Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 205

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2001

__________________

TWELFTH DAY

Saint Paul, Minnesota, Thursday, February 8, 2001

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 Pastor Erik Saxvik, Senior Pastor at St. Philip's Lutheran Church, Fridley, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abeler Dorman Hilty Leighton Otremba Stang
Abrams Dorn Holberg Lenczewski Ozment Swapinski
Anderson, B. Eastlund Holsten Leppik Paulsen Swenson
Anderson, I. Erhardt Howes Lieder Pawlenty Sykora
Bakk Erickson Huntley Lindner Paymar Thompson
Bernardy Evans Jacobson Lipman Penas Tingelstad
Biernat Finseth Jaros Luther Peterson Tuma
Bishop Folliard Jennings Mares Pugh Vandeveer
Boudreau Fuller Johnson, J. Mariani Rhodes Wagenius
Bradley Gerlach Johnson, R. Marko Rifenberg Walker
Buesgens Gleason Johnson, S. Marquart Rukavina Walz
Carlson Goodno Juhnke McGuire Ruth Wasiluk
Cassell Goodwin Kahn Milbert Schumacher Wenzel
Clark, J. Gray Kelliher Molnau Seagren Westerberg
Daggett Greiling Kielkucki Mulder Seifert Westrom
Davids Gunther Knoblach Murphy Sertich Wilkin
Davnie Haas Koskinen Ness Skoe Winter
Dawkins Hackbarth Krinkie Nornes Skoglund Wolf
Dehler Harder Kubly Olson Slawik Workman
Dempsey Hausman Kuisle Osskopp Smith Spk. Sviggum
Dibble Hilstrom Larson Osthoff Stanek

A quorum was present.

Clark, K.; Entenza; Kalis; Mahoney; McElroy; Mullery; Opatz; Pelowski and Solberg were excused.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 206

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

RECESS

RECONVENED

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

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 2, 2001

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 421, relating to the energy assistance program; allowing the expenditure of certain federal funds.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2001 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 207

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

421 2 3:15 p.m. February 2 February 2

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 64, A bill for an act relating to crimes; repealing law which prohibits holding itinerant carnivals; repealing Minnesota Statutes 2000, section 624.65.

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

The report was adopted.

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

H. F. No. 116, A bill for an act relating to professions; extending the expiration date of the respiratory care practitioner advisory council; providing for cancellation of athletic trainer registration for nonrenewal after two years; amending Minnesota Statutes 2000, sections 147C.35, subdivision 2; and 148.7809, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 13, delete "2003" and insert "2005"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

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

H. F. No. 125, A bill for an act relating to professions; modifying licensure requirements for foreign-trained dentists; amending Minnesota Statutes 2000, section 150A.06, subdivision 1.

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

The report was adopted.


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Smith from the Committee on Civil Law to which was referred:

H. F. No. 130, A bill for an act relating to animals; changing disposition of certain animals; providing for preservation of certain evidence; changing regulation of certain dogs; imposing penalties; amending Minnesota Statutes 2000, sections 343.12; 343.235, subdivisions 1 and 3; 347.50; 347.51, subdivisions 1, 2, and by adding subdivisions; 347.52; 347.53; 347.54, subdivisions 1 and 2; and 347.55; proposing coding for new law in Minnesota Statutes, chapters 343; 347; and 609; repealing Minnesota Statutes 2000, sections 347.51, subdivisions 2a, 3, 4, 5, 6, 7, 8, and 9; and 347.54, subdivision 3.

Reported the same back with the following amendments:

Page 6, line 22, before the period, insert "by the owner or may be maintained in the custody of the animal control authority as provided by section 347.54, subdivision 1"

Page 7, line 26, delete "in a form acceptable to the county"

Page 7, lines 27 and 30, delete "$300,000" and insert "$50,000"

Page 7, line 31, delete "The surety or"

Page 7, delete lines 32 to 36

Page 8, delete lines 1 to 6

Page 8, line 11, after "harm" insert "or great bodily harm"

Page 8, line 15, after "provocation" insert "aggressively"

Page 9, after line 10, insert:

"Sec. 14. Minnesota Statutes 2000, section 347.51, is amended by adding a subdivision to read:

Subd. 4d. [PROVOCATION OR PROVOKING DEFINED.] In this section "provocation" or "provoking" means an act that a reasonable person would expect to cause a dog to bite."

Page 9, line 13, delete "Subd. 4d." and insert "Subd. 4e."

Page 9, line 33, after the period, insert "If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case,"

Page 10, line 25, before the period, insert "at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense"

Page 11, line 21, strike "or"

Page 11, line 24, before the period, insert "; or

(5) the dog has inflicted substantial or great bodily harm on a human being and in the opinion of the animal control authority constitutes an imminent threat to public health or safety"

Page 12, line 21, delete everything after "subdivision"


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Page 12, line 22, delete everything before the period

Renumber the sections in sequence

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

The report was adopted.

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

H. F. No. 149, A bill for an act relating to food; regulating the serving, selling, and labeling of certain religion-sanctioned food; amending Minnesota Statutes 2000, section 31.661; proposing coding for new law in Minnesota Statutes, chapter 31.

Reported the same back with the following amendments:

Page 1, line 7, delete "HALAAL" and insert "HALAL"

Page 1, line 8, delete "HALAAL" and insert "HALAL"

Page 1, lines 10, 12, and 21, after "products" insert ", meat or meat products, or poultry or poultry products"

Page 1, line 11, delete "Halaal" and insert "Halal"

Page 1, line 13, delete "with the" and insert "as"

Page 1, line 14, delete ""Halaal" sign" and insert "Halal" and after "products" insert ", meat or meat products, or poultry or poultry products"

Page 1, lines 18 and 20, delete "non-Halaal" and insert "non-Halal"

Page 1, line 19, after "products" insert ", meat or meat products, or poultry or poultry products" and delete "Halaal" and insert "Halal"

Page 1, line 24, delete "non-Halaal" and insert "non-Halal" and after "products" insert ", meat or meat products, or poultry or poultry products" and delete "Halaal" and insert "Halal"

Page 2, line 3, after "product" insert ", meat or meat product, or poultry or poultry product"

Page 2, lines 18, 20, and 31, delete "Halaal" and insert "Halal"

Page 2, lines 19 and 33, after "products" insert ", meat or meat products, or poultry or poultry products"

Page 2, line 34, after "products" insert ", meat or meat products, or poultry or poultry products" and delete "Halaal" and insert "Halal"

Page 3, line 11, delete "Halaal" and insert "Halal" and after "products" insert ", meat or meat products, or poultry or poultry products"

Page 3, line 12, delete "Halaal" and insert "Halal"


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Page 3, lines 14 and 16, after "products" insert ", meat or meat products, or poultry or poultry products" and delete "Halaal" and insert "Halal"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 169, A bill for an act relating to education; authorizing a grant to independent school district No. 2534, Bird Island-Olivia-Lake Lillian, for a contract deadline penalty; appropriating money.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

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

H. F. No. 175, A bill for an act relating to fire safety; requiring the state fire marshal to adopt rules for fire retardant standards for cigarettes; proposing coding for new law in Minnesota Statutes, chapter 299F.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy without further recommendation.

The report was adopted.

Seagren from the Committee on K-12 Education Finance to which was referred:

H. F. No. 206, A bill for an act relating to education; appropriating money for an after-school educational enhancement pilot program for low-income youth in the St. Cloud area.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Family and Early Childhood Education Finance without further recommendation.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 209, A bill for an act relating to local government; preserving shooting ranges from planning and zoning laws and ordinances; limiting net loss of shooting ranges and providing for relocation costs; proposing coding for new law as Minnesota Statutes, chapter 87A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [POLICY.]

It is the policy of this state to implement the constitutional right to hunt and to provide for the health, safety, and welfare of its citizens by promoting the safety and enjoyment of shooting sports among its citizens and by preserving the locations of shooting ranges for shotgun, archery, rifle, and pistol shooting.


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Sec. 2. [87A.01] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 87A.01 to 87A.06.

Subd. 2. [PERSON.] "Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity.

Subd. 3. [SHOOTING RANGE OR RANGE.] "Shooting range" or "range" means an area or facility designated or operated for the use of firearms as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law.

Subd. 4. [GENERALLY ACCEPTED OPERATION PRACTICES.] "Generally accepted operation practices" means those voluntary guidelines adopted by the commissioner of natural resources for the safe operation of shooting ranges. In developing the guidelines, the commissioner shall consult with range operators. The generally accepted operation practices shall be reviewed at least every five years by the commissioner of natural resources and revised as the commissioner considers necessary for safe operation of a shooting range. The commissioner shall adopt initial guidelines by July 1, 2001.

Subd. 5. [UNIT OF GOVERNMENT.] "Unit of government" means a home rule charter or statutory city, county, town, municipal corporation, or other political subdivision, or any of their instrumentalities.

Sec. 3. [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.]

(a) A shooting range that is in operation and is in material compliance with existing law at the time of the enactment of an ordinance of a unit of government affecting, directly or indirectly, operation or use of a shooting range must be permitted to continue in operation even if the operation of the shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.

(b) A shooting range that operates in material compliance with generally accepted operation practices, even if not in compliance with an ordinance of a unit of government affecting, directly or indirectly, operation or use of a shooting range, must be permitted to do all of the following within its geographic boundaries if done in accordance with generally accepted operation practices:

(1) repair, remodel, improve, replace, construct, or reinforce any conforming or nonconforming building or structure as may be necessary or desirable in the interest of safety or to secure the continued use of the range, building, or structure;

(2) reconstruct, repair, restore, remodel, improve, replace, or resume the use of any conforming or nonconforming building or structure damaged by fire, collapse, erosion, explosion, act of God, or act of war; and

(3) do anything not prohibited by generally accepted operation practices, including:

(i) expand or increase its membership or opportunities for public participation; and

(ii) make those repairs or improvements necessary or desirable under generally accepted operation practices.

Sec. 4. [87A.03] [CLOSING OR RELOCATING SHOOTING RANGES; PAYMENT OF CERTAIN COSTS.]

Subdivision 1. [WHEN CAN CLOSE OR RELOCATE.] A shooting range may be closed under subdivision 3, or relocated under subdivision 4, by a state agency or unit of government only if, because of new, permitted development of adjacent land, the range becomes a clear, immediate, and proven safety hazard to the adjacent population and it cannot be brought into material compliance with generally accepted operation practices with range or operation improvements.


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Subd. 2. [PROCEDURE.] The clear and immediate safety hazard must be proven at a contested case hearing. The hearing must be held after the commissioner provides notice to the owner and operator of the shooting range that includes a clear and precise statement of the factual basis for alleging a safety hazard. The owner and operator of the shooting range must be given an opportunity to be heard and meet the allegation. The commissioner must make written findings and conclusions as to the hazard and whether range improvements can bring the range into material compliance with the generally accepted operation practices. If the commissioner concludes that there is a clear and immediate safety hazard and the operation of the shooting range can be brought into material compliance with the generally accepted operating practices with range improvements, the state agency or unit of government that permitted the development must pay for the range improvements.

Subd. 3. [CLOSURE.] If a clear and immediate safety hazard is proven as required under subdivisions 1 and 2, a shooting range may be closed by the state agency or the unit of government if the agency or unit of government closing the shooting range pays the fair market value of the range operation as a going concern to the operators and the fair market value of the land, including improvements, to the owner of the land.

Subd. 4. [RELOCATION.] Upon request by the operator of the shooting range, the agency or unit of government must relocate the shooting range to a suitable new location if available. The agency or unit of government may use its power of eminent domain to acquire the new location.

Subd. 5. [TRANSFER OF TITLE.] The shooting range owner and operator shall transfer their interests in the property to the agency or unit of government after full and final payment under subdivision 3, or after the relocation is completed under subdivision 4.

Sec. 5. [87A.04] [IRREBUTTABLE PRESUMPTION; NUISANCE LIABILITY.]

In all relevant actions, there shall exist an irrebuttable presumption that a shooting range that is conducted in material compliance with generally accepted operation practices is not a public or private nuisance and does not otherwise invade or interfere with the use and enjoyment of any other land or property.

Sec. 6. [87A.05] [SHOOTING RANGES; NOISE STANDARDS.]

A person who owns or operates or uses a shooting range in this state is subject only to the noise standards set forth in Minnesota Rules, part 7030.0040, subpart 2, in effect on March 1, 1999.

Sec. 7. [87A.06] [NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE WITH GENERALLY ACCEPTED OPERATION PRACTICES.]

A person who owns, operates, or uses a shooting range in this state which is in material compliance with generally accepted operation practices is not subject to any action for nuisance, and no court of this state may enjoin or restrain the use or operation of such a range. This section does not prohibit an action for personal injury resulting from recklessness or negligence in the operation of the range or by a person using the range in a reckless or negligent manner.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective the day following final enactment."


