (a) The commissioner of education, in consultation with representatives of the Minnesota School Board Association, the Minnesota Association of School Administrators, the Minnesota Elementary School Principals' Association, and the Minnesota Secondary School Principals' Association, shall develop and maintain a state model policy. The commissioner must assist districts and schools under this subdivision to implement the state policy. The state model policy must:

(1) define school events at which a limited public forum exists;

(2) set objective criteria for student selection for the limited public forums under clause (1);

(3) provide wording for the disclaimers under subdivisions 4 and 5;

(4) provide guidance for graduation ceremonies;

(5) provide guidance on religious expression in class assignments under subdivision 3; and

(6) provide guidance on the organization of religious groups and activities under subdivision 4.

(b) The commissioner shall develop and post departmental procedures for:

(1) periodically reviewing district and school programs and policies for compliance with this section;

(2) investigating, reporting, and responding to noncompliance with this section; and

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(3) allowing students, parents, and educators to file a complaint about noncompliance with the commissioner.

Subd. 7. Statutory construction. (a) This section shall not be construed to authorize this state or any of its political subdivisions to do either of the following:

(1) require any person to participate in prayer or in any other religious activity; or

(2) violate the constitutional rights of any person.

(b) This section shall not be construed to limit the authority of any public school to do any of the following:

(1) maintain order and discipline on the campus of the public school in a content- and viewpoint-neutral manner;

(2) protect the safety of students, employees, and visitors of the public school; or

(3) adopt and enforce policies and procedures regarding student speech at school provided that the policies and procedures do not violate the rights of students as guaranteed by the Constitutions of the United States and the state of Minnesota or other applicable law.

EFFECTIVE DATE. This section is effective for the 2013-2014 school year and later."

Renumber the sections in sequence and correct the internal references

Correct the title numbers accordingly

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

Gruenhagen moved to amend H. F. No. 630, the second engrossment, as amended, as follows:

Page 138, line 6, after the period, insert "The task force also must identify the special education requirements in state statute and rule that exceed federal requirements for special education and analyze the educational benefits and the cost of those requirements."

Page 138, line 8, after "legislature" insert a colon

Page 138, line 10, after "alternatives" insert "; and analyzing the educational benefits and costs of the state special education statutes and rules that exceed federal requirements"

The motion prevailed and the amendment was adopted.

Erickson, S., moved to amend H. F. No. 630, the second engrossment, as amended, as follows:

Page 138, after line 11, insert:

"Sec. 27. SPECIAL EDUCATION EVALUATION.

Subdivision 1. Independent analysis of proposed changes to state special education laws. The commissioner of education must solicit a request for proposal to undertake a detailed, independent analysis of the economic and educational effects of conforming Minnesota's special education laws with minimum federal

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requirements. The report must be structured to help the K-12 education policy and finance committees of the legislature balance student outcomes with possible gains in time or cost efficiencies. The commissioner must submit a written report containing the analysis to the K-12 education policy and finance committees of the legislature by February 15, 2014.

Subd. 2. Special education teachers' compliance with legal requirements. The Department of Education must identify ways to give teachers working with eligible children with disabilities sufficient written and online resources to make informed decisions about how to effectively comply with legal requirements related to providing special education programs and services, including writing individualized education programs and related documents, among other requirements. The department must work collaboratively with school and district staff and representatives of affected organizations, including Education Minnesota and Minnesota Administrators of Special Education, among others, to identify obstacles to and solutions for teachers' confusion about complying with legal requirements governing special education programs and services. The department must work with schools and districts to provide staff development training to better comply with applicable legal requirements while meeting the educational needs and improving the educational progress of eligible children with disabilities.

Subd. 3. Efficiencies to reduce paperwork. The Department of Education, in collaboration with teachers and administrators working with eligible children with disabilities in schools and districts, must identify strategies to effectively decrease the amount of time teachers spend completing paperwork for special education programs and services, evaluate whether the strategies are cost effective, and determine whether other schools and districts are able to effectively use the strategies given available staff and resources. Where an evaluation shows that particular paperwork reduction strategies are cost effective without undermining the purpose of the paperwork or the integrity of special education requirements, the department must electronically disseminate and promote the strategies to other schools and districts throughout the state.

