STATE OF MINNESOTA
EIGHTY-SEVENTH SESSION - 2011
_____________________
NINTH DAY
Saint Paul, Minnesota, Monday, January 31,
2011
����� The House of Representatives convened at
3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.
����� Prayer was offered by the Reverend Ralph
Olsen, Woodbury, 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
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
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
����� A quorum was present.
����� Laine, Moran, Morrow, Nornes, Persell and
Smith were excused.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
����� The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
January 20, 2011
The
Honorable Michelle Fischbach
President
of the Senate
The State
of Minnesota
The
Honorable Kurt Zellers
Speaker of
the House of Representatives
The State
of Minnesota
Dear
President Fischbach and Speaker Zellers:
����� I respectfully request the opportunity to
address a joint meeting of the 87th Session of the Minnesota State Legislature
on Wednesday, February 9, 2011, at 12:00 noon for the purpose of presenting my
State of the State message.
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Dayton
������������������������������������������������������������������������������������������������������������������������������� Governor
����� Dean moved that an invitation be extended
to the Governor to address a Joint Convention of the House of Representatives
and the Senate to be held in the House Chamber at 12:00 noon, Wednesday,
February 9, 2011; that the Chief Clerk be instructed to invite the Senate by
message to meet in Joint Convention to convene at 11:45 a.m.; that the Governor
be advised accordingly; and that the Speaker appoint a committee of five
members of the House of Representatives to act with a similar committee to be
appointed by the Senate to escort the Governor to the Joint Convention.� The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Peppin from
the Committee on Government Operations and Elections to which was referred:
H. F. No. 2,
A bill for an act relating to the state budget; creating priority-based budget
process; establishing a sunset process for state agencies; appropriating money;
amending Minnesota Statutes 2010, sections 3.885, by adding a subdivision;
3.97, by adding a subdivision; 3.971, by adding a subdivision; 16A.11,
subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
3.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
ZERO-BASED
BUDGETING
Section 1.� Minnesota Statutes 2010, section 16A.103, is
amended to read:
16A.103 FORECASTS OF REVENUE AND EXPENDITURES.�
Subdivision
1.� State
revenue and expenditures.� In
February and November each year, the commissioner shall prepare a forecast of
state revenue and expenditures.� The
November forecast must be delivered to the legislature and governor no later
than the end of the first week of December.�
The February forecast must be delivered to the legislature and governor
by the end of February.� Forecasts must
be delivered to the legislature and governor on the same day.� If requested by the Legislative Commission on
Planning and Fiscal Policy, delivery to the legislature must include a
presentation to the commission.� The
portion of each forecast dealing with state expenditures must forecast these
expenditures only for the remainder of the current biennium.
Subd. 1a.� Forecast
parameters.� The forecast must assume
the continuation of current laws and reasonable estimates of projected growth
in the national and state economies and affected populations.� Revenue must be estimated for all sources
provided for in current law.� Expenditures
for the remainder of the current biennium must be estimated for all
obligations imposed by law and those projected to occur as a result of
variables outside the control of the legislature.� Expenditure estimates must not include an
allowance for inflation.
Subd. 1b.� Forecast
variable.� In determining the amount
of state bonding as it affects debt service, the calculation of investment
income, and the other variables to be included in the expenditure part of the
forecast, the commissioner must consult with the chairs and lead minority
members of the senate State Government Finance Committee and the house of
representatives Ways and Means Committee, and legislative fiscal staff.� This consultation must occur at least three
weeks before the forecast is to be released.�
No later than two weeks prior to the release of the forecast, the
commissioner must inform the chairs and lead minority members of the senate
State Government Finance Committee and the house of representatives Ways and
Means Committee, and legislative fiscal staff of any changes in these variables
from the previous forecast.
Subd. 1c.� Expenditure
data.� State agencies must submit any
revisions in expenditure data for the remainder of the current biennium
the commissioner determines necessary for the forecast to the commissioner at
least four weeks prior to the release of the forecast.� The information submitted by state agencies
and any modifications to that information made by the commissioner must be made
available to legislative fiscal staff no later than three weeks prior to the
release of the forecast.
Subd. 1d.� Revenue
data.� On a monthly basis, the
commissioner must provide legislative fiscal staff with an update of the
previous month's state revenues no later than 12 days after the end of that
month.
Subd. 1e.� Economic
information.� The commissioner must
review economic information including economic forecasts with legislative
fiscal staff no later than two weeks before the forecast is released.� The commissioner must invite the chairs and
lead minority members of the senate Finance Committee and the house of
representatives Ways and Means Committee, and legislative fiscal staff to
attend any meetings held with outside economic advisors.� The commissioner must provide legislative
fiscal staff with monthly economic forecast information received from outside
sources.
Subd. 1f.� Personal
income.� In addition, the
commissioner shall forecast Minnesota personal income for each of the years
covered by the forecast and include these estimates in the forecast documents.
Subd. 1g.� Period
to be forecast.� A forecast prepared
during the first fiscal year of a biennium must cover that biennium and the
next biennium.� A forecast prepared
during the second fiscal year of a biennium must cover that biennium and the
next two bienniums.� However, each
forecast must cover expenditures only for the remainder of the current
biennium.
Subd. 2.� Local
revenue.� In February and November of
each year, the commissioner of revenue shall prepare and deliver to the
governor and the legislature forecasts of revenue to be received by school
districts as a group, counties as a group, and the group of cities and towns
that have a population of more than 2,500.�
The forecasts must assume the continuation of current laws, projections
of valuation changes in real property, and reasonable estimates of projected
growth in the national and state economies and affected populations.� Revenue must be estimated for property taxes,
state and federal aids, local sales taxes, if any, and a single projection for
all other revenue for each group of affected local governmental units.
Subd. 4.� Report
on expenditure increases.� By
January 10 of an odd-numbered year, the commissioner of management and budget
must report on those programs or components of programs for which expenditures
for the next biennium according to the forecast issued the previous November
are projected to increase more than 15 percent over the expenditures for that
program in the current biennium.� The
report must include an analysis of the factors that are causing the increases
in expenditures.
Sec. 2.� [16A.106]
ZERO-BASED BUDGETING.�
(a) The
proposed budget of each state agency and each entity in the legislative branch
and judicial branch must be prepared in a manner such that the base budget of
the agency or entity is assumed to be zero, and each proposed expenditure must
be justified as if it were a new expenditure.
(b) The
commissioner's budget preparation rules and instructions must contain
requirements, deadlines, and technical assistance to facilitate implementation
of this section.� The instructions may
establish parameters for the three alternative funding levels required in
clause (3).� The instructions must
require each executive agency to submit the following information to the
commissioner, and must also be contained in the detailed budget presented to
the legislature:
(1) a
description of each activity for which the agency or entity receives an
appropriation in the current biennium or for which the agency or entity
requests an appropriation in the next biennium;
(2) the
legal basis for each activity;
(3) for each
activity, three alternative funding levels, and a summary of the priorities
that would be accomplished within each level, and the additional increments of
value that would be added by the higher funding levels; and
(4) for each
activity, one or more measures of cost efficiency and effectiveness of program
delivery, which must include comparisons to other states or entities with
similar programs.
Sec. 3.� Minnesota Statutes 2010, section 16A.11,
subdivision 3, is amended to read:
Subd. 3.� Part two:� detailed budget.� (a) Part two of the budget, the detailed
budget estimates both of expenditures and revenues, must contain any statements
on the financial plan which the governor believes desirable or which may be
required by the legislature.� The detailed
estimates shall include the governor's budget arranged in tabular form.
(b) Tables
listing expenditures for the next biennium must show the appropriation base for
each year.� The appropriation base is the
amount appropriated for the second year of the current biennium.� The tables must separately show any
adjustments to the base required by current law or policies of the commissioner
of management
and budget.� For forecasted programs, the tables must also
show the amount of the forecast adjustments, based on the most recent forecast
prepared by the commissioner of management and budget under section 16A.103.� For all programs, the tables must show the
amount of appropriation changes recommended by the governor, after adjustments
to the base and forecast adjustments, and the total recommendation of the
governor for that year.
(c) (b) The
detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the
projected costs of those contracts for the current and upcoming biennium.� They must also include a summary of the
personnel employed by the agency, reflected as full-time equivalent positions.
