Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5581

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

SEVENTIETH DAY

Saint Paul, Minnesota, Monday, February 7, 2000

This Journal as a PDF document

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Representative Gary Kubly, District 15B.

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 Dorman Holsten Lindner Ozment Storm
Abrams Dorn Howes Luther Paulsen Swapinski
Anderson, B. Entenza Huntley Mahoney Pawlenty Swenson
Anderson, I. Erhardt Jaros Mares Paymar Sykora
Bakk Erickson Jennings Mariani Pelowski Tingelstad
Biernat Finseth Johnson Marko Peterson Tomassoni
Bishop Folliard Juhnke McCollum Pugh Trimble
Boudreau Fuller Kahn McElroy Rest Tuma
Bradley Gerlach Kalis McGuire Reuter Tunheim
Broecker Gleason Kelliher Milbert Rhodes Van Dellen
Buesgens Goodno Kielkucki Molnau Rifenberg Vandeveer
Carlson Gray Knoblach Mulder Rostberg Wagenius
Carruthers Greenfield Koskinen Mullery Schumacher Wejcman
Cassell Greiling Krinkie Murphy Seagren Wenzel
Chaudhary Gunther Kubly Ness Seifert, J. Westerberg
Clark, J. Haake Kuisle Nornes Seifert, M. Westfall
Clark, K. Hackbarth Larsen, P. Olson Skoe Westrom
Daggett Harder Larson, D. Opatz Skoglund Wilkin
Davids Hasskamp Leighton Orfield Smith Winter
Dawkins Hausman Lenczewski Osskopp Solberg Wolf
Dehler Hilty Leppik Osthoff Stanek Workman
Dempsey Holberg Lieder Otremba Stang Spk. Sviggum

A quorum was present.

Haas and Rukavina were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Johnson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


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REPORTS OF STANDING COMMITTEES

Stanek from the Committee on Crime Prevention to which was referred:

H. F. No. 1172, A bill for an act relating to crime; including violation of a similar law from another state within the enhanced penalty provision of the harassment and anti-stalking law; amending Minnesota Statutes 1998, section 609.749, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 19, delete "1999" and insert "2000"

Amend the title as follows:

Page 1, line 4, delete "anti-stalking" and insert "antistalking"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Finance.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1662, A bill for an act relating to human services; affecting medical assistance, general assistance, MinnesotaCare, and other state medical programs; providing for recovery of subrogated health care payments; providing for performance measurement study reports on health services use, and providing for classification of government data; providing for notice to recipients concerning charges in medical assistance providers; providing new grounds for sanctions against medical assistance vendors, and for referral to a licensing board; requiring vendors to disclose common interest and ownership; providing federally required restrictions on conflicts of interest in the Medicaid procurement process, and providing criminal and civil penalties including imprisonment; providing for new procedures in probate proceedings in the case of medical assistance claims against an estate; allowing nursing homes to require residents to use certain pharmacies; removing limitations from medical assistance liens on real property and providing for 20-year renewal of liens; amending Minnesota Statutes 1998, sections 62A.04, subdivision 2; 62A.045; 256.015, subdivisions 1 and 3; 256B.042, subdivisions 1, 2, and 3; 256B.0627, subdivision 5; 256B.064, subdivisions 1a, 1b, 1c, 2, and by adding a subdivision; 256B.15, subdivision 1a; 256B.37, subdivisions 1 and 2; 256B.48, subdivision 1; 256D.03, subdivision 8; 256L.03, subdivision 6; 514.981, subdivision 6; 524.3-801; and 525.312; proposing coding for new law in Minnesota Statutes, chapters 256B; 524; and 525.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 256B.064, is amended to read:

256B.064 [INELIGIBLE PROVIDER SANCTIONS; MONETARY RECOVERY.]

Subdivision 1. [TERMINATING PAYMENTS TO INELIGIBLE VENDORS.] The commissioner may terminate payments under this chapter to any person or facility providing medical assistance which that, under applicable federal law or regulation, has been determined to be ineligible for payments under Title XIX of the Social Security Act.


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Subd. 1a. [GROUNDS FOR MONETARY RECOVERY AND SANCTIONS AGAINST VENDORS.] The commissioner may seek monetary recovery and impose sanctions against vendors a vendor of medical care for any of the following:

(1) fraud, theft, or abuse in connection with the provision of medical care to recipients of public assistance;

(2) a pattern of presentment of false or duplicate claims or claims for services not medically necessary;

(3) a pattern of making false statements of material facts for the purpose of obtaining greater compensation than that to which the vendor is legally entitled;

(4) suspension or termination as a Medicare vendor;

(5) refusal to grant the state agency access during regular business hours to examine all records necessary to disclose the extent of services provided to program recipients and appropriateness of claims for payment;

(6) failure to repay an overpayment finally established under this section; and

(7) any reason for which a vendor could be excluded from participation in the Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.

The determination of services not medically necessary may be made by the commissioner in consultation with a peer advisory task force appointed by the commissioner on the recommendation of appropriate professional organizations. The task force expires as provided in section 15.059, subdivision 5.

Subd. 1b. [SANCTIONS AVAILABLE.] The commissioner may impose the following sanctions for the conduct described in subdivision 1a: referral to the appropriate state licensing board, suspension or withholding of payments to a vendor, and suspending or terminating participation in the program.

Subd. 1c. [GROUNDS FOR AND METHODS OF MONETARY RECOVERY.] (a) The commissioner may obtain monetary recovery from a vendor who has been improperly paid either as a result of conduct described in subdivision 1a or as a result of a vendor or department error, regardless of whether the error was intentional. Patterns need not be proven as a precondition to monetary recovery of erroneous or false claims, duplicate claims, claims for services not medically necessary, or claims based on false statements.

(b) The commissioner may obtain monetary recovery using methods, including but not limited to the following: assessing and recovering money improperly paid and debiting from future payments any money improperly paid. Patterns need not be proven as a precondition to monetary recovery of erroneous or false claims, duplicate claims, claims for services not medically necessary, or claims based on false statements. The commissioner shall charge interest on money to be recovered if the recovery is to be made by installment payments or debits, except when the monetary recovery is of an overpayment that resulted from a department error. The interest charged shall be the rate established by the commissioner of revenue under section 270.75.

Subd. 1d. [INVESTIGATIVE COSTS.] The commissioner may seek recovery of investigative costs from any vendor of medical care or services who willfully submits a claim for reimbursement for services that the vendor knows, or reasonably should have known, is a false representation and which that results in the payment of public funds for which the vendor is ineligible. Billing errors deemed to be unintentional, but which that result in overcharges, but are unintentional, shall not be considered grounds for investigative cost recoupment.

Subd. 2. [IMPOSITION OF MONETARY RECOVERY AND SANCTIONS.] (a) The commissioner shall determine any monetary amounts to be recovered and the sanction sanctions to be imposed upon a vendor of medical care for conduct described by subdivision 1a under this section. Except as provided in paragraph (b), neither a monetary recovery nor a sanction will be imposed by the commissioner without prior notice and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed action, provided that the commissioner may


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suspend or reduce payment to a vendor of medical care, except a nursing home or convalescent care facility, after notice and prior to the hearing if in the commissioner's opinion that action is necessary to protect the public welfare and the interests of the program.

(b) Except for a nursing home or convalescent care facility, the commissioner may withhold or reduce payments to a vendor of medical care without providing advance notice of such withholding or reduction if either of the following occurs:

(1) the vendor is convicted of a crime involving the conduct described in subdivision 1a; or

(2) the commissioner receives reliable evidence of fraud or willful misrepresentation by the vendor.

(c) The commissioner must send notice of the withholding or reduction of payments under paragraph (b) within five days of taking such action. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) except in the case of a conviction for conduct described in subdivision 1a, state that the withholding is for a temporary period and cite the circumstances under which withholding will be terminated;

(3) identify the types of claims to which the withholding applies; and

(4) inform the vendor of the right to submit written evidence for consideration by the commissioner.

The withholding or reduction of payments will not continue after the commissioner determines there is insufficient evidence of fraud or willful misrepresentation by the vendor, or after legal proceedings relating to the alleged fraud or willful misrepresentation are completed, unless the commissioner has sent notice of intention to impose monetary recovery or sanctions under paragraph (a).

(d) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision 3, by filing with the commissioner a written request of appeal. The appeal request must be received by the commissioner no later than 30 days after the date the notification of monetary recovery or sanction was mailed to the vendor. The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount involved for each disputed item;

(2) the computation that the vendor believes is correct;

(3) the authority in statute or rule upon which the vendor relies for each disputed item;

(4) the name and address of the person or entity with whom contacts may be made regarding the appeal; and

(5) other information required by the commissioner.

Sec. 2. Minnesota Statutes 1998, section 256B.15, subdivision 1a, is amended to read:

Subd. 1a. [ESTATES SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on the person's death, if single, or on the death of the survivor of a married couple, either or both of whom received medical assistance, the total amount paid for medical assistance rendered for the person and spouse shall be filed as a claim against the estate of the person or the estate of the surviving spouse in the court having jurisdiction to probate the estate or to issue a decree of descent according to sections 525.31 to 525.313.

A claim shall be filed if medical assistance was rendered for either or both persons under one of the following circumstances:


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(a) the person was over 55 years of age, and received services under this chapter, excluding alternative care;

(b) the person resided in a medical institution for six months or longer, received services under this chapter excluding alternative care, and, at the time of institutionalization or application for medical assistance, whichever is later, the person could not have reasonably been expected to be discharged and returned home, as certified in writing by the person's treating physician. For purposes of this section only, a "medical institution" means a skilled nursing facility, intermediate care facility, intermediate care facility for persons with mental retardation, nursing facility, or inpatient hospital; or

(c) the person received general assistance medical care services under chapter 256D.

The claim shall be considered an expense of the last illness of the decedent for the purpose of section 524.3-805. Any statute of limitations that purports to limit any county agency or the state agency, or both, to recover for medical assistance granted hereunder shall not apply to any claim made hereunder for reimbursement for any medical assistance granted hereunder. Notice of the claim shall be given to all heirs and devisees of the decedent whose identity can be ascertained with reasonable diligence. The notice must include procedures and instructions for making an application for a hardship waiver under subdivision 5; time frames for submitting an application and determination; and information regarding appeal rights and procedures. Counties are entitled to one-half of the nonfederal share of medical assistance collections from estates that are directly attributable to county effort.

Sec. 3. Minnesota Statutes 1998, section 256B.15, subdivision 4, is amended to read:

Subd. 4. [OTHER SURVIVORS.] If the decedent who was single or the surviving spouse of a married couple is survived by one of the following persons, a claim exists against the estate in an amount not to exceed the value of the nonhomestead property included in the estate:

(a) a sibling who resided in the decedent medical assistance recipient's home at least one year before the decedent's institutionalization and continuously since the date of institutionalization; or

(b) a son or daughter or, subject to federal approval, a grandchild, who resided in the decedent medical assistance recipient's home for at least two years immediately before the parent's or grandparent's institutionalization and continuously since the date of institutionalization, and who establishes by a preponderance of the evidence having provided care to the parent or grandparent who received medical assistance, that the care was provided before institutionalization, and that the care permitted the parent or grandparent to reside at home rather than in an institution.

Sec. 4. Minnesota Statutes 1998, section 514.981, subdivision 6, is amended to read:

Subd. 6. [TIME LIMITS; CLAIM LIMITS.] (a) A medical assistance lien is not enforceable against specific real property if any of the following occurs:

(1) the lien is not satisfied or proceedings are not lawfully commenced to foreclose the lien within 18 months of the agency's receipt of notice of the death of the medical assistance recipient or the death of the surviving spouse, whichever occurs later; or

(2) the lien is not satisfied or proceedings are not lawfully commenced to foreclose the lien within three years of the death of the medical assistance recipient or the death of the surviving spouse, whichever occurs later. This limitation is tolled during any period when the provisions of section 514.983, subdivision 2, apply to delay enforcement of the lien. a lien on the real property it describes for a period of ten years from the date it attaches according to subdivision 2, paragraph (a), except as otherwise provided for in sections 514.980 to 514.985. The agency may renew a medical assistance lien for an additional ten years from the date it would otherwise expire by recording or filing a certificate of renewal before the lien expires. The certificate shall be recorded or filed in the office of the county recorder or registrar of titles for the county in which the lien is recorded or filed. The certificate must refer to the recording or filing data for the medical assistance lien it renews. The certificate need not be


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attested, certified, or acknowledged as a condition for recording or filing. The registrar of titles or the recorder shall file, record, index, and return the certificate of renewal in the same manner as provided for medical assistance liens in section 514.982, subdivision 2.