Subd. 4. Recommended rule changes to conform with Minnesota Statutes. The commissioner of education must prepare a written report for the K-12 education policy and finance committees of the legislature by February 1, 2014, recommending specific substantive and technical text revisions for amending state special education rules and repealing obsolete special education rules to make the rules consistent with Minnesota special education statutes. The commissioner must consult with the house of representatives and senate committee chairs and ranking minority members in preparing this report.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Erickson, S., moved to amend her amendment to H. F. No. 630, the second engrossment, as amended, as follows:

Page 2, after line 19, insert:

"Page 138, after line 25, insert:

"Sec. 28. SPECIAL EDUCATION; PAPERWORK; TIME LINES.

(a) Notwithstanding other law to the contrary, to the extent special education-related paperwork requirements applicable to school districts exceed what is required by federal special education law, school districts may satisfy these paperwork requirements by complying with the federal law only.

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(b) Notwithstanding other law to the contrary, to the extent special education-related time lines applicable to school districts exceed what is required by federal special education law, school districts may satisfy these time line requirements by complying with the federal law only.

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

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

The bill was passed, as amended, 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 that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 729, A bill for an act relating to state government; appropriating money for jobs and economic development, commerce and consumer protection, and housing; making changes to labor and industry provisions; modifying and providing for certain fees; modifying employment, economic development, and workforce development provisions; making unemployment insurance changes; reducing the unemployment insurance tax; establishing notice for contracts for deed involving residential property; providing remedies; establishing the Office of Broadband Development in the Department of Commerce and assigning it duties; requiring the Department of Transportation to post a database on its Web site; appropriating money to various boards, departments, and the Housing Finance Agency; requiring reports; amending Minnesota Statutes 2012, sections 60A.14, subdivision 1; 116J.70, subdivision 2a; 116J.8731, subdivisions 2, 3, 8, 9; 116L.17, subdivision 4, by adding a subdivision; 116U.26; 136F.37; 154.001, by adding a subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2; 154.07, subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision 1; 154.12; 154.14; 154.15, subdivision 2; 154.26; 155A.23, subdivisions 3, 8, 11; 155A.25, subdivisions 1a, 4; 155A.27, subdivisions 4, 10; 155A.29, subdivision 2; 155A.30, by adding a subdivision; 177.27, subdivision 4; 237.012, subdivision 3; 239.101, subdivision 3; 245.4712, subdivision 1; 268.051, subdivision 5; 268.07, subdivision 3b; 268.125, subdivisions 1, 3, 4, 5; 268.136, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 268.199; 268.23; 268A.13; 268A.14, subdivision 1; 326.02, subdivision 5; 326A.04, subdivisions 2, 3, 5, 7; 326A.10; 326B.081, subdivision 3; 326B.082, subdivision 11; 326B.093, subdivision 4; 326B.101; 326B.103, subdivision 11; 326B.121, subdivision 1; 326B.163, by adding subdivisions; 326B.184, subdivisions 1, 2, by adding a subdivision; 326B.187; 326B.31, by adding a subdivision; 326B.33, subdivisions 19, 21; 326B.36, subdivision 7; 326B.37, by adding a subdivision; 326B.43, subdivision 2; 326B.49, subdivisions 2, 3; 326B.89, subdivision 1; 327B.04, subdivision 4; 341.21, subdivision 3a; 341.221; 341.27; 341.29; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 507.235, subdivision 2; 559.211, subdivision 2;