(d) (c) The
detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund,
including dollar amounts by program; proposed investments in technology or
equipment of $100,000 or more; an explanation of any operating losses or
increases in retained earnings; and a history of the rates that have been
charged, with an explanation of any rate changes and the impact of the rate
changes on affected agencies.
Sec. 4.� IMPLEMENTATION.�
The
principles of zero-based budgeting required by Minnesota Statutes, section
16A.106, must be implemented for approximately one-half of the executive branch
agencies for the biennium beginning July 1, 2011, and for the remaining
agencies for the biennium beginning July 1, 2013.� The governor must designate which agencies
are in each category.� For agencies
subject to zero-based budgeting for the biennium beginning July 1, 2011,
agencies must submit supplemental budget materials, in compliance with
Minnesota statutes, section 16A.106, as soon as possible after enactment of
this act.�
Sec. 5.� REPEALER.�
Minnesota
Statutes 2010, section 16A.103, subdivisions 1b and 4, are repealed.
Sec. 6.� EFFECTIVE
DATE.�
Sections 1
to 5 are effective the day following final enactment.
ARTICLE 2
MINNESOTA
SUNSET ACT
Section 1.� [3D.01]
SHORT TITLE.�
This
chapter may be cited as the "Minnesota Sunset Act."
Sec. 2.� [3D.02]
DEFINITIONS.�
Subdivision
1.� Scope.� The
definitions in this section apply to this chapter.
Subd. 2.� Advisory
committee.� "Advisory
committee" means a committee, council, commission, or other entity created
under state law whose primary function is to advise a state agency.
Subd. 3.� Commission.� "Commission" means the
Sunset Advisory Commission.
Subd. 4.� State
agency.� "State
agency" means an agency expressly made subject to this chapter.�
Sec. 3.� [3D.03]
SUNSET ADVISORY COMMISSION.�
Subdivision
1.� Membership.� The
Sunset Advisory Commission consists of 12 members appointed as follows:
(1) five
senators and one public member, appointed according to the rules of the senate,
with no more than three senators from the majority caucus; and
(2) five
members of the house of representatives and one public member, appointed by the
speaker of the house, with no more than three of the house members from the
majority caucus.
Subd. 2.� Public
member restrictions.� An
individual is not eligible for appointment as a public member if the individual
or the individual's spouse is:
(1)
regulated by a state agency that the commission will review during the term for
which the individual would serve;
(2)
employed by, participates in the management of, or directly or indirectly has
more than a ten percent interest in a business entity or other organization
regulated by a state agency the commission will review during the term for
which the individual would serve; or
(3)
required to register as a lobbyist under chapter 10A because of the person's
activities for compensation on behalf of a profession or entity related to the
operation of an agency under review.
Subd. 3.� Removal.� (a) It is a ground for removal of a
public member from the commission if the member does not have the
qualifications required by subdivision 2 for appointment to the commission at
the time of appointment or does not maintain the qualifications while serving
on the commission.� The validity of the
commission's action is not affected by the fact that it was taken when a ground
for removal of a public member from the commission existed.
(b) Except
as provided in paragraph (a), a public member may be removed only as provided
in section 15.0575, subdivision 4.
Subd. 4.� Terms.� Legislative members serve at the
pleasure of the appointing authority.� Public
members serve two-year terms expiring the first Monday in January of each
odd-numbered year.
Subd. 5.� Limits.� Members are subject to the following
restrictions:
(1) after
an individual serves four years on the commission, the individual is not
eligible for appointment to another term or part of a term;
(2) a
legislative member who serves a full term may not be appointed to an
immediately succeeding term; and
(3) a
public member may not serve consecutive terms, and, for purposes of this
prohibition, a member is considered to have served a term only if the member
has served more than one-half of the term.
Subd. 6.� Appointments.� Appointments must be made before the
first Monday of January of each odd-numbered year.
Subd. 7.� Legislative
members.� If a legislative
member ceases to be a member of the legislative body from which the member was
appointed, the member vacates membership on the commission.
Subd. 8.� Vacancies.� If a vacancy occurs, the appointing
authority shall appoint a person to serve for the remainder of the unexpired
term in the same manner as the original appointment.
Subd. 9.� Officers.� The commission shall have a chair and
vice-chair as presiding officers.
Subd. 10.� Quorum;
voting.� Seven members of the
commission constitute a quorum.� A final
action or recommendation may not be made unless approved by a recorded vote of
at least seven members.� All other
actions by the commission shall be decided by a majority of the members present
and voting.
Subd. 11.� Compensation.� Each public member shall be reimbursed
for expenses as provided in section 15.0575.�
Compensation for legislators is as determined by the members'
legislative chamber.
Sec. 4.� [3D.04]
STAFF.�
The
Legislative Coordinating Commission shall provide staff and administrative
services for the commission.
Sec. 5.� [3D.05]
RULES.�
The
commission may adopt rules necessary to carry out this chapter.
Sec. 6.� [3D.06]
AGENCY REPORT TO COMMISSION.�
Before
September 1 of the odd-numbered year before the year in which a state agency is
sunset, the agency commissioner shall report to the commission:
(1)
information regarding the application to the agency of the criteria in section
3D.10;
(2) a
priority-based budget for the agency;
(3) an
inventory of all boards, commissions, committees, and other entities related to
the agency; and
(4) any
other information that the agency commissioner considers appropriate or that is
requested by the commission.
Sec. 7.� [3D.07]
COMMISSION DUTIES.�
Before
January 1 of the year in which a state agency subject to this chapter and its
advisory committees are sunset, the commission shall:
(1) review
and take action necessary to verify the reports submitted by the agency; and
(2) conduct
a review of the agency based on the criteria provided in section 3D.10 and
prepare a written report.
Sec. 8.� [3D.08]
PUBLIC HEARINGS.�
Before
February 1 of the year a state agency subject to this chapter and its advisory
committees are sunset, the commission shall conduct public hearings concerning
but not limited to the application to the agency of the criteria provided in
section 3D.10.
Sec. 9.� [3D.09]
COMMISSION REPORT.�
By February
1 of each even-numbered year, the commission shall present to the legislature
and the governor a report on the agencies and advisory committees reviewed.� In the report the commission shall include:
(1) its
findings regarding the criteria prescribed by section 3D.10;
(2) its
recommendations based on the matters prescribed by section 3D.11; and
(3) other
information the commission considers necessary for a complete review of the
agency.�
Sec. 10.� [3D.10]
CRITERIA FOR REVIEW.�
The
commission and its staff shall consider the following criteria in determining
whether a public need exists for the continuation of a state agency or its
advisory committees or for the performance of the functions of the agency or
its advisory committees:
(1) the
efficiency and effectiveness with which the agency or the advisory committee
operates;
(2) an
identification of the mission, goals, and objectives intended for the agency or
advisory committee and of the problem or need that the agency or advisory
committee was intended to address and the extent to which the mission, goals,
and objectives have been achieved and the problem or need has been addressed;
(3) an
identification of any activities of the agency in addition to those granted by
statute and of the authority for those activities and the extent to which those
activities are needed;
(4) an
assessment of authority of the agency relating to fees, inspections,
enforcement, and penalties;
(5) whether
less restrictive or alternative methods of performing any function that the
agency performs could adequately protect or provide service to the public;
(6) the
extent to which the jurisdiction of the agency and the programs administered by
the agency overlap or duplicate those of other agencies, the extent to which
the agency coordinates with those agencies, and the extent to which the
programs administered by the agency can be consolidated with the programs of
other state agencies;
(7) the
promptness and effectiveness with which the agency addresses complaints
concerning entities or other persons affected by the agency, including an
assessment of the agency's administrative hearings process;
(8) an
assessment of the agency's rulemaking process and the extent to which the
agency has encouraged participation by the public in making its rules and
decisions and the extent to which the public participation has resulted in
rules that benefit the public;
(9) the
extent to which the agency has complied with federal and state laws and
applicable rules regarding equality of employment opportunity and the rights
and privacy of individuals, and state law and applicable rules of any state
agency regarding purchasing guidelines and programs for historically
underutilized businesses;
(10) the
extent to which the agency issues and enforces rules relating to potential
conflicts of interest of its employees;
(11) the
extent to which the agency complies with chapter 13 and follows records
management practices that enable the agency to respond efficiently to requests
for public information; and
(12) the
effect of federal intervention or loss of federal funds if the agency is
abolished.�
Sec. 11.� [3D.11]
RECOMMENDATIONS.�
(a) In its
report on a state agency, the commission shall:�
(1) make
recommendations on the abolition, continuation, or reorganization of each
affected state agency and its advisory committees and on the need for the
performance of the functions of the agency and its advisory committees;
(2) make
recommendations on the consolidation, transfer, or reorganization of programs
within state agencies not under review when the programs duplicate functions
performed in agencies under review; and
(3) make
recommendations to improve the operations of the agency, its policy body, and
its advisory committees, including management recommendations that do not
require a change in the agency's enabling statute.�
(b) The
commission shall include the estimated fiscal impact of its recommendations and
may recommend appropriation levels for certain programs to improve the
operations of the state agency.�
(c) The
commission shall have drafts of legislation prepared to carry out the
commission's recommendations under this section, including legislation
necessary to continue the existence of agencies that would otherwise sunset if
the commission recommends continuation of an agency.