(b) A medical assistance lien is not enforceable against the real property of an estate to the extent there is a determination by a court of competent jurisdiction, or by an officer of the court designated for that purpose, that there are insufficient assets in the estate to satisfy the agency's medical assistance lien in whole or in part in accordance with the priority of claims established by chapters 256B and 524. The agency's lien remains enforceable to the extent that assets are available to satisfy the agency's lien, subject to the priority of other claims, and to the extent that the agency's claim is allowed against the estate under chapters 256B and 524 because of the homestead exemption under section 256B.15, subdivision 4, the rights of the surviving spouse or minor children under section 524.2-403, paragraphs (a) and (b), or claims with a priority under section 524.3-805, paragraph (a), clauses (1) to (4). For purposes of this section, the rights of the decedent's adult children to exempt property under section 524.2-403, paragraph (b), shall not be considered costs of administration under section 524.3-805, paragraph (a), clause (1).

Sec. 5. [524.2-215] [SURVIVING SPOUSE RECEIVING MEDICAL ASSISTANCE.]

(a) Notwithstanding any law to the contrary, if a surviving spouse is receiving medical assistance under chapter 256B, or general assistance medical care under chapter 256D, when the person's spouse dies, then the provisions in paragraphs (b) to (f) apply.

(b) Any time before an order or decree is entered under section 524.3-1001 or 524.3-1002, or a closing statement is filed under section 524.3-1003, the surviving spouse may:

(1) exercise the right to take an elective share amount of the decedent's estate under section 524.2-211, in which case the decedent's nonprobate transfers to others shall be included in the augmented estate for purposes of computing the elective share and supplemental elective share amounts;

(2) petition the court for an extension of time for exercising the right to an elective share amount under section 524.2-211, in which case the decedent's nonprobate transfers to others shall be included in the augmented estate for purposes of computing the elective share and supplemental elective share amounts; and

(3) elect statutory rights in the homestead or petition the court for an extension of time to make the election as provided in section 524.2-211, paragraph (f).

(c) Notwithstanding any law or rule to the contrary, the personal representative of the estate of the surviving spouse may exercise the surviving spouse's right of election and statutory right to the homestead in the manner provided for making those elections or petition for an extension of time as provided for in this section.

(d) If choosing the elective share will result in the surviving spouse receiving a share of the decedent's estate greater in value than the share of the estate under the will or intestate succession, then the guardian or conservator for the surviving spouse shall exercise the surviving spouse's right to an elective share amount and a court order is not required.

(e) A party petitioning to establish a guardianship or conservatorship for the surviving spouse may file a certified copy of the petition in the decedent's estate proceedings and serve a copy of the petition on the personal representative or the personal representative's attorney. The filing of the petition shall toll all of the time limitations provided in this section and section 524.2-211, until the entry of a final order granting or denying the petition. The decedent's estate may not close until the entry of a final order granting or denying the petition.

(1) Distributees of the decedent's estate shall be personally liable to account for and turn over to the ward, the conservatee, or the estate of the ward or conservatee, any and all amounts which the ward or conservatee is entitled to receive from the decedent's estate.


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(2) No distributee shall be liable for an amount in excess of the value of their distribution as of the time of the distribution.

(3) The ward, the conservatee, the guardian, the conservator, or personal representative may bring proceedings in district court to enforce these rights.

(f) Notwithstanding any oral or written contract, agreement, or waiver made by the surviving spouse to waive in whole or part the surviving spouse's right of election against the decedent's will, statutory right to the homestead, exempt property, or family allowance, the surviving spouse or the surviving spouse's guardian or conservator may exercise these rights to the full extent permitted by law. The surviving spouse's rights under this paragraph do not apply to the extent there is a valid antenuptial agreement between the surviving spouse and the decedent under which the surviving spouse has waived some or all of these rights.

Sec. 6. Minnesota Statutes 1998, section 524.3-801, is amended to read:

524.3-801 [NOTICE TO CREDITORS.]

(a) Unless notice has already been given under this section, upon appointment of a general personal representative in informal proceedings or upon the filing of a petition for formal appointment of a general personal representative, notice thereof, in the form prescribed by court rule, shall be given under the direction of the court administrator by publication once a week for two successive weeks in a legal newspaper in the county wherein the proceedings are pending giving the name and address of the general personal representative and notifying creditors of the estate to present their claims within four months after the date of the court administrator's notice which is subsequently published or be forever barred, unless they are entitled to further service of notice under paragraph (b) or (c).

(b)(1) Within three months after: (i) the date of the first publication of the notice; or (ii) June 16, 1989, whichever is later, the personal representative may determine, in the personal representative's discretion, that it is or is not advisable to conduct a reasonably diligent search for creditors of the decedent who are either not known or not identified. If the personal representative determines that a reasonably diligent search is advisable, the personal representative shall conduct the search.

(2) If the notice is first published after June 16, 1989, the personal representative shall, within three months after the date of the first publication of the notice, serve a copy of the notice upon each then known and identified creditor in the manner provided in paragraph (c). Notice given under paragraph (d) does not satisfy the notice requirements under this paragraph and paragraph (c). If notice was first published under the applicable provisions of law under the direction of the court administrator before June 16, 1989, and if a personal representative is empowered to act at any time after June 16, 1989, the personal representative shall, within three months after June 16, 1989, serve upon the then known and identified creditors in the manner provided in paragraph (c) a copy of the notice as published, together with a supplementary notice requiring each of the creditors to present any claim within one month after the date of the service of the notice or be forever barred.

(3) Under this section, a creditor is "known" if: (i) the personal representative knows that the creditor has asserted a claim that arose during the decedent's life against either the decedent or the decedent's estate; or (ii) the creditor has asserted a claim that arose during the decedent's life and the fact is clearly disclosed in accessible financial records known and available to the personal representative. Under this section, a creditor is "identified" if the personal representative's knowledge of the name and address of the creditor will permit service of notice to be made under paragraph (c).

(c) The personal representative shall serve a copy of any notice and any supplementary notice required by paragraph (b), clause (1) or (2), upon each creditor of the decedent who is then known to the personal representative and identified, except a creditor whose claim has either been presented to the personal representative or paid, either by delivery of a copy of the required notice to the creditor, or by mailing a copy of the notice to the creditor by certified, registered, or ordinary first class mail addressed to the creditor at the creditor's office or place of residence.


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(d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a predeceased spouse of the decedent received assistance for which a claim could be filed under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the attorney for the personal representative shall serve the commissioner of human services with notice in the manner prescribed in paragraph (c) as soon as practicable after the appointment of the personal representative. The notice must state the decedent's full name, date of birth, and social security number and, to the extent then known after making a reasonably diligent inquiry, the full name, date of birth, and social security number for each of the decedent's predeceased spouses. The notice may also contain a statement that, after making a reasonably diligent inquiry, the personal representative has determined that the decedent did not have any predeceased spouses or that the personal representative has been unable to determine one or more of the previous items of information for a predeceased spouse of the decedent. A copy of the notice to creditors must be attached to and be a part of the notice to the commissioner.

(2) Notwithstanding a will or other instrument or law to the contrary, except as allowed in this paragraph, no property subject to administration by the estate may be distributed by the estate or the personal representative until 70 days after the date the notice is served on the commissioner as provided in paragraph (c), unless the local agency consents as provided for in clause (6). This restriction on distribution does not apply to the personal representative's sale of real or personal property, but does apply to the net proceeds the estate receives from these sales. The personal representative, or any person with personal knowledge of the facts, may provide an affidavit containing the description of any real or personal property affected by this paragraph and stating facts showing compliance with this paragraph. If the affidavit describes real property, it may be filed or recorded in the office of the county recorder or registrar of titles for the county where the real property is located. This paragraph does not apply to proceedings under sections 524.3-1203 and 525.31, or when a duly authorized agent of a county is acting as the personal representative of the estate.

(3) At any time before an order or decree is entered under section 524.3-1001 or 524.3-1002, or a closing statement is filed under section 524.3-1003, the personal representative or the attorney for the personal representative may serve an amended notice on the commissioner to add variations or other names of the decedent or a predeceased spouse named in the notice, the name of a predeceased spouse omitted from the notice, to add or correct the date of birth or social security number of a decedent or predeceased spouse named in the notice, or to correct any other deficiency in a prior notice. The amended notice must state the decedent's name, date of birth, and social security number, the case name, case number, and district court in which the estate is pending, and the date the notice being amended was served on the commissioner. If the amendment adds the name of a predeceased spouse omitted from the notice, it must also state that spouse's full name, date of birth, and social security number. The amended notice must be served on the commissioner in the same manner as the original notice. Upon service, the amended notice relates back to and is effective from the date the notice it amends was served, and the time for filing claims arising under section 246.53, 256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended notice. Claims filed during the 60-day period are undischarged and unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal representative or any person with personal knowledge of the facts may provide and file or record an affidavit in the same manner as provided for in clause (1).

(4) Within one year after the date an order or decree is entered under section 524.3-1001 or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has an interest in property that was subject to administration by the estate may serve an amended notice on the commissioner to add variations or other names of the decedent or a predeceased spouse named in the notice, the name of a predeceased spouse omitted from the notice, to add or correct the date of birth or social security number of a decedent or predeceased spouse named in the notice, or to correct any other deficiency in a prior notice. The amended notice must be served on the commissioner in the same manner as the original notice and must contain the information required for amendments under clause (3). If the amendment adds the name of a predeceased spouse omitted from the notice, it must also state that spouse's full name, date of birth, and social security number. Upon service, the amended notice relates back to and is effective from the date the notice it amends was served. If the amended notice adds the name of an omitted predeceased spouse or adds or corrects the social security number or date of birth of the decedent or a predeceased spouse already named in the notice, then, notwithstanding any other laws to the contrary, claims against the decedent's estate on account of those persons resulting from the amendment and arising under section 246.53, 256B.15, 256D.16, or


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261.04 are undischarged and unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The person filing the amendment or any other person with personal knowledge of the facts may provide and file or record an affidavit describing affected real or personal property in the same manner as clause (1).

(5) After one year from the date an order or decree is entered under section 524.3-1001 or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission, or defect of any kind in the notice to the commissioner required under this paragraph or in the process of service of the notice on the commissioner, or the failure to serve the commissioner with notice as required by this paragraph, makes any distribution of property by a personal representative void or voidable. The distributee's title to the distributed property shall be free of any claims based upon a failure to comply with this paragraph.

(6) The local agency may consent to a personal representative's request to distribute property subject to administration by the estate to distributees during the 70-day period after service of notice on the commissioner. The local agency may grant or deny the request in whole or in part and may attach conditions to its consent as it deems appropriate. When the local agency consents to a distribution, it shall give the estate a written certificate evidencing its consent to the early distribution of assets at no cost. The certificate must include the name, case number, and district court in which the estate is pending, the name of the local agency, describe the specific real or personal property to which the consent applies, state that the local agency consents to the distribution of the specific property described in the consent during the 70-day period following service of the notice on the commissioner, state that the consent is unconditional or list all of the terms and conditions of the consent, be dated, and may include other contents as may be appropriate. The certificate must be signed by the director of the local agency or the director's designees and is effective as of the date it is dated unless it provides otherwise. The signature of the director or the director's designee does not require any acknowledgment. The certificate shall be prima facie evidence of the facts it states, may be attached to or combined with a deed or any other instrument of conveyance and, when so attached or combined, shall constitute a single instrument. If the certificate describes real property, it shall be accepted for recording or filing by the county recorder or registrar of titles in the county in which the property is located. If the certificate describes real property and is not attached to or combined with a deed or other instrument of conveyance, it shall be accepted for recording or filing by the county recorder or registrar of titles in the county in which the property is located. The certificate constitutes a waiver of the 70-day period provided for in clause (2) with respect to the property it describes and is prima facie evidence of service of notice on the commissioner. The certificate is not a waiver or relinquishment of any claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and does not otherwise constitute a waiver of any of the personal representative's duties under this paragraph. Distributees who receive property pursuant to a consent to an early distribution shall remain liable to creditors of the estate as provided for by law.

(7) All affidavits provided for under this paragraph:

(i) shall be provided by persons who have personal knowledge of the facts stated in the affidavit;

(ii) may be filed or recorded in the office of the county recorder or registrar of titles in the county in which the real property they describe is located for the purpose of establishing compliance with the requirements of this paragraph; and

(iii) are prima facie evidence of the facts stated in the affidavit.

