State of Minnesota
Eighty-Eighth Legislature
SENATE AGENDA
Eighty-Seventh Day
Thursday, April 10, 2014
11:00 A.M.
FIRST ORDER OF BUSINESS
Petitions, Letters and Remonstrances
SECOND ORDER OF BUSINESS
Executive and Official Communications
The following communication was received.
March 26, 2014
The Honorable Sandra L. Pappas
President of the Senate
Dear Senator Pappas:
The following appointments are hereby respectfully submitted to the Senate for confirmation as required by law:
PLUMBING BOARD
Scott Eggen, 250 S. 4th St., Room 300, Minneapolis, in the county of Hennepin, effective March 30, 2014, for a term expiring on December 31, 2016.
John Flagg, 3017 Croft Dr., Saint Anthony, in the county of Hennepin, effective March 30, 2014, for a term expiring on December 31, 2016.
James Kittelson, 572 - 1st Ave., Wanamingo, in the county of Goodhue, effective March 30, 2014, for a term expiring on December 31, 2016.
Peter Moulton, 1608 Aspen Dr., Saint Peter, in the county of Nicollet, effective March 30, 2014, for a term expiring on December 31, 2016.
Phillip Sterner, 7373 - 147th St. W., Suite 158, Apple Valley, in the county of Dakota, effective March 30, 2014, for a term expiring on December 31, 2016.
(Referred to the Committee on Jobs, Agriculture and Rural Development.)
Sincerely,
Mark Dayton, Governor
THIRD ORDER OF BUSINESS
Messages From the House
Madam President:
I have the honor to announce that the House refuses to concur in the Senate amendments to House File No. 3172:
H.F. No. 3172: A bill for an act relating to state government; providing supplemental appropriations for higher education, jobs and economic development, public safety, corrections, transportation, environment, natural resources, and agriculture, kindergarten through grade 12 and adult education, health and human services; making forecast adjustments; modifying prior appropriations; modifying disposition of certain revenues; dedicating money to the Board of Trustees of the Minnesota State Colleges and Universities for compensation costs associated with settlement of employment contracts; dedicating certain funds for homeownership opportunities for families evicted or given notice of eviction due to a disabled child in the home; requiring the housing finance agency to improve efforts to reduce racial and ethnic inequalities in homeownership rates; creating an office of regenerative medicine development; modifying workforce program outcomes; creating job training programs; providing funding for the Minnesota Racing Commission; providing a grant to the Mille Lacs Tourism Council; funding Peace Officer Standards and Training Board; modifying certain provisions pertaining to victims of domestic violence and sentencing for criminal sexual conduct; continuing the fire safety advisory committee; providing for disaster assistance for public entities when federal aid is granted and when federal aid is absent; establishing certain transportation oversight authority; modifying provisions for railroad and pipeline safety; modifying certain transportation provisions; providing compensation for bee deaths due to pesticide poisoning; establishing pollinator emergency response team; providing nonresident off-highway motorcycle state trail pass; requiring certain recycling; modifying solid waste reduction; regulating harmful chemicals in children's products; providing for state parks and trails license plates, and licensing and inspection of commercial dog and cat breeders; providing for invasive terrestrial plants and pests center; providing funding and policy modifications for early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, facilities, nutrition, community education, self-sufficiency and lifelong learning, and state agencies; making changes to provisions governing the Department of Health, Department of Human Services, children and family services, continuing care, community first services and supports, health care, public assistance programs, and chemical dependency; providing for unborn child protection; modifying the hospital payment system; modifying provisions governing background studies and home and community-based services standards; setting fees; providing rate increases; establishing grant programs; modifying medical assistance provisions; modifying the use of positive support strategies and emergency manual restraint; providing for certain grants; defining terms; creating accounts; requiring reports; providing penalties; authorizing rulemaking; amending Minnesota Statutes 2012, sections 12.03, by adding subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision 2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.46, subdivision 4; 13.643, subdivision 6; 13.7411, subdivision 8; 13.84, subdivisions 5, 6; 16A.28, by adding a subdivision; 18B.01, by adding subdivisions; 18B.03, by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2; 85.34, subdivision 7; 85A.02, subdivision 2; 103G.271, subdivision 6; 115A.151; 115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2, 