(d) After
the legislature acts on the report under section 3D.09, the commission shall
present to the legislative auditor the commission's recommendations that do not
require a statutory change to be put into effect.� Subject to the legislative audit commission's
approval, the legislative auditor may examine the recommendations and include
as part of the next audit of the agency a report on whether the agency has
implemented the recommendations and, if so, in what manner.
Sec. 12.� [3D.12]
MONITORING OF RECOMMENDATIONS.�
During each
legislative session, the staff of the commission shall monitor legislation
affecting agencies that have undergone sunset review and shall periodically
report to the members of the commission on proposed changes that would modify
prior recommendations of the commission.
Sec. 13.� [3D.13]
REVIEW OF ADVISORY COMMITTEES.�
An advisory
committee, the primary function of which is to advise a particular state
agency, is subject to sunset on the date set for sunset of the agency unless
the advisory committee is expressly continued by law.
Sec. 14.� [3D.14]
CONTINUATION BY LAW.�
During the
regular session immediately before the sunset of a state agency or an advisory
committee that is subject to this chapter, the legislature may enact
legislation to continue the agency or advisory committee for a period not to
exceed 12 years.� This chapter does not
prohibit the legislature from:
(1)
terminating a state agency or advisory committee subject to this chapter at a
date earlier than that provided in this chapter; or
(2) considering
any other legislation relative to a state agency or advisory committee subject
to this chapter.
Sec. 15.� [3D.15]
PROCEDURE AFTER TERMINATION.�
Subdivision
1.� Termination.� Unless
otherwise provided by law:�
(1) if after
sunset review a state agency is abolished, the agency may continue in existence
until June 30 of the following year to conclude its business;
(2)
abolishment does not reduce or otherwise limit the powers and authority of the
state agency during the concluding year;
(3) a state
agency is terminated and shall cease all activities at the expiration of the
one-year period; and
(4) all
rules that have been adopted by the state agency expire at the expiration of
the one-year period.
Subd. 2.� Funds
of abolished agency or advisory committee.�
(a) Any unobligated and unexpended appropriations of an abolished
agency or advisory committee lapse on June 30 of the year after abolishment.
(b) Except
as provided by subdivision 4 or as otherwise provided by law, all money in a
dedicated fund of an abolished state agency or advisory committee on June 30 of
the year after abolishment is transferred to the general fund.� The part of the law dedicating the money to a
specific fund of an abolished agency becomes void on June 30 of the year after
abolishment.
Subd. 3.� Property
and records of abolished agency or advisory committee.� Unless the governor designates an
appropriate state agency as prescribed by subdivision 4, property and records
in the custody of an abolished state agency or advisory committee on June 30 of
the year after abolishment must be transferred to the commissioner of
administration.� If the governor
designates an appropriate state agency, the property and records must be
transferred to the designated state agency.
Subd. 4.� Continuing
obligations.� (a) The
legislature recognizes the state's continuing obligation to pay bonded
indebtedness and all other obligations, including lease, contract, and other
written obligations, incurred by a state agency or advisory committee abolished
under this chapter, and this chapter does not impair or impede the payment of
bonded indebtedness and all other obligations, including lease, contract, and
other written obligations, in accordance with their terms.� If an abolished state agency or advisory
committee has outstanding bonded indebtedness or other outstanding obligations,
including lease, contract, and other written obligations, the bonds and all
other obligations, including lease, contract, and other written obligations, remain
valid and enforceable in accordance with their terms and subject to all
applicable terms and conditions of the laws and proceedings authorizing the
bonds and all other obligations, including lease, contract, and other written
obligations.
(b) The
governor shall designate an appropriate state agency that shall continue to
carry out all covenants contained in the bonds and in all other obligations,
including lease, contract, and other written obligations, and the proceedings
authorizing them, including the issuance of bonds, and the performance of all
other obligations, including lease, contract, and other written obligations, to
complete the construction of projects or the performance of other obligations,
including lease, contract, and other written obligations.
(c) The
designated state agency shall provide payment from the sources of payment of
the bonds in accordance with the terms of the bonds and shall provide payment
from the sources of payment of all other obligations, including lease,
contract, and other written obligations, in accordance with their terms,
whether from taxes, revenues, or otherwise, until the bonds and interest on the
bonds are paid in full and all other obligations, including lease, contract,
and other written obligations, are performed and paid in full.� If the proceedings so provide, all funds
established by laws or proceedings authorizing the bonds or authorizing other
obligations, including lease, contract, and other written obligations, must
remain with the comptroller or the previously designated trustees.� If the proceedings do not provide that the
funds remain with the comptroller or the previously designated trustees, the
funds must be transferred to the designated state agency.
Sec. 16.� [3D.16]
ASSISTANCE OF AND ACCESS TO STATE AGENCIES.�
The
commission may request the assistance of state agencies and officers.� When assistance is requested, a state agency
or officer shall assist the commission.� In
carrying out its functions under this chapter, the commission or its designated
staff member may inspect the records, documents, and files of any state agency.�
Sec. 17.� [3D.17]
RELOCATION OF EMPLOYEES.�
If an
employee is displaced because a state agency or its advisory committee is
abolished or reorganized, the state agency shall make a reasonable effort to
relocate the displaced employee.
Sec. 18.� [3D.18]
SAVING PROVISION.�
Except as
otherwise expressly provided, abolition of a state agency does not affect
rights and duties that matured, penalties that were incurred, civil or criminal
liabilities that arose, or proceedings that were begun before the effective
date of the abolition.
Sec. 19.� [3D.19]
REVIEW OF PROPOSED LEGISLATION CREATING AN AGENCY.�
Each bill
filed in a house of the legislature that would create a new state agency or a
new advisory committee to a state agency shall be reviewed by the commission.� The commission shall review the bill to
determine if:
(1) the
proposed functions of the agency or committee could be administered by one or
more existing state agencies or advisory committees;
(2) the
form of regulation, if any, proposed by the bill is the least restrictive form
of regulation that will adequately protect the public;
(3) the
bill provides for adequate public input regarding any regulatory function
proposed by the bill; and
(4) the
bill provides for adequate protection against conflicts of interest within the
agency or committee.
Sec. 20.� [3D.20]
GIFTS AND GRANTS.�
The commission
may accept gifts, grants, and donations from any organization described in
section 501(c)(3) of the Internal Revenue Code for the purpose of funding any
activity under this chapter.� All gifts,
grants, and donations must be accepted in an open meeting by a majority of the
voting members of the commission and reported in the public record of the
commission with the name of the donor and purpose of the gift, grant, or
donation.� Money received under this
section is appropriated to the commission.
Sec. 21.� [3D.21]
EXPIRATION.�
Subdivision
1.� Group 1.� The
following agencies are sunset and expire on June 30, 2012:� Department of Health, Department of Human
Rights, Department of Human Services, all health-related licensing boards
listed in section 214.01, Council on Affairs of Chicano/Latino People, Council
on Black Minnesotans, Council on Asian-Pacific Minnesotans, Indian Affairs
Council, Council on Disabilities, and all advisory groups associated with these
agencies.