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3865

Laws 2011, First Special Session chapter 2, article 2, section 3, subdivision 4; Laws 2012, chapter 201, article 1, section 3; proposing coding for new law in Minnesota Statutes, chapters 116J; 116L; 154; 155A; 161; 179; 237; 268; 326B; 383D; 559; proposing coding for new law as Minnesota Statutes, chapter 80G; repealing Minnesota Statutes 2012, sections 116W.01; 116W.02; 116W.03; 116W.035; 116W.04; 116W.05; 116W.06; 116W.20; 116W.21; 116W.23; 116W.24; 116W.25; 116W.26; 116W.27; 116W.28; 116W.29; 116W.30; 116W.31; 116W.32; 116W.33; 116W.34; 155A.25, subdivision 1; 326A.03, subdivisions 2, 5, 8; 326B.31, subdivisions 18, 19, 22; 326B.978, subdivision 4; 507.235, subdivision 4; Minnesota Rules, parts 1105.0600; 1105.2550; 1105.2700; 1307.0032; 3800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.

The Senate has appointed as such committee:

Senators Tomassoni, Saxhaug, Sparks, Metzen and Westrom.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 976, A bill for an act relating to state government; appropriating money for environment, natural resources, and agriculture; modifying and providing for certain fees; modifying and providing for disposition of certain revenue; creating accounts; modifying payment of certain costs; modifying grant programs; providing for agricultural water quality certification; modifying Minnesota Noxious Weed Law; modifying pesticide control; modifying animal waste technician provisions; modifying certain renewable energy and biofuel provisions; modifying bonding requirements for grain buyers and grain storage; making technical changes; modifying certain permit requirements; providing for federal law compliance; providing for certain easements; establishing pollinator habitat program; modifying state trails; modifying all-terrain vehicle operating provisions; modifying State Timber Act; modifying water use requirements; modifying certain park boundaries; modifying reporting requirements; modifying Petroleum Tank Release Cleanup Act; providing for silica sand mining model standards and technical assistance; establishing criteria for wastewater treatment system projects; providing for wastewater laboratory certification; providing for product stewardship programs; modifying Minnesota Power Plant Siting Act; providing for sanitary districts; requiring groundwater sustainability recommendations; requiring rulemaking; amending Minnesota Statutes 2012, sections 17.03, subdivision 3; 17.1015; 17.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3; 18.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01, by adding a subdivision; 18B.065, subdivision 2a; 18B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3; 18B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, subdivision 4; 18C.430; 18C.433, subdivision 1; 31.94; 41A.10, subdivision 2, by adding a subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, by adding a subdivision; 41B.04, subdivision 9; 41D.01, subdivision 4; 84.027, by adding a subdivision; 84.82, by adding a subdivision; 84.922, by adding a subdivision; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.108, subdivision 2; 85.015, subdivision 13; 85.052, subdivision 6; 85.054, by adding a subdivision; 85.055, subdivisions 1, 2; 85.42; 89.0385; 89.17; 90.01, subdivisions 4, 5, 6, 8, 11; 90.031, subdivision 4; 90.041, subdivisions 2, 5, 6, 9, by adding subdivisions; 90.045; 90.061, subdivision 8; 90.101, subdivision 1; 90.121; 90.145; 90.151, subdivisions 1, 2, 3, 4, 6, 7, 8, 9; 90.161; 90.162; 90.171; 90.181, subdivision 2; 90.191, subdivision 1; 90.193; 90.195; 90.201, subdivision 2a; 90.211; 90.221; 90.252, subdivision 1; 90.301, subdivisions 2, 4; 90.41, subdivision 1; 92.50; 93.17, subdivision 1; 93.1925, subdivision 2; 93.25, subdivision 2; 93.285, subdivision 3; 93.46, by adding a subdivision; 93.481, subdivisions 3, 5, by adding subdivisions; 93.482; 97A.401, subdivision 3; 103G.265, subdivisions 2, 3; 103G.271, subdivisions 1, 4, 6; 103G.282; 103G.287, subdivisions 1, 4, 5; 103G.615, subdivision 2; 103I.205, subdivision 1; 103I.601, by adding a