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Delete the title and insert:

"A bill for an act relating to local government; shooting ranges; defining generally accepted operation practices; providing for relation to ordinances, closing and relocation, and nuisance liability; proposing coding for new law as Minnesota Statutes, chapter 87A."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 211, A bill for an act relating to local government; providing reimbursement to fire departments for expenses incurred in extinguishing certain motor vehicle fires; providing cities and towns authority to collect unpaid bills for certain emergency services from nonresidents; appropriating money; amending Minnesota Statutes 2000, sections 161.465; 366.011; and 366.012.

Reported the same back with the following amendments:

Page 2, line 5, after "insurance," insert "some other available method of reimbursement, or collected in accordance with section 366.012,"

Page 3, line 11, after the period, insert "Charges collected under this section for motor vehicle fires, as provided by section 161.465, subdivision 2, shall not exceed the amount authorized in that subdivision, but a town may recover expenses incurred for extinguishing a motor vehicle fire in excess of that amount by any other authorized method."

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 251, A bill for an act relating to the city of Luverne; allowing the city to provide border development zone tax incentives; providing an allocation of state tax reductions for the city; appropriating money.

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

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 260, A bill for an act relating to crime prevention; requiring fingerprinting by local law enforcement agencies and transmittal to the bureau of criminal apprehension; requiring collection of known aliases and street names for transmittal to the bureau; requiring suspense file reporting; appropriating money to the supreme court for


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 214

the court information system, the department of public safety for criminal justice information system improvements, the bureau of criminal apprehension for various criminal justice information purposes, and the department of corrections for various criminal justice information purposes; amending Minnesota Statutes 2000, sections 299C.10, subdivision 1; 299C.11; and 299C.147, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 299C; and 609.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 269, A bill for an act relating to taxation; authorizing Wright county to impose the production tax on aggregate materials; amending Minnesota Statutes 2000, section 298.75, subdivision 1.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 271, A bill for an act relating to taxation; authorizing Wright county to impose a production tax on aggregate materials removed from the county.

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 320, A bill for an act relating to insurance; authorizing licensed property-casualty insurance agents to assist in the procurement of surplus lines insurance without a surplus lines insurance license; amending Minnesota Statutes 2000, section 60A.198, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 15, delete "places or"

Page 1, after line 17, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.


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Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 331, A bill for an act relating to preservation of historic structures; creating a historic preservation grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 138.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

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

H. F. No. 357, A bill for an act relating to occupations and professions; modifying licensing requirements for alcohol and drug counselors; amending Minnesota Statutes 2000, sections 148C.04, subdivisions 3, 4, and 6; and 148C.10, subdivision 1a.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 393, A bill for an act relating to local government; allowing employees of Ramsey county and the city of St. Paul equal competition for vacant county jobs in combined city-county departments; amending Minnesota Statutes 2000, section 383A.288, subdivisions 3 and 4.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 394, A bill for an act relating to towns; repealing a provision about castrating certain animals running at large in a town; repealing Minnesota Statutes 2000, section 346.19, subdivision 5.

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

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 450, A bill for an act relating to civil actions; clarifying a reference to the medical malpractice statute of limitations; amending Minnesota Statutes 2000, section 573.02, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Policy.

The report was adopted.


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

H. F. No. 556, A bill for an act relating to peace officers; authorizing federal law enforcement officers to exercise their arrest authority in this state under certain circumstances; amending Minnesota Statutes 2000, section 626.77.

Reported the same back with the following amendments:

Page 1, line 16, strike "enters this state while" and insert "is"

Page 1, line 17, strike "authorized by" and insert "acting on"

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 596, A bill for an act relating to taxation; providing an income tax credit for expenditures for historic structure rehabilitation; proposing coding for new law in Minnesota Statutes, chapter 290.

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

The report was adopted.

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

S. F. No. 201, A bill for an act relating to professions; repealing the infectious disease education requirement for physician assistants; repealing Minnesota Statutes 2000, section 147A.25.

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

The report was adopted.

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

House Resolution No. 2, A house resolution recognizing February 12 to 18 as Career and Technical Education Week in Minnesota.

Reported the same back with the recommendation that the resolution be adopted.

The report was adopted.

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

House Resolution No. 4, A house resolution congratulating Minnesota's charter schools.

Reported the same back with the recommendation that the resolution be adopted.

The report was adopted.


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SECOND READING OF HOUSE BILLS

H. F. Nos. 64, 125, 149, 320, 357 and 393 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 201 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Holsten and Vandeveer introduced:

H. F. No. 627, A bill for an act relating to taxation; sales and use; exempting the purchase of certain property used in constructing a city hall in the city of Hugo; amending Minnesota Statutes 2000, section 297A.71, by adding a subdivision.

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

Leppik, Stanek, Koskinen, Luther and Paymar introduced:

H. F. No. 628, A bill for an act relating to data practices; apartment manager background checks; requiring certain checks to be performed on individuals who have resided in Minnesota less than ten years; amending Minnesota Statutes 2000, section 299C.68, subdivisions 2 and 3.

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

Dorman, Leighton, Wolf and Jennings introduced:

H. F. No. 629, A bill for an act relating to utilities; authorizing the city of Austin municipal utilities commission to enter into joint ventures with the Freeborn-Mower counties cooperative electric power association.

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

Swapinski, Huntley, Bakk, Mulder, Jaros, Lenczewski and McGuire introduced:

H. F. No. 630, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 2000, sections 297A.70, subdivisions 1, 2, and 3; and 297A.991, subdivision 2.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 218

Skoglund introduced:

H. F. No. 631, A bill for an act relating to crime prevention; modifying the school trespass law; amending Minnesota Statutes 2000, section 609.605, subdivision 4.

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

Luther, Larson, Koskinen, Rhodes and Bakk introduced:

H. F. No. 632, A bill for an act relating to employment; requiring paid leave for organ donation; amending Minnesota Statutes 2000, section 181.945.

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

Osskopp, Smith, Dawkins and Entenza introduced:

H. F. No. 633, A bill for an act relating to taxation; providing for use of tax refunds to pay debts for child support before tax offsets; amending Minnesota Statutes 2000, sections 270.07, subdivision 5; 270A.10; and 290A.15.

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

Ozment, Haas and Kalis introduced:

H. F. No. 634, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

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

Opatz, Schumacher and Knoblach introduced:

H. F. No. 635, A bill for an act relating to the city of St. Cloud; permitting the recording of a statement regarding potential activity at the St. Cloud Regional Airport.

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

Smith introduced:

H. F. No. 636, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 1; providing that state spending may not increase at a greater rate than increases in the consumer price index.

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

Smith introduced:

H. F. No. 637, A bill for an act relating to water; restricting certain activities of water quality cooperatives; amending Minnesota Statutes 2000, section 115.58, by adding a subdivision.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 219

Smith introduced:

H. F. No. 638, A bill for an act relating to statutes of limitations; waiving limitations on actions for compensation initiated by December 31, 2010, by persons forced to perform labor between 1929 and 1945 by the governments of Germany or Japan, their allies or sympathizers, or entities transacting business in Germany or Japan, or areas controlled by their governments; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Nornes introduced:

H. F. No. 639, A bill for an act relating to health; creating the brain and spinal cord injury research board and the brain and spinal cord injury research trust account; modifying provider reporting provisions; providing civil penalties; creating a surcharge on certain traffic fines; appropriating money; amending Minnesota Statutes 2000, section 144.663, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Ness and Juhnke introduced:

H. F. No. 640, A bill for an act relating to agriculture; extending the sunset date for the farmer-lender mediation program; amending Laws 1986, chapter 398, article 1, section 18, as amended.

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

Ness, Carlson, Entenza, Mares, Seagren and Goodwin introduced:

H. F. No. 641, A bill for an act relating to education finance; requiring quarterly pupil unit reporting for charter schools in their first three years of operation; amending Minnesota Statutes 2000, section 124D.11, subdivision 9.

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

Kahn; Otremba; Bradley; Krinkie; Kubly; Gray; Clark, K.; Mulder and Abeler introduced:

H. F. No. 642, A bill for an act relating to health occupations; establishing a ground for disciplinary action for physicians who fail to fulfill service obligations and fail to repay loans and penalties under the National Health Services Corps state loan repayment program; amending Minnesota Statutes 2000, section 147.091, subdivision 1.

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

Paulsen, Rhodes, Luther, Molnau, Olson, Gerlach, Kielkucki, Pawlenty, Erickson, Eastlund, Osskopp and Milbert introduced:

H. F. No. 643, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 2000, sections 204C.19, subdivision 2; 204C.27; 204C.33, subdivisions 1 and 3; 204D.11, by adding a subdivision; 204D.15; 204D.16; and 204D.165; proposing coding for new law in Minnesota Statutes, chapter 3B.

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


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Johnson, S.; Carlson; Abeler; Otremba; Ness and Mahoney introduced:

H. F. No. 644, A bill for an act relating to higher education; creating a technical career student loan forgiveness program; appropriating money.

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

Marko; Juhnke; Clark, J.; Howes; Kalis; Lieder; Slawik and Workman introduced:

H. F. No. 645, A bill for an act relating to transportation; creating a local road improvement fund; specifying uses for the fund; providing for transfers to the fund; establishing an advisory committee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Sykora; Nornes; McGuire; Mares; Howes; Abeler; Slawik; Leighton; Tingelstad; Dawkins; Juhnke; Stang; Gray; Cassell; Solberg; Carlson; Peterson; Koskinen; Evans; Hilstrom; Ness; Swapinski; Johnson, R., and Harder introduced:

H. F. No. 646, A bill for an act relating to community education; providing for youth programs; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

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

Westerberg, Tingelstad, Jacobson, Hackbarth, Bernardy, Goodwin, Eastlund, Erickson and Abeler introduced:

H. F. No. 647, A bill for an act relating to highways; authorizing issuance of trunk highway bonds for improvements to marked trunk highway No. 65.

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

Abeler; Otremba; Rhodes; Clark, K.; Tingelstad and Mariani introduced:

H. F. No. 648, A bill for an act relating to health; requiring the commissioner of health to study the establishment of a regulatory system for birth centers.

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

Fuller, Sviggum, Skoe, Howes and Penas introduced:

H. F. No. 649, A bill for an act relating to capital improvements; appropriating money for planning for an addition to the field house at Bemidji State University.

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


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Fuller, Skoe, Howes, Pugh and Penas introduced:

H. F. No. 650, 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; for phase II of the Northwest Technical College and Bemidji State University colocation project; authorizing issuance of bonds; appropriating money.

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

Peterson, Kubly, Seifert, Winter, Davids and Westrom introduced:

H. F. No. 651, A bill for an act relating to motor fuels; allowing natural gasoline as petroleum component in E85 fuel; amending Minnesota Statutes 2000, section 296A.01, subdivision 19.

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

Anderson, B.; Kuisle; Anderson, I.; Bakk; Olson; Westerberg; Kielkucki; Wilkin; Gerlach; Buesgens; Mulder; Erickson; Otremba and Vandeveer introduced:

H. F. No. 652, A bill for an act relating to eminent domain; providing the owner costs and fees; amending Minnesota Statutes 2000, sections 117.042; 117.175, subdivision 2; and 117.232; proposing coding for new law in Minnesota Statutes, chapter 117.

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

Evans, Rhodes, Thompson, Mares and Dibble introduced:

H. F. No. 653, A bill for an act relating to the State Building Code; defining certain terms; providing for designation of certain building officials; changing certain requirements and procedures; extending the existence of an advisory council; amending Minnesota Statutes 2000, sections 16B.60, subdivision 3, and by adding subdivisions; 16B.61, subdivision 1; 16B.65; and 16B.76, subdivision 1.

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

Hackbarth, Erickson, Westerberg and Stang introduced:

H. F. No. 654, A bill for an act relating to gambling; authorizing the director of the state lottery to establish a state-run gaming facility; providing duties and powers to the director of the state lottery; providing for the use of gaming facility revenues; appropriating money; amending Minnesota Statutes 2000, section 297A.65; proposing coding for new law in Minnesota Statutes, chapter 349A.

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

Wolf and Koskinen introduced:

H. F. No. 655, A bill for an act relating to unemployment insurance; making technical and substantive changes; providing that certain applicants on leaves of absence are ineligible for benefits; modifying definitions; clarifying procedures; providing eligibility for benefits for certain victims of domestic abuse; instructing the


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 222

revisor to renumber sections and change terms; amending Minnesota Statutes 2000, sections 268.03, subdivision 1; 268.035, subdivisions 4, 5, 29, and by adding subdivisions; 268.042, subdivision 1; 268.045; 268.047; 268.051, subdivisions 1a, 3, 4, and 7; 268.052, subdivisions 1, 2, and by adding a subdivision; 268.053, subdivisions 1 and 3; 268.059; 268.07, subdivisions 1, 2, 3a, and 3b; 268.085, subdivisions 1, 2, 3, 6, 7, 14, 15, and by adding a subdivision; 268.086, subdivisions 1 and 7; 268.095, subdivisions 1, 2, 8, and 11; 268.101, subdivisions 1 and 2; 268.105, subdivision 7; 268.131, subdivision 2; 268.18, subdivision 2b; 268.184; 268.192, subdivision 1; 268.6715; and 268.976, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Laws 1999, chapter 107, section 22.