Subd. 2.� Group
2.� The following agencies are
sunset and expire on June 30, 2014:� Department
of Education, Board of Teaching, Minnesota Office of Higher Education, and all
advisory groups associated with these agencies.
Subd. 3.� Group
3.� The following agencies are
sunset and expire on June 30, 2016:� Department
of Commerce, Department of Employment and Economic Development, Department of
Labor and Industry, all non-health-related licensing boards listed in section
214.01 except as otherwise provided in this section, Explore Minnesota Tourism,
Public Utilities Commission, Iron Range Resources and Rehabilitation Board,
Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
Commission, and all advisory groups associated with these agencies.
Subd. 4.� Group
4.� The following agencies are
sunset and expire on June 30, 2018:� Department
of Corrections, Department of Public Safety, Department of Transportation,
Peace Officer Standards and Training Board, Corrections Ombudsman, and all
advisory groups associated with these agencies.
Subd. 5.� Group
5.� The following agencies are
sunset and expire on June 30, 2020:� Department
of Agriculture, Department of Natural Resources, Pollution Control Agency,
Board of Animal Health, Board of Water and Soil Resources, and all advisory
groups associated with these agencies.
Subd. 6.� Group
6.� The following agencies are
sunset and expire on June 30, 2022:� Department
of Administration, Department of Management and Budget, Department of Military
Affairs, Department of Revenue, Department of Veterans Affairs, Arts Board,
Minnesota Zoo, Office of Administrative Hearings, Campaign Finance and Public
Disclosure Board, Capitol Area Architectural and Planning Board, Office of
Enterprise Technology, Minnesota Racing Commission, and all advisory groups
associated with these agencies.
Subd. 7.� Continuation.� Following sunset review of an agency,
the legislature may act within the same legislative session in which the sunset
report was received on Sunset Advisory Commission recommendations to continue
or reorganize the agency.
Subd. 8.� Other
groups.� The commission may
review, under the criteria in section 3D.10, and propose to the legislature an
expiration date for any agency, board, commission, or program not listed in
this section."
Delete the
title and insert:
"A
bill for an act relating to state government; requiring zero-based budgeting;
establishing a sunset advisory commission and sunset process for state
agencies; amending Minnesota Statutes 2010, sections 16A.103; 16A.11,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 16A;
proposing coding for new law as Minnesota Statutes, chapter 3D; repealing
Minnesota Statutes 2010, section 16A.103, subdivisions 1b, 4."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on State Government Finance.
����� The report was adopted.
Cornish from the Committee on Public Safety and Crime
Prevention Policy and Finance to which was referred:
H. F. No. 68, A bill for an act relating to
crimes; providing that careless driving resulting in death is a gross
misdemeanor; amending Minnesota Statutes 2010, section 169.13, by adding a
subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Judiciary Policy and Finance.
����� The report was adopted.
Erickson from the Committee on Education Reform to which was
referred:
H. F. No. 92, A bill for an act relating to
education; repealing the teacher contract deadline aid penalty; repealing Minnesota
Statutes 2010, section 123B.05.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Education Finance.
����� The report was adopted.
Peppin from the Committee on Government Operations and Elections
to which was referred:
H. F. No. 110, A bill for an act relating to
state government; increasing the membership of the Legislative Commission on
Pensions and Retirement; amending Minnesota Statutes 2010, section 3.85,
subdivision 3.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
����� The report was adopted.
Erickson from the Committee on Education Reform to which was
referred:
H. F. No. 115, A bill for an act relating to
education; repealing the January 15 deadline by which school districts must
reach a collective bargaining agreement or face a state aid penalty; repealing
Minnesota Statutes 2010, section 123B.05.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Education Finance.
����� The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to
which was referred:
H. F. No. 166, A bill for an act relating to
residential construction; providing for lead poisoning prevention; modifying
effective dates; amending Laws 2010, chapter 321, sections 1; 2; 3.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Peppin from the Committee on Government Operations and
Elections to which was referred:
H. F. No. 173, A bill for an act relating to
state government; creating the Sunset Commission; providing for sunset and
review of state agencies; proposing coding for new law as Minnesota Statutes,
chapter 3D.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� [3D.01] SHORT TITLE.�
This chapter may be cited as the Minnesota Sunset Act.
Sec. 2.� [3D.02] DEFINITIONS.�
Subdivision 1. �Scope.� The definitions in this section apply
to this chapter.
Subd. 2.�
Advisory committee.� "Advisory committee" means a
committee, council, commission, or other entity created under state law whose
primary function is to advise a state agency.
Subd. 3.�
Commission.� "Commission" means the
Sunset Commission.
Subd. 4.�
State agency.� "State agency" means an
agency expressly made subject to this chapter.�
Sec. 3.� [3D.03] SUNSET COMMISSION.�
Subdivision 1.�
Membership.� The Sunset Commission consists of four
members appointed by the governor, two members appointed by the speaker of the
house of representatives, two members appointed by the minority leader of the
house of representatives, and two members appointed by the senate majority
leader, and two members appointed by the senate minority leader.� Appointing authorities should consider
appointing members with experience in business operations, mergers, finance,
and technology.� A legislator may not be
a member of the commission.
Subd. 2.�
Member restrictions.� An individual is not eligible for
appointment if the individual or the individual's spouse is:
(1) regulated by a state agency that the commission will
review during the term for which the individual would serve;
(2) employed by, participates in the management of, or
directly or indirectly has more than a ten percent interest in a business
entity or other organization regulated by a state agency the commission will
review during the term for which the individual would serve; or
(3) required to register as a lobbyist under chapter 10A
because of the person's activities for compensation on behalf of a profession
or entity related to the operation of an agency under review.
Subd. 3.�
Removal.� Removal of members is governed by
section 15.0575.� It is cause for removal
of a member from the commission if the member does not have the qualifications
required by subdivision 2 for appointment to the commission at the time of
appointment or does not maintain the qualifications while serving on the
commission.� The validity of the
commission's action is not affected by the fact that it was taken when a ground
for removal of a public member from the commission existed.
Subd. 4.�
Terms.� Members serve two-year terms expiring
September 1 of each odd-numbered year.
Subd. 5.�
Limits.� Members are subject to the following
restrictions:
(1) after an individual serves four years on the commission,
the individual is not eligible for appointment to another term or part of a
term; and
(2) a member may not serve consecutive terms, and, for
purposes of this prohibition, a member is considered to have served a term only
if the member has served more than half of the term.
Subd. 6.�
Appointments.� The appointing authorities shall make
appointments before September 1 of each odd-numbered year.
Subd. 7.�
Vacancies.� If a vacancy occurs, the appointing
authorities shall appoint a person to serve for the remainder of the unexpired
term in the same manner as the original appointment.
Subd. 8.�
Officers.� The commission shall have a chair and
vice-chair as presiding officers.� The
chair and vice-chair must alternate every two years between a member appointed
by the governor and a member appointed by a legislative appointing authority.� The chair and vice-chair must be appointed by
different appointing authorities.�
Subd. 9.�
Quorum; voting.� Seven members of the commission
constitute a quorum.� A final action or
recommendation may not be made unless approved by a recorded vote of at least
seven members.� All other actions by the
commission shall be decided by a majority of the members present and voting.
Subd. 10.�
Compensation.� Each member of the commission is
entitled to reimbursement for actual and necessary expenses incurred in
performing commission duties as provided in section 15.0575, subdivision 3.� Each member is entitled to reimbursement from
funds appropriated to the commission.
Sec. 4.� [3D.04] STAFF.�
(a) The commission may employ an executive director to act as
the executive head of the commission.� The
executive director may employ persons necessary to carry out this chapter.� The commission must attempt to use donated
staff services to the greatest extent practical before employing staff.
(b) The commission is in the legislative branch.� Upon request of the commission, the
Legislative Coordinating Commission shall provide administrative support.
Sec. 5.� [3D.05] RULES.�
The commission may adopt rules necessary to carry out this
chapter.