3; 115B.39, subdivision 2; 115E.01, by adding subdivisions; 115E.08, by adding subdivisions; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; 116L.98; 119B.09, subdivision 9a, by adding a subdivision; 121A.19; 122A.40, subdivision 13; 122A.41, subdivision 6; 122A.415, subdivision 1; 123A.05, subdivision 2; 123A.485; 123A.64; 123B.57, subdivision 6; 123B.71, subdivisions 8, 9; 124D.09, subdivisions 9, 13; 124D.111, by adding a subdivision; 124D.16, subdivision 2; 124D.522; 124D.531, subdivision 3; 124D.59, subdivision 2; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 127A.45, subdivisions 2, 3; 127A.49, subdivisions 2, 3; 129C.10, subdivision 3, by adding a subdivision; 144.0724, as amended; 144.551, subdivision 1; 145.4131, subdivision 1; 165.15, subdivision 2; 169.826, by adding a subdivision; 169.8261, by adding a subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865, subdivisions 1, 2, by adding a subdivision; 169.866, subdivision 3, by adding a subdivision; 174.24, by adding a subdivision; 174.56, subdivision 1, by adding a subdivision; 179.02, by adding a subdivision; 181A.07, by adding a subdivision; 219.015, subdivisions 1, 2; 243.167, subdivision 1; 245A.03, subdivision 2c; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.27, by adding a subdivision; 252.451, subdivision 2; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 3a, 3b, 3c, 6a, 8, 8a, 9, 10, 12, 14, 17, 18, 25, 30, by adding subdivisions; 256.9752, subdivision 2; 256B.04, by adding a subdivision; 256B.0625, subdivisions 18b, 18c, 18d, 18g, 30, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.199; 256B.35, subdivision 1; 256B.431, by adding a subdivision; 256B.434, by adding a subdivision; 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision; 256I.04, subdivision 2b; 256I.05, subdivision 2; 256J.49, subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531; 257.85, subdivision 11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 299F.012, subdivisions 1, 2; 469.084, by adding a subdivision; 473.408, by adding a subdivision; 609.135, subdivision 2; 609.3451, subdivision 3; 611A.06, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 16A.724, subdivision 2; 123B.53, subdivisions 1, 5; 123B.54; 123B.75, subdivision 5; 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.165, subdivision 5; 124D.531, subdivision 1; 124D.65, subdivision 5; 124D.862, subdivisions 1, 2; 125A.0942; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2, 2a, 2d, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 126C.48, subdivision 8; 127A.47, subdivision 7; 145.4716, subdivision 2; 168.123, subdivision 2; 174.42, subdivision 2; 245.8251; 245A.03, subdivision 7; 245A.042, subdivision 3; 245A.16, subdivision 1; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b, 8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2, 3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1, 1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 1, 2, 4, 6, 7, 8; 245D.071, subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a; 245D.091, subdivisions 2, 3, 4; 245D.10, subdivisions 3, 4; 245D.11, subdivision 2; 256B.04, subdivision 21; 256B.056, subdivision 5c; 256B.0625, subdivisions 17, 18e; 256B.0949, subdivisions 4, 11; 256B.439, subdivisions 1, 7; 256B.441, subdivision 53; 256B.4912, subdivision 1; 256B.492; 256B.69, subdivision 34; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24, by adding subdivisions; 256N.22, subdivisions 1, 2, 4; 256N.23, subdivision 4; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; Laws 2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 249, section 11; Laws 2012, chapter 263, section 1; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 85, article 1, sections 3, subdivisions 2, 5, 6; 4, subdivisions 1, 2; 5; 13, subdivision 5; Laws 2013, chapter 86, article 1, sections 12, subdivision 3, as amended; 13; Laws 2013, chapter 108, article 1, section 24; article 3, section 48; article 7, sections 14; 49; article 14, sections 2, subdivisions 1, 4, as amended, 5, 6, as amended; 3, subdivisions 1, 4; 4, subdivision 8; 12; Laws 2013, chapter 114, article 3, section 4, subdivision 3; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 11, 15, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4, 8; article 6, section 12, subdivisions 2, 3, 4, 5, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, sections 1, subdivision 2; 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions 2, 3; 4; proposing coding for new law in Minnesota Statutes, chapters 8; 18B; 19; 84; 85; 87A; 115E; 116; 116J; 123A; 123B; 124D; 129C; 144; 144A; 145; 168; 219; 299A; 347; 473; proposing coding for new law as Minnesota Statutes, chapter 12B; repealing Minnesota Statutes 2012, sections 115A.551, subdivision 2; 116J.997; 123B.71, subdivision 1; 256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13, 20, 21, 22, 26, 27, 28; 256.9695, subdivisions 3, 4; Minnesota Statutes 2013 Supplement, sections 256B.0625, subdivision 18f; 256N.26, subdivision 7.
The House respectfully requests that a Conference Committee of 5 members be appointed thereon.
Carlson, Huntley, Mahoney, Marquart and Wagenius have been appointed as such committee on the part of the House.
House File No. 3172 is herewith transmitted to the Senate with the request that the Senate appoint a like committee.
Albin A. Mathiowetz, Chief Clerk, House of Representatives
Transmitted April 9, 2014
CHIEF AUTHOR OF SENATE COMPANION: COHEN
Madam President:
I have the honor to announce the passage by the House of the following House Files, herewith transmitted: H.F. Nos. 2141, 2227, 2446 and 2656.
Albin A. Mathiowetz, Chief Clerk, House of Representatives
Transmitted April 9, 2014
FOURTH ORDER OF BUSINESS
First Reading of House Bills
The following bills were read the first time.
H.F. No. 2141: A bill for an act relating to public safety; clarifying probable cause arrests for violations of protection, restraining, and no contact orders; modifying time limit for probable cause arrests for domestic abuse; amending Minnesota Statutes 2012, sections 629.34, subdivision 1; 629.341, subdivision 1.
Referred to the Committee on Rules and Administration for comparison with S.F. No. 2042, now on General Orders.
H.F. No. 2227: A bill for an act relating to health; requiring the commissioner of health to assess and report on quality of care for ST elevation myocardial infarction response and treatment; proposing coding for new law in Minnesota Statutes, chapter 144.
Referred to the Committee on Rules and Administration for comparison with S.F. No. 2262, now on General Orders.
H.F. No. 2446: A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing for mandatory restitution when a person is convicted for selling controlled substance under false pretense of being legal; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, subdivision 1a, by adding a subdivision; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b; proposing coding for new law in Minnesota Statutes, chapter 152.
Referred to the Committee on Finance.
H.F. No. 2656: A bill for an act relating to health; modifying the use of the all-payer claims data; convening a work group to make recommendations on expanded uses of the all-payer claims database; amending Minnesota Statutes 2012, section 62U.04, subdivision 4, by adding subdivisions.
Referred to the Committee on Rules and Administration for comparison with S.F. No. 2106, now on General Orders.
FIFTH ORDER OF BUSINESS
Reports of Committees
Senator Cohen from the Committee on Finance, to which was referred
S.F. No. 2098: A bill for an act relating to natural resources; appropriating money from outdoor heritage fund.
Reports the same back with the recommendation that the bill be amended and when so amended the bill do pass.
CHIEF SENATE AUTHOR: SAXHAUG
Senator Cohen from the Committee on Finance, to which was referred
S.F. No. 2805: A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.
Reports the same back with the recommendation that the bill be amended and when so amended the bill do pass.
CHIEF SENATE AUTHOR: CARLSON
Senator Cohen from the Committee on Finance, to which was re-referred
S.F. No. 2288: A bill for an act relating to elections; providing for submission of voter registration and absentee ballot applications online; amending Minnesota Statutes 2012, sections 201.061, subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3; 201.081; 203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013 Supplement, sections 201.275; 203B.04, subdivision 1.
Reports the same back with the recommendation that the bill be amended and when so amended the bill do pass.
CHIEF SENATE AUTHOR: SIEBEN
Senator Cohen from the Committee on Finance, to which was referred
H.F. No. 2658: A bill for an act relating to workers' compensation; adopting the recommendations of the Workers' Compensation Advisory Council; amending Minnesota Statutes 2012, sections 176.129, subdivisions 2a, 7; 176.135, subdivision 7; 176.136, subdivision 1a; 176.231, subdivision 2; 176.305, subdivision 1a; Minnesota Statutes 2013 Supplement, section 176.011, subdivision 15; repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08; 175.14; 175.26; 176.1311; 176.136, subdivision 3; 176.2615; 176.641.
Reports the same back with the recommendation that the bill be amended and when so amended the bill do pass.
CHIEF SENATE AUTHOR: SPARKS
Senator Cohen from the Committee on Finance, to which was referred
H.F. No. 3014: A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 179A.03, subdivisions 14, 15, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.
Reports the same back with the recommendation that the bill be amended and when so amended the bill do pass.
CHIEF SENATE AUTHOR: PAPPAS
Senator Bakk, from the Committee on Rules and Administration, to which was referred
H.F. No. 2576 for comparison with companion Senate File, reports the following House File was found not identical with companion Senate File as follows:
GENERAL ORDERS
 