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

Lipman, Skoglund, Luther and Smith introduced:

H. F. No. 656, A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 2000, sections 3.85, subdivision 6; 12.31, subdivision 1; 13.06, subdivision 4; 13.51, subdivision 3; 13.54, subdivision 5; 15.059, subdivision 5a; 16B.126; 16B.55, subdivision 4; 16B.61, subdivision 3; 16E.04, subdivision 2; 18B.36, subdivision 1; 60B.03, subdivision 6; 62G.20, subdivision 4; 62L.02, subdivision 24; 65B.05; 69.021, subdivision 5; 80C.01, subdivision 4; 80C.147; 84.965, subdivision 2; 84.98, subdivision 5; 85.055, subdivision 1; 86B.331, subdivision 1; 103G.201; 103G.2242, subdivision 12; 103G.2243, subdivision 2; 115.49, subdivision 4; 116J.994, subdivision 6; 116J.995; 116L.01, subdivision 1; 116P.08, subdivision 2; 124D.892, subdivision 3; 145.61, subdivision 5; 148.6402, subdivisions 14 and 16; 148.6420, subdivisions 2 and 4; 148.6425, subdivisions 2 and 3; 148.6448, subdivision 1; 168.012, subdivision 1; 171.173; 204D.25, subdivision 1; 216B.2424, subdivision 6; 237.065, subdivision 1; 237.763; 237.764, subdivision 3; 237.773, subdivision 1; 256B.50, subdivision 1; 260B.007, subdivision 16; 268.022, subdivision 1; 268.6715; 270.67, subdivision 4; 289A.18, subdivision 4; 289A.40, by adding a subdivision; 289A.60, subdivisions 12 and 21; 297I.60, subdivision 2; 299C.67, subdivision 2; 299N.02, subdivision 2; 322B.960, subdivision 1; 356.371, subdivision 1; 356.62; 356.65, subdivision 1; 401.06; 462.352, subdivisions 5, 7, 9, 10, and 15; 462.358, subdivision 2a; 469.126, subdivision 2; 469.301, subdivision 1; 469.304, subdivision 1; 504B.181, subdivision 4; 504B.365, subdivision 3; 515B.1-102; 518.131, subdivision 10; 609.596, subdivision 3; and 626.556, subdivision 11; repealing Minnesota Statutes 2000, sections 13.99, subdivision 1; 115B.22, subdivision 8; 148.6402, subdivision 18; 168.54, subdivision 6; 462.352, subdivision 17; 469.301, subdivisions 6, 7, and 8; Laws 1997, chapter 85, article 4, section 29; Laws 2000, chapter 254, section 30; and Laws 2000, chapter 444, article 2, sections 9 and 10.

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

Lipman introduced:

H. F. No. 657, A bill for an act proposing an amendment to the Minnesota Constitution by adding a section to article XI; prohibiting the use of state funds for abortion services.

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

Murphy, Rukavina and Goodwin introduced:

H. F. No. 658, A bill for an act relating to higher education; abolishing the regent candidate advisory council; repealing Minnesota Statutes 2000, section 137.0245.

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


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Wolf introduced:

H. F. No. 659, A bill for an act relating to energy; establishing a state energy plan and promoting energy conservation; making conforming, technical, and clarifying changes; amending Minnesota Statutes 2000, sections 116C.691, subdivision 2, and by adding a subdivision; 116C.692; 116C.779; 216A.07, by adding a subdivision; 216B.16, subdivision 6b; 216B.1621, subdivision 2; 216B.164, subdivisions 3, 4, and 6; 216B.241, subdivisions 1, 1a, 1b, 1c, 2, and 2b; 216B.2421, subdivision 1; 216B.2423, subdivision 2; 216B.243, subdivision 3; 216C.17, subdivision 3; and 216C.41, subdivisions 1, 3, 4, 5, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 216B; and 272; proposing coding for new law as Minnesota Statutes, chapter 216E; repealing Minnesota Statutes 2000, sections 216B.241, subdivision 2a; 216B.2422, subdivisions 1, 2, 2a, 4, 5, and 6; and 216C.18.

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

Anderson, I.; Goodno and Huntley introduced:

H. F. No. 660, A bill for an act relating to human services; increasing medical assistance reimbursement for mileage; amending Minnesota Statutes 2000, section 256B.0625, subdivision 18a.

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

Stang, Jacobson, Gleason, Leighton and Gunther introduced:

H. F. No. 661, A bill for an act relating to professions; creating the Accountancy Act of 2001; authorizing rulemaking; imposing penalties; amending Minnesota Statutes 2000, sections 3.972, subdivision 1; 116J.70, subdivision 2a; 214.01, subdivision 3; 319B.02, subdivision 19; 326.53; 367.36, subdivision 1; 412.222; 471.49, subdivision 10; and 544.42, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 326A; repealing Minnesota Statutes 2000, sections 326.165; 326.1655; 326.17; 326.18; 326.19; 326.191; 326.192; 326.197; 326.20; 326.201; 326.21; 326.211; 326.212; 326.22; 326.223; 326.224; 326.225; 326.228; and 326.229.

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

Rukavina, Abrams and Anderson, I., introduced:

H. F. No. 662, A bill for an act relating to the city of Aurora; providing for the extension of the duration of a housing and redevelopment tax increment financing district in the city.

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

Biernat, Mahoney, Skoglund, Abeler, Hausman, Wagenius and Paymar introduced:

H. F. No. 663, A bill for an act relating to traffic regulations; authorizing statutory cities, home rule charter cities, and urban towns to develop and implement programs for peace officers to detect and cite traffic signal violations by use of photographic evidence; appropriating money; providing penalties; amending Minnesota Statutes 2000, sections 169.06, by adding a subdivision; and 171.12, subdivision 6; 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.


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Anderson, I., introduced:

H. F. No. 664, A bill for an act relating to capital improvements; providing for a grant to Koochiching county for construction of a regional cold weather testing facility; authorizing issuance of bonds; appropriating money.

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

Kielkucki, Seifert, Swenson, Hilty, Jaros, Erickson and Gunther introduced:

H. F. No. 665, A bill for an act relating to governmental operations; appropriating money for regional planning.

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

Clark, K.; Gray; Rhodes; Walker; Mariani; Kelliher; Kahn; Luther; Koskinen; Kubly; Paymar; Kalis; Dibble; Gleason; Folliard; Hilty; Peterson; Carlson; Hilstrom; Juhnke; Dawkins; Slawik; Thompson; Swapinski; McGuire and Bernardy introduced:

H. F. No. 666, A bill for an act relating to employment; creating equal pay commission; requiring a study and report; proposing coding for new law in Minnesota Statutes, chapter 363.

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

Seifert, Pelowski, Rhodes, Erickson, Osskopp, Kielkucki, Harder, Ness and Holberg introduced:

H. F. No. 667, A bill for an act relating to state government; modifying certain procedures relating to administrative rules; amending Minnesota Statutes 2000, sections 14.05, subdivision 6; 14.116; and 14.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2000, section 14.05, subdivision 4; Laws 1999, chapter 129, section 6.

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

Lenczewski introduced:

H. F. No. 668, A bill for an act relating to property taxation; providing for in-lieu property tax payments for state-owned property; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.

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

Rhodes introduced:

H. F. No. 669, A bill for an act relating to the city of St. Louis Park; authorizing local contribution for certain tax increment financing districts.

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


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Carlson; Mares; Luther; Seagren; Greiling; Slawik; Marquart; Skoe; Lieder; Dorn; Biernat; Thompson; Bernardy; Goodwin; Koskinen; Evans; Pugh; Leighton; Lenczewski; Opatz; Hilstrom; Dibble; Larson; Otremba; Johnson, R.; Schumacher; Wasiluk; Entenza; Johnson, S., and Davnie introduced:

H. F. No. 670, A resolution memorializing the President and Congress to carry through on their pledge to fund 40 percent of special education costs.

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

Goodwin; Murphy; Hilty; Johnson, S.; Lieder; Kalis; Kahn; Davnie; Skoe; Mariani; Carlson; Rukavina; Evans; Ness; Mulder; Wasiluk; Gleason; Folliard; Luther; Mullery; Bernardy and Dibble introduced:

H. F. No. 671, A bill for an act relating to energy; imposing a duty on the public utilities commission to ensure accurate, clear, and informative utility bills; requiring public utilities to offer budget plans, subject to commission approval and oversight; requiring the public utilities commission to investigate public utility billing practices; providing for penalties; making technical and clarifying changes; amending Minnesota Statutes 2000, section 216B.08; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Hausman introduced:

H. F. No. 672, A bill for an act relating to railroads; allowing commissioner of transportation to provide financial assistance to expand railroad bridges; amending Minnesota Statutes 2000, sections 161.20, subdivision 2; and 165.05, by adding a subdivision.

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

Stanek, Gunther and Kalis introduced:

H. F. No. 673, A bill for an act relating to public safety; increasing allowable maximum fee for 911 emergency telephone services; allowing for payment of certain costs of local governments relating to the installation of certain signs or markers; amending Minnesota Statutes 2000, sections 403.11, subdivision 1; and 403.113, subdivision 3.

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

Swapinski, Gray, Huntley, Sykora, Jaros, McGuire, Slawik and Sertich introduced:

H. F. No. 674, A bill for an act relating to child abuse; appropriating money for child advocacy centers.

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

Swenson introduced:

H. F. No. 675, A bill for an act relating to environment; providing funding for the St. George community wastewater treatment system in Nicollet county; appropriating money.

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


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Wenzel; Anderson, I.; Otremba; Winter; Gunther; Mulder; Walz and Slawik introduced:

H. F. No. 676, A bill for an act relating to taxation; individual income; allowing expanded deductions for medical care and health insurance; amending Minnesota Statutes 2000, section 290.01, subdivision 19b.

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

Mulder, Sykora, Abeler, Slawik and Anderson, I., introduced:

H. F. No. 677, A bill for an act relating to family and early childhood education; modifying school readiness aid; appropriating money; amending Minnesota Statutes 2000, section 124D.16, subdivisions 2, 3, and by adding subdivisions; repealing Minnesota Statutes 2000, section 124D.16, subdivision 4.

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

Bishop, Stanek, Skoglund, Holberg and Murphy introduced:

H. F. No. 678, A bill for an act relating to corrections; appropriating money for community corrections subsidy grants; appropriating money for grants for sex offender treatment corrections; appropriating money for grants for community corrections productive day initiative programs.

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

Lindner, Mahoney and Nornes introduced:

H. F. No. 679, A bill for an act relating to economic security; appropriating money for training for people with disabilities.

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

Rhodes introduced:

H. F. No. 680, A bill for an act relating to appropriations; children, families, and learning; appropriating money for a grant to provide transitional housing services.

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

Rhodes introduced:

H. F. No. 681, A bill for an act relating to young people; appropriating money for youth outreach services.

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


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Gunther, Dorn and Kalis introduced:

H. F. No. 682, A bill for an act relating to taxes; sales and use; reducing the general rate; amending Minnesota Statutes 2000, section 297A.62, subdivision 1.

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

McGuire introduced:

H. F. No. 683, A bill for an act relating to environment; banning the sale and use of chromated copper arsenate and products containing chromated copper arsenate; proposing coding for new law in Minnesota Statutes, chapter 116.

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

McGuire introduced:

H. F. No. 684, A bill for an act relating to vegetation removal; cleaning up the capitol grounds.

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

McGuire introduced:

H. F. No. 685, A bill for an act relating to child labor; prohibiting the employment of minors without adult supervision; proposing coding for new law in Minnesota Statutes, chapter 181A.

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

Jaros, Huntley and Murphy introduced:

H. F. No. 686, A bill for an act relating to economic development; appropriating money for the Duluth Technology Village.

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

Kielkucki, Entenza, Mares, Ness and Goodwin introduced:

H. F. No. 687, A bill for an act relating to education finance; increasing funding for school lunches and breakfasts; expanding school eligibility for priority for a fast break for learning grant; appropriating money; amending Minnesota Statutes 2000, sections 124D.111, subdivision 1; 124D.115, subdivision 3; and 124D.1155, subdivision 2.

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


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Bakk introduced:

H. F. No. 688, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land that borders public water in St. Louis county.

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

Bakk and Anderson, I., introduced:

H. F. No. 689, A bill for an act relating to taxation; authorizing the city of Beaver Bay to impose a sales and use tax; providing for use of the proceeds.

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

Mahoney, Boudreau, Marko, Abeler, Kuisle, Rifenberg and Tingelstad introduced:

H. F. No. 690, A bill for an act relating to consumer protection; prohibiting the tattooing of minors; providing an exception; 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, Jobs and Economic Development.

Hackbarth introduced:

H. F. No. 691, A bill for an act relating to commerce; eliminating the motor vehicle transfer fee; repealing Minnesota Statutes 2000, section 115A.908.