(8) This paragraph applies to the estates of decedents dying on or after July 1, 1997. Clause (5) also applies with respect to all notices served on the commissioner of human services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices served on the commissioner before July 1, 1997, pursuant to Laws 1996, chapter 451, article 2, section 55, shall be deemed to be legally sufficient for the purposes for which they were intended, notwithstanding any errors, omissions or other defects.


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Sec. 7. Minnesota Statutes 1998, section 525.312, is amended to read:

525.312 [DECREE OF DESCENT.]

Upon the filing of such petition, the court shall fix the time and place for the hearing thereof, notice of which shall be given pursuant to section 524.1-401. Notice of the hearing, in the form prescribed by court rule, shall also be given under direction of the court administrator by publication once a week for two consecutive weeks in a legal newspaper in the county where the hearing is to be held, the last publication of which is to be at least ten days before the time set for hearing. Upon proof of the petition and of the will if there be one,; or upon proof of the petition and of an authenticated copy of a will duly proved and allowed outside of this state in accordance with the laws in force in the place where proved, if there be one; and if a clearance for medical assistance claims is on file in the proceeding and any medical assistance claims are paid, or satisfied, the court shall allow the same and enter its decree of descent assigning the real or personal property, or any interest therein, to the persons entitled thereto pursuant to the will or such authenticated copy, if there be one, otherwise pursuant to the laws of intestate succession in force at the time of the decedent's death. The decree of descent will operate to assign the property free and clear of any and all claims for medical assistance arising under section 525.313 without regard to the final disposition of those claims. The court may appoint two or more disinterested persons to appraise the property.

Sec. 8. [525.313] [CLEARANCE FOR MEDICAL ASSISTANCE CLAIMS.]

(a) The court shall not enter a decree of descent until the petitioner has filed a clearance for medical assistance claims under this section, and until any medical assistance claims filed under this section have been paid, settled, or otherwise finally disposed of.

(b) After filing the petition, the petitioner or the petitioner's attorney shall apply to the county agency in the county in which the petition is pending for a clearance of medical assistance claims. The application must state the decedent's name, date of birth, and social security number; the name, date of birth, and social security number of any predeceased spouse of the decedent; the names and addresses of the devisees and heirs; the name, address, and telephone number of the petitioner or the attorney making the application on behalf of the petitioner; and include a copy of the notice of hearing.

(c) The county agency shall determine whether the decedent or any of the decedent's predeceased spouses received medical assistance under chapter 256B or general assistance medical care under chapter 256D, giving rise to a claim under section 256B.15. If there are no claims, the county agency shall issue the petitioner a clearance for medical assistance claims stating no medical assistance claims exist. If there is a claim, the county agency shall issue the petitioner a clearance for medical assistance claims stating that a claim exists and the total amount of the claim. The county agency shall mail the completed clearance for medical assistance claims to the applicant within 15 working days after receiving the application without cost to the applicant or others.

(d) The petitioner or attorney shall file the certificate in the proceedings for the decree of descent as soon as practicable after it is received. Notwithstanding any rule or law to the contrary, if a medical assistance claim appears in a clearance for medical assistance claims, then:

(1) the claim shall be a claim against the decedent's property which is the subject of the petition. The county agency issuing the certificate shall be the claimant. The filing of the clearance for medical assistance claims in the proceedings for a decree of descent constitutes presentation of the claim;

(2) the claim shall be an unbarred and undischarged claim and shall be payable, in whole or in part, from the decedent's property which is the subject of the petition, including the net sale proceeds from any sale of property free and clear of the claim under this section;

(3) the claim may be allowed, denied, appealed, and bear interest as provided for, with respect to claims in estates under chapter 524; and


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(4) the county agency may collect, compromise, or otherwise settle the claim with the estate, the petitioner, or the assignees of the property on whatever terms and conditions are deemed appropriate.

(e) Any of the decedent's devisees, heirs, successors, assigns, or their successors and assigns, may apply for a partial decree of descent to facilitate the good faith sale of their interest in any real or personal property described in the petition free and clear of any medical assistance claim any time before entry of a decree of descent under section 525.312. The applicant must prove their interest in the property as provided in section 525.312. The court may enter a partial decree of descent any time after it could hear and decide the petition for a decree of descent. A partial decree of descent shall assign the interests in the real and personal property described in the application to the parties entitled to the property free and clear of any and all medical assistance claims. The net sale proceeds from the sale shall be:

(1) substituted in the estate according to this section for the property sold;

(2) paid over to and held by the petitioner pending the entry of a decree of descent;

(3) used for the payment of medical assistance claims; and

(4) distributed according to the decree of descent after any medical assistance claims are paid.

(f) The clearance for medical assistance claims must:

(1) include the case name, case number, and district court in which the proceeding for a decree of descent is pending;

(2) include the name, date of birth, and social security number of the decedent and any of the decedent's predeceased spouses;

(3) state whether there are medical assistance claims against the decedent, or a surviving spouse, and the total amount of each claim; and

(4) include the name, address, and telephone number of the county agency giving the clearance for medical assistance claims. The certificate shall be signed by the director of the county agency or the director's designees. The signature of the director or the director's designees does not require an acknowledgment.

(g) All recoveries under this section are recoveries under section 256B.15.

(h) For purposes of this section and chapter 256B, all of the property identified in the petition and in all subsequent amendments shall constitute an estate."

Delete the title and insert:

"A bill for an act relating to human services; modifying medical assistance programs; changing provisions for medical assistance liens; providing clearance for medical assistance claims; amending Minnesota Statutes 1998, sections 256B.064; 256B.15, subdivisions 1a and 4; 514.981, subdivision 6; 524.3-801; and 525.312; proposing coding for new law in Minnesota Statutes, chapters 524; and 525."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Law.

The report was adopted.


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Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2489, A bill for an act relating to bicycles; authorizing local units of government to require purchasers of impounded bicycles to register them as a condition of the sale; amending Minnesota Statutes 1998, section 168C.13, by adding a subdivision.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2549, A bill for an act relating to counties; authorizing the special assessment procedure for certain enhanced 911 program expenses; amending Minnesota Statutes 1998, section 429.011, subdivision 2a.

Reported the same back with the following amendments:

Page 1, after line 16, insert:

"Sec. 2. Minnesota Statutes 1998, section 429.011, subdivision 5, is amended to read:

Subd. 5. [IMPROVEMENT.] "Improvement" means any type of improvement made under authority granted by section 429.021, and in the case of a county is limited to the construction, reconstruction, or improvement of a county state-aid highway or county highway including curbs and gutters and storm sewers, and to the purchase, installation, or maintenance of signs, posts, and markers for addressing related to the operation of enhanced 911 telephone service.

Sec. 3. Minnesota Statutes 1998, section 429.021, subdivision 1, is amended to read:

Subdivision 1. [IMPROVEMENTS AUTHORIZED.] The council of a municipality shall have power to make the following improvements:

(1) To acquire, open, and widen any street, and to improve the same by constructing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of any material, or by grading, graveling, oiling, or otherwise improving the same, including the beautification thereof and including storm sewers or other street drainage and connections from sewer, water, or similar mains to curb lines.

(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sewer system, within and without the corporate limits.

(3) To construct, reconstruct, extend, and maintain steam heating mains.

(4) To install, replace, extend, and maintain street lights and street lighting systems and special lighting systems.

(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a water works system, within and without the corporate limits.

(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational facilities within or without the corporate limits.

(7) To plant trees on streets and provide for their trimming, care, and removal.


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(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private property and to fill the same.

(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.

(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.

(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and promote a pedestrian skyway system. Such improvement may be made upon a petition pursuant to section 429.031, subdivision 3.

(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote underground pedestrian concourses.

(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public malls, plazas or courtyards.

(14) To construct, reconstruct, extend, and maintain district heating systems.

(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection systems in existing buildings, but only upon a petition pursuant to section 429.031, subdivision 3.

(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway sound barriers.

(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution facilities owned by a municipal gas or electric utility.

(18) To purchase, install, and maintain signs, posts, and other markers for addressing related to the operation of enhanced 911 telephone service."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "expanding definitions of municipality and improvement and expanding a list of authorized improvements;" and delete "section" and insert "sections"

Page 1, line 5, delete "subdivision" and insert "subdivisions" and after "2a" insert "and 5; and 429.021, subdivision 1"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Goodno from the Committee on Health and Human Services Finance to which was referred:

H. F. No. 2630, A bill for an act relating to health; appropriating money to fund capital improvements for organ, eye, and tissue donation initiatives.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

The report was adopted.


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Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2670, A bill for an act relating to human services; allowing certain individuals to simultaneously receive family support grants and community-based waivered services; setting a floor for family support grants; amending Minnesota Statutes 1998, section 252.32, subdivisions 1a and 3.

Reported the same back with the following amendments:

Page 1, lines 18 to 26, delete the new language

Page 2, lines 1 and 2, delete the new language

Page 2, after line 2, insert:

"Families receiving grants who will be receiving home and community-based waiver services for persons with mental retardation or a related condition for their family member within the grant year, and who have ongoing payments for environmental or vehicle modifications which have been approved by the county as a grant expense and would have qualified for payment under this waiver may receive a one-time grant payment from the commissioner to reduce or eliminate the principal of the remaining debt for the modifications, not to exceed the maximum amount allowable for the remaining years of eligibility for a family support grant. The commissioner is authorized to use up to $20,000 annually from the grant appropriation for this purpose. Any amount unexpended at the end of the grant year shall be allocated by the commissioner in accordance with subdivision 3a, paragraph (b), clause (2)."

Page 3, line 15, reinstate the stricken language

Page 3, line 17, reinstate the stricken language and delete the new language

Page 3, lines 18 and 19, delete the new language

Amend the title as follows:

Page 1, line 3, after "receive" insert "a one-time"

Page 1, line 4, delete "grants" and insert "grant"

Page 1, line 5, delete "floor" and insert "maximum"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2671, A bill for an act relating to human services; mental retardation protection; requiring legislative recommendations.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.


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Mares from the Committee on Education Policy to which was referred:

S. F. No. 86, A bill for an act relating to education; providing for technical and other changes to kindergarten through grade 12 education provisions; amending Minnesota Statutes 1998, sections 120B.05; 120B.11, subdivision 5; 121A.25, subdivision 1; 123A.22, subdivisions 6 and 7; 123A.27; 123A.48, subdivision 19; 123A.485, subdivision 1; 123B.14, subdivision 5; 123B.31; 123B.70, subdivision 1; 123B.86, subdivision 1; 123B.88, subdivisions 1, 13, and 22; 123B.95, subdivision 2; 124D.11, subdivision 5; 124D.114; 124D.21; 124D.38, subdivision 9; 124D.40; 124D.41; 124D.42, subdivisions 4, 6, and 7; 124D.43; 124D.45, subdivisions 1 and 2; 124D.454, subdivision 8; 124D.53, subdivision 2; 124D.61; 124D.70; 124D.81, subdivision 1; 124D.83, subdivision 2; 124D.895; 124D.896; 125A.62, subdivision 1; 125A.77, subdivision 1; 125A.79, subdivision 1; 126C.05, subdivisions 4 and 5; 126C.10, subdivision 9; 126C.14; 126C.15, subdivision 3; 126C.16, subdivisions 1 and 2; 126C.22, subdivision 4; 126C.41, subdivision 1; 126C.44; 126C.48, subdivisions 2 and 5; 127A.41, subdivision 1; 127A.45, subdivision 13; and 127A.49, subdivisions 2 and 3; Laws 1998, chapter 398, article 5, section 50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120A; repealing Minnesota Statutes 1998, sections 123B.92, subdivision 10; 124D.128, subdivision 4; 124D.38, subdivision 10; and 124D.45, subdivision 3; Laws 1995, First Special Session chapter 3, article 5, section 9; Laws 1997, chapter 192, section 19.

Reported the same back with the following amendments:

Pages 1 to 3, delete section 2

Page 5, line 12, delete "1998" and insert "1999 Supplement"

Page 5, line 33, delete "state board of education" and insert "commissioner of children, families, and learning"

Page 18, line 7, delete "1998" and insert "1999 Supplement"

Page 18, line 13, delete "school-to-work" and insert "transition"

Page 18, line 16, delete "state board" and insert "commissioner"

Page 19, delete section 33

Page 19, line 27, delete "1998" and insert "1999 Supplement"

Page 19, line 30, delete "state board of education" and insert "commissioner of children, families, and learning"

Page 20, line 6, delete "state board" and insert "commissioner"

Pages 23 to 27, delete sections 38 to 43 and insert:

"Sec. 36. Minnesota Statutes 1999 Supplement, section 125A.79, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For the purposes of this section, the definitions in this subdivision apply.