Journal of the House - 42nd Day - Tuesday, April 23, 2013 - Top of Page 3866

subdivision; 114D.50, subdivision 4; 115A.1320, subdivision 1; 115B.20, subdivision 6; 115B.28, subdivision 1; 115C.02, subdivision 4; 115C.08, subdivision 4, by adding a subdivision; 115D.10; 116.48, subdivision 6; 116C.03, subdivisions 2, 4, 5; 116D.04, by adding a subdivision; 116J.437, subdivision 1; 168.1296, subdivision 1; 216E.12, subdivision 4; 223.17, by adding a subdivision; 232.22, by adding a subdivision; 239.051, by adding subdivisions; 239.791, subdivisions 1, 2a, 2b; 239.7911; 275.066; 296A.01, subdivision 19, by adding a subdivision; 473.846; Laws 2012, chapter 249, section 11; proposing coding for new law in Minnesota Statutes, chapters 17; 18; 84; 90; 93; 115; 115A; 116C; proposing coding for new law as Minnesota Statutes, chapter 442A; repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07, subdivision 6; 90.163; 90.173; 90.41, subdivision 2; 103G.265, subdivision 2a; 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22; 115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32; 115.33; 115.34; 115.35; 115.36; 115.37; 239.791, subdivision 1a; Minnesota Rules, parts 7021.0010, subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040; 7021.0050, subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340; 9210.0350; 9210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6.

The Senate has appointed as such committee:

Senators Tomassoni, Saxhaug, Sparks, Metzen and Westrom.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 924 and 1270.

JoAnne M. Zoff, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 924, A bill for an act relating to unemployment insurance; regulating the shared work program to conform to federal law; providing for a program converting layoffs into businesses; amending Minnesota Statutes 2012, sections 116L.17, subdivision 4, by adding a subdivision; 268.051, subdivision 5; 268.07, subdivision 3b; 268.136, subdivisions 1, 2, 3, 4, 5, by adding subdivisions; 268.23; Laws 2012, chapter 201, article 1, section 3; proposing coding for new law in Minnesota Statutes, chapter 268.

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

S. F. No. 1270, A bill for an act relating to transportation; modifying provisions governing transportation and public safety policies, including highway signs, highway jurisdictions, accounts, state-aid definitions and variances, vehicle registration and license plates, record retention, conformance with federal law, motor vehicle dealers, type III vehicles, bicycle lanes, speed limit, disability parking, school bus safety, vehicle weights, background checks, senior identification cards, Department of Transportation offices and ombudsperson and surplus land, railroad crossing signs, bus rapid transit, transit planning, operations, and accessibility, and land conveyance; amending

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Minnesota Statutes 2012, sections 160.80, subdivisions 1, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision; 161.1231, subdivision 8; 161.44, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1, 2, 3, by adding a subdivision; 168B.15; 169.011, subdivision 71; 169.14, subdivision 2; 169.18, subdivisions 4, 7; 169.19, subdivision 1; 169.34, subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.824, subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 171.12, subdivision 6; 174.02, by adding a subdivision; 174.24, subdivision 5a; 219.17; 219.18; 219.20; 221.0314, subdivisions 2, 3a, 9a; 398A.04, by adding a subdivision; Laws 2002, chapter 393, section 85; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended; proposing coding for new law in Minnesota Statutes, chapters 171; 174; repealing Minnesota Statutes 2012, sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300, subpart 2; 8835.0330, subpart 2.

The bill was read for the first time.

Erhardt moved that S. F. No. 1270 and H. F. No. 1416, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, April 25, 2013 and established a prefiling requirement for amendments offered to the following bills:

S. F. Nos. 1236, 442, 745, 422 and 1016; H. F. No. 1118; S. F. No. 663; H. F. No. 841; S. F. Nos. 769 and 840; and H. F. No. 790.

MOTIONS AND RESOLUTIONS

Norton moved that her name be stricken as an author on H. F. No. 1687. The motion prevailed.

ADJOURNMENT

Murphy, E., moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, April 24, 2013. The motion prevailed.

Murphy, E., moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Wednesday, April 24, 2013.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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