CONSENT CALENDAR
 
CALENDAR
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
2576
2214
      
Pursuant to Rule 45, the Committee on Rules and Administration recommends that H.F. No. 2576 be amended, and when so amended, H.F. No. 2576 will be identical to S.F. No. 2214 and further recommends that H.F. No. 2576 be given its second reading and substituted for S.F. No. 2214 and that the Senate File be indefinitely postponed.
Senator Bakk, from the Committee on Rules and Administration, to which was referred
H.F. No. 2733 for comparison with companion Senate File, reports the following House File was found not identical with companion Senate File as follows:
GENERAL ORDERS
 
CONSENT CALENDAR
 
CALENDAR
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
2733
2191
      
Pursuant to Rule 45, the Committee on Rules and Administration recommends that H.F. No. 2733 be amended, and when so amended, H.F. No. 2733 will be identical to S.F. No. 2191 and further recommends that H.F. No. 2733 be given its second reading and substituted for S.F. No. 2191 and that the Senate File be indefinitely postponed.
Senator Bakk, from the Committee on Rules and Administration, to which was referred
H.F. No. 2746 for comparison with companion Senate File, reports the following House File was found not identical with companion Senate File as follows:
GENERAL ORDERS
 
CONSENT CALENDAR
 
CALENDAR
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
2746
2618
      
Pursuant to Rule 45, the Committee on Rules and Administration recommends that H.F. No. 2746 be amended, and when so amended, H.F. No. 2746 will be identical to S.F. No. 2618 and further recommends that H.F. No. 2746 be given its second reading and substituted for S.F. No. 2618 and that the Senate File be indefinitely postponed.
Senator Bakk, from the Committee on Rules and Administration, to which was referred
H.F. No. 2840 for comparison with companion Senate File, reports the following House File was found identical and recommends the House File be given its second reading and substituted for its companion Senate File as follows:
GENERAL ORDERS
 
CONSENT CALENDAR
 
CALENDAR
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
2840
2399
      
and that the above Senate File be indefinitely postponed.
Senator Bakk, from the Committee on Rules and Administration, to which was referred
H.F. No. 2953 for comparison with companion Senate File, reports the following House File was found identical and recommends the House File be given its second reading and substituted for its companion Senate File as follows:
GENERAL ORDERS
 
CONSENT CALENDAR
 
CALENDAR
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
 
H.F. No.
S.F. No.
2953
2592
      
and that the above Senate File be indefinitely postponed.
Pursuant to Rule 45, these reports were prepared and submitted by the Secretary of the Senate on behalf of the Committee on Rules and Administration.
SIXTH ORDER OF BUSINESS
Second Reading of Senate Bills
S.F. Nos. 2098, 2805 and 2288 were read the second time.
SEVENTH ORDER OF BUSINESS
Second Reading of House Bills
H.F. Nos. 2658, 3014, 2576, 2733, 2746, 2840 and 2953 were read the second time.
EIGHTH ORDER OF BUSINESS
Introduction and First Reading of Senate Bills
NINTH ORDER OF BUSINESS
Motions and Resolutions
Senator Wiklund moved that the name of Senator Hall be added as a co-author to S.F. No. 1688.
Senator Saxhaug moved that the name of Senator Cohen be added as a co-author to S.F. No. 2098.
TENTH ORDER OF BUSINESS
Calendar
ELEVENTH ORDER OF BUSINESS
Consent Calendar
TWELFTH ORDER OF BUSINESS
General Orders
THIRTEENTH ORDER OF BUSINESS
Announcements of Senate Interest