(a) "Unreimbursed special education cost" means the sum of the following:

(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and transportation services eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and 125A.65 for services eligible for revenue under sections section 125A.76, subdivision 2, and 124.3202, subdivision 1; minus

(3) revenue for teachers' salaries, contracted services, supplies, and equipment under sections 124.3202 and 124A.76 section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services eligible for revenue under sections 124.3202, subdivision 1, and 124A.76 section 125A.76, subdivision 2.

(b) "General revenue" means for fiscal year 1996, the sum of the general education revenue according to section 126C.10, subdivision 1, as adjusted according to section 127A.47, subdivision 7, plus the total referendum revenue according to section 126C.17, subdivision 4. For fiscal years 1997 and later, "general revenue" means the sum of the general education revenue according to section 126C.10, subdivision 1, as adjusted according to section 127A.47, subdivisions 7 and 8, plus the total referendum revenue minus transportation sparsity revenue minus total operating capital revenue.


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(c) "Average daily membership" has the meaning given it in section 126C.05.

(d) "Program growth factor" means 1.044 for fiscal year 2002 and 1.02 for fiscal year 2003 and later.

Sec. 37. Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 9, is amended to read:

Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's supplemental revenue allowance for fiscal year 1994 and later fiscal years equals the district's supplemental revenue for fiscal year 1993 divided by the district's 1992-1993 resident pupil units.

(b) A district's supplemental revenue allowance is reduced for fiscal year 1995 and later according to subdivision 12.

(c) A district's supplemental revenue equals the supplemental revenue allowance, if any, times its adjusted marginal cost pupil units for that year.

(d) A district may cancel its supplemental revenue by notifying the commissioner of education prior to June 30, 1994. A district that is reorganizing under section 122A.35 123A.35, 123A.46, or 123A.48 may cancel its supplemental revenue by notifying the commissioner of children, families, and learning before July 1 of the year of the reorganization. If a district cancels its supplemental revenue according to this paragraph, its supplemental revenue allowance for fiscal year 1993 for purposes of subdivision 12 and section 124A.03, subdivision 3b, equals zero."

Page 28, delete section 45 and insert:

"Sec. 39. Minnesota Statutes 1999 Supplement, section 126C.15, subdivision 3, is amended to read:

Subd. 3. [RECOMMENDATION.] A school site decision-making team, as defined in section 123B.04, subdivision 3 2, paragraph (a), or the instruction and curriculum advisory committee under section 120B.11, if the school has no school site decision team, shall recommend how the compensatory education revenue will be used to carry out the purpose of this section."

Page 28, line 28, delete "1998" and insert "1999 Supplement"

Page 29, line 18, delete "state board of education" and insert "commissioner of children, families, and learning"

Pages 31 and 32, delete section 50 and insert:

"Sec. 44. Minnesota Statutes 1999 Supplement, section 126C.44, is amended to read:

126C.44 [CRIME-RELATED COSTS LEVY.]

Each district may make a levy on all taxable property located within the district for the purposes specified in this subdivision. The maximum amount which may be levied for all costs under this subdivision shall be equal to $1.50 multiplied by the population of the school district. For purposes of this subdivision, "population" of the school district means the same as contained in section 275.14. The proceeds of the levy must be used for directly funding the following purposes or for reimbursing the cities and counties who contract with the district for the following purposes: (1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison services in the district's middle and secondary schools; (2) to pay the costs for a drug abuse prevention program as defined in Minnesota Statutes 1991 Supplement, section 609.101, subdivision 3, paragraph (f) (e), in the elementary schools; (3) to pay the costs for a gang resistance education training curriculum in the middle schools; or (4) to pay the costs for other crime prevention and drug abuse and violence prevention measures taken by the school district. The district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries. The levy authorized under this subdivision is not included in determining the school district's levy limitations."


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Pages 33 to 36, delete sections 54 to 56 and insert:

"Sec. 48. Minnesota Statutes 1999 Supplement, section 127A.45, subdivision 13, is amended to read:

Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in subdivisions 11, 12, 12a, and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124B, 124D, 125A, 125B, 126C, 134, and section 273.1392, shall be paid at 90 percent of the estimated entitlement during the fiscal year of the entitlement. The final adjustment payment, according to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual data, minus the payments made during the fiscal year of the entitlement."

Page 37, line 14, delete "prior to July 1, 1998,"

Page 37, lines 25 and 26, delete "123B.92, subdivision 10;"

Page 37, line 32, delete "49" and insert "43"

Page 37, line 33, delete "37" and insert "35"

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to education; providing for technical and other changes to kindergarten through grade 12 education provisions; amending Minnesota Statutes 1998, sections 120B.11, subdivision 5; 121A.25, subdivision 1; 123A.22, subdivisions 6 and 7; 123A.48, subdivision 19; 123A.485, subdivision 1; 123B.14, subdivision 5; 123B.31; 123B.70, subdivision 1; 123B.86, subdivision 1; 123B.88, subdivisions 1, 13, and 22; 123B.95, subdivision 2; 124D.11, subdivision 5; 124D.114; 124D.21; 124D.38, subdivision 9; 124D.40; 124D.41; 124D.42, subdivisions 4, 6, and 7; 124D.43; 124D.45, subdivisions 1 and 2; 124D.53, subdivision 2; 124D.61; 124D.83, subdivision 2; 124D.895; 124D.896; 126C.14; 126C.16, subdivisions 1 and 2; 126C.41, subdivision 1; 126C.48, subdivisions 2 and 5; and 127A.41, subdivision 1; Minnesota Statutes 1999 Supplement, sections 123A.27; 124D.454, subdivision 8; 124D.81, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivision 9; 126C.15, subdivision 3; 126C.22, subdivision 4; 126C.44; and 127A.45, subdivision 13; Laws 1998, chapter 398, article 5, section 50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120A; repealing Minnesota Statutes 1998, sections 124D.128, subdivision 4; 124D.38, subdivision 10; and 124D.45, subdivision 3; Laws 1995, First Special Session chapter 3, article 5, section 9; Laws 1997, chapter 192, section 19."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 2489, 2670 and 2671 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 86 was read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Abrams introduced:

H. F. No. 2938, A bill for an act relating to taxation; providing a sales tax rebate payable in 2000; extending the 1999 sales tax rebate to certain taxpayers; limiting the amount of the passenger automobile registration tax; extending levy limits for one year; making certain changes in health care premium taxes; providing for tax relief and reform; appropriating money; amending Minnesota Statutes 1998, sections 60A.15, subdivision 1; 168.013, subdivision 1a; and 275.72, subdivision 1; Minnesota Statutes 1999 Supplement, sections 16A.1522, subdivisions 1, 4, and by adding subdivisions; 275.71, subdivisions 2, 3, and 4; Laws 1997, chapter 231, article 3, section 9, as amended; Laws 1998, chapter 389, article 4, sections 14, subdivision 2; and 18; and Laws 1999, chapter 243, article 1, section 2; article 6, sections 12, subdivision 4; 13, subdivision 2; and 18; repealing Minnesota Statutes 1998, section 16A.1521.

The bill was read for the first time and referred to the Committee on Taxes.

Rhodes, Stanek, Holberg, McGuire, Haake, Fuller, Westerberg and Wenzel introduced:

H. F. No. 2939, A bill for an act relating to juveniles; providing for adult court jurisdiction over certain juvenile offenders who are accused of committing a serious crime with a firearm; amending Minnesota Statutes 1999 Supplement, sections 260B.007, subdivision 6; 260B.103, subdivision 1; 260B.125, subdivision 5; 609.055, subdivision 2; and 641.14.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Workman introduced:

H. F. No. 2940, A bill for an act relating to the environment; modifying the drycleaner environmental response and reimbursement law; amending Minnesota Statutes 1998, section 115B.49, subdivision 4, as amended, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Daggett; Abrams; McElroy; Van Dellen; Kuisle; Clark, J.; Harder; Seifert, M.; Buesgens; Knoblach; Dorman; Erickson; Dehler; Paulsen; Haas; Abeler; Seifert, J.; Larsen, P.; Mulder; Wilkin; Boudreau; Smith; Rifenberg; Erhardt; Gunther; Hackbarth and Lenczewski introduced:

H. F. No. 2941, A bill for an act relating to taxation; reducing the rates of individual income tax; providing a subtraction for health insurance premiums; changing the corporate franchise tax apportionment formulas; amending Minnesota Statutes 1999 Supplement, sections 290.01, subdivision 19b; 290.06, subdivisions 2c and 2d; 290.0675, subdivisions 2 and 3; 290.091, subdivisions 1, 2, and 6; and 290.191, subdivisions 2 and 3.

The bill was read for the first time and referred to the Committee on Taxes.


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Daggett, Davids, Smith, Wolf, Gunther and Clark, J., introduced:

H. F. No. 2942, A bill for an act relating to consumer protection; requiring telephone solicitors to register with the secretary of state; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Commerce.

Lenczewski introduced:

H. F. No. 2943, A bill for an act relating to insurance; permitting automobile insurance to limit payment for glass damage to the net cost incurred by the insured; amending Minnesota Statutes 1998, sections 65B.134; and 72A.201, subdivision 6.

The bill was read for the first time and referred to the Committee on Commerce.

Swenson and Kubly introduced:

H. F. No. 2944, A bill for an act relating to capital investment; amending a grant purpose to the McLeod West school district No. 2887; amending Laws 1998, chapter 404, section 5, subdivision 11, as amended.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Sykora, Tingelstad, Sviggum and Larsen, P., introduced:

H. F. No. 2945, A bill for an act relating to child protection; providing for immunity and anonymity when leaving an unharmed newborn at a hospital emergency room; providing for procedures to be followed by hospitals, local welfare agencies, and law enforcement; amending Minnesota Statutes 1998, section 609.378, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 626.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Lenczewski introduced:

H. F. No. 2946, A bill for an act relating to taxation; extending certain dates relating to the sales tax rebate; appropriating money; amending Laws 1999, chapter 243, article 1, section 2.

The bill was read for the first time and referred to the Committee on Taxes.

Lenczewski introduced:

H. F. No. 2947, A bill for an act relating to taxation; sales and use tax; exempting sales to political subdivision of a state; amending Minnesota Statutes 1998, section 297A.47; Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 11.

The bill was read for the first time and referred to the Committee on Taxes.


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Lenczewski introduced:

H. F. No. 2948, A bill for an act relating to taxes; sales and use tax; reducing the rate; amending Minnesota Statutes 1998, section 297A.02, subdivision 1.

The bill was read for the first time and referred to the Committee on Taxes.

Holsten, Workman, Howes, Osthoff and Bakk introduced:

H. F. No. 2949, A bill for an act relating to waste management; creating a separate account for revenue from solid waste management taxes; providing for an excess revenue adjustment; amending Minnesota Statutes 1998, sections 115A.554; 115A.918, subdivision 1; and 297H.13, subdivisions 1, 2, and 4; repealing Minnesota Statutes 1998, sections 115A.929; 115A.981; and 297H.13, subdivision 6.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Bishop, Bradley, Pelowski and Carlson introduced:

H. F. No. 2950, A bill for an act relating to capital improvements; appropriating money to the board of trustees of the Minnesota state colleges and universities to design, construct, and renovate horticultural facilities at university center Rochester; authorizing state bonds.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

McCollum; Pugh; Lieder; Anderson, I.; Osthoff; Kalis; Smith; Ozment; Lindner; Anderson, B.; Gunther; Dempsey; Mulder; Westfall; Cassell; Rostberg; Sviggum; Biernat; Kubly; Luther; Juhnke; Mahoney; Folliard; Otremba; Koskinen; Greiling; Milbert; Swapinski; Gleason; Rhodes; Larson, D.; Jennings; Hasskamp and Chaudhary introduced:

H. F. No. 2951, A bill for an act relating to capital improvements; authorizing bonds and appropriating money for maintenance and repairs on the campuses of Minnesota veterans homes.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

Workman introduced:

H. F. No. 2952, A bill for an act relating to transportation; providing for advertising and receiving highway construction and maintenance bids over the Internet; allowing interest on repayment of money advanced to department of transportation for interregional transportation corridor development; modifying provisions for speed limits in highway work zones; transferring responsibility for distributing certain funds for highway safety to commissioner of public safety; transferring responsibilities from transportation regulation board to commissioner of transportation; making technical and clarifying changes; modifying provisions relating to statewide communications system; providing for fees; amending Minnesota Statutes 1998, sections 161.32, subdivisions 1, 1a, 1b, and 1e; 169.14, subdivision 5d; 174.02, subdivisions 4 and 5; 174.10, subdivisions 1, 3, and 4; 174A.02, subdivisions 1 and 2; 174A.04; 219.402; Minnesota Statutes 1999 Supplement, sections 171.29, subdivision 2; 174.70, subdivisions 2 and 3; 174A.02, subdivision 4; 174A.06; 221.031, subdivision 1; amending Laws 1999, chapter 238, article 1, section 2, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 161; repealing Minnesota Statutes 1998, sections 174A.01; 174A.02, subdivision 5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; 222.633; Minnesota Statutes 1999 Supplement, section 174.70, subdivision 1; Minnesota Rules, part 8850.6900.