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

Sviggum introduced:

H. F. No. 692, A bill for an act relating to crime prevention; requiring that juvenile correctional facilities allow residents to attend religious services in the community in certain instances; prohibiting the commissioner of corrections from granting or renewing licenses to facilities that fail to comply with this requirement; amending Minnesota Statutes 2000, section 241.05.

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

Goodno, Bradley, Boudreau, Abeler, Otremba, Haas and Huntley introduced:

H. F. No. 693, A bill for an act relating to health; creating a dentists loan forgiveness program; establishing a donated dental services program; repealing the requirement of participation in state health care programs for dental providers; requiring the commissioner of human services to carve out dental services in managed care contracts; increasing reimbursement rates for dental care; providing certain immunities for dental providers; appropriating money; amending Minnesota Statutes 2000, sections 256B.037, subdivision 1; 256B.0644; 256B.69, subdivisions 5a, 6, and by adding a subdivision; and 256B.76; proposing coding for new law in Minnesota Statutes, chapters 144; 256; and 604A; repealing Minnesota Statutes 2000, section 256B.037, subdivision 5.

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


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Davids, Larson, Milbert, Entenza, Haas and Workman introduced:

H. F. No. 694, A bill for an act relating to insurance; no-fault auto; regulating income loss benefits to senior citizens; amending Minnesota Statutes 2000, section 65B.491.

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

Osskopp, Murphy, Mares and Howes introduced:

H. F. No. 695, A bill for an act relating to state employment; establishing the health care reimbursement plan for state employees; creating a task force; defining terms; transferring funds; appropriating money; amending Minnesota Statutes 2000, sections 352.03, subdivisions 4 and 6; 356A.01, subdivisions 8 and 24; 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.

Stanek, Smith, Osskopp, Ozment and Johnson, S., introduced:

H. F. No. 696, A bill for an act relating to corrections; creating discipline procedures for correctional officers; 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.

Holsten, Erhardt, Milbert, Howes and Lenczewski introduced:

H. F. No. 697, A bill for an act relating to taxation; providing a reduced class rate for certain property bordering public waters; amending Minnesota Statutes 2000, section 273.13, subdivision 23.

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

Osskopp, Ozment, Wenzel, Murphy and Mares introduced:

H. F. No. 698, A bill for an act relating to retirement; including certain firefighters in the public employees police and fire plan; amending Minnesota Statutes 2000, section 353.64, by adding a subdivision.

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

Sykora, Paymar, Stanek, Bishop and Tuma introduced:

H. F. No. 699, A bill for an act relating to crime; requiring additional findings before pretrial release of a defendant accused of domestic abuse, harassment, or violation of an order for protection; providing that additional crimes and crimes from other jurisdictions may be used to enhance penalties; increasing criminal penalties; specifying standards for domestic abuse offender programs and requiring courts to sentence certain offenders to these programs; authorizing domestic abuse advocates to access private data in police reports; clarifying procedures for recognition of parentage and requiring separate proceedings; allowing certain prior statements of domestic abuse by the victim to be admissible in judicial proceedings; requiring probation agencies to adopt specialized policies for classifying the risk level of domestic abuse offenders; requiring data collection on disorderly conduct convictions;


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 230

appropriating money to increase supervision of high risk domestic abuse offenders by means of caseload reduction; appropriating money to fund services for battered women; appropriating money for criminal justice intervention projects; appropriating money for monitoring judicial responses to domestic assault; amending Minnesota Statutes 2000, sections 257.75, subdivision 3; 299C.10, subdivision 1; 518B.01, subdivisions 3, 6, and 14; 609.224, subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 609.748, subdivision 6; 609.749, subdivisions 4 and 5; 629.341, subdivisions 1 and 4; and 629.72; proposing coding for new law in Minnesota Statutes, chapters 518B; 611A; and 634; repealing Minnesota Statutes 2000, section 609.2244, subdivision 4.

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

Lieder introduced:

H. F. No. 700, A bill for an act relating to appropriations; authorizing grants to the city of Ada to reimburse expenses in connection with temporary financing in anticipation of FEMA financing for 1997 flood recovery projects; appropriating money.

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

Gunther, Davids, McElroy, Jennings and Stang introduced:

H. F. No. 701, A bill for an act relating to drug and alcohol testing; permitting the use of on-site testing under certain circumstances; amending Minnesota Statutes 2000, sections 181.950, subdivisions 5 and 8, and by adding a subdivision; 181.951, subdivision 1; 181.953, subdivisions 1, 3, 4, 5, and 7; and 181.954, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Goodno and Bradley introduced:

H. F. No. 702, A bill for an act relating to human services; amending the local intervention grant formula; amending Minnesota Statutes 2000, section 256J.625.

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

Goodno introduced:

H. F. No. 703, A bill for an act relating to human services; appropriating money for the senior service corps volunteer programs.

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

Fuller, Otremba, Goodno, Nornes, Haas and Koskinen introduced:

H. F. No. 704, A bill for an act relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel; amending Minnesota Statutes 2000, section 364.09.

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


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Opatz introduced:

H. F. No. 705, A bill for an act relating to land use; providing for state matching grants for purchase of development rights; appropriating money.

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

Goodno, Otremba, Boudreau, Abeler, Slawik and Walker introduced:

H. F. No. 706, A bill for an act relating to health; establishing eligibility for medical assistance for certain persons needing treatment for breast or cervical cancer; appropriating money; amending Minnesota Statutes 2000, section 256B.055, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Skoglund, Stanek, Pugh, Tuma and Murphy introduced:

H. F. No. 707, A bill for an act relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances; amending Laws 1997, chapter 239, article 4, section 15, as amended.

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

Workman introduced:

H. F. No. 708, A bill for an act relating to motor vehicles; clarifying exemption from registration taxes for certain well drilling machines, pump hoists, and other equipment; amending Minnesota Statutes 2000, section 168.012, subdivision 5.

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

Opatz and Schumacher introduced:

H. F. No. 709, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a grant for parks and trails to the St. Cloud area joint powers board.

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

Wolf, Jennings and Paulsen introduced:

H. F. No. 710, A bill for an act relating to utilities; restructuring the regulation of electricity generation; providing for transition to a competitive industry; requiring restructuring plans; requiring unbundling of services; providing for recovery of stranded costs; requiring registration of suppliers; providing civil remedies; appropriating money; amending Minnesota Statutes 2000, section 272.027, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 216E.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 232

Penas, Goodno, Mulder, Huntley, Otremba, Bradley, Harder, Daggett, Westrom, Peterson, Hilty, Sertich, Winter, Kalis, Lieder, Kubly and Finseth introduced:

H. F. No. 711, A bill for an act relating to health; modifying summer health intern provisions; modifying provisions for grants to rural hospitals; funding the rural hospital, planning, and transition grant program; modifying student loan repayment provisions for health professionals; creating a health care technician loan forgiveness program; creating a rural hospital nurse loan forgiveness program; eliminating the sunset for medical assistance coverage of telemedicine consultations; funding rural health initiatives through the general fund; appropriating money; amending Minnesota Statutes 2000, sections 144.1464, subdivision 2; 144.147, subdivision 2; 144.148, subdivision 8; and 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Mares, Stanek and Murphy introduced:

H. F. No. 712, A bill for an act relating to retirement; changing contribution rates for the local government correctional service plan; amending Minnesota Statutes 2000, section 353E.03.

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

Boudreau, Huntley, Bradley, Goodno and Koskinen introduced:

H. F. No. 713, A bill for an act relating to human services; adding day training and habilitation services as a covered service under medical assistance; appropriating money; amending Minnesota Statutes 2000, sections 252.43; and 256B.0625, by adding a subdivision.

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

Tingelstad, Jennings, Mahoney, Goodno and Haas introduced:

H. F. No. 714, A bill for an act relating to occupations; requiring plumbers to be licensed; establishing inspection requirements for new plumbing installations; allowing the commissioner to charge fees to hire staff; licensing restricted plumbing contractors; requiring rulemaking; amending Minnesota Statutes 2000, sections 144.122; 326.01, by adding a subdivision; 326.37, subdivision 1, and by adding a subdivision; 326.38; and 326.40, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2000, section 326.45.

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

Molnau introduced:

H. F. No. 715, A bill for an act relating to school buses; limiting authority to operate certain school buses without a school bus endorsement; amending Minnesota Statutes 2000, section 171.321, subdivision 1.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 233

Kielkucki introduced:

H. F. No. 716, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 111, Watertown-Mayer.

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

Gunther, Dorn, Kalis, Davids and Rukavina introduced:

H. F. No. 717, A bill for an act relating to appropriations; appropriating money for a pilot project for the River Bend Rural Advanced Business Facilitation Program.

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

Skoe introduced:

H. F. No. 718, A bill for an act relating to probate; limiting effect of a medical assistance claim clearance provision; amending Minnesota Statutes 2000, section 525.313.

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

Lieder and Skoe introduced:

H. F. No. 719, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for reconstruction and modification of the Ottertail dam on Red Lake river.

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

Wasiluk introduced:

H. F. No. 720, A bill for an act relating to employment; regulating employee invention agreements; amending Minnesota Statutes 2000, section 181.78, by adding a subdivision.

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

Larson and Gleason introduced:

H. F. No. 721, A bill for an act relating to appropriations; appropriating money for redevelopment grants for the city of Richfield.

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

Leighton; Bakk; Clark, K.; Rukavina and Marko introduced:

H. F. No. 722, A bill for an act relating to occupational safety and health; permitting injured employees a civil remedy if an employer willfully or repeatedly violated safety laws; amending Minnesota Statutes 2000, section 182.666, subdivision 1.

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


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Finseth, Skoe, Penas and Lieder introduced:

H. F. No. 723, A bill for an act relating to natural resources; appropriating money for state recreation areas.

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

Rhodes, Davids, Mares, Kahn and Anderson, B., introduced:

H. F. No. 724, A bill for an act relating to public contracts; specifying procedures to be followed for certain professional service contracts; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Tingelstad, Wagenius, Haas, Workman, Osthoff, Kelliher, Hausman, Jennings, Hackbarth, Mares, Rhodes, Vandeveer, Leppik, Pawlenty, Wasiluk, Pugh, Kahn, Lenczewski and Larson introduced:

H. F. No. 725, A bill for an act relating to appropriations; appropriating money for the operation and maintenance of the metropolitan regional parks system.

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

Skoglund introduced:

H. F. No. 726, A bill for an act relating to retirement; unclassified employees retirement plan of the Minnesota state retirement system; authorizing a purchase of prior service credit for temporary full-time employment.

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

Clark, J.; Huntley; Koskinen; Clark, K., and Nornes introduced:

H. F. No. 727, A bill for an act relating to human services; requiring the commissioner of human services to place individual names on graves at regional treatment center cemeteries; appropriating money.

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

Sertich, Huntley, Rukavina, Dorn and Bakk introduced:

H. F. No. 728, A bill for an act relating to education finance; using a five-year average enrollment to calculate declining pupil revenue; amending Minnesota Statutes 2000, section 126C.05, subdivisions 5, 6, and 14.

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 235

Ozment; Mares; Boudreau; Goodwin; Pugh; Mariani; Huntley; Clark, K.; Dorman; Otremba; Rhodes; Sertich; McElroy and Walker introduced:

H. F. No. 729, A bill for an act relating to health; establishing a nursing grant program for persons of color; modifying the summer health care interns program; modifying a nursing loan forgiveness program; establishing a rural nursing scholarship program and school nurse loan forgiveness program; providing rate increases to certain nursing facilities; establishing a community health care planning program; requiring a study; appropriating money; amending Minnesota Statutes 2000, sections 144.1464, subdivisions 1, 2, and 3; 144.1496, subdivision 3; and 256B.431, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 136A; 144; and 145.

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

Hausman and Osthoff introduced:

H. F. No. 730, A bill for an act relating to metropolitan government; regulating transit on park roads in St. Paul; amending Minnesota Statutes 2000, section 473.411, subdivision 5.

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

Pugh, Evans, Mares, Slawik, Thompson, Hilstrom, Schumacher and Koskinen introduced:

H. F. No. 731, A bill for an act relating to education finance; increasing the funding for debt service equalization aid; lowering the property tax levy for new school buildings; appropriating money; amending Minnesota Statutes 2000, sections 123B.53, subdivisions 4 and 5; and 123B.54.

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

Thompson introduced:

H. F. No. 732, A bill for an act relating to retirement; authorizing purchase of service credit from the public employees retirement association.

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

Gleason, Kahn and Skoglund introduced:

H. F. No. 733, A bill for an act relating to health; establishing the drug price control board; requiring the board to establish maximum manufacturer prices for prescription drugs and perform other duties; providing penalties; appropriating money; amending Minnesota Statutes 2000, sections 151.47, subdivision 1; and 325D.071; proposing coding for new law in Minnesota Statutes, chapter 62Q; proposing coding for new law as Minnesota Statutes, chapter 62U.