Sec. 6.� [3D.06] AGENCY REPORT TO COMMISSION.�
Before September 1 of the odd-numbered year before the year
in which a state agency is subject to sunset review, the agency commissioner
shall report to the commission:
(1) information regarding the application to the agency of
the criteria in section 3D.10;
(2) a priority-based budget for the agency;
(3) an inventory of all boards, commissions, committees, and
other entities related to the agency; and
(4) any other information that the agency commissioner
considers appropriate or that is requested by the commission.
Sec. 7.� [3D.07] COMMISSION DUTIES.�
Before January 1 of the year in which a state agency subject
to this chapter and its advisory committees are subject to sunset review, the
commission shall:
(1) review and take action necessary to verify the reports
submitted by the agency;
(2) conduct a review of the agency based on the criteria
provided in section 3D.10 and prepare a written report; and
(3) review the implementation of commission recommendations
contained in the reports presented to the legislature during the preceding
legislative session and the resulting legislation.
Sec. 8.� [3D.08] PUBLIC HEARINGS.�
Before February 1 of the year a state agency subject to this
chapter and its advisory committees are subject to sunset review, the
commission shall conduct public hearings concerning but not limited to the
application to the agency of the criteria provided in section 3D.10.
Sec. 9.� [3D.09] COMMISSION REPORT.�
By February 1 of each odd-numbered year, the commission shall
present to the legislature and the governor a report on the agencies and
advisory committees reviewed.� In the
report the commission shall include:
(1) its findings regarding the criteria prescribed by section
3D.10;
(2) its recommendations based on the matters prescribed by
section 3D.11; and
(3) other information the commission considers necessary for
a complete review of the agency.�
Sec. 10.� [3D.10] CRITERIA FOR REVIEW.�
The commission and its staff shall consider the following
criteria in determining whether a public need exists for the continuation of a
state agency or its advisory committees or for the performance of the functions
of the agency or its advisory committees:
(1) the efficiency and effectiveness with which the agency or
the advisory committee operates;
(2) an identification of the mission, goals, and objectives
intended for the agency or advisory committee and of the problem or need that
the agency or advisory committee was intended to address and the extent to
which the mission, goals, and objectives have been achieved and the problem or
need has been addressed;
(3) an identification of any activities of the agency in
addition to those granted by statute and of the authority for those activities
and the extent to which those activities are needed;
(4) an assessment of authority of the agency relating to
fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of
performing any function that the agency performs could adequately protect or
provide service to the public;
(6) the extent to which the jurisdiction of the agency and
the programs administered by the agency overlap or duplicate those of other
agencies, the extent to which the agency coordinates with those agencies, and
the extent to which the programs administered by the agency can be consolidated
with the programs of other state agencies;
(7) the promptness and effectiveness with which the agency
addresses complaints concerning entities or other persons affected by the
agency, including an assessment of the agency's administrative hearings
process;
(8) an assessment of the agency's rulemaking process and the
extent to which the agency has encouraged participation by the public in making
its rules and decisions as well as the extent to which the public participation
has resulted in rules that benefit the public;
(9) the extent to which the agency has complied with federal
and state laws and applicable rules regarding equality of employment
opportunity and the rights and privacy of individuals;
(10) the extent to which the agency has complied with state
law and applicable rules of any state agency regarding purchasing guidelines
and programs for historically underutilized businesses;
(11) the extent to which the agency issues and enforces rules
relating to potential conflicts of interest of its employees;
(12) the extent to which the agency complies with chapter 13
and follows records management practices that enable the agency to respond
efficiently to requests for public information; and
(13) the effect of federal intervention or loss of federal
funds if the agency is abolished.�
Sec. 11.� [3D.11] RECOMMENDATIONS.�
(a) In its report on a state agency required by section
3D.09, the commission shall:�
(1) make recommendations on the abolition, continuation, or
reorganization of each affected state agency and its advisory committees and on
the need for the performance of the functions of the agency and its advisory
committees;
(2) make recommendations on the consolidation, transfer, or
reorganization of programs within state agencies not under review when the
programs duplicate functions performed in agencies under review; and
(3) make recommendations to improve the operations of the
agency, its policy body, and its advisory committees, including management
recommendations that do not require a change in the agency's enabling statute.�
(b) The commission shall include the estimated fiscal impact
of its recommendations and may recommend appropriation levels for certain
programs to improve the operations of the state agency.�
(c) The commission must work with the revisor of statutes and
other legislative staff to prepare and submit draft legislation to the
appropriate chairs and lead minority members of legislative committees to carry
out the commission's recommendations.
Sec. 12.� [3D.12] MONITORING OF RECOMMENDATIONS.�
During each legislative session, the staff of the commission
shall monitor legislation affecting agencies that have undergone sunset review
and shall periodically report to the members of the commission on proposed
changes which would modify prior recommendations of the commission.
Sec. 13.� [3D.13] REVIEW OF ADVISORY COMMITTEES.�
An advisory committee, the primary function of which is to
advise a particular state agency, is subject to sunset review on the date set
for sunset review of the agency unless the advisory committee is expressly
continued by law.
Sec. 14.� [3D.14] CONTINUATION BY LAW.�
During the regular session immediately before the sunset
review of a state agency or an advisory committee that is subject to this
chapter, the legislature may enact legislation to continue the agency or advisory
committee for a period not to exceed 12 years.�
This chapter does not prohibit the legislature from:
(1) terminating a state agency or advisory committee subject
to this chapter at a date earlier than that provided in this chapter; or
(2) considering any other legislation relative to a state
agency or advisory committee subject to this chapter.
Sec. 15.� [3D.15] PROCEDURE AFTER TERMINATION.�
Subdivision 1.�
Termination.� Unless otherwise provided by law:�
(1) if after sunset review a state agency is abolished, the
agency may continue in existence until June 30 of the following year to
conclude its business;
(2) abolishment does not reduce or otherwise limit the powers
and authority of the state agency during the concluding year;
(3) a state agency is terminated and shall cease all
activities at the expiration of the one-year period; and
(4) all rules that have been adopted by the state agency
expire at the expiration of the one-year period.
Subd. 2.�
Funds of abolished agency or
advisory committee.� (a) Any
unobligated and unexpended appropriations of an abolished agency or advisory
committee lapse on June 30 of the even-numbered year after abolishment.
(b) Except as provided in subdivision 4 or as otherwise
provided by law, all money in a dedicated fund of an abolished state agency or
advisory committee on June 30 of the even-numbered year after abolishment is
transferred to the general fund.� The
part of the law dedicating the money to a specific fund of an abolished agency
becomes void on June 30 of the even-numbered year after abolishment.
Subd. 3.�
Property and records of
abolished agency or advisory committee.�
Unless the governor designates an appropriate state agency as
prescribed by subdivision 4, property and records in the custody of an
abolished state agency or advisory committee on June 30 of the even-numbered
year after abolishment must be transferred to the commissioner of
administration.� If the governor
designates an appropriate state agency, the property and records must be
transferred to the designated state agency.
Subd. 4.�
Continuing obligations.� (a) The legislature recognizes the
state's continuing obligation to pay bonded indebtedness and all other
obligations, including lease, contract, and other written obligations, incurred
by a state agency or advisory committee abolished under this chapter, and this
chapter does not impair or impede the payment of bonded indebtedness and all
other obligations, including lease, contract, and other written obligations, in
accordance with their terms.� If an
abolished state agency or advisory committee has outstanding bonded
indebtedness or other outstanding obligations, including lease, contract, and
other written obligations, the bonds and
all other obligations, including lease, contract, and other
written obligations, remain valid and enforceable in accordance with their
terms and subject to all applicable terms and conditions of the laws and
proceedings authorizing the bonds and all other obligations, including lease,
contract, and other written obligations.
(b) The governor shall designate an appropriate state agency
that shall continue to carry out all covenants contained in the bonds and in
all other obligations, including lease, contract, and other written
obligations, and the proceedings authorizing them, including the issuance of
bonds, and the performance of all other obligations, including lease, contract,
and other written obligations, to complete the construction of projects or the
performance of other obligations, including lease, contract, and other written
obligations.
(c) The designated state agency shall provide payment from
the sources of payment of the bonds in accordance with the terms of the bonds
and shall provide payment from the sources of payment of all other obligations,
including lease, contract, and other written obligations, in accordance with
their terms, whether from taxes, revenues, or otherwise, until the bonds and
interest on the bonds are paid in full and all other obligations, including lease,
contract, and other written obligations, are performed and paid in full.� If the proceedings so provide, all funds
established by laws or proceedings authorizing the bonds or authorizing other
obligations, including lease, contract, and other written obligations, must
remain with the comptroller or the previously designated trustees.� If the proceedings do not provide that the
funds remain with the comptroller or the previously designated trustees, the
funds must be transferred to the designated state agency.
Sec. 16.� [3D.16] ASSISTANCE OF AND ACCESS TO
STATE AGENCIES.�
The commission may request the assistance of state agencies
and officers.� When assistance is
requested, a state agency or officer shall assist the commission.� In carrying out its functions under this
chapter, the commission or its designated staff member may inspect the records,
documents, and files of any state agency.�
Sec. 17.� [3D.17] RELOCATION OF EMPLOYEES.�
If an employee is displaced because a state agency or its
advisory committee is abolished or reorganized, the state agency shall make a
reasonable effort to relocate the displaced employee.
Sec. 18.� [3D.18] SAVING PROVISION.�
Except as otherwise expressly provided, abolition of a state
agency does not affect rights and duties that matured, penalties that were
incurred, civil or criminal liabilities that arose, or proceedings that were
begun before the effective date of the abolition.
Sec. 19.� [3D.19] REVIEW OF PROPOSED LEGISLATION
CREATING AN AGENCY.�
Each bill filed in a house of the legislature that would
create a new state agency or a new advisory committee to a state agency shall
be reviewed by the commission.� The
commission shall review the bill to determine if:
(1) the proposed functions of the agency or committee could
be administered by one or more existing state agencies or advisory committees;
(2) the form of regulation, if any, proposed by the bill is
the least restrictive form of regulation that will adequately protect the
public;
(3) the bill provides for adequate public input regarding any
regulatory function proposed by the bill; and
(4) the bill provides for adequate protection against
conflicts of interest within the agency or committee.
Sec. 20.� [3D.20] EXPIRATION AND SUNSET REVIEW.�
Subdivision 1.�
Group 1.� The following agencies expire on June
30, 2013, and are subject to sunset review before June 30, 2013:� Department of Health, Department of Human
Rights, Department of Human Services, all health-related licensing boards
listed in section 214.01, Council on Affairs of Chicano/Latino People, Council
on Black Minnesotans, Council on Asian-Pacific Minnesotans, Indian Affairs
Council, Council on Disabilities, and all advisory groups associated with these
agencies.
Subd. 2.�
Group 2.� The following agencies expire on June
30, 2015, and are subject to sunset review before June 30, 2015:� Department of Education, Board of Teaching,
Minnesota Office of Higher Education, and all advisory groups associated with
these agencies.
Subd. 3.�
Group 3.� The following agencies expire on June
30, 2017, and are subject to sunset review before June 30, 2017:� Department of Commerce, Department of
Employment and Economic Development, Department of Labor and Industry, all
non-health-related licensing boards listed in section 214.01 except as
otherwise provided in this section, Explore Minnesota Tourism, Public Utilities
Commission, Iron Range Resources and Rehabilitation Board, Bureau of Mediation
Services, Combative Sports Commission, Amateur Sports Commission, and all
advisory groups associated with these agencies.
Subd. 4.�
Group 4.� The following agencies expire on June
30, 2019, and are subject to sunset review before June 30, 2019:� Department of Corrections, Department of
Public Safety, Department of Transportation, Peace Officer Standards and
Training Board, Corrections Ombudsman, and all advisory groups associated with
these agencies.
Subd. 5.�
Group 5.� The following agencies expire on June
30, 2021, and are subject to sunset review before June 30, 2021:� Department of Agriculture, Department of
Natural Resources, Pollution Control Agency, Board of Animal Health, Board of
Water and Soil Resources, and all advisory groups associated with these
agencies.
Subd. 6.�
Group 6.� The following agencies expire on June
30, 2023, and are subject to sunset review before June 30, 2023:� Department of Administration, Department of
Management and Budget, Department of Military Affairs, Department of Revenue,
Department of Veterans Affairs, Arts Board, Minnesota Zoo, Office of
Administrative Hearings, Campaign Finance and Public Disclosure Board, Capitol
Area Architectural and Planning Board, Office of Enterprise Technology,
Minnesota Racing Commission, and all advisory groups associated with these
agencies.
Subd. 7.�
Other groups.� The commission may review, under the
criteria in section 3D.10, and propose to the legislature an expiration date
for any agency, board, commission, or program not listed in this section.
Sec. 21.� APPROPRIATION.�
$100,000 for the fiscal year ending June 30, 2012, and
$100,000 for the fiscal year ending June 30, 2013, is appropriated from the
general fund to the Legislative Coordinating Commission for purposes of the
Sunset Commission."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert
"appropriating money;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
����� The report was adopted.
SECOND READING OF HOUSE BILLS
����� H. F. No. 166 was read for
the second time.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Benson, J., introduced:
����� H. F. No. 261, A bill for an act relating
to natural resources; requiring rulemaking to allow mechanical control of
narrow-leaved cattail without an aquatic plant management permit.
����� The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
����� Mack, Hayden, Gruenhagen, Quam, Davids,
Gottwalt, Abeler, Huntley, Eken, Kiffmeyer, Dean, Zellers, Ward, Persell,
McElfatrick, Lohmer, Barrett and McDonald introduced:
����� H. F. No. 262, A bill for an act relating
to human services; adding community paramedics to the list of community health
workers; amending Minnesota Statutes 2010, section 256B.0625, subdivision 49.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
����� Beard and Dill introduced:
����� H. F. No. 263, A bill for an act relating
to environment; requiring Pollution Control Agency to refund erroneous
assessments, costs, and payments in the matter of the Baytown groundwater contamination
Superfund site.
����� The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
����� Urdahl; Hamilton; Gruenhagen; McElfatrick;
Gunther; Westrom; Murdock; Anderson, B.; Franson; Kiel; Swedzinski; Anderson,
P.; Schomacker; Vogel; Koenen; Eken; Gottwalt; Lohmer; LeMieur; Scott; Dettmer
and Shimanski introduced:
����� H. F. No. 264, A bill for an act relating
to civil actions; prohibiting actions against certain persons for weight gain as
a result of consuming certain foods; proposing coding for new law in Minnesota
Statutes, chapter 604.
����� The bill was read for the first time and
referred to the Committee on Civil Law.
����� Benson, M.; Liebling; Quam; Norton and
Davids introduced:
����� H. F. No. 265, A bill for an act relating
to capital improvements; modifying a previous appropriation related to the
Southeastern Minnesota Regional Public Safety Training Center; amending Laws
2008, chapter 179, section 15, subdivision 8.
����� The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
����� Morrow and Beard introduced:
����� H. F. No. 266, A bill for an act relating
to transportation; appropriating money for rail service improvement program;
authorizing sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
����� Morrow introduced:
����� H. F. No. 267, A bill for an act relating
to transportation; appropriating money for local road improvement program;
authorizing sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
����� Morrow, Falk and Kath introduced:
����� H. F. No. 268, A bill for an act relating
to transportation; appropriating money for local bridge replacement and
rehabilitation; authorizing sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
����� Downey, Loon, Kelly, Mazorol and Scott
introduced:
����� H. F. No. 269, A bill for an act relating
to education; providing for a qualified economic offer in teacher contracts;
amending Minnesota Statutes 2010, sections 122A.40, by adding a subdivision;
122A.41, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Education Reform.
����� Erickson and McElfatrick introduced:
����� H. F. No. 270, A bill for an act relating
to game and fish; requiring certain meetings between Department of Natural
Resources, Ojibwe bands, and Great Lakes Indian Fish and Wildlife Commission to
be subject to open meeting law; proposing coding for new law in Minnesota
Statutes, chapter 97A.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Liebling; Gauthier; Lesch; Tillberry;
Hosch; Fritz; Murphy, E.; Lenczewski; Knuth and Simon introduced:
����� H. F. No. 271, A bill for an act relating
to taxes; creating a Tax Expenditure Advisory Commission; providing for review
and sunset of tax expenditures; proposing coding for new law as Minnesota
Statutes, chapter 290D.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Nornes introduced:
����� H. F. No. 272, A bill for an act relating
to human services; providing a nursing facility operating payment rate increase
for certain facilities in Otter Tail County; amending Minnesota Statutes 2010,
section 256B.434, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Finance.