The bill was read for the first time and referred to the Committee on Transportation Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5601

Workman introduced:

H. F. No. 2953, A bill for an act relating to motor vehicles; modifying vehicle registration and titling provisions; modifying vehicle registration plate impoundment provisions; modifying interstate commercial vehicle registration provisions to conform to interstate registration plan; making technical and clarifying changes; amending Minnesota Statutes 1998, sections 168.012, subdivision 7; 168.013, by adding a subdivision; 168.017, subdivision 3; 168.042, subdivisions 1, 2, 9, 12, and by adding a subdivision; 168.09, subdivision 6; 168.1235, subdivisions 1 and 4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, subdivision 4; 168.33, subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; and 171.20, subdivision 4; Minnesota Statutes 1999 Supplement, sections 168.15, subdivision 1; 168.16; and 171.29, subdivision 2; repealing Minnesota Statutes 1998, section 168.1292.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Pelowski introduced:

H. F. No. 2954, A bill for an act relating to data practices; law enforcement records; modifying instances when a law enforcement agency must provide notice to a school chemical abuse preassessment team; amending Minnesota Statutes 1998, section 121A.28.

The bill was read for the first time and referred to the Committee on Civil Law.

Davids and Leighton introduced:

H. F. No. 2955, A bill for an act relating to the environment; appropriating money to complete the Shooting Star trail; authorizing state bonds.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Tingelstad, Erhardt and McCollum introduced:

H. F. No. 2956, A bill for an act relating to natural resources; appropriating money and authorizing bonds for expansion of the Raptor Center.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Kuisle, Winter, Peterson, Harder and Daggett introduced:

H. F. No. 2957, A bill for an act relating to taxation; providing a direct sales tax exemption for materials and supplies used to construct certain correctional facilities; amending Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 11; repealing Minnesota Statutes 1998, section 297A.15, subdivision 7.

The bill was read for the first time and referred to the Committee on Taxes.

Mahoney; Larson, D.; Smith and Haake introduced:

H. F. No. 2958, A bill for an act relating to crime; providing that a person may be charged with escape from custody when they escape after lawful arrest but prior to the commencement of trial proceedings; amending Minnesota Statutes 1998, section 609.485, subdivision 2; Minnesota Statutes 1999 Supplement, section 609.485, subdivision 4.

The bill was read for the first time and referred to the Committee on Crime Prevention.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5602

Sykora, Bradley, Mulder, Chaudhary and Dorn introduced:

H. F. No. 2959, A bill for an act relating to child care licensing; establishing a new classification of child care worker for child care centers; amending Minnesota Statutes 1998, section 245A.14, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Skoe and Howes introduced:

H. F. No. 2960, A bill for an act relating to education finance; authorizing a facilities grant for independent school district No. 309, Park Rapids; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Skoe introduced:

H. F. No. 2961, A bill for an act relating to education; authorizing state bonds; appropriating money for a new school facility for independent school district No. 25, Pine Point.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Haas, Tingelstad and Holsten introduced:

H. F. No. 2962, A bill for an act relating to natural resources; providing for seizure and administrative forfeiture of certain firearms and abandoned property; modifying authority to issue trespass citations; modifying provisions for forfeited vehicles; modifying definition of peace officer; providing civil penalties; appropriating money; amending Minnesota Statutes 1998, sections 97B.002, subdivision 1; and 609.5312, subdivision 4; Minnesota Statutes 1999 Supplement, sections 169.1217, subdivision 9; and 169.123, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97A.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Peterson, Kubly, Juhnke and Mulder introduced:

H. F. No. 2963, A bill for an act relating to crime prevention; appropriating money for drug task force education measures.

The bill was read for the first time and referred to the Committee on Judiciary Finance.

Pugh; Larson, D.; McGuire; Hasskamp; Koskinen and Chaudhary introduced:

H. F. No. 2964, A bill for an act relating to motor vehicles; reducing rate of additional registration tax on passenger automobiles and hearses; providing for distribution of revenue from motor vehicle sales tax; making clarifying changes and removing obsolete language; amending Minnesota Statutes 1998, sections 168.013, subdivision 1a; and 297B.09, subdivision 1.

The bill was read for the first time and referred to the Committee on Transportation Policy.


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Bakk introduced:

H. F. No. 2965, A bill for an act relating to natural resources; appropriating money and authorizing bonds for harbor of refuge facilities development at Two Harbors.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Gunther, Westfall, Gray and Harder introduced:

H. F. No. 2966, A bill for an act relating to capital improvements; appropriating money for multicultural development grants; authorizing state bonds.

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

Seifert, J.; Abeler; Goodno; Huntley and Bradley introduced:

H. F. No. 2967, A bill for an act relating to human services; providing a wage increase for certain employees; appropriating money; amending Minnesota Statutes 1998, section 256B.501, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 256B.431, subdivision 28; Laws 1999, chapter 245, article 1, section 2, subdivision 8.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Mullery, Skoglund, McCollum, Leighton and Rhodes introduced:

H. F. No. 2968, A bill for an act relating to veterans homes; providing sales tax rebates are not income for the support test for residents; amending Minnesota Statutes 1998, section 198.03, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Tuma introduced:

H. F. No. 2969, A bill for an act relating to accountants; modifying licensing requirements; amending Minnesota Statutes 1998, section 326.19, subdivisions 1, 2, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

Lenczewski, Opatz, Skoe, Wenzel, Marko and Carlson introduced:

H. F. No. 2970, A bill for an act relating to human services; expanding eligibility for the senior drug program; appropriating money; amending Minnesota Statutes 1998, section 256.955, subdivisions 1 and 2; Minnesota Statutes 1999 Supplement, section 256.955, subdivisions 4, 8, and 9.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5604

Tuma, Mares and Wenzel introduced:

H. F. No. 2971, A bill for an act relating to retirement; teachers retirement association; allowing the purchase of service credit for private American schools located in foreign countries; amending Minnesota Statutes 1999 Supplement, section 354.536, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Jaros, Huntley and Swapinski introduced:

H. F. No. 2972, A bill for an act relating to retirement; general state employees retirement plan of the Minnesota state retirement system and public employees retirement association; authorizing the purchase of prior and uncredited interim military service credit; amending Minnesota Statutes 1999 Supplement, section 353.01, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 352.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Davids and Entenza introduced:

H. F. No. 2973, A bill for an act relating to financial institutions; regulating certain loan charges and payments; making various technical changes; amending Minnesota Statutes 1998, sections 47.59, subdivisions 7, 10, and by adding a subdivision; 47.60, subdivision 2; 48.56; 56.131, subdivision 4; 58.02, subdivision 10; 58.04, subdivisions 2 and 3; 58.05, by adding a subdivision; 58.08, as amended; 58.10, subdivision 1; and 168.72, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 58.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 58; repealing Minnesota Statutes 1998, sections 58.02, subdivision 15; and 58.05, subdivision 2; Minnesota Rules, part 2675.4180.

The bill was read for the first time and referred to the Committee on Commerce.

Davids and Entenza introduced:

H. F. No. 2974, A bill for an act relating to insurance; conforming state statutes to the National Association of Insurance Commissioners model legislation providing uniform accounting principles; amending Minnesota Statutes 1998, sections 60A.11, subdivision 22; 60A.12, subdivision 5; 60A.121, subdivision 9, and by adding subdivisions; 60A.123; 60A.129, subdivisions 3 and 5; and 66A.16, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Statutes 1998, sections 60A.12, subdivisions 1, 3, 4, 7, 8, and 9; 60A.125, subdivision 3; and 60A.128.

The bill was read for the first time and referred to the Committee on Commerce.

Rukavina, McElroy, Bakk, Tomassoni and Solberg introduced:

H. F. No. 2975, A bill for an act relating to reemployment insurance; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.

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


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5605

Hilty; Murphy; Greenfield; Clark, K., and Huntley introduced:

H. F. No. 2976, A bill for an act relating to health; appropriating money for a youth alcohol treatment facility.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

Peterson, Davids, Ozment, Holsten, Dorn and Kubly introduced:

H. F. No. 2977, A bill for an act relating to natural resources; creating state parks account and citizens council; modifying disposition of lottery ticket in lieu taxes; amending Minnesota Statutes 1998, sections 297A.259; and 297A.44, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 85.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Haas introduced:

H. F. No. 2978, A bill for an act relating to natural resources; modifying age requirement for certain reduced state park fees; amending Minnesota Statutes 1998, section 85.052, subdivision 3.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Abeler introduced:

H. F. No. 2979, A bill for an act relating to retirement; modifying the definition of "compensation" for purposes of limitations on public employment retirement annuities; amending Minnesota Statutes 1999 Supplement, section 356.61.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Haas, Bakk, Ozment, Milbert, Hackbarth, Howes, Gunther, Paulsen, Cassell, Nornes, Fuller, Westfall, Westrom, Finseth and Tunheim introduced:

H. F. No. 2980, A bill for an act relating to game and fish; modifying certain angling seasons.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Rostberg; Gleason; Anderson, B.; Dehler and Osskopp introduced:

H. F. No. 2981, A bill for an act relating to public employment; adding certain supervisory or confidential employees to the list of employees who may be represented by the same exclusive representative that represents employees who are not supervisory or confidential; amending Minnesota Statutes 1999 Supplement, section 179A.06, subdivision 2.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5606

Koskinen, Greenfield, Chaudhary, Luther, Otremba and Clark, K., introduced:

H. F. No. 2982, A bill for an act relating to human services; expanding eligibility for the senior drug program by eliminating the age and asset limits; requiring a simplified application form; appropriating money; amending Minnesota Statutes 1998, section 256.955, subdivisions 1 and 2; Minnesota Statutes 1999 Supplement, section 256.955, subdivisions 4, 8, and 9.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Nornes, Westfall, Wenzel, Cassell and Westrom introduced:

H. F. No. 2983, A bill for an act relating to human services; establishing minimum wages in community nursing facilities equal to the starting wage at the Minnesota veterans homes; appropriating money; amending Minnesota Statutes 1998, section 256B.431, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Abrams, Osthoff, Sykora, Holsten and Gray introduced:

H. F. No. 2984, A bill for an act relating to natural resources; appropriating money for the acquisition of a public access site on Lake Minnetonka; authorizing state bonds.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Rukavina, Abrams, Bakk, Tomassoni and Solberg introduced:

H. F. No. 2985, A bill for an act relating to taxation; changing the calculation of property tax levy limits to eliminate deduction for certain mining tax distributions; amending Minnesota Statutes 1999 Supplement, section 275.71, subdivision 4.

The bill was read for the first time and referred to the Committee on Taxes.

Kubly, Skoe, Juhnke, Peterson, Otremba, Pugh, Winter and Kelliher introduced:

H. F. No. 2986, A bill for an act relating to agriculture; appropriating money for the farm advocates program.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Finance.

Pelowski, Bishop and Rifenberg introduced:

H. F. No. 2987, A bill for an act relating to higher education; capital improvements; appropriating money to the Minnesota state colleges and universities for projects at Winona State University.

The bill was read for the first time and referred to the Committee on Higher Education Finance.


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Harder; Dorman; Swenson; Tuma; Daggett; Gunther; Holberg; Smith; Clark, J.; Erickson; Kuisle; Buesgens; Haake; Nornes; Abeler and Tingelstad introduced:

H. F. No. 2988, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 1998, section 297A.47; Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 11.

The bill was read for the first time and referred to the Committee on Taxes.

Harder; Kalis; Gunther; Seifert, M.; Clark, J., and Dorman introduced:

H. F. No. 2989, A bill for an act relating to agriculture; providing funding for research in farm pollution run-off; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Finance.