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


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Davnie, Leighton, Folliard, Paymar and Marquart introduced:

H. F. No. 734, A bill for an act relating to education finance; increasing funding for school lunches and breakfasts; expanding school eligibility for a fast break to learning grant; appropriating money; amending Minnesota Statutes 2000, sections 124D.111, subdivision 1; 124D.115, subdivision 3; and 124D.1155, subdivisions 2 and 3.

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

Leppik and Davids introduced:

H. F. No. 735, A bill for an act relating to traffic regulations; prescribing restraint requirements for persons under age 18 in motor vehicles; requiring certain passengers to be transported in booster seats; extending seat belt use requirement to passengers in all seats of a passenger vehicle or commercial motor vehicle; eliminating certain exemptions from the seat belt requirement; increasing penalties for violation of child restraint and seat belt requirements; amending Minnesota Statutes 2000, sections 169.685, subdivisions 4, 5, 6, and 7; and 169.686, subdivisions 1 and 2.

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

Carlson, Dorn, Luther, Hausman and Anderson, I., introduced:

H. F. No. 736, A bill for an act relating to taxes; sales and use tax; expanding the exemption for home heating fuels; amending Minnesota Statutes 2000, section 297A.67, subdivision 15.

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

Mariani and Gray introduced:

H. F. No. 737, A bill for an act relating to crime prevention; requiring the collection and analysis of data and the adoption of policies on racial profiling; requiring the retention of an independent outside expert to analyze the data; requiring law enforcement training and conferences in eliminating racial profiling; requiring a report; appropriating money; amending Minnesota Statutes 2000, section 13.871, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Opatz, Wenzel, Schumacher and Lenczewski introduced:

H. F. No. 738, A bill for an act relating to education finance; increasing the general education basic formula allowance; amending Minnesota Statutes 2000, section 126C.10, subdivision 2.

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

Osskopp, Rifenberg, Dempsey, Osthoff, Pelowski, Kahn and Hausman introduced:

H. F. No. 739, A bill for an act relating to community development; providing funding for the 2004 Grand Excursion; appropriating money.

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


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Sertich, Huntley, Rukavina, Dorn and Bakk introduced:

H. F. No. 740, A bill for an act relating to education finance; increasing funding for districts with declining enrollment; amending Minnesota Statutes 2000, section 126C.05, subdivisions 5 and 6.

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

Goodwin, Evans, Dorn, Luther and Bernardy introduced:

H. F. No. 741, A bill for an act relating to education finance; expanding eligibility for the alternative facilities program to districts with older facilities; amending Minnesota Statutes 2000, section 123B.59, subdivision 1.

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

Mulder introduced:

H. F. No. 742, A bill for an act relating to human services; increasing prepaid medical assistance and prepaid general assistance medical care program capitation rates for nonmetropolitan counties; amending Minnesota Statutes 2000, section 256B.69, subdivision 5b.

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

Anderson, I., introduced:

H. F. No. 743, A bill for an act relating to education; providing for revenue for extracurricular activities; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Anderson, I., introduced:

H. F. No. 744, A bill for an act relating to education; modifying the general education revenue formula; modifying the referendum allowance for the referendum revenue program; amending Minnesota Statutes 2000, sections 126C.10, subdivision 1; and 126C.17, subdivision 1.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 228.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 238

FIRST READING OF SENATE BILLS

S. F. No. 228, A bill for an act relating to education; appropriating money for school district energy costs.

The bill was read for the first time.

CALL OF THE HOUSE

On the motion of Pawlenty and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abeler Dibble Hilstrom Larson Otremba Stanek
Abrams Dorman Hilty Leighton Ozment Stang
Anderson, B. Dorn Holberg Lenczewski Paulsen Swapinski
Anderson, I. Eastlund Howes Leppik Pawlenty Swenson
Bakk Erhardt Huntley Lieder Paymar Sykora
Bernardy Erickson Jacobson Lindner Penas Thompson
Biernat Evans Jaros Lipman Peterson Tingelstad
Bishop Finseth Jennings Luther Pugh Tuma
Boudreau Fuller Johnson, J. Mares Rhodes Vandeveer
Bradley Gerlach Johnson, R. Mariani Rifenberg Wagenius
Buesgens Gleason Johnson, S. Marko Rukavina Walker
Carlson Goodno Juhnke Marquart Ruth Walz
Cassell Goodwin Kahn McGuire Schumacher Wasiluk
Clark, J. Gray Kelliher Molnau Seagren Wenzel
Daggett Greiling Kielkucki Mulder Seifert Westerberg
Davids Gunther Knoblach Murphy Sertich Westrom
Davnie Haas Koskinen Ness Skoe Wilkin
Dawkins Hackbarth Krinkie Nornes Skoglund Wolf
Dehler Harder Kubly Olson Slawik Workman
Dempsey Hausman Kuisle Osskopp Smith Spk. Sviggum

Pawlenty moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Pawlenty moved that the rule therein be suspended and an urgency be declared so that S. F. No. 228 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called.

Abrams moved that those not voting be excused from voting. The motion prevailed.


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There were 107 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Howes Lipman Penas Swenson
Anderson, B. Erhardt Huntley Luther Peterson Sykora
Anderson, I. Erickson Jacobson Mares Pugh Thompson
Bakk Evans Jaros Marquart Rhodes Tingelstad
Bernardy Finseth Jennings McGuire Rifenberg Tuma
Bishop Folliard Johnson, J. Milbert Rukavina Vandeveer
Boudreau Fuller Johnson, R. Molnau Ruth Wagenius
Bradley Gerlach Juhnke Mulder Schumacher Walz
Buesgens Goodno Kielkucki Murphy Seagren Wasiluk
Cassell Goodwin Knoblach Ness Seifert Wenzel
Clark, J. Greiling Kubly Nornes Sertich Westerberg
Daggett Gunther Kuisle Olson Skoe Westrom
Davids Haas Larson Osskopp Skoglund Wilkin
Davnie Hackbarth Leighton Osthoff Slawik Winter
Dehler Harder Lenczewski Otremba Smith Wolf
Dempsey Hilstrom Leppik Ozment Stanek Workman
Dorman Holberg Lieder Paulsen Stang Spk. Sviggum
Dorn Holsten Lindner Pawlenty Swapinski

Those who voted in the negative were:

Abrams Dibble Hausman Kahn Krinkie Paymar
Biernat Gleason Hilty Kelliher Mariani Walker
Dawkins Gray Johnson, S. Koskinen Marko

The motion prevailed.

Pawlenty moved that the rules of the House be so far suspended that S. F. No. 228 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called. There were 109 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Huntley Mares Pugh Tingelstad
Anderson, B. Erhardt Jacobson Marquart Rhodes Tuma
Anderson, I. Erickson Jaros McGuire Rifenberg Vandeveer

Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 240
Bakk Evans Jennings Milbert Rukavina Wagenius
Bernardy Finseth Johnson, J. Molnau Ruth Walz
Bishop Folliard Johnson, R. Mulder Schumacher Wasiluk
Boudreau Fuller Juhnke Murphy Seagren Wenzel
Bradley Gerlach Kielkucki Ness Seifert Westerberg
Buesgens Goodno Knoblach Nornes Sertich Westrom
Carlson Goodwin Kubly Olson Skoe Wilkin
Cassell Greiling Kuisle Osskopp Skoglund Winter
Clark, J. Gunther Larson Osthoff Slawik Wolf
Daggett Haas Leighton Otremba Smith Workman
Davids Hackbarth Lenczewski Ozment Stanek Spk. Sviggum
Davnie Harder Leppik Paulsen Stang
Dehler Hilstrom Lieder Pawlenty Swapinski
Dempsey Holberg Lindner Paymar Swenson
Dorman Holsten Lipman Penas Sykora
Dorn Howes Luther Peterson Thompson

Those who voted in the negative were:

Abrams Dibble Hausman Kahn Krinkie Walker
Biernat Gleason Hilty Kelliher Mariani
Dawkins Gray Johnson, S. Koskinen Marko

The motion prevailed.

S. F. No. 228 was read for the second time.

S. F. No. 228 was reported to the House.

Abrams moved to amend S. F. No. 228 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [STATEMENT OF PURPOSE.]

(a) The state of Minnesota derives revenues from a variety of taxes, fees, and other sources, including the state sales tax.

(b) It is fair and reasonable to refund the existing state budget surplus in the form of a rebate of nonbusiness consumer sales taxes paid by individuals in calendar year 1999.

(c) Information concerning the amount of sales tax paid at various income levels is contained in the Minnesota tax incidence report, which is written by the commissioner of revenue and presented to the legislature according to Minnesota Statutes, section 270.0682.

(d) It is fair and reasonable to use information contained in the Minnesota tax incidence report, updated to calendar year 1999, to determine the proportionate share of the sales tax rebate due each eligible taxpayer since no effective or practical mechanism exists for determining the amount of actual sales tax paid by each eligible individual.

Sec. 2. [SALES TAX REBATE.]

Subdivision 1. [ELIGIBILITY; REBATE BASED ON INCOME.] An individual who was a resident of Minnesota for any part of 1999, and filed a 1999 Minnesota income tax return on or before November 30, 2001, and had a tax liability before refundable credits on that return of at least $1 and who was not allowed to be claimed as a dependent on a 1999 federal income tax return filed by another person is eligible for a sales tax rebate based on income under either subdivision 2 or 3.


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Subd. 2. [MARRIED JOINT AND HEAD OF HOUSEHOLD FILERS.] The sales tax rebate for taxpayers who qualify under subdivision 1 and are married filing joint or head of household filers is computed according to the following schedule:

Income Sales Tax Rebate

less than $2,500 $242

at least $2,500 but less than $5,000 $312

at least $5,000 but less than $10,000 $333

at least $10,000 but less than $15,000 $365

at least $15,000 but less than $20,000 $396

at least $20,000 but less than $25,000 $431

at least $25,000 but less than $30,000 $449

at least $30,000 but less than $35,000 $487

at least $35,000 but less than $40,000 $533

at least $40,000 but less than $45,000 $571

at least $45,000 but less than $50,000 $601

at least $50,000 but less than $60,000 $641

at least $60,000 but less than $70,000 $686

at least $70,000 but less than $80,000 $755

at least $80,000 but less than $90,000 $810

at least $90,000 but less than $100,000 $894

at least $100,000 but less than $120,000 $968

at least $120,000 but less than $140,000 $1,061

at least $140,000 but less than $160,000 $1,147

at least $160,000 but less than $180,000 $1,228

at least $180,000 but less than $200,000 $1,304

at least $200,000 but less than $400,000 $1,669

at least $400,000 but less than $600,000 $2,195

at least $600,000 but less than $800,000 $2,634

at least $800,000 but less than $1,000,000 $3,020

$1,000,000 and over $3,500

Subd. 3. [SINGLE AND MARRIED SEPARATE FILERS.] The sales tax rebate for individuals who qualify under subdivision 1 as single or married filing separately must be computed according to the following schedule:

Income Sales Tax Rebate

less than $2,500 $138

at least $2,500 but less than $5,000 $168

at least $5,000 but less than $10,000 $197

at least $10,000 but less than $15,000 $265

at least $15,000 but less than $20,000 $303

at least $20,000 but less than $25,000 $329

at least $25,000 but less than $30,000 $343

at least $30,000 but less than $40,000 $374

at least $40,000 but less than $50,000 $419

at least $50,000 but less than $70,000 $494

at least $70,000 but less than $100,000 $627

at least $100,000 but less than $140,000 $755

at least $140,000 but less than $200,000 $912

at least $200,000 but less than $400,000 $1,237

at least $400,000 but less than $600,000 $1,627

$600,000 and over $1,750


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Subd. 4. [NONRESIDENTS.] Individuals who were not residents of Minnesota for any part of 1999 and who paid more than $10 in Minnesota sales tax under chapter 297A on nonbusiness consumer purchases in that year qualify for a rebate under this subdivision only. Qualifying nonresidents must file a claim for rebate on a form prescribed by the commissioner by November 30, 2001. The claim must include receipts showing the Minnesota sales tax paid and the date of the sale. Taxes paid on purchases allowed in the computation of federal taxable income or reimbursed by an employer are not eligible for the rebate. The commissioner shall determine the qualifying taxes paid and rebate the lesser of:

(1) 42.85 percent of that amount; or

(2) the maximum amount for which the claimant would have been eligible as determined under subdivision 2 if the taxpayer filed the 1999 federal income tax return as a married taxpayer filing jointly or head of household, or as determined under subdivision 3 for other taxpayers.