����� Woodard; Buesgens; Downey; Drazkowski;
Scott; Swedzinski; Anderson, P.; Kieffer; Erickson; Kiffmeyer and Mazorol
introduced:
����� H. F. No. 273, A bill for an act relating
to education; establishing enrollment options for students at low-performing
schools; proposing coding for new law in Minnesota Statutes, chapter 124D.
����� The bill was read for the first time and
referred to the Committee on Education Reform.
����� Davids introduced:
����� H. F. No. 274, A bill for an act relating
to estate taxation; providing an exclusion for certain farm and business
properties; amending Minnesota Statutes 2010, section 291.03, subdivision 1, by
adding subdivisions.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Davids introduced:
����� H. F. No. 275, A bill for an act relating
to estate taxation; conforming to the changes in the federal exemption;
amending Minnesota Statutes 2010, sections 291.005, subdivision 1; 291.03,
subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� LeMieur and Ward introduced:
����� H. F. No. 276, A bill for an act relating
to capital investment; appropriating money for acquisition and development of
the Camp Ripley/Veterans State Trail; authorizing the sale and issuance of
state bonds.
����� The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
����� Hansen and Kriesel introduced:
����� H. F. No. 277, A bill for an act relating
to capital investment; appropriating money for a grant to the city of South St.
Paul to replace the floodwall pumping station; authorizing the sale and
issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Development Finance.
����� Hayden and Clark introduced:
����� H. F. No. 278, A bill for an act relating
to health; creating medical homes for children with autism spectrum disorders.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
����� Hayden and Clark introduced:
����� H. F. No. 279, A bill for an act relating
to families; creating a Council on East African Minnesotans; providing for
appointment of members; creating an ombudsperson for East African Minnesotans;
appropriating money; amending Minnesota Statutes 2010, sections 257.0755,
subdivision 1; 257.076, subdivision 3; 257.0768, subdivision 1; 257.0769,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
����� Hayden introduced:
����� H. F. No. 280, A bill for an act relating
to state government; modifying provisions governing eligibility for a
postretirement option; amending Minnesota Statutes 2010, section 43A.346,
subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Carlson and Peterson, S., introduced:
����� H. F. No. 281, A bill for an act relating
to elections; increasing the time provided for canvassing state primary
election returns; amending Minnesota Statutes 2010, section 204C.32.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� McFarlane, Erickson, Doepke, Murdock and
Kiel introduced:
����� H. F. No. 282, A bill for an act relating
to education; clarifying requirements for changing benefits in a group
insurance contract for employees covered by a collective bargaining agreement;
amending Minnesota Statutes 2010, section 471.6161, subdivision 5.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Fritz introduced:
����� H. F. No. 283, A bill for an act relating
to capital investment; appropriating money for asset preservation at the
Minnesota State Academies; authorizing the sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Education Finance.
����� Fritz introduced:
����� H. F. No. 284, A bill for an act relating
to capital investment; appropriating money for classroom renovation and
addition at South Central College in Faribault; authorizing the sale and
issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Higher Education Policy and Finance.
����� Fritz introduced:
����� H. F. No. 285, A bill for an act relating
to capital investment; appropriating money for grave markers and memorials for
deceased residents of state hospitals and regional treatment centers;
authorizing the sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Finance.
����� LeMieur, Hamilton, Swedzinski and
Shimanski introduced:
����� H. F. No. 286, A bill for an act relating
to natural resources; authorizing registration and operation of mini trucks as
all-terrain vehicles; amending Minnesota Statutes 2010, sections 84.92,
subdivisions 8, 10; 84.922, subdivision 1a; 169.011, subdivision 40a; 169.045, by
adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
����� Hamilton and Schomacker introduced:
����� H. F. No. 287, A bill for an act relating
to state government; Mitochondrial Disease Awareness Week; proposing coding for
new law in Minnesota Statutes, chapter 10.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Downey, Winkler, Stensrud, Mazorol and
Loon introduced:
����� H. F. No. 288, A bill for an act relating
to taxation; insurance; providing a credit for investment in start-up and
emerging Minnesota businesses; appropriating money; proposing coding for new
law in Minnesota Statutes, chapters 116J; 297I.
����� The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
����� Lenczewski introduced:
����� H. F. No. 289, A bill for an act relating
to taxation; eliminating property tax exemptions for certain airport property;
eliminating the preferences for foreign source income; repealing the
subtraction for foreign royalties; taxing certain development subsidies;
expanding the definition of domestic corporations to include certain foreign
corporations incorporated or doing business in tax havens; modifying JOBZ and
biotechnology and health science industry zones; repealing international
economic development zones; reducing the corporate franchise tax rates;
repealing the research credit; repealing foreign operating corporations;
repealing the special apportionment formula
for certain
mail order businesses; amending Minnesota Statutes 2010, sections 275.025,
subdivisions 1, 2; 289A.08, subdivision 3; 290.01, subdivisions 5, 19c, 19d,
29, by adding subdivisions; 290.06, subdivision 1; 290.0921, subdivision 1;
290.17, subdivision 4; 290.191, subdivisions 2, 3; repealing Minnesota Statutes
2010, sections 290.01, subdivision 6b; 290.06, subdivisions 24, 28, 29, 30, 31,
32; 290.068, subdivisions 1, 2, 3, 4, 5, 6a, 7; 290.0921, subdivision 7;
290.191, subdivision 4; 469.317; 469.318; 469.321; 469.322; 469.323; 469.324;
469.325; 469.326; 469.327; 469.328; 469.329; 469.337; 469.338; 469.339.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Lenczewski introduced:
����� H. F. No. 290, A bill for an act relating
to taxation; conforming the individual income, corporate franchise, and
property tax refund to certain provisions of federal law; reducing the
corporate franchise tax rate; eliminating the preferences for foreign source income;
repealing the subtraction for foreign royalties; repealing foreign operating
corporations; amending Minnesota Statutes 2010, sections 289A.02, subdivision
7; 289A.08, subdivision 3; 290.01, subdivisions 19, 19a, 19c, 19d, 31; 290.06,
subdivision 1; 290.0921, subdivision 1; 290.17, subdivision 4; 290A.03,
subdivision 15; repealing Minnesota Statutes 2010, sections 290.01, subdivision
6b; 290.0921, subdivision 7.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� McFarlane, Slawik and Lillie introduced:
����� H. F. No. 291, A bill for an act relating
to capital improvements; appropriating money for a grant to the city of
Maplewood to design, renovate, and equip Harriet Tubman Center East as a
regional service center and learning institute; authorizing the sale and
issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Finance.
����� Anderson, D.; Wardlow; Drazkowski;
Mahoney; Gruenhagen; Franson; Shimanski and Holberg introduced:
����� H. F. No. 292, A bill for an act relating
to families; requiring parenting plans; amending Minnesota Statutes 2010,
section 518.1705, subdivisions 3, 4.
����� The bill was read for the first time and
referred to the Committee on Civil Law.
����� Urdahl introduced:
����� H. F. No. 293, A bill for an act relating
to capital investment; authorizing the sale and issuance of state bonds;
appropriating money for the Annandale Tactical Training Center.
����� The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
����� Kahn and Benson, J., introduced:
����� H. F. No. 294, A bill for an act relating
to gambling; authorizing director of the State Lottery to operate slot machines
at the Minneapolis-St. Paul International Airport; proposing coding for new law
in Minnesota Statutes, chapter 349A.
����� The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
����� Kahn, Clark, Hornstein, Davnie and Hayden
introduced:
����� H. F. No. 295, A bill for an act relating
to capital improvements; appropriating money for renovation and expansion of
the Brian Coyle Center; authorizing the sale and issuance of state bonds.
����� The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
����� Kahn; Greiling; Benson, J., and Pelowski
introduced:
����� H. F. No. 296, A bill for an act relating
to state government; proposing an amendment to the Minnesota Constitution,
article V, sections 1, 2, 5; abolishing the office of lieutenant governor.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Kahn, Downey, Winkler, Lanning, Peppin and
Murphy, M., introduced:
����� H. F. No. 297, A bill for an act relating
to state government; consolidating state agency information technology systems
and services; transferring duties to the Office of Enterprise Technology;
amending Minnesota Statutes 2010, section 16B.99; proposing coding for new law
in Minnesota Statutes, chapter 16E.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Kahn introduced:
����� H. F. No. 298, A bill for an act relating
to state government; streamlining state government; abolishing the Department
of Employment and Economic Development and the Department of Labor and
Industry; downsizing the Department of Commerce; establishing a task force;
requiring establishment of an employee participation committee before agency
restructuring; requiring reports.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Development Finance.
����� Quam; Peppin; Downey; Nornes; Lanning;
Davids; Benson, M.; McDonald; Shimanski; Banaian; LeMieur; Vogel; Kiel;
Leidiger; Gruenhagen; Winkler; Simon; Franson; Scott; Dean; Gunther; Abeler and
Hancock introduced:
����� H. F. No. 299, A bill for an act relating
to state government; establishing a retained savings program for executive
branch agencies; proposing coding for new law in Minnesota Statutes, chapter
15.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Erickson introduced:
����� H. F. No. 300, A bill for an act relating
to education; recommending comprehensive eye exams; amending Minnesota Statutes
2010, section 121A.17, subdivisions 1, 3.
����� The bill was read for the first time and
referred to the Committee on Education Reform.
����� Fabian and Schomacker introduced:
����� H. F. No. 301, A bill for an act relating
to education finance; expanding the uses of operating capital revenue to include
leasing vehicles, including school buses; amending Minnesota Statutes 2010,
section 126C.10, subdivision 14.
����� The bill was read for the first time and
referred to the Committee on Education Finance.
����� Kiffmeyer; Stensrud; Doepke; McFarlane;
Barrett; Hancock; Lanning; Gruenhagen; Anderson, S.; Nornes; Fabian; Crawford
and Anderson, D., introduced:
����� H. F. No. 302, A bill for an act relating
to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of identification cards at no
charge; establishing a procedure for provisional balloting; specifying other
election administration procedures; requiring use of electronic polling place
rosters; enacting procedures related to recounts; appropriating money; amending
Minnesota Statutes 2010, sections 135A.17, subdivision 2; 200.02, by adding a
subdivision; 201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 7; 201.071,
subdivision 3; 201.081; 201.091, subdivision 4; 201.121, subdivisions 1, 3;
201.171; 201.221, subdivision 3; 203B.06, subdivision 5; 203B.121, subdivision
1; 204B.14, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4;
204C.14; 204C.15, subdivision 1; 204C.20, subdivisions 1, 2, 4, by adding a
subdivision; 204C.23; 204C.24, subdivision 1; 204C.38; 204D.24, subdivision 2;
206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1;
211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes,
chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 204B.36,
subdivision 5; 204C.34; 204C.35; 204C.36; 204C.361; Minnesota Rules, parts 8235.0200;
8235.0300; 8235.0400; 8235.0600; 8235.0700; 8235.0800; 8235.1100; 8235.1200.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Peppin, Kahn, Banaian, Vogel, Mazorol and
Lohmer introduced:
����� H. F. No. 303, A bill for an act relating
to the legislature; requiring that certain services be provided through a joint
legislative office; amending Minnesota Statutes 2010, sections 3.06,
subdivision 1; 3.303, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
����� Peppin; Benson, M.; Vogel; Smith;
Erickson; Kiffmeyer and Lohmer introduced:
����� H. F. No. 304, A bill for an act relating
to state government; requiring the Department of Human Services to issue a
request for proposals for a Medicaid fraud detection and business intelligence
contract.
����� The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
����� Persell introduced:
����� H. F. No. 305, A bill for an act relating
to financial institutions; authorizing a detached facility in Northern Township
under certain conditions.
����� The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
����� Westrom, Nornes, Franson, Pelowski,
Marquart, Murdock and Fabian introduced:
����� H. F. No. 306, A bill for an act relating
to public safety; establishing Emily's law; lowering the age of adult
certification and extended jurisdiction juvenile prosecution for juveniles;
defining a violent juvenile offense; amending Minnesota Statutes 2010, sections
260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 609.055.
����� The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
����� Clark and Howes introduced:
����� H. F. No. 307, A bill for an act relating
to capital investment; appropriating money for renovation of the Phillips Community
Center swimming pool in Minneapolis; authorizing the sale and issuance of state
bonds.
����� The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
����� Garofalo introduced:
����� H. F. No. 308, A bill for an act relating
to taconite; restoring the general education aid reduction for certain taconite
distributions; amending Minnesota Statutes 2010, section 298.28, subdivisions
2, 4; repealing Laws 2009, chapter 88, article 12, section 23, paragraph (c).
����� The bill was read for the first time and
referred to the Committee on Education Finance.
����� Anderson, S.; Zellers and Peterson, S.,
introduced:
����� H. F. No. 309, A bill for an act relating
to highways; appropriating money for adding a lane to a portion of Interstate
Highway 494; authorizing sale of trunk highway bonds.
����� The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
MOTIONS AND RESOLUTIONS
����� Mariani
moved that the name of Brynaert be added as an author on
H. F. No. 3.� The motion
prevailed.
����� Koenen
moved that the name of Falk be added as an author on
H. F. No. 15.� The motion
prevailed.
����� Hancock
moved that his name be stricken as an author on
H. F. No. 64.� The motion
prevailed.
����� Lanning
moved that the name of Murdock be added as an author on
H. F. No. 77.� The motion
prevailed.
����� Liebling
moved that the name of Quam be added as an author on
H. F. No. 93.� The motion
prevailed.
����� Anzelc
moved that the name of Falk be added as an author on
H. F. No. 99.� The motion
prevailed.
����� Murray
moved that the name of Gruenhagen be added as an author on
H. F. No. 103.� The motion
prevailed.
����� Davids
moved that the names of McFarlane, Atkins, Anzelc and Abeler be added as
authors on H. F. No. 122.�
The motion prevailed.
����� McNamara
moved that the name of Drazkowski be added as an author on
H. F. No. 127.� The motion
prevailed.
����� Woodard
moved that the name of Mariani be added as an author on
H. F. No. 134.� The motion
prevailed.
����� Cornish
moved that the name of Gauthier be added as an author on
H. F. No. 141.� The motion
prevailed.
����� Buesgens
moved that the name of Drazkowski be added as an author on
H. F. No. 147.� The motion
prevailed.
����� Benson, J.,
moved that the name of Paymar be added as an author on
H. F. No. 172.� The motion
prevailed.
����� Downey
moved that the name of Drazkowski be added as an author on
H. F. No. 178.� The motion
prevailed.
����� Gottwalt
moved that the name of Greiling be added as an author on
H. F. No. 200.� The motion
prevailed.
����� Greene
moved that her name be stricken as an author on
H. F. No. 203.� The motion
prevailed.
����� Kriesel
moved that the name of Lohmer be added as an author on
H. F. No. 232.� The motion
prevailed.
����� Franson
moved that the names of Shimanski and Lohmer be added as authors on
H. F. No. 238.� The motion
prevailed.
����� Murphy, E.,
moved that the name of Persell be added as chief author on
H. F. No. 239.� The motion
prevailed.
����� Dettmer
moved that the names of Shimanski and O'Driscoll be added as authors on
H. F. No. 240.� The motion
prevailed.
����� Loeffler
moved that the name of Dittrich be added as an author on
H. F. No. 248.� The motion
prevailed.
����� Rukavina
moved that the name of Persell be added as an author on
H. F. No. 249.� The motion
prevailed.
����� Anderson,
B., moved that the name of Shimanski be added as an author on
H. F. No. 250.� The motion
prevailed.
ADJOURNMENT
����� Dean moved
that when the House adjourns today it adjourn until 12:00 noon, Wednesday,
February 2, 2011.� The motion prevailed.
����� Dean moved
that the House adjourn.� The motion
prevailed, and the Speaker declared the House stands adjourned until 12:00
noon, Wednesday, February 2, 2011.
Albin A. Mathiowetz, Chief Clerk, House of Representatives