Lenczewski; Pugh; Larson, D.; Stanek; McGuire; Koskinen and Mullery introduced:

H. F. No. 2990, A bill for an act relating to crime; providing felony penalties for persons who violate a harassment restraining order with intent to influence or otherwise tamper with a law enforcement investigation or with intent to retaliate against a peace officer; amending Minnesota Statutes 1998, section 609.748, subdivision 6.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Swenson; Clark, J.; Storm; Dorman; Peterson; Dorn and Wenzel introduced:

H. F. No. 2991, A bill for an act relating to natural resources; adding to and deleting from state parks; amending Minnesota Statutes 1998, section 85.012, subdivision 32a.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Bradley, Boudreau, Nornes, Mulder and Sykora introduced:

H. F. No. 2992, A bill for an act relating to human services; expanding exclusions from child care licensing; amending Minnesota Statutes 1998, section 245A.03, subdivisions 2, 2b, and 4.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Skoglund, Bishop, Stanek, Koskinen and Larsen, P., introduced:

H. F. No. 2993, A bill for an act relating to crime; protecting the public by allowing disclosure of certain information about offenders who are out of compliance with the predatory offender registration law; amending Minnesota Statutes 1998, section 243.166, subdivision 7, and by adding a subdivision; Minnesota Statutes 1999 Supplement, section 243.166, subdivisions 2 and 4.

The bill was read for the first time and referred to the Committee on Crime Prevention.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5608

Fuller, Mulder, Huntley and Bradley introduced:

H. F. No. 2994, A bill for an act relating to health; modifying ambulance service and EMT requirements; amending Minnesota Statutes 1999 Supplement, sections 144E.101, subdivision 9; 144E.28, subdivisions 5 and 7; 144E.285, subdivisions 1 and 4; 144E.29; 144E.305, subdivisions 1 and 2; and 144E.50, subdivision 6; repealing Minnesota Rules, parts 4690.0100, subpart 28; 4690.3500; 4690.7900, subpart 2; and 4735.5100.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Fuller; Stanek; Skoglund; Larsen, P.; Mahoney; Broecker and Smith introduced:

H. F. No. 2995, A bill for an act relating to crime prevention; recodifying the driving while impaired crimes and related provisions; making numerous clarifying, technical, and substantive changes in the pursuit of simplification; amending Minnesota Statutes 1998, section 629.471; Minnesota Statutes 1999 Supplement, sections 260B.171, subdivision 7; 260B.225, subdivision 4; and 609.035, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 169A; repealing Minnesota Statutes 1998, sections 168.042; 169.01, subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217, subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 169.1261; 169.1265; 169.128; and 169.129, subdivision 3; Minnesota Statutes 1999 Supplement, sections 169.121, subdivisions 1c, 3, 3d, 3f, and 4; 169.1217, subdivisions 1, 7, 7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and 5c; and 169.129, subdivision 1.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Wolf, Jennings and Gunther introduced:

H. F. No. 2996, A bill for an act relating to utilities; requiring electric utilities to provide cost and fuel source information to utility customers; proposing coding for new law in Minnesota Statutes, chapter 216B.

The bill was read for the first time and referred to the Committee on Commerce.

Haas introduced:

H. F. No. 2997, A bill for an act relating to insurance; fraternal benefit societies; regulating the terms of certain board members; amending Minnesota Statutes 1998, section 64B.03.

The bill was read for the first time and referred to the Committee on Commerce.

Broecker introduced:

H. F. No. 2998, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land that borders public water in Ramsey county.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5609

Mares and Wenzel introduced:

H. F. No. 2999, A bill for an act relating to retirement; providing a health care reimbursement plan for certain state retirement plan participants; proposing coding for new law as Minnesota Statutes, chapter 352G.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Seifert, M.; Rhodes; Dehler; Clark, J.; Wenzel; Harder; Boudreau; Nornes; McElroy; Howes; Cassell; Erickson; Sviggum; Kielkucki; Gerlach; Storm; Workman; Swenson; Finseth; Stang; Abeler; Rifenberg; Rostberg; Anderson, B.; Osskopp; Carlson; Krinkie; Reuter; Ness and Bradley introduced:

H. F. No. 3000, A bill for an act relating to state government; providing for sunset of administrative rules; authorizing legislative governmental operations committees to formally object to administrative rules; amending Minnesota Statutes 1998, section 3.842, subdivision 4a; proposing coding for new law in Minnesota Statutes, chapter 14.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Milbert, Davids, Vandeveer, Sviggum and Pugh introduced:

H. F. No. 3001, A bill for an act relating to insurance; fire; regulating failure to provide timely proof of loss; amending Minnesota Statutes 1998, section 65A.01, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 65A.01, subdivision 3.

The bill was read for the first time and referred to the Committee on Commerce.

Hasskamp, Howes and Wenzel introduced:

H. F. No. 3002, A bill for an act relating to natural resources; appropriating money for a trailside information center.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Stanek and Skoglund introduced:

H. F. No. 3003, A bill for an act relating to corrections; authorizing creation of a fugitive apprehension unit in the department of corrections; proposing coding for new law in Minnesota Statutes, chapter 241.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Solberg introduced:

H. F. No. 3004, A bill for an act relating to taxation; sales and use; exempting sales of maple syrup harvesting and production equipment; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5610

Pelowski introduced:

H. F. No. 3005, A bill for an act relating to higher education; capital improvements; appropriating money to the Minnesota state colleges and universities for projects at Winona State University.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

Mares introduced:

H. F. No. 3006, A bill for an act relating to crime prevention; providing for community notification for certain high-risk juvenile sex offenders; requiring juvenile courts to retain jurisdiction over certain juvenile sex offenders for a specified period of time; clarifying that courts may not modify statutory sex offender registration requirements in the best interests of the child; appropriating money; amending Minnesota Statutes 1999 Supplement, sections 260B.130, by adding a subdivision; 260B.193, by adding a subdivision; and 260B.198, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 244.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Mares introduced:

H. F. No. 3007, A bill for an act relating to education; providing for expanded equalization of safety and health levy; expanding the use of health and safety revenue to include student safety; amending Minnesota Statutes 1999 Supplement, section 123B.57, subdivisions 4 and 6.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Koskinen; Pugh; Otremba; Lenczewski; Larson, D.; McGuire; Luther; Hasskamp; Biernat; Mullery; Greiling; Leighton; Schumacher; Solberg; Larsen, P.; Skoglund; Skoe; Wenzel; Clark, K.; McCollum and Leppik introduced:

H. F. No. 3008, A bill for an act relating to public health; providing that a person who leaves an unharmed newborn child at a hospital may not be prosecuted; providing for duties to be undertaken by a hospital when accepting an unharmed newborn child; providing immunity from liability for hospitals and their personnel when carrying out those duties; proposing coding for new law in Minnesota Statutes, chapters 145; and 609.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Skoglund and Wagenius introduced:

H. F. No. 3009, A bill for an act relating to firearms; prohibiting a person from transferring a pistol or semiautomatic military-style assault weapon at a gun show without first conducting a background check on the transferee; amending Minnesota Statutes 1998, section 624.7132, subdivision 12.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Skoglund introduced:

H. F. No. 3010, A bill for an act relating to crime prevention; providing that predatory offender registration law applies retroactively to certain offenders; amending Minnesota Statutes 1998, section 243.166, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Crime Prevention.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5611

Swenson; Kubly; Seifert, M.; Clark, J., and Winter introduced:

H. F. No. 3011, A bill for an act relating to capital improvements; authorizing issuance of state bonds for the rail service improvement program; appropriating money.

The bill was read for the first time and referred to the Committee on Transportation Finance.

Ozment, Dempsey, Holberg, Gerlach and Milbert introduced:

H. F. No. 3012, A bill for an act relating to natural resources; creating a snowmobile trails grant-in-aid pilot program in Dakota county; amending Minnesota Statutes 1998, section 84.83, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Anderson, I.; Skoe; Lieder; Kalis and Juhnke introduced:

H. F. No. 3013, A bill for an act relating to education; providing for minimum secondary and elementary sparsity revenue; amending Minnesota Statutes 1998, section 126C.10, by adding subdivisions.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Fuller, Howes, Skoe and Lieder introduced:

H. F. No. 3014, A bill for an act relating to education; approving maximum effort capital loans for certain school districts; authorizing the sale of bonds; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Peterson introduced:

H. F. No. 3015, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of Clara City for water quality improvement; authorizing issuance of bonds; appropriating money.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Stang introduced:

H. F. No. 3016, A bill for an act relating to hospital districts; authorizing the annexation of a city or town that is contiguous to a contiguous city or town; amending Minnesota Statutes 1998, section 447.36.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Biernat; Rhodes; Anderson, B.; McCollum and Greiling introduced:

H. F. No. 3017, A bill for an act relating to veterans; authorizing the placement of a plaque on the capitol grounds recognizing the service of Minnesota's members of the merchant marine during World War II.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.


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Entenza, Mariani, Wagenius, Hausman and McCollum introduced:

H. F. No. 3018, A bill for an act relating to education finance; establishing funding for voluntary, full-day kindergarten; appropriating money; amending Minnesota Statutes 1999 Supplement, section 126C.05, subdivision 1.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Knoblach introduced:

H. F. No. 3019, A bill for an act relating to retirement; correctional employees retirement plan of the Minnesota state retirement system; transferring general state employee retirement plan service credit to the correctional retirement plan for Phoenix treatment and behavior change program employment; amending Minnesota Statutes 1998, section 352.91, subdivision 3d.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Bradley, Greenfield, Huntley, Nornes and Boudreau introduced:

H. F. No. 3020, A bill for an act relating to human services; modifying provisions in long-term care; amending Minnesota Statutes 1998, sections 256B.411, subdivision 2; and 256B.431, subdivisions 1, 3a, 10, 11, 16, 18, 21, 22, and 25; Minnesota Statutes 1999 Supplement, sections 256B.0913, subdivision 5; 256B.431, subdivisions 17 and 26; and 256B.434, subdivisions 3 and 4; repealing Minnesota Statutes 1998, sections 256B.03, subdivision 2; 256B.431, subdivisions 2, 2a, 2f, 2h, 2m, 2p, 2q, 3, 3b, 3d, 3h, 3j, 4, 5, 7, 8, 9, 9a, 12, and 24; 256B.48, subdivision 9; 256B.50, subdivision 3; and 256B.74, subdivision 3.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Wejcman; Clark, K.; Entenza and Stanek introduced:

H. F. No. 3021, A bill for an act relating to crimes; adding persons required to report maltreatment of minors; changing the failure to report from a misdemeanor to a gross misdemeanor; including assault of uniform security personnel under fourth degree assault; amending Minnesota Statutes 1998, sections 609.2231, subdivision 2; and 626.556, subdivision 6; Minnesota Statutes 1999 Supplement, section 626.556, subdivision 3.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Westfall, Finseth, Gunther, Harder, Fuller, Swenson, Kuisle, Mulder, Stang, Dorman, Westrom, Cassell and Rifenberg introduced:

H. F. No. 3022, A bill for an act relating to agriculture; delaying the implementation and enforcement of certain animal feedlot rules.

The bill was read for the first time and referred to the Committee on Agriculture Policy.

Broecker, Osskopp, Murphy, Wenzel and Haake introduced:

H. F. No. 3023, A bill for an act relating to crime; creating the felony of gambling fraud; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

The bill was read for the first time and referred to the Committee on Crime Prevention.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5613

Daggett and Abrams introduced:

H. F. No. 3024, A bill for an act relating to taxation; making technical and administrative changes and corrections to certain tax and revenue recapture provisions; authorizing the attorney general to compromise certain fees, surcharges, and assessments; amending Minnesota Statutes 1998, sections 8.30; 270.072, subdivision 2, and by adding a subdivision; 270A.07, subdivision 1; 273.111, subdivision 3; 289A.20, subdivision 2; 289A.26, subdivision 1; 289A.60, subdivision 14; 290.01, subdivision 19c; 290.015, subdivisions 1, 3, and 4; 290.06, subdivision 22; 290.92, subdivisions 3, 28, and 29; 295.58; 296A.03, subdivision 5; 296A.21, subdivisions 2 and 3; 296A.22, subdivision 6; 297A.25, subdivision 34; 297B.03; 297F.01, subdivisions 7, 14, and by adding subdivisions; and 297F.13, subdivision 4; Minnesota Statutes 1999 Supplement, sections 270A.07, subdivision 2; 273.13, subdivision 24; 289A.20, subdivision 4; 289A.55, subdivision 9; 298.24, subdivision 1; and 477A.03, subdivision 2; Laws 1988, chapter 645, section 3, as amended; Laws 1999, chapters 112, section 1, subdivision 1; 243, articles 1, section 2; 6, section 18; repealing Minnesota Statutes 1998, sections 270.072, subdivision 5; 270.075, subdivisions 3 and 4; 270.083; 273.127; and 273.1316.

The bill was read for the first time and referred to the Committee on Taxes.

Stanek introduced:

H. F. No. 3025, A bill for an act relating to retirement; extending pension coverage to part-time metropolitan transit police officers; amending Minnesota Statutes 1998, section 353.64, subdivision 7a.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Cassell introduced:

H. F. No. 3026, A bill for an act relating to retirement; public employees police and fire plan; providing for purchase of certain service credit for prior police or salaried firefighter service; amending Minnesota Statutes 1998, section 353A.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 353.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Westfall introduced:

H. F. No. 3027, A bill for an act relating to consumer protection; requiring that items be provided free of charge in the event of price scanner errors; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Commerce.

Abrams, Sviggum and Pawlenty introduced:

H. F. No. 3028, A bill for an act relating to taxation; individual income; allowing a long-term capital gain exclusion; amending Minnesota Statutes 1999 Supplement, sections 290.01, subdivision 19b; and 290.091, subdivisions 1, 2, and 6.

The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5614

Dempsey; Larsen, P.; Broecker; Murphy; Skoglund; Westerberg; McGuire and Stanek introduced:

H. F. No. 3029, A bill for an act relating to corrections; requiring counties and the department of corrections to share the per diem cost of housing juveniles committed to the commissioner of corrections; amending Minnesota Statutes 1999 Supplement, section 242.192.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Seagren and Paulsen introduced:

H. F. No. 3030, A bill for an act relating to transportation; prohibiting trucks from Hennepin county road No. 1.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Dehler introduced:

H. F. No. 3031, A bill for an act relating to traffic regulations; authorizing school bus stops in cul-de-sacs; proposing coding for new law in Minnesota Statutes, chapter 169.

The bill was read for the first time and referred to the Committee on Transportation Policy.

McCollum and Trimble introduced:

H. F. No. 3032, A bill for an act relating to local government; adding counties to the definition of municipality for certain transportation purposes; amending Minnesota Statutes 1998, section 161.171, subdivision 4.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Dehler introduced:

H. F. No. 3033, A bill for an act relating to taxation; requiring approval by voters of certain cities and towns prior to imposition of a local sales and use tax; amending Minnesota Statutes 1999 Supplement, section 297A.48, subdivision 1a.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hackbarth introduced:

H. F. No. 3034, A bill for an act relating to capital improvements; authorizing issuance of bonds; appropriating money for capital repairs to the building headquarters of the north metro wildlife section in the Carlos Avery wildlife management area.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5615

Erickson introduced:

H. F. No. 3035, A bill for an act relating to state government; providing for the size of the legislature; providing conditions for the organization of legislative committees; limiting the service of legislature leaders; changing certain legislative terms; providing term limits; proposing an amendment to the Minnesota Constitution, articles IV, section 4; and V, sections 2 and 4; amending Minnesota Statutes 1998, section 2.021; proposing coding for new law in Minnesota Statutes, chapter 3.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Juhnke introduced:

H. F. No. 3036, A bill for an act relating to employment; requiring notice before employers may engage in electronic monitoring of employees or use such monitoring as the basis of an employment decision; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Skoglund, Koskinen, Bishop and Stanek introduced:

H. F. No. 3037, A bill for an act relating to crime; establishing jurisdiction to prosecute criminal sexual conduct offenses and solicitation to engage in sexual conduct offenses in the state where they originate or terminate; amending Minnesota Statutes 1998, section 609.352, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 609.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Mares and Holsten introduced:

H. F. No. 3038, A bill for an act relating to education; authorizing for a fund transfer for independent school district No. 832, Mahtomedi.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Daggett and Abrams introduced:

H. F. No. 3039, A bill for an act relating to taxation; providing a one-time exemption from penalty for omission of the public advertisement requirement of the truth-in-taxation process for Wadena county.

The bill was read for the first time and referred to the Committee on Taxes.

Stanek, Murphy, Dempsey, Johnson and Mares introduced:

H. F. No. 3040, A bill for an act relating to retirement; modifying the computation of the retirement annuity formula for the teachers retirement association, Minneapolis teachers retirement fund association, St. Paul teachers retirement fund association, and Duluth teachers retirement fund association coordinated members; amending Minnesota Statutes 1998, sections 354.05, subdivision 38; 354.44, subdivision 6; 354A.011, subdivision 15a; and 354A.31, subdivisions 4, 6, and 7; repealing Minnesota Statutes 1998, section 354A.31, subdivision 4a.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5616

Leppik and Davids introduced:

H. F. No. 3041, A bill for an act relating to commerce; regulating the sale, rental, discharge, and possession of paint ball guns; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Commerce.

Abrams introduced:

H. F. No. 3042, A bill for an act relating to taxation; making policy and administrative changes to certain tax provisions; amending Minnesota Statutes 1998, sections 276.19, subdivision 1; 289A.35; 290.01, by adding a subdivision; 290.17, subdivision 2; 295.50, subdivision 9b; 297F.01, subdivision 17; 297F.08, subdivisions 2, 5, 8, and 9; and 297F.21, subdivisions 1 and 3; Minnesota Statutes 1999 Supplement, sections 16D.09, subdivision 2; 270.65; 289A.02, subdivision 7; 290.01, subdivisions 19 and 31; 290.091, subdivision 2; 290A.03, subdivision 15; 291.005, subdivision 1; 295.53, subdivision 1; and 297F.08, subdivision 8a; repealing Minnesota Rules, part 8160.0300, subpart 4.

The bill was read for the first time and referred to the Committee on Taxes.

Abrams introduced:

H. F. No. 3043, A bill for an act relating to taxation; providing for a tax information sample data study; requiring certain tax preparers to file by electronic means; giving the commissioner of revenue certain temporary powers; amending Minnesota Statutes 1998, section 289A.08, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.

Dehler introduced:

H. F. No. 3044, A bill for an act relating to taxation; income; eliminating inflation protection requirement of long-term care insurance credit; amending Minnesota Statutes 1998, section 290.0672, subdivision 1.

The bill was read for the first time and referred to the Committee on Taxes.

Dehler introduced:

H. F. No. 3045, A bill for an act relating to natural resources; establishing construction, administration, and use requirements for public trails; proposing coding for new law in Minnesota Statutes, chapter 85.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Holsten introduced:

H. F. No. 3046, A bill for an act relating to game and fish; modifying certain licensing fees; appropriating money; amending Minnesota Statutes 1998, sections 97A.475, subdivisions 2, 3, 6, 7, 8, 11, 12, 13, and 20; and 97A.485, subdivision 12.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5617

Kuisle, Mullery, Smith and Pugh introduced:

H. F. No. 3047, A bill for an act relating to real property; title insurance; modifying mortgage release certificate language to include assignment of rents and profits; amending Minnesota Statutes 1998, section 507.401, subdivisions 1, 3, 6, and 7.

The bill was read for the first time and referred to the Committee on Civil Law.

Nornes, Huntley, Bradley, Abeler, Mulder, Leppik, Olson and Rifenberg introduced:

H. F. No. 3048, A bill for an act relating to human services; providing time lines for the transition to a new case-mix system based upon the federal minimum data set; requiring education and training programs and a report to the legislature; amending Minnesota Statutes 1999 Supplement, section 256B.435, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Bishop, Stanek, Skoglund, Smith and Murphy introduced:

H. F. No. 3049, A bill for an act relating to crime prevention; increasing the criminal penalty for predatory offenders who fail to comply with registration requirements and imposing a mandatory minimum prison sentence on those offenders; requiring lifetime registration for certain predatory offenders; restarting the registration period of predatory offenders who are subsequently incarcerated; requiring that predatory offenders report the addresses of second homes; requiring that a predatory offender's driving record include information regarding registration requirements; appropriating money; amending Minnesota Statutes 1998, sections 171.12, by adding a subdivision; and 243.166, subdivisions 5, 7, and by adding subdivisions; Minnesota Statutes 1999 Supplement, section 243.166, subdivisions 4 and 6.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Ness, Tomassoni, Daggett, Kuisle, Mares and Hasskamp introduced:

H. F. No. 3050, A bill for an act relating to taxes; sales and use tax; eliminating the penalty and modifying interest due on underpayment of the accelerated June sales tax liability; amending Minnesota Statutes 1998, section 289A.55, by adding a subdivision; repealing Minnesota Statutes 1998, section 289A.60, subdivision 15.

The bill was read for the first time and referred to the Committee on Taxes.

Bradley, Abeler, Goodno, Daggett and Haas introduced:

H. F. No. 3051, A bill for an act relating to human services; increasing the asset limit for the senior drug program; appropriating money; amending Minnesota Statutes 1998, section 256.955, subdivision 2.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Solberg and Anderson, I., introduced:

H. F. No. 3052, A bill for an act relating to human services; extending participation in the prepayment demonstration project for Itasca county; amending Minnesota Statutes 1998, section 256B.69, subdivision 2.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5618

Workman; Marko; Clark, J.; Larson, D., and Swenson introduced:

H. F. No. 3053, A bill for an act relating to motor vehicles; allowing collector vehicles to display a blue light as part of brake light; amending Minnesota Statutes 1999 Supplement, section 169.64, subdivision 4.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Goodno and Bradley introduced:

H. F. No. 3054, A bill for an act relating to ambulance services; requiring local units of government to reimburse the cost of additional requirements for ambulance services; modifying the requirements for ambulance drivers; amending Minnesota Statutes 1998, section 144E.16, subdivision 5; Minnesota Statutes 1999 Supplement, section 144E.101, subdivision 10.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Finseth, Tunheim and Westfall introduced:

H. F. No. 3055, A bill for an act relating to natural resources; appropriating money for ring dikes.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Finseth, Tunheim, Lieder and Westfall introduced:

H. F. No. 3056, A bill for an act relating to agriculture; providing funding for assistance to farm families in northwestern and west central Minnesota; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture Policy.

McElroy, Holberg, Abrams, Jennings and Kuisle introduced:

H. F. No. 3057, A bill for an act relating to business subsidies; providing clarification; amending Minnesota Statutes 1999 Supplement, sections 116J.993, subdivision 3, and by adding a subdivision; and 116J.994, subdivisions 1, 3, 4, 5, 7, 8, and 9.

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

Dehler introduced:

H. F. No. 3058, A bill for an act relating to crimes; defining trespass to include returning to the property of another at any time after being told not to return; amending Minnesota Statutes 1998, section 609.605, subdivision 1.

The bill was read for the first time and referred to the Committee on Crime Prevention.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5619

Finseth introduced:

H. F. No. 3059, A bill for an act relating to crime prevention; clarifying that harassment crimes prohibit harassment by electronic means; amending Minnesota Statutes 1998, sections 609.749, subdivision 2; and 609.795, subdivision 1.

The bill was read for the first time and referred to the Committee on Crime Prevention.

Sykora and Abeler introduced:

H. F. No. 3060, A bill for an act relating to human services licensing; providing a tort liability exclusion and indemnification of municipalities; amending Minnesota Statutes 1998, section 466.03, subdivision 6d.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Mares, Leppik, Seagren, Greiling and Dempsey introduced:

H. F. No. 3061, A bill for an act relating to education; authorizing intermediate school districts to sell and issue bonds under certain conditions; amending Minnesota Statutes 1998, sections 136D.281, subdivision 4; 136D.741, subdivision 4; and 136D.88, subdivision 4.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Leppik, Seagren, Carlson, Greiling and Dempsey introduced:

H. F. No. 3062, A bill for an act relating to education finance; authorizing a grant to coordinate facilities and program planning between the Minnesota State College and University System and intermediate school districts; appropriating money.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

Mares introduced:

H. F. No. 3063, A bill for an act relating to appropriations; appropriating money for recreational programs for children and adolescents.

The bill was read for the first time and referred to the Committee on State Government Finance.

Jaros, Huntley and Swapinski introduced:

H. F. No. 3064, A bill for an act relating to human services; extending the deadline for commencing construction for a previously approved moratorium project; providing for changes to the rate setting for a nursing facility in St. Louis county approved for a renovation; amending Minnesota Statutes 1999 Supplement, section 256B.431, subdivision 17.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5620

Finseth, Westfall and Wenzel introduced:

H. F. No. 3065, A bill for an act relating to natural resources; providing for wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; 97B.645; and 97B.671, subdivision 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B.

The bill was read for the first time and referred to the Committee on Agriculture Policy.

Seifert, J., and Goodno introduced:

H. F. No. 3066, A bill for an act relating to the secretary of state; regulating fees; regulating the filing of annual registrations by corporations and other business entities with the secretary of state; providing for technical amendments to provisions regarding digital signatures; allowing the extension of duration of certain nonprofit corporations; amending Minnesota Statutes 1998, sections 5.12, subdivision 1; 5.14; 302A.821; 303.14, subdivision 1; 303.21, subdivision 3; 317A.801, subdivision 1; 317A.823; 317A.827; 318.02, by adding a subdivision; 322B.960; 323A.10-03; 325K.07, subdivision 3; 325K.10, subdivisions 1 and 2; 325K.18, subdivision 3; 325K.19; and 325K.23; Minnesota Statutes 1999 Supplement, sections 325K.05, subdivision 1; and 336.9-411; proposing coding for new law in Minnesota Statutes, chapters 5; and 308A; repealing Minnesota Statutes 1998, sections 303.07, subdivision 2; 303.14, subdivisions 3, 4, and 5; and 322B.960, subdivision 3.

The bill was read for the first time and referred to the Committee on Commerce.

Erickson introduced:

H. F. No. 3067, A bill for an act relating to government jurisdiction; requiring the pollution control agency to administer a memorandum of understanding on underground injection control.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Mahoney and Rukavina introduced:

H. F. No. 3068, A bill for an act relating to vending machines; clarifying where tobacco products may be sold from vending machines; amending Minnesota Statutes 1998, section 461.18, subdivision 2.

The bill was read for the first time and referred to the Committee on Commerce.

Wenzel introduced:

H. F. No. 3069, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money to the city of Little Falls for cleanup and demolition of abandoned buildings on the Mississippi river.

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

Workman; Molnau; Kuisle; McElroy; Larsen, P.; Reuter; Vandeveer; Haake; Orfield; Juhnke; Dehler; Osskopp; Swenson; Rifenberg; Rostberg; Anderson, B.; Kelliher; Marko; Davids; Krinkie; Westrom; Van Dellen; Buesgens; Sviggum; Clark, J., and Holsten introduced:

H. F. No. 3070, A bill for an act relating to public safety; mandating access to source code for radios purchased for 800-MHZ trunked radio system and requiring at least two vendors.

The bill was read for the first time and referred to the Committee on Transportation Policy.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5621

Huntley, Swapinski and Jaros introduced:

H. F. No. 3071, A bill for an act relating to capital improvements; appropriating money for a warehouse for the Seaway Port Authority of Duluth; authorizing state bonds.

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

Kubly introduced:

H. F. No. 3072, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a center for agricultural innovation in the city of Olivia.

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

Solberg introduced:

H. F. No. 3073, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money to restore Fort Snelling Building No. 17 for adaptive reuse as the Fort Snelling International Hostel.

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

Hausman, McCollum, Mahoney and Trimble introduced:

H. F. No. 3074, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for soccer fields in Ramsey county.

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

Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

During the recess the members of the House honored Willard Munger, former House member from District 7A, who passed away on July 11, 1999.

RECONVENED

The House reconvened and was called to order by the Speaker.

MOTIONS AND RESOLUTIONS

Pugh, Jaros, Murphy, Huntley and Sviggum introduced:

House Resolution No. 13, A house resolution commemorating the life and work of Representative Willard Munger.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5622

SUSPENSION OF RULES

Pugh moved that the rules be so far suspended that House Resolution No. 13 be now considered and be placed upon its adoption. The motion prevailed.

HOUSE RESOLUTION NO. 13

A house resolution commemorating the life and work of Representative Willard Munger.

Whereas, Willard Munger was born in January 1911 and grew up on a farm in Otter Tail county; and

Whereas, he was trained early in political organizing by his father, Harry Munger, and was encouraged in his love of nature on hikes with his grandfather, Lyman Munger; and

Whereas, he worked during the Depression and the war years as a grain inspector, shipbuilder, grocer, and motel and coffee shop owner in western Duluth; and

Whereas, after two unsuccessful campaigns, he first won a seat in the Minnesota House of Representatives in 1954, and served his West Duluth district for 43 years; and

Whereas, on turning 87 he became the oldest legislator in state history and the longest-serving House member, but his most enduring legacy is his record of legislation to protect and preserve the environment; and

Whereas, that record includes Minnesota's ban on DDT in 1969, the first such state ban on the pesticide; the state's system of bicycle trails; the cleanup of the St. Louis river; the Wetlands Conservation Act; the Groundwater Protection Act; and the establishment of the environment and natural resources trust fund; and

Whereas, he sponsored or advocated nearly every piece of legislation related to the environment in Minnesota during the last half of the 20th century; and

Whereas, he will be remembered forever for leaving Minnesota better than he found it; and

Whereas, Willard Munger passed away on July 11, 1999; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it holds in honor the memory of Representative Willard Munger and his long and faithful service to the people and the land, air, and water of Minnesota. It extends its condolences to his family and to all the people of district 7A who knew him.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the family of Willard Munger.

Pugh moved that House Resolution No. 13 be now adopted. The motion prevailed and House Resolution No. 13 was adopted.

Stanek moved that the name of Abeler be added as an author on H. F. No. 2479. The motion prevailed.

Seifert, M., moved that the name of Clark, J., be added as an author on H. F. No. 2498. The motion prevailed.

Lieder moved that the names of Finseth and Marko be added as authors on H. F. No. 2501. The motion prevailed.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5623

Wenzel moved that the name of Hasskamp be added as an author on H. F. No. 2502. The motion prevailed.

Wagenius moved that the name of Abeler be added as an author on H. F. No. 2520. The motion prevailed.

Hasskamp moved that the name of Harder be added as an author on H. F. No. 2521. The motion prevailed.

Harder moved that the name of Clark, J., be added as an author on H. F. No. 2523. The motion prevailed.

Folliard moved that the names of Swapinski and Marko be added as authors on H. F. No. 2524. The motion prevailed.

Tingelstad moved that the names of Rostberg; Schumacher; Johnson; Greiling; McCollum; Larsen, P.; Seifert, J.; Haake; Mares and Anderson, B., be added as authors on H. F. No. 2545. The motion prevailed.

Seifert, J., moved that the names of Goodno; Larsen, P., and Rhodes be added as authors on H. F. No. 2553. The motion prevailed.

Ness moved that the names of Dorman and Abeler be added as authors on H. F. No. 2556. The motion prevailed.

Ness moved that the names of Dorman and Clark, J., be added as authors on H. F. No. 2557. The motion prevailed.

Kielkucki moved that the name of Abeler be added as an author on H. F. No. 2569. The motion prevailed.

Carruthers moved that the name of Marko be added as an author on H. F. No. 2571. The motion prevailed.

Tuma moved that the name of Marko be added as an author on H. F. No. 2572. The motion prevailed.

Erhardt moved that the names of Milbert and Lenczewski be added as authors on H. F. No. 2586. The motion prevailed.

Winter moved that the names of Lieder, Dorn, Pelowski, Otremba and Murphy be added as authors on H. F. No. 2592. The motion prevailed.

Abeler moved that the names of Dorman, Erickson and Clark, J., be added as authors on H. F. No. 2595. The motion prevailed.

Abeler moved that the name of Clark, J., be added as an author on H. F. No. 2597. The motion prevailed.

Dehler moved that the name of Kahn be added as an author on H. F. No. 2611. The motion prevailed.

Kahn moved that the names of Juhnke and Kubly be stricken and the name of Swapinski be added as an author on H. F. No. 2614. The motion prevailed.

Tingelstad moved that the names of Seifert, J.; Fuller; Goodno; Clark, K.; Koskinen; Stanek and Huntley be added as authors on H. F. No. 2622. The motion prevailed.

Luther moved that the name of Larsen, P., be added as an author on H. F. No. 2630. The motion prevailed.

Buesgens moved that the name of McElroy be added as an author on H. F. No. 2638. The motion prevailed.

Tuma moved that the names of Kahn, Hausman, Wejcman, Dehler and Kalis be added as authors on H. F. No. 2651. The motion prevailed.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5624

Leppik moved that the name of Dorman be added as an author on H. F. No. 2655. The motion prevailed.

Carlson moved that the name of Opatz be added as an author on H. F. No. 2663. The motion prevailed.

Gray moved that the name of Opatz be added as an author on H. F. No. 2664. The motion prevailed.

Greiling moved that the name of Marko be added as an author on H. F. No. 2696. The motion prevailed.

Buesgens moved that the names of Wilkin; Larsen, P.; Seagren; Krinkie and Gerlach be added as authors on H. F. No. 2697. The motion prevailed.

Dorman moved that the names of Osthoff and Pugh be added as authors on H. F. No. 2698. The motion prevailed.

Goodno moved that the name of Daggett be added as an author on H. F. No. 2699. The motion prevailed.

Juhnke moved that the names of Erickson; Harder; Kuisle; Clark, J., and Seifert, M., be added as authors on H. F. No. 2707. The motion prevailed.

Nornes moved that the name of Cassell be added as an author on H. F. No. 2708. The motion prevailed.

Daggett moved that the names of Rifenberg and Marko be added as authors on H. F. No. 2715. The motion prevailed.

Dempsey moved that the name of Clark, J., be added as an author on H. F. No. 2730. The motion prevailed.

Mares moved that the name of Daggett be added as an author on H. F. No. 2733. The motion prevailed.

Stanek moved that the names of Paulsen and Wilkin be added as authors on H. F. No. 2745. The motion prevailed.

Fuller moved that the name of Paulsen be added as an author on H. F. No. 2748. The motion prevailed.

Holberg moved that the names of Skoglund, Smith and Broecker be added as authors on H. F. No. 2749. The motion prevailed.

Skoe moved that the name of Storm be added as an author on H. F. No. 2753. The motion prevailed.

Dorn moved that the name of Luther be added as an author on H. F. No. 2754. The motion prevailed.

Jennings moved that the name of Luther be added as an author on H. F. No. 2755. The motion prevailed.

Kelliher moved that the name of Luther be added as an author on H. F. No. 2756. The motion prevailed.

Cassell moved that the name of Bishop be added as an author on H. F. No. 2765. The motion prevailed.

Tomassoni moved that the name of Howes be added as an author on H. F. No. 2778. The motion prevailed.

Mulder moved that the names of Cassell and Harder be added as authors on H. F. No. 2779. The motion prevailed.

Howes moved that the names of Erickson and Gunther be added as authors on H. F. No. 2780. The motion prevailed.

Davids moved that the name of Rifenberg be added as an author on H. F. No. 2783. The motion prevailed.


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5625

Ness moved that the name of Erickson be added as an author on H. F. No. 2798. The motion prevailed.

Ness moved that the name of Erickson be added as an author on H. F. No. 2799. The motion prevailed.

McElroy moved that the names of Anderson, I.; Daggett and Clark, J., be added as authors on H. F. No. 2820. The motion prevailed.

McCollum moved that her name be stricken as an author on H. F. No. 2837. The motion prevailed.

Storm moved that the name of Kelliher be added as an author on H. F. No. 2839. The motion prevailed.

Seifert, M., moved that the name of Wilkin be added as an author on H. F. No. 2841. The motion prevailed.

Bishop moved that the name of Solberg be added as an author on H. F. No. 2870. The motion prevailed.

Orfield moved that the name of Luther be added as an author on H. F. No. 2876. The motion prevailed.

Opatz moved that the name of Paymar be added as an author on H. F. No. 2884. The motion prevailed.

Bakk moved that the name of Solberg be added as an author on H. F. No. 2886. The motion prevailed.

Broecker moved that the names of Rifenberg, Davids and Pelowski be added as authors on H. F. No. 2890. The motion prevailed.

Stang moved that the names of Hackbarth and Ness be added as authors on H. F. No. 2903. The motion prevailed.

Mulder moved that the name of Marko be added as an author on H. F. No. 2912. The motion prevailed.

Rifenberg moved that H. F. No. 2499 be recalled from the Committee on Commerce and be re-referred to the Committee on Taxes. The motion prevailed.

Mulder moved that H. F. No. 2865 be recalled from the Committee on Local Government and Metropolitan Affairs and be re-referred to the Committee on Taxes. The motion prevailed.

Anderson, I., moved that H. F. No. 1484 be returned to its author. The motion prevailed.

TAKEN FROM THE TABLE

Westerberg moved that H. F. No. 2067 be taken from the table, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 10, 2000. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 10, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 70th Day - Monday, February 7, 2000 - Top of Page 5626