Subd. 5. [DEFINITION OF INCOME.] "Income," for purposes of this section other than subdivision 4, is taxable income as defined in section 63 of the Internal Revenue Code of 1986, as amended through December 31, 1998, plus the sum of any additions to federal taxable income for the taxpayer under Minnesota Statutes, section 290.01, subdivision 19a, and reported on the original 1999 income tax return, including subsequent adjustments to that return made within the time limits specified in subdivision 12. For an individual who was a resident of Minnesota for less than the entire year, the sales tax rebate equals the sales tax rebate calculated under subdivision 2 or 3 multiplied by the percentage determined pursuant to Minnesota Statutes, section 290.06, subdivision 2c, paragraph (e), as calculated on the original 1999 income tax return, including subsequent adjustments to that return made within the time limits specified in subdivision 12. For purposes of subdivision 4, "income" is taxable income as defined in section 63 of the Internal Revenue Code of 1986, as amended through December 31, 1998, and reported on the taxpayer's original federal tax return for the first taxable year beginning after December 31, 1998.

Subd. 6. [SOCIAL SECURITY AND PUBLIC PENSION RECIPIENTS.] (a) An individual qualifies for a rebate of $138 under this subdivision if the individual:

(1) Was a resident of Minnesota for all of calendar year 2000;

(2) Is not eligible for a rebate under subdivision 7;

(3) Attained the age of 18 on or before December 31, 1999; and

(4)(i) Received social security benefits as defined in section 86(d)(1) of the Internal Revenue Code of 1986, as amended through December 31, 2000, in calendar year 1999; or

(ii) Received federal, state or local public pension or disability benefits in calendar year 1999 and the commissioner is able to obtain reliable information from the appropriate public pension plan administrator within a reasonable period time to permit paying the rebate.

(b) An individual or married couple who qualifies for a rebate under both this subdivision and subdivision 1 is eligible for the rebate under whichever subdivision provides a larger amount.

(c) If the Social Security Administration, Railroad Retirement Board, or the administrator of a public pension is paying benefits to a recipient by electronic funds transfers in calendar year 2001, the commissioner may pay the rebate under this subdivision through electronic funds transfer to the same financial institution and into the same account into which those benefits are transferred in calendar year 2001.

(d) For purposes of this subdivision, "public pension plan administrator" means (1) a state and local public pension administrator, (2) the federal Civil Service Retirement System, (3) the United States Department of Defense for the military retirement and survivors benefit programs, (4) the United States veterans administration, and (5) the Federal Employees Retirement System.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 243

(e) A state and local public pension administrator is an entity paying benefits under a pension plan enumerated in Minnesota Statutes, section 356.20, subdivision 2. Each state and local pension administrator shall provide to the commissioner of revenue, in a form the commissioner prescribes, a list of individuals to which it pays benefits that meet the requirements of paragraph (a), clauses (1) and (3).

Subd. 7. [DEPENDENTS.] An individual who:

(1) was allowed to be claimed as a dependent on a 1999 federal income tax return filed by another person;

(2) would have otherwise been eligible for a rebate under subdivision 1; and

(3) reported earned income as defined in section 32(c)(2)(A)(i) of the Internal Revenue Code,

is eligible for a rebate under this subdivision only. The rebate under this subdivision equals 35 percent of the amount allowed under the schedule in subdivision 3 based on the individual's income. For an individual who was a resident of Minnesota for less than the entire year, the sales tax rebate equals the rebate calculated under this subdivision multiplied by the percentage determined pursuant to Minnesota Statutes, section 290.06, subdivision 2c, paragraph (e), as calculated on the original 1999 income tax return.

Subd. 8. [CREDIT RECIPIENTS.] An individual who

(1) was a resident of Minnesota for any part of 1999;

(2) was not eligible for a rebate under subdivision 1, 6 or 7;

(3) was not allowed to be claimed as a dependent on a 1999 federal income tax return by another person; and

(4)(i) claimed a refund under Minnesota Statutes, chapter 290A, for property taxes paid in 2000 or rent constituting property taxes paid in 1999; or

(ii) filed a 1999 Minnesota income tax return before November 30, 2001, in order to

(A) claim a credit under section 290.067, 290.0671, or 290.0674;

(B) claim a refund of withheld taxes; or

(C) claim a refund of estimated taxes,

is eligible for a rebate under this subdivision only. For married couples filing joint returns and heads of households, the rebate equals the minimum amount in subdivision 2. For single filers and married individuals filing separate returns and for rebates based on refunds under Minnesota Statutes, chapter 290A, the rebate equals the minimum amount in subdivision 3. For an individual who was a resident of Minnesota for less than the entire year, the sales tax rebate equals the rebate calculated under this subdivision multiplied by the percentage determined under Minnesota Statutes, section 290.06, subdivision 2c, paragraph (e), as calculated on the original 1999 income tax return.

Subd. 9. [FISCAL YEAR TAXPAYERS.] For a fiscal year taxpayer, the dates in subdivisions 1 through 4 are extended one month for each month in calendar year 1999 that occurred prior to the start of the individual's 1999 fiscal tax year.

Subd. 10. [PAYMENT TO STATE.] (a) A taxpayer receiving a rebate under this section may endorse and return the rebate check to the state and designate that the returned rebate be deposited in one or more of the following accounts for use only for the purposes designated in this subdivision:


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 244

(1) an account for the basic sliding fee child care program for child care assistance to families administered by the commissioner of children, families, and learning under Minnesota Statutes, section 119B.03;

(2) an account for kindergarten through grade 12 education purposes, such as reducing instructor-to-student ratios and paying increased heating fuel costs for school facilities, to be administered by the commissioner of children, families, and learning;

(3) the affordable rental investment fund to be used by the housing finance agency for family rental housing assistance under Minnesota Statutes, section 462A.21, subdivision 8b;

(4) the contaminated site cleanup and development account to be used by the commissioner of trade and economic development for contamination cleanup development grants under Minnesota Statutes, sections 116J.551 to 116J.556;

(5) an account to provide funding for public transit and highway improvement projects to reduce congestion to be administered by the commissioner of transportation; and

(6) an account to increase funding for the University of Minnesota and the Minnesota state colleges and universities under Minnesota Statutes, section 136F.01, as appropriated by law.

(b) The rebate check must be accompanied by a notice prepared by the commissioner of revenue that explains the taxpayer's option to endorse the check to the state, and explains the uses of the funds that the taxpayer may designate. In preparing the notice, the commissioner of revenue shall consult with the commissioners or agencies that administer the funds or accounts. The notice must also explain that a taxpayer may cash the rebate check and mail a contribution of any amount to the state and that the contribution must be used for the option or options under paragraph (a) as designated by the taxpayer. The notice must contain in bold print the address to which the endorsed check or a state contribution may be mailed.

(c) Funds endorsed and mailed to the state and contributions mailed to the state under this section shall be deposited by the commissioner of finance in the fund or account designated, and are appropriated to the agency or commissioner designated by the taxpayer or contributor for use as provided in this section. Funds appropriated under this paragraph are available until expended.

(d) Funds appropriated under this section are in addition to any funds appropriated for the purposes given in this section and may not be used for any other purposes including the reduction of any other appropriations. Funds appropriated to a commissioner or agency under this section are not included in the department's or agency's budget base.

Subd. 11. [PAYMENT DATES; INTEREST.] The commissioner of revenue shall begin paying sales tax rebates by 90 days after the later of (1) the release of the February 2001 forecast by the commissioner of finance or (2) final enactment of this act. Sales tax rebates not paid by January 1, 2002, bear interest at the rate specified in Minnesota Statutes, section 270.75.

Subd. 12. [NO ADJUSTMENTS AFTER PROCESSING.] A sales tax rebate may not be adjusted based on changes to a 1999 income tax return that are made by order of assessment after the date the rebate is processed, or made by the taxpayer that are filed with the commissioner of revenue after that date.

Subd. 13. [JOINT REBATE RULES.] Individuals who filed a joint income tax return for 1999 must receive a joint sales tax rebate. After the sales tax rebate has been issued, but before the check has been cashed, either joint claimant may request a separate check for one-half of the joint sales tax rebate. Notwithstanding anything in this section to the contrary, if prior to payment, the commissioner has been notified that persons who filed a joint 1999 income tax return are living at separate addresses, as indicated on their 2000 income tax return or otherwise, the commissioner may issue separate checks to each person. The amount payable to each person is one-half of the total joint rebate.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 245

Subd. 14. [DECEASED INDIVIDUALS.] If a rebate is received by the estate of a deceased individual after the probate estate has been closed, and if the original rebate check is returned to the commissioner with a copy of the decree of descent or final account of the estate, social security numbers, and addresses of the beneficiaries, the commissioner may issue separate checks in proportion to their share in the residuary estate in the names of the residuary beneficiaries of the estate.

Subd. 15. [APPLICATION OF OTHER LAW.] (a) The sales tax rebate is a "Minnesota tax law" for purposes of Minnesota Statutes, section 270B.01, subdivision 8.

(b) The sales tax rebate is "an overpayment of any tax collected by the commissioner" for purposes of Minnesota Statutes, section 270.07, subdivision 5. For purposes of this subdivision, a joint sales tax rebate is payable to each spouse equally.

(c) The sales tax rebate is a refund subject to revenue recapture under Minnesota Statutes, chapter 270A. The commissioner of revenue shall remit the entire refund to the claimant agency, which shall, upon the request of the spouse who does not owe the debt, refund one-half of the joint sales tax rebate to the spouse who does not owe the debt.

Subd. 16. [LAPSE OF ENTITLEMENT.] If the commissioner of revenue cannot locate an individual entitled to a sales tax rebate by July 1, 2003, or if an individual to whom a sales tax rebate was issued has not cashed the check by July 1, 2003, the right to the sales tax rebate lapses and the check must be deposited in the general fund.

Subd. 17. [CLAIMS FOR UNPAID REBATES.] Individuals entitled to a sales tax rebate pursuant to subdivision 1, 6, 7, or 8 but who did not receive one, and individuals who receive a sales tax rebate that was not correctly computed, must file a claim with the commissioner before July 1, 2002, in a form prescribed by the commissioner. These claims must be treated as if they are a claim for refund under Minnesota Statutes, section 289A.50, subdivisions 4 and 7.

Subd. 18. [APPROPRIATION.] The rebate is a reduction of fiscal year 2001 sales tax revenues. The amount necessary to make the sales tax rebates and interest provided in this section is appropriated from the general fund to the commissioner of revenue in fiscal year 2001 and is available until June 30, 2003.

Subd. 19. [ILLEGALLY CASHED CHECKS.] If a sales tax rebate check is cashed by someone other than the payee or payees of the check, and the commissioner of revenue determines that the check has been forged or improperly endorsed or the commissioner determines that a rebate was overstated or erroneously issued, the commissioner may issue an order of assessment for the amount of the check or the amount the check is overstated against the person or persons cashing it. The assessment must be made within two years after the check is cashed, but if cashing the check constitutes theft under Minnesota Statutes, section 609.52, or forgery under Minnesota Statutes, section 609.631, the assessment can be made at any time. The assessment may be appealed administratively and judicially. The commissioner may take action to collect the assessment in the same manner as provided by Minnesota Statutes, chapter 289A, for any other order of the commissioner assessing tax.

Subd. 20. [AUTHORITY TO CONTRACT WITH VENDOR.] Notwithstanding Minnesota Statutes, sections 9.031, 16A.40, 16B.49, 16B.50, and any other law to the contrary, the commissioner of revenue may take whatever actions the commissioner deems necessary to pay the rebates required by this section, and may, in consultation with the commissioner of finance and the state treasurer, contract with a private vendor or vendors to process, print, and mail the rebate checks or warrants required under this section and receive and disburse state funds to pay those checks or warrants.

Subd. 21. [ELECTRONIC PAYMENT.] The commissioner may pay rebates required by this section by electronic funds transfer to individuals who requested that their 2000 individual income tax refund be paid through electronic funds transfer. The commissioner may make the electronic funds transfer payments to the same financial institution and into the same account as the 2000 individual income tax refund.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 246

Subd. 22. [ADJUSTMENTS.] Before payment, the commissioner of revenue shall adjust the rebate as follows:

the rebates calculated in subdivisions 2, 3, 4, 6, 7, and 8 must be proportionately reduced to account for (i) rebates under subdivisions 7 and 8, and (ii) 1999 income tax returns that are filed on or after January 1, 2001, but before April 1, 2001, so that the estimated amount of sales tax rebates payable under subdivisions 2, 3, 4, 6, 7, and 8 on the date the rebate is processed does not exceed the amount of the ending unobligated general fund balance for the fiscal year 2000-2001 biennium, as estimated in the February 2001 forecast prepared by the commissioner of finance. The adjustment under this subdivision is not a rule subject to Minnesota Statutes, chapter 14.

Sec. 3. [APPROPRIATIONS.]

(a) $1,300,000 is appropriated from the general fund to the commissioner of revenue to administer the sales tax rebates for fiscal year 2001. Any unencumbered balance remaining on June 30, 2001, does not cancel but is available for expenditure by the commissioner of revenue until June 30, 2002. Notwithstanding Minnesota Statutes, section 16A.285, the commissioner of revenue may not use this appropriation for any purpose other than administering the sales tax rebates. This is a one-time appropriation and may not be added to the agency's budget base.

(b) $278,000 is appropriated from the general fund to the state treasurer to pay the cost of clearing sales tax rebate checks through commercial banks.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act providing for payments of a sales tax rebate; appropriating money."

A roll call was requested and properly seconded.

POINT OF ORDER

Pugh raised a point of order pursuant to rule 3.21 that the Abrams amendment was not in order. The Speaker ruled the point of order not well taken and the Abrams amendment in order.

Pugh appealed the decision of the Speaker.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 68 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Harder Lipman Rhodes Vandeveer
Abrams Dorman Holberg Mares Rifenberg Walz
Anderson, B. Eastlund Holsten Molnau Ruth Westerberg
Bishop Erhardt Howes Mulder Seagren Westrom
Boudreau Erickson Jacobson Ness Seifert Wilkin
Bradley Finseth Johnson, J. Nornes Smith Wolf

Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 247
Buesgens Fuller Kielkucki Olson Stanek Workman
Cassell Gerlach Knoblach Osskopp Stang Spk. Sviggum
Clark, J. Goodno Krinkie Ozment Swenson
Daggett Gunther Kuisle Paulsen Sykora
Davids Haas Leppik Pawlenty Tingelstad
Dehler Hackbarth Lindner Penas Tuma

Those who voted in the negative were:

Anderson, I. Folliard Jennings Lenczewski Otremba Swapinski
Bakk Gleason Johnson, R. Lieder Paymar Thompson
Bernardy Goodwin Johnson, S. Luther Peterson Wagenius
Biernat Gray Juhnke Mariani Pugh Walker
Carlson Greiling Kahn Marko Rukavina Wasiluk
Davnie Hausman Kelliher Marquart Schumacher Wenzel
Dawkins Hilstrom Koskinen McGuire Sertich Winter
Dibble Hilty Kubly Milbert Skoe
Dorn Huntley Larson Murphy Skoglund
Evans Jaros Leighton Osthoff Slawik

So it was the judgment of the House that the decision of the Speaker should stand.

Westrom moved to amend the Abrams amendment to S. F. No. 228 as follows:

Page 7, line 26, delete "and"

Page 7, line 30, delete the period and insert "; and

(7) an account to provide a fund for reimbursement of nursing homes, licensed under chapter 144A, for increased heating fuel costs to be administered by the commissioner of human services."

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 118 yeas and 6 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Hilty Lenczewski Paulsen Swenson
Abrams Dorn Holberg Leppik Pawlenty Sykora
Anderson, B. Eastlund Holsten Lieder Paymar Thompson
Anderson, I. Erhardt Howes Lindner Penas Tingelstad
Bakk Erickson Huntley Lipman Peterson Tuma
Bernardy Evans Jacobson Luther Pugh Vandeveer
Biernat Finseth Jennings Mares Rhodes Wagenius
Bishop Folliard Johnson, J. Marko Rifenberg Walker
Boudreau Fuller Johnson, R. Marquart Ruth Walz
Bradley Gerlach Johnson, S. McGuire Schumacher Wasiluk
Buesgens Gleason Juhnke Milbert Seagren Wenzel
Carlson Goodno Kelliher Molnau Seifert Westerberg

Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 248
Cassell Goodwin Kielkucki Mulder Sertich Westrom
Clark, J. Greiling Knoblach Murphy Skoe Wilkin
Daggett Gunther Koskinen Ness Skoglund Winter
Davids Haas Krinkie Nornes Slawik Wolf
Davnie Hackbarth Kubly Olson Smith Workman
Dehler Harder Kuisle Osskopp Stanek Spk. Sviggum
Dempsey Hausman Larson Otremba Stang
Dibble Hilstrom Leighton Ozment Swapinski

Those who voted in the negative were:

Gray Jaros Kahn Mariani Osthoff Rukavina

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

Dawkins was excused for the remainder of today's session.

Pugh moved to amend the Abrams amendment, as amended, to S. F. No. 228 as follows:

Page 1, delete line 2, and insert "Page 1, after line 4, insert:

"ARTICLE 1"

Page 2, after line 24, insert:

"ARTICLE 2"

Page 1, line 3, delete the quotation mark

Page 12, delete lines 3 to 6

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker called Boudreau to the Chair.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 59 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Jaros Leighton Paymar Swapinski
Bakk Gleason Jennings Lieder Penas Thompson
Bernardy Goodwin Johnson, R. Luther Peterson Wagenius
Biernat Gray Johnson, S. Mariani Pugh Walker
Carlson Greiling Juhnke Marko Rukavina Walz
Davnie Hausman Kahn McGuire Schumacher Wasiluk
Dibble Hilstrom Kelliher Milbert Sertich Wenzel
Dorn Hilty Koskinen Murphy Skoe Westerberg

Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 249
Eastlund Howes Kubly Osthoff Skoglund Winter
Evans Huntley Larson Otremba Slawik

Those who voted in the negative were:

Abeler Dehler Hackbarth Leppik Ozment Swenson
Abrams Dempsey Harder Lindner Paulsen Sykora
Anderson, B. Dorman Holberg Lipman Pawlenty Tingelstad
Bishop Erhardt Holsten Mares Rhodes Tuma
Boudreau Erickson Jacobson Marquart Rifenberg Vandeveer
Bradley Finseth Johnson, J. Molnau Ruth Westrom
Buesgens Fuller Kielkucki Mulder Seagren Wilkin
Cassell Gerlach Knoblach Ness Seifert Wolf
Clark, J. Goodno Krinkie Nornes Smith Workman
Daggett Gunther Kuisle Olson Stanek Spk. Sviggum
Davids Haas Lenczewski Osskopp Stang

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

Carlson moved to amend the Abrams amendment, as amended, to S. F. No. 228 as follows:

Page 1, after line 2, insert:

"ARTICLE 1"

Page 12, after line 2, insert:

"ARTICLE 2

Section 1. [EMERGENCY ENERGY ASSISTANCE.]

Subdivision 1. [CERTIFICATION.] By February 28, 2001, the board of trustees of the Minnesota state colleges and universities and the board of regents of the University of Minnesota shall certify the heating fuel costs for the 1999-2000 academic year for each campus under the authority of the respective boards.

Subd. 2. [CAMPUS.] By February 28, 2001, each campus of the Minnesota state colleges and universities and the University of Minnesota shall submit its anticipated heating costs for facilities for the 2000-2001 academic year to the board of trustees or the board of regents.

Subd. 3. [ENERGY COST.] The board of trustees and the board of regents shall calculate the difference between the 2000-2001 anticipated heating fuel costs under subdivision 2 and the certified 1999-2000 heating costs under subdivision 1.

Subd. 4. [REIMBURSEMENT.] The board of trustees and the board of regents shall reimburse campuses for 97 percent of the amount calculated under subdivision 3 up to the amount of the system's appropriation under section 2. If the amount allocated to a system is insufficient, the responsible governing board must proportionately reduce the campus reimbursement.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 250

Sec. 2. [APPROPRIATION.]

Subdivision 1. [MINNESOTA STATE COLLEGES AND UNIVERSITIES.] $5,100,000 is appropriated from the general fund in fiscal year 2001 to the board of trustees of the Minnesota state colleges and universities for emergency energy assistance under section 1. This appropriation is available until June 30, 2002.

Subd. 2. [UNIVERSITY OF MINNESOTA.] $3,100,000 is appropriated from the general fund in fiscal year 2001 to the board of regents of the university of Minnesota for emergency energy assistance under section 1. This appropriation is available until June 30, 2002.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."

Page 12, delete lines 3 to 6

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 57 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Fuller Jennings Luther Peterson Wagenius
Bakk Gleason Johnson, R. Mariani Pugh Walker
Bernardy Goodwin Johnson, S. Marko Rukavina Walz
Biernat Gray Juhnke McGuire Schumacher Wasiluk
Carlson Greiling Kahn Milbert Sertich Wenzel
Davnie Hausman Kelliher Murphy Skoe Westrom
Dibble Hilstrom Koskinen Osthoff Skoglund Winter
Dorn Hilty Kubly Otremba Slawik
Evans Huntley Leighton Paymar Swapinski
Folliard Jaros Lieder Penas Thompson

Those who voted in the negative were:

Abeler Dempsey Holberg Lindner Pawlenty Tuma
Abrams Dorman Holsten Lipman Rhodes Vandeveer
Anderson, B. Eastlund Howes Mares Rifenberg Westerberg
Bishop Erhardt Jacobson Marquart Ruth Wilkin
Boudreau Erickson Johnson, J. Molnau Seagren Wolf
Bradley Finseth Kielkucki Mulder Seifert Workman
Buesgens Gerlach Knoblach Ness Smith Spk. Sviggum
Cassell Goodno Krinkie Nornes Stanek
Clark, J. Gunther Kuisle Olson Stang
Daggett Haas Larson Osskopp Swenson
Davids Hackbarth Lenczewski Ozment Sykora
Dehler Harder Leppik Paulsen Tingelstad

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


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 251

Rukavina moved to amend the Abrams amendment, as amended, to S. F. No. 228 as follows:

Page 1, line 3, after the quotation mark, insert:

"Section 1. [EMERGENCY ENERGY ASSISTANCE FOR NURSING FACILITIES.]

Subdivision 1. [COMMISSIONER.] By February 28, 2001, the commissioner of human services shall certify the heating fuel costs for Medicaid-certified nursing facilities for the rate year ending June 30, 2000. The commissioner may require facilities to report on an expedited basis data necessary to make this certification.

Subd. 2. [NURSING FACILITY.] By February 28, 2001, each Medicaid-certified nursing facility shall submit its anticipated heating fuel costs for the rate year ending June 30, 2001, to the commissioner.

Subd. 3. [ENERGY COST.] The commissioner shall calculate the difference between the anticipated heating fuel costs under subdivision 2, and the certified heating fuel costs under subdivision 1.

Subd. 4. [REIMBURSEMENT.] The commissioner shall reimburse each Medicaid-certified nursing facility for 97 percent of the amount calculated under subdivision 3 not to exceed a statewide medical assistance expenditure total of $10,280,000. The reimbursement shall be accomplished by adjusting the operating cost per diem of facilities reimbursed under Minnesota Statutes, section 256B.431 or 256B.434, for the rate period from March 1, 2001, to June 30, 2001. If the appropriation is insufficient, the commissioner shall proportionately reduce the reimbursement.

Subd. 5. [PAYMENT ADJUSTMENT.] By January 31, 2002, the commissioner of human services shall certify the actual heating fuel costs for Medicaid-certified nursing facilities for the rate year ending June 30, 2001, and recalculate the reimbursement amount under subdivision 4 based on actual costs. The commissioner may require facilities to report data necessary to make this certification. The commissioner shall adjust the operating cost per diem of facilities reimbursed under Minnesota Statutes, section 256B.431 or 256B.434, for the period from March 1, 2002, to June 30, 2002, by the amount of the difference between the estimated calculation and the actual costs."

Page 11, after line 35, insert:

"Sec. 5. [APPROPRIATION.]

$10,280,000 is appropriated in fiscal year 2001 from the general fund to the commissioner of human services for emergency energy assistance under section 1. This appropriation is available until June 30, 2002. Of this amount, the department may retain up to $30,000 for the administration of this program."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 60 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Huntley Leighton Paymar Swapinski
Bakk Fuller Jaros Lieder Penas Thompson
Bernardy Gleason Jennings Luther Peterson Wagenius
Biernat Goodwin Johnson, R. Mariani Pugh Walker
Carlson Gray Johnson, S. Marko Rukavina Walz
Davnie Greiling Juhnke McGuire Schumacher Wasiluk
Dibble Hausman Kahn Milbert Sertich Wenzel
Dorn Hilstrom Kelliher Murphy Skoe Westerberg

Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 252
Eastlund Hilty Koskinen Osthoff Skoglund Westrom
Evans Howes Kubly Otremba Slawik Winter

Those who voted in the negative were:

Abeler Dehler Harder Leppik Ozment Swenson
Abrams Dempsey Holberg Lindner Paulsen Sykora
Anderson, B. Dorman Holsten Lipman Pawlenty Tingelstad
Bishop Erhardt Jacobson Mares Rhodes Tuma
Boudreau Erickson Johnson, J. Marquart Rifenberg Vandeveer
Bradley Finseth Kielkucki Molnau Ruth Wilkin
Buesgens Gerlach Knoblach Mulder Seagren Wolf
Cassell Goodno Krinkie Ness Seifert Workman
Clark, J. Gunther Kuisle Nornes Smith Spk. Sviggum
Daggett Haas Larson Olson Stanek
Davids Hackbarth Lenczewski Osskopp Stang

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

The Speaker resumed the Chair.

The question recurred on the Abrams amendment, as amended, and the roll was called. There were 80 yeas and 44 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Jacobson Marquart Rhodes Vandeveer
Abrams Erhardt Jennings Milbert Rifenberg Walz
Anderson, B. Erickson Johnson, J. Molnau Ruth Wenzel
Bishop Finseth Kielkucki Mulder Seagren Westerberg
Boudreau Fuller Knoblach Ness Seifert Westrom
Bradley Gerlach Krinkie Nornes Slawik Wilkin
Buesgens Goodno Kuisle Olson Smith Winter
Cassell Gunther Larson Osskopp Stanek Wolf
Clark, J. Haas Lenczewski Osthoff Stang Workman
Daggett Hackbarth Leppik Ozment Swenson Spk. Sviggum
Davids Harder Lindner Paulsen Sykora
Dehler Holberg Lipman Pawlenty Thompson
Dempsey Holsten Mares Penas Tingelstad
Dorman Howes Marko Peterson Tuma

Those who voted in the negative were:


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 253
Anderson, I. Evans Hilty Koskinen Otremba Swapinski
Bakk Folliard Huntley Paymar Wagenius
Bernardy Gleason Jaros Pugh Walker
Biernat Goodwin Johnson, R. Rukavina Wasiluk
Carlson Gray Johnson, S. Schumacher
Davnie Greiling Juhnke Sertich
Dibble Hausman Kahn Skoe
Dorn Hilstrom Kelliher Skoglund
Kubly
Leighton
Lieder
Luther
Mariani
McGuire
Murphy

The motion prevailed and the amendment, as amended, was adopted.

S. F. No. 228, A bill for an act relating to education; appropriating money for school district energy costs.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 82 yeas and 42 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Jacobson Marko Peterson Tingelstad
Abrams Erhardt Jennings Marquart Rhodes Tuma
Anderson, B. Erickson Johnson, J. Milbert Rifenberg Vandeveer
Bishop Finseth Kielkucki Molnau Ruth Walz
Boudreau Fuller Knoblach Mulder Schumacher Wenzel
Bradley Gerlach Krinkie Ness Seagren Westerberg
Buesgens Goodno Kubly Nornes Seifert Westrom
Cassell Gunther Kuisle Olson Slawik Wilkin
Clark, J. Haas Larson Osskopp Smith Winter
Daggett Hackbarth Lenczewski Osthoff Stanek Wolf
Davids Harder Leppik Ozment Stang Workman
Dehler Holberg Lindner Paulsen Swenson Spk. Sviggum
Dempsey Holsten Lipman Pawlenty Sykora
Dorman Howes Mares Penas Thompson

Those who voted in the negative were:

Anderson, I. Dorn Hausman Juhnke Mariani Sertich
Bakk Evans Hilstrom Kahn McGuire Skoe
Bernardy Folliard Hilty Kelliher Murphy Skoglund
Biernat Gleason Huntley Koskinen Otremba Swapinski
Carlson Goodwin Jaros Leighton Paymar Wagenius
Davnie Gray Johnson, R. Lieder Pugh Walker
Dibble Greiling Johnson, S. Luther Rukavina Wasiluk

The bill was passed, as amended, and its title agreed to.

MOTIONS AND RESOLUTIONS

Pawlenty moved that the name of Thompson be added as an author on H. F. No. 149. The motion prevailed.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 254

Pawlenty moved that the name of Abeler be added as an author on H. F. No. 176. The motion prevailed.

Bishop moved that the name of Abeler be added as an author on H. F. No. 197. The motion prevailed.

Anderson, I., moved that the name of Lieder be added as an author on H. F. No. 225. The motion prevailed.

Goodwin moved that the name of Ozment be added as an author on H. F. No. 234. The motion prevailed.

Seifert moved that the name of Mulder be added as an author on H. F. No. 252. The motion prevailed.

Anderson, I., moved that the names of Skoe, Fuller and Marquart be added as authors on H. F. No. 286. The motion prevailed.

Westrom moved that the name of Nornes be added as an author on H. F. No. 362. The motion prevailed.

Bradley moved that the names of Greiling, Dibble and Ruth be added as authors on H. F. No. 376. The motion prevailed.

Davnie moved that the name of Peterson be added as an author on H. F. No. 378. The motion prevailed.

Juhnke moved that the name of Rifenberg be added as an author on H. F. No. 395. The motion prevailed.

Pawlenty moved that the name of Abeler be added as an author on H. F. No. 402. The motion prevailed.

Vandeveer moved that the name of Clark, J., be added as an author on H. F. No. 403. The motion prevailed.

Mulder moved that the name of Clark, J., be added as an author on H. F. No. 412. The motion prevailed.

Knoblach moved that the name of Rifenberg be added as an author on H. F. No. 415. The motion prevailed.

Stang moved that the name of Clark, J., be added as an author on H. F. No. 432. The motion prevailed.

Entenza moved that the name of Opatz be added as an author on H. F. No. 433. The motion prevailed.

Westerberg moved that the names of Clark, J., and Rifenberg be added as authors on H. F. No. 456. The motion prevailed.

Lipman moved that the name of Clark, J., be added as an author on H. F. No. 479. The motion prevailed.

Kielkucki moved that the name of Tingelstad be added as an author on H. F. No. 480. The motion prevailed.

Davids moved that the names of Erickson and Rifenberg be added as authors on H. F. No. 488. The motion prevailed.

Finseth moved that the name of Erickson be added as an author on H. F. No. 495. The motion prevailed.

Kielkucki moved that the name of Tingelstad be added as an author on H. F. No. 500. The motion prevailed.

Paulsen moved that the name of Tingelstad be added as an author on H. F. No. 502. The motion prevailed.

Folliard moved that the names of Hilstrom and Sykora be added as authors on H. F. No. 538. The motion prevailed.


Journal of the House - 12th Day - Thursday, February 8, 2001 - Top of Page 255

Peterson moved that the names of Davnie, Mahoney, Dibble, Bernardy, Opatz and Leighton be added as authors on H. F. No. 547. The motion prevailed.

Eastlund moved that the names of Tingelstad and Paulsen be added as authors on H. F. No. 550. The motion prevailed.

Finseth moved that the name of Mulder be added as an author on H. F. No. 551. The motion prevailed.

Abrams moved that the names of Erhardt, Daggett and Cassell be added as authors on H. F. No. 552. The motion prevailed.

Dorman moved that the name of Daggett be added as an author on H. F. No. 554. The motion prevailed.

Haas moved that the name of Luther be added as an author on H. F. No. 557. The motion prevailed.

Goodno moved that the names of Erhardt, Erickson, Eastlund, Penas, Cassell, Westerberg, Mulder and Dorman be added as authors on H. F. No. 559. The motion prevailed.

Goodno moved that the name of Luther be added as an author on H. F. No. 560. The motion prevailed.

Rhodes moved that the names of Westerberg and Luther be added as authors on H. F. No. 564. The motion prevailed.

Osskopp moved that the name of Luther be added as an author on H. F. No. 567. The motion prevailed.

Molnau moved that the names of Rifenberg, Westerberg and Mulder be added as authors on H. F. No. 569. The motion prevailed.

Kuisle moved that the names of Mulder and Paulsen be added as authors on H. F. No. 575. The motion prevailed.

Larson moved that the name of Luther be added as an author on H. F. No. 579. The motion prevailed.

Entenza moved that the name of Luther be added as an author on H. F. No. 580. The motion prevailed.

Entenza moved that the name of Luther be added as an author on H. F. No. 582. The motion prevailed.

Hackbarth moved that the name of Westerberg be added as an author on H. F. No. 583. The motion prevailed.

Hackbarth moved that the name of Luther be added as an author on H. F. No. 584. The motion prevailed.

Huntley moved that the names of Daggett and Dorman be added as authors on H. F. No. 587. The motion prevailed.

Slawik moved that the names of Luther, Skoe, Lieder, Hausman, Greiling, Dibble, Paymar, Davnie, Leighton, Juhnke, Pelowski, Swapinski and Biernat be added as authors on H. F. No. 591. The motion prevailed.

Ozment moved that the names of Opatz and Dorman be added as authors on H. F. No. 595. The motion prevailed.

Abeler moved that the name of Westerberg be added as an author on H. F. No. 603. The motion prevailed.

Skoe moved that the name of Mulder be added as an author on H. F. No. 607. The motion prevailed.

Harder moved that the name of Mulder be added as an author on H. F. No. 608. The motion prevailed.


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Anderson, I., moved that the names of Skoe and Lieder be added as authors on H. F. No. 609. The motion prevailed.

Lenczewski moved that the name of Luther be added as an author on H. F. No. 615. The motion prevailed.

Swapinski moved that the name of Luther be added as an author on H. F. No. 619. The motion prevailed.

Seagren moved that the name of Holberg be added as an author on H. F. No. 625. The motion prevailed.

Seagren moved that H. F. No. 82 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Seagren moved that H. F. No. 171 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Greiling moved that H. F. No. 344 be recalled from the Committee on Civil Law and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Wagenius moved that H. F. No. 434 be recalled from the Committee on K-12 Education Finance and be re-referred to the Committee on Education Policy. The motion prevailed.

Abeler moved that H. F. No. 603 be recalled from the Committee on Governmental Operations and Veterans Affairs Policy and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

CALL OF THE HOUSE LIFTED

Seifert moved that the call of the House be suspended. The motion prevailed and it was so ordered.

House Resolution No. 2 was reported to the House.

HOUSE RESOLUTION NO. 2

A house resolution recognizing February 12 to 18 as Career and Technical Education Week in Minnesota.

Whereas, February 12 to 18, 2001, has been designated Career and Technical Education Week by the Association for Career and Technical Education; and

Whereas, profound economic and technological changes in our society are being rapidly reflected in the structure and nature of our work, thereby placing new and additional responsibilities on our educational system; and

Whereas, technical education provides Americans with a School-to-Careers connection and is the backbone of a strong, well-educated workforce, which fosters productivity in business and industry and contributes to America's leadership in the international marketplace; and

Whereas, technical education gives high school students experience in practical, meaningful applications of basic skills such as reading, writing, and mathematics, thus improving the quality of their education, motivating underachievers, and giving all students leadership opportunities in their fields and in their communities; and


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Whereas, technical education offers individuals lifelong opportunities to learn new skills, which provide them with career choices and personal satisfaction; and

Whereas, the ever-increasing cooperative efforts of technical educators, business, and industry stimulate the growth and vitality of our local economy and that of the entire nation by preparing workers for the occupations forecast to experience the largest and fastest growth in the next decade; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it recognizes February 12 to 18, 2001, as Career and Technical Education Week and urges citizens to become familiar with the services and benefits offered by the technical education programs in Minnesota and to support and participate in these programs to enhance their individual work skills and productivity.

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 Minnesota Association for Career and Technical Education.

Ness moved that House Resolution No. 2 be now adopted. The motion prevailed and House Resolution No. 2 was adopted.

House Resolution No. 4 was reported to the House.

HOUSE RESOLUTION NO. 4

A house resolution congratulating Minnesota's charter schools.

Whereas, ten years ago, Minnesota became the first state in the nation to enact legislation allowing the creation of charter schools, which have prompted innovation and new choices in public education and new opportunities for students; and

Whereas, under the law, the role of public school boards was transformed from merely delivering public education services to purchasing services, setting goals, measuring performance, and enforcing accountability; and

Whereas, charter schools are independent public schools where teachers and parents have autonomy regarding budget, staffing, curriculum, and teaching methods; and where public school funding follows the student to the charter school; and

Whereas, City Academy, the nation's first operating charter school, opened in St. Paul in September 1992; and

Whereas, since the Minnesota Legislature passed the first charter school law, 36 states and the District of Columbia have passed laws authorizing charter schools, and some 1,700 charter schools serve about 350,000 students around the nation; and

Whereas, charter school successes have included better student performance for students with special needs, as well as high levels of satisfaction among students, teachers, and parents; and

Whereas, Minnesota's charter school law has taken a balanced approach by encouraging growth of charter schools while holding them accountable; and

Whereas, in October 2000, the Minnesota charter school law was named a winner in the Innovations in American Government Awards Program, of the Kennedy School of Government at Harvard University, and was among only ten recipients of one of the nation's most prestigious public service awards; and


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Whereas, the award also includes a $100,000 grant that will be used to increase public awareness of charter schools and to encourage replication by other states; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it extends recognition and gratitude to the many persons who have contributed to the birth, growth, and success of charter schools:

The members of the 1991 Minnesota Legislature, especially the chief authors of 1991 S. F. No. 630 and H. F. No. 773, Senator Ember Reichgott Junge and Representative Becky Kelso and co-author Senator Gen Olson;

The governors who gave their steadfast support to the charter school initiative, Governor Rudy Perpich and Governor Arne Carlson;

The legislative staff members and department personnel who labored long to work out the details of the legislation;

The sponsors and school districts who have had the courage and commitment to back charter schools;

The charter school educators, administrators, and parents whose valuable, innovative, and committed work has turned a legislative hope into reality; and

The many organizations throughout the country who work toward education reform to ensure the best possible education for all children.

Seagren moved that House Resolution No. 4 be now adopted. The motion prevailed and House Resolution No. 4 was adopted.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 12, 2001. 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., Monday, February 12, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives