Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 863

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

THIRTIETH DAY

 

Saint Paul, Minnesota, Monday, March 31, 2003

 

 

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 Thomas R. Yauch, Bible Baptist Church, Farmington, 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

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Larson and Olsen, S., were excused.

 

Knoblach was excused until 3:35 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Urdahl 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 - 30th Day - Monday, March 31, 2003 - Top of Page 864

REPORTS OF STANDING COMMITTEES

 

 

Kuisle from the Committee on Transportation Finance to which was referred:

 

H. F. No. 199, A bill for an act relating to economic development; authorizing the county of Koochiching to establish a port authority; authorizing political subdivisions to apply for foreign trade zone powers; proposing coding for new law in Minnesota Statutes, chapter 469.

 

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

 

The report was adopted.

 

 

Anderson, I., moved that H. F. No. 199 be recalled from the Committee on Taxes and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

 

 

Kuisle from the Committee on Transportation Finance to which was referred:

 

H. F. No. 213, 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 2002, sections 161.465; 366.011; 366.012.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 264, A bill for an act relating to landlords and tenants; modifying the time period for serving a summons and scheduling a hearing for a housing violation; amending Minnesota Statutes 2002, section 504B.401.

 

Reported the same back with the following amendments:

 

Page 1, line 19, strike "five" and insert "seven"

 

Page 1, line 20, delete "30" and insert "14"

 

Page 1, line 24, strike "five" and insert "seven" and reinstate the stricken "nor more than" and after "ten" insert "14"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 343, A bill for an act relating to motor vehicles; allowing sales to other dealers by limited used vehicle dealers; exempting donations of vehicles to individuals by a licensed limited used vehicle dealer from motor vehicle sales tax; amending Minnesota Statutes 2002, sections 168.27, subdivision 4a; 297B.01, subdivision 7.

 

Reported the same back with the following amendments:

 

Page 1, line 17, strike "retail"

 

Page 1, line 18, strike "customers" and insert "individuals, or who sells and reassigns vehicles to a licensed motor vehicle dealer"

 

Page 1, line 23, after "sold" insert "or donated" and strike "a retail customer" and delete "or licensed" and insert "an individual"

 

Page 1, line 24, delete "motor vehicle dealer"

 

 

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

 

The report was adopted.

 

 

Ozment from the Committee on Environment and Natural Resources Finance to which was referred:

 

H. F. No. 529, A bill for an act relating to game and fish; authorizing a hunting season for mourning doves; requiring mourning dove stamps; requiring a report on the impact of the mourning dove season; amending Minnesota Statutes 2002, sections 97A.045, subdivision 7; 97A.055, subdivision 2; 97A.075, by adding a subdivision; 97A.411, subdivision 2; 97A.475, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2002, section 97B.731, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 26, before "nongame" insert "game and"

 

Page 2, delete lines 20 to 22 and insert:

 

"Subd. 6. [MOURNING DOVE STAMPS.] (a) 90 percent of $5 from the sale of each mourning dove stamp must be credited to the nongame wildlife management account.

 

(b) The 90 percent of remaining revenue from mourning dove stamps must be credited to the mourning dove habitat improvement account. Money in the account may be used only for:

 

(1) the development, restoration, and maintenance of suitable habitat for mourning doves on public and private land including establishment of nesting cover and reliable food sources;

 

(2) acquisitions of, or easements on, mourning dove habitat;


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(3) reimbursement of expenditures to provide mourning dove habitat on public and private land; and

 

(4) the promotion of mourning dove habitat development and maintenance, population surveys and monitoring, and research.

 

(c) Money in the account may not be used for:

 

(1) costs unless they are directly related to a specific parcel of land under paragraph (b), clauses (1) to (3), or to specific promotional or evaluative activities under paragraph (b), clause (4); or

 

(2) any permanent personnel costs.

 

(d) Unsold mourning dove stamps in excess of"

 

Page 2, line 36, strike "$5" and insert "$7.50"

 

Page 3, line 1, strike "$5" and insert "$7.50"

 

Page 3, line 3, delete "$5" and insert "$7.50"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 555, A bill for an act relating to state government; repealing the law requiring the commissioner of administration to provide duplicating and printing services; authorizing outside contracts for these services; amending Minnesota Statutes 2002, section 268.186; proposing coding for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes 2002, section 16B.50.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 564, A bill for an act relating to the open meeting law; authorizing the commissioner of administration to issue written opinions regarding compliance with the law; amending Minnesota Statutes 2002, section 13.072, subdivisions 1, 2.

 

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

 

The report was adopted.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 867

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

 

H. F. No. 606, A bill for an act relating to health; modifying prior authorization requirements for health care services; establishing requirements for provider contracting; modifying provisions for payment of claims; regulating utilization profiling; requiring certain disclosures; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 62M.07, is amended to read:

 

62M.07 [PRIOR AUTHORIZATION OF SERVICES.]

 

(a) Utilization review organizations conducting prior authorization of services must have written standards that meet at a minimum the following requirements:

 

(1) written procedures and criteria used to determine whether care is appropriate, reasonable, or medically necessary;

 

(2) a system for providing prompt notification of its determinations to enrollees and providers and for notifying the provider, enrollee, or enrollee's designee of appeal procedures under clause (4);

 

(3) compliance with section 62M.05, subdivisions 3a and 3b, regarding time frames for approving and disapproving prior authorization requests;

 

(4) written procedures for appeals of denials of prior authorization which specify the responsibilities of the enrollee and provider, and which meet the requirements of sections 62M.06 and 72A.285, regarding release of summary review findings; and

 

(5) procedures to ensure confidentiality of patient-specific information, consistent with applicable law.

 

(b) No utilization review organization, health plan company, or claims administrator may conduct or require prior authorization of emergency confinement or emergency treatment. The enrollee or the enrollee's authorized representative may be required to notify the health plan company, claims administrator, or utilization review organization as soon after the beginning of the emergency confinement or emergency treatment as reasonably possible.

 

(c) If prior authorization for a health care service is required, the utilization review organization, health plan company, or claim administrator must allow providers to submit requests for prior authorization of such health care services without unreasonable delay by telephone, facsimile, voice mail, or through an electronic mechanism 24 hours a day, seven days a week.

 

Sec. 2. [62Q.732] [CITATION.]

 

Sections 62Q.732 to 62Q.752 may be cited as the "Minnesota Health Plan Contracting Act."


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Sec. 3. [62Q.733] [DEFINITIONS.]

 

Subdivision 1. [APPLICABILITY.] For purposes of sections 62Q.732 to 62Q.752, the following definitions apply.

 

Subd. 2. [CONTRACT.] "Contract" means a written agreement between a health care provider and a health plan company to provide health care services.

 

Subd. 3. [HEALTH CARE PROVIDER OR PROVIDER.] "Health care provider" or "provider" means a physician, chiropractor, dentist, or other provider as defined under section 62J.03.

 

Subd. 4. [HEALTH PLAN COMPANY.] "Health plan company" means:

 

(1) a health maintenance organization operating under chapter 62D;

 

(2) a community integrated service network operating under chapter 62N;

 

(3) a preferred provider organization as defined in section 145.61, subdivision 4c; or

 

(4) an insurance company licensed under chapter 60A, nonprofit health service corporation operating under chapter 62C, fraternal benefit society operating under chapter 64B, or any other entity that establishes, operates, or maintains a health benefit plan or network of health care providers where the providers have entered into a contract with the entity to provide health care services.

 

Subd. 5. [FEE SCHEDULE.] "Fee schedule" means the total expected financial compensation paid to a health care provider for providing a health care service as determined by the contract between the health plan company and the provider, inclusive of withhold amounts and any amount for which the patient or other third party may be obligated to pay under the contract.

 

Sec. 4. [62Q.734] [EXEMPTION.]

 

Sections 62Q.735 to 62Q.739, 62Q.74, and 62Q.752 do not apply to health plan companies whose annual Minnesota health premium revenues are less than three percent of the total annual Minnesota health premium revenues, as measured by the assessment base of the Minnesota comprehensive health association. For purposes of this percentage calculation, a health plan company's premiums include the Minnesota health premium revenues of its affiliates.

 

Sec. 5. [62Q.735] [PROVIDER CONTRACTING PROCEDURES.]

 

Subdivision 1. [CONTRACT DISCLOSURE.] (a) Before requiring a health care provider to sign a contract, a health plan company shall give to the provider a complete copy of the proposed contract, including:

 

(1) all attachments and exhibits;

 

(2) operating manuals;

 

(3) a description of the health plan company's health service coding standards and requirements for procedures and diagnoses with modifiers, multiple procedures, and correct coding edits; and

 

(4) all guidelines and treatment parameters incorporated or referenced in the contract.


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(b) The health plan company shall make available to the provider a method or process that allows the provider to determine the total expected payment amounts for each health care service to be provided under the contract.

 

Subd. 2. [PROPOSED AMENDMENTS.] (a) Any amendment or change in the terms of an existing contract between a health plan company and a provider must be disclosed to the provider at least 90 days prior to the effective date of the proposed change, with the exception of amendments required of the health plan company by law or governmental regulatory authority, when notice shall be given to the provider when the requirement is made known to the health plan company.

 

(b) Any amendment or change in the contract that alters the financial reimbursement or alters the written contractual policies and procedures governing the relationship between the provider and the health plan company must be disclosed to the provider not less than 90 days before the effective date of the proposed change and the provider must have the opportunity to terminate the contract before the amendment or change is deemed to be in effect.

 

(c) By mutual consent, evidenced in writing in amendments separate from the base contract and not contingent on participation, the parties may waive the disclosure requirements under paragraphs (a) and (b).

 

Sec. 6. [62Q.736] [PAYMENT RATES.]

 

A contract between a health plan company and a provider shall comply with section 62A.64.

 

Sec. 7. [62Q.737] [SERVICE CODE CHANGES.]

 

(a) For purposes of this section, "service code" means current procedural terminology (CPT), current dental terminology (CDT), ICD-CM, diagnosis-related groups (DRGs), or other coding system.

 

(b) A health plan company shall not change a service code properly submitted by a health care provider. The health plan company shall determine the manner in which it adjudicates claims and may limit the service codes it pays for based upon factors recognized by a service code.

 

(c) Notwithstanding paragraph (b), a health plan company may correct an error in a submitted claim that prevents the claim from being processed, provided that the health plan company:

 

(1) notifies the provider of the proposed change and reason for the proposed change;

 

(2) offers the provider the opportunity to submit additional documentation and material to support the submitted code; and

 

(3) offers the provider the opportunity to appeal any changes.

 

Sec. 8. [62Q.739] [UNILATERAL TERMS PROHIBITED.]

 

(a) A contract between a health plan company and a health care provider shall not contain or require unilateral terms regarding indemnification or arbitration. Notwithstanding any prohibitions in this section, a contract between a health plan company and a health care provider may be unilaterally terminated by either party in accordance with the terms of the contract.

 

(b) A health plan company may not terminate or fail to renew a health care provider's contract without cause unless the company has given the provider a written notice of the termination or nonrenewal 120 days before the effective date.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 870

Sec. 9. Minnesota Statutes 2002, section 62Q.74, is amended to read:

 

62Q.74 [NETWORK SHADOW CONTRACTING.]

 

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "category of coverage" means one of the following types of health-related coverage:

 

(1) health;

 

(2) no-fault automobile medical benefits; or

 

(3) workers' compensation medical benefits.

 

(c) "Health care provider" or "provider" means an individual licensed, registered, or regulated by the board of medical practice under chapter 147, a chiropractor licensed under sections 148.01 to 148.106, a dentist licensed under chapter 150A, or a hospital licensed under chapter 144.

 

(d) "Network organization" means a preferred provider organization as defined in section 145.61, subdivision 4c; a managed care organization as defined in section 62Q.01, subdivision 5; or other entity that uses or consists of a network of health care providers.

 

Subd. 2. [PROVIDER CONSENT REQUIRED.] (a) No network organization health plan company shall require a health care provider to participate in a network under a category of coverage that differs from the category or categories of coverage to which the existing contract between the network organization health plan company and the provider applies, without the affirmative consent of the provider obtained under subdivision 3.

 

(b) This section does not apply to situations in which the network organization wishes No health plan company shall require, as a condition of participation in any health plan, product, or other arrangement, the provider to participate in a new or different health plan, product, or other arrangement within a category of coverage that is already provided for in an existing contract between the network organization and the provider results in a different underlying financial reimbursement methodology without the affirmative consent of the provider obtained under subdivision 3. This paragraph does not apply to participation in health plan products or other arrangements that provide health care services to government programs, including state public programs, Medicare, and Medicare-related coverage.

 

(c) Compliance with this section may not be waived in a contract or otherwise.

 

Subd. 3. [CONSENT PROCEDURE.] (a) The network organization health plan company, if it wishes to apply an existing contract with a provider to a different category of coverage or health plan, product, or other arrangement within a category of coverage that results in a different underlying financial reimbursement methodology, shall first notify the provider in writing. The written notice must include at least the following:

 

(1) the network organization's health plan company's name, address, and telephone number, and the name of the specific network, if it differs from that of the network organization;

 

(2) a description of the proposed new category of coverage or health plan, product, or other arrangement within a category of coverage;


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(3) the names of all payers expected by the network organization health plan company to use the network for the new category of coverage or health plan, product, or other arrangement within a category of coverage;

 

(4) the approximate number of current enrollees of the network organization health plan company in that category of coverage or health plan, product, or other arrangement within a category of coverage within the provider's geographical area;

 

(5) a disclosure of all contract terms of the proposed new category of coverage or health plan, product, or other arrangement within a category of coverage, including the discount or reduced fees, care guidelines, utilization review criteria, prior notification process, prior authorization process, and dispute resolution process;

 

(6) a form for the provider's convenience in accepting or declining participation in the proposed new category of coverage or health plan, product, or other arrangement within a category of coverage, provided that the provider need not use that form in responding; and

 

(7) a statement informing the provider of the provisions of paragraph (b).

 

(b) Unless the provider has affirmatively agreed to participate within 60 days after the postmark date of the notice, the provider is deemed to have not accepted the proposed new category of coverage or health plan, product, or other arrangement within a category of coverage.

 

Subd. 4. [CONTRACT TERMINATION RESTRICTED.] A network organization health plan company must not terminate an existing contract with a provider, or fail to honor the contract in good faith, based solely on the provider's decision not to accept a proposed new category of coverage or health plan, product, or other arrangement within a category of coverage. The most recent agreed-upon contractual obligations remain in force until the existing contract's renewal or termination date.

 

Subd. 5. [REMEDY.] If a network organization health plan company violates this section by reimbursing a provider as if the provider had agreed under this section to participate in the network under a category of coverage or health plan, product, or other arrangement within a category of coverage that results in a different underlying financial reimbursement methodology to which the provider has not agreed, the provider has a cause of action against the network organization health plan company to recover two times the difference between the reasonable charges for claims affected by the violation and the amounts actually paid to the provider. The provider is also entitled to recover costs, disbursements, and reasonable attorney fees.

 

Sec. 10. Minnesota Statutes 2002, section 62Q.75, subdivision 2, is amended to read:

 

Subd. 2. [CLAIMS PAYMENTS.] (a) This section applies to clean claims submitted to a health plan company or third-party administrator for services provided by any:

 

(1) health care provider, except a provider licensed under chapter 151;

 

(2) home health care provider, as defined in section 144A.43, subdivision 4; or

 

(3) health care facility.

 

All health plan companies and third-party administrators must pay or deny claims that are clean claims within 30 calendar days after the date upon which the health plan company or third-party administrator received the claim.


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(b) If a health plan company or third-party administrator determines that a claim is not clean, the health plan company or third-party administrator must make available to and notify the health care provider of the reasons for this determination within 30 calendar days after the date upon which the health plan company or third-party administrator received the claim. Where evidence of suspected fraud is present, the requirement to disclose the reasons for the determination that a claim is not clean need not be specific.

 

(c) If a health plan company or third-party administrator does not pay or deny a clean claim within the period provided in paragraph (a), the health plan company or third-party administrator must pay interest on the claim for the period beginning on the day after the required payment date specified in paragraph (a) and ending on the date on which the health plan company or third-party administrator makes the payment or denies the claim. In any payment, the health plan company or third-party administrator must itemize any interest payment being made separately from other payments being made for services provided. The health plan company or third-party administrator may, at its discretion, require the health care provider to bill the health plan company or third-party administrator for the interest required under this section before any interest payment is made. Interest payments must be made to the health care provider no less frequently than quarterly.

 

(c) (d) The rate of interest paid by a health plan company or third-party administrator under this subdivision shall be 1.5 percent per month or any part of a month.

 

(d) (e) A health plan company or third-party administrator is not required to make an interest payment on a claim for which payment has been delayed for purposes of reviewing potentially fraudulent or abusive billing practices.

 

(e) The commissioner may not assess a financial administrative penalty against a health plan company for violation of this subdivision.

 

(f) The commissioner may assess a financial administrative penalty against a health plan company for violation of this subdivision when there is a pattern of abuse that demonstrates a lack of good faith effort and a systematic failure of the health plan company to comply with this subdivision.

 

Sec. 11. [62Q.752] [DISCLOSURE OF PROFILING DATA.]

 

Subdivision 1. [DISCLOSURE.] Before releasing provider identifiable profiling data to consumers or health plan members, health plan companies shall provide a provider with an opportunity to review the provider's identifiable data and a summary describing the underlying analysis and methodology. A provider shall be given 90 days after receipt of the identifiable data and summary to comment.

 

Subd. 2. [RELEASE OF DATA; APPEAL.] Before a health plan company or health plan sponsor may release any data covered by this section, the health plan company or plan sponsor must provide the subject of the data the opportunity to provide the health plan company or plan sponsor with information supporting or critical to the methodology procedure or information utilized in assembling the data to be released. The health plan company or plan sponsor must consider any information provided by the data subject and provide a written response to the data subject before releasing the data. A health plan company or plan sponsor must provide the subject of the data with a timely appeal process if the subject of the data, after receiving the health plan company or plan sponsor's written response, continues to contest the methodology, procedure, or information utilized by the health plan company or plan sponsor.

 

Sec. 12. [REPEALER.]

 

Minnesota Statutes 2002, section 62Q.745, is repealed.

 

Sec. 13. [EFFECTIVE DATE.]

 

Sections 1 to 12 are effective July 1, 2003."


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Delete the title and insert:

 

"A bill for an act relating to health; modifying prior authorization requirements for health care services; establishing requirements for provider contracting; modifying provisions for payment of claims; regulating disclosure of profiling data; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Jobs and Economic Development.

 

The report was adopted.

 

 

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

 

H. F. No. 609, A bill for an act relating to the city of Minneapolis; authorizing the creation of a community planning and economic development department of the city.

 

Reported the same back with the following amendments:

 

Page 3, line 3, after the period, insert "This election is irrevocable. An employee who was a member of the Minneapolis employees retirement fund on the date of the employee's transfer to the city of Minneapolis may continue as a member of that fund retaining all vested rights, constructive time, and employee and employer contributions made on the employee's behalf to that fund."

 

Page 3, line 5, before "retirement" insert "elected" and after the period, insert "An employee electing to become a member of the public employees retirement association may enroll in the association with vested rights based upon the employee's current tenure as an employee of the Minneapolis community development agency, but that tenure does not constitute allowable service for purposes of determining benefits."

 

Page 3, after line 10, insert:

 

"Subd. 4. An employee electing under subdivision 2 to become a member of the public employees retirement association may purchase allowable service credit from the association by paying to the association an amount calculated under Minnesota Statutes, section 356.55. The service credit that is purchasable is a period or periods of employment by the Minneapolis community development agency that would have been eligible service for coverage by the general employees retirement plan of the public employees retirement association if the service had been rendered after the effective date of this act. A person electing to purchase service credit under this subdivision must provide any documentation of prior service required by the executive director of the public employees retirement association. Notwithstanding any provision of Minnesota Statutes, section 356.55, to the contrary, the prior service credit purchase payment may be made in whole or in part on an institution-to-institution basis from a plan qualified under the federal Internal Revenue Code, section 401(a), 401(k), or 414(h), or from an annuity qualified under the federal Internal Revenue Code, section 403, or from a deferred compensation plan under the federal Internal Revenue Code, section 457, to the extent permitted by federal law. In no event may a prior service credit purchase transfer be paid directly to the person purchasing the service."

 

 

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

 

The report was adopted.


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Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 619, A bill for an act relating to lawful gambling; providing for sports board games; amending Minnesota Statutes 2002, sections 297E.06, subdivision 2; 349.12, subdivisions 18, 21, 24, by adding a subdivision; 349.151, by adding a subdivision; 349.211, by adding a subdivision; 349.2127, subdivision 8.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 623, A bill for an act relating to the environment; requiring vapor recovery equipment for gasoline deliveries in the metropolitan area; providing penalties; amending Minnesota Statutes 2002, sections 115C.09, by adding a subdivision; 116.073, subdivisions 1, 2; 116.46, by adding subdivisions; 116.49, by adding subdivisions; 116.50.

 

Reported the same back with the following amendments:

 

Page 1, lines 13 and 14, delete "county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington" and insert "metropolitan area as defined in section 473.121, subdivision 2,"

 

Page 4, lines 25 and 26, delete "county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington" and insert "metropolitan area as defined in section 473.121, subdivision 2,"

 

Page 5, lines 21 and 22, delete "counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington" and insert "metropolitan area as defined in section 473.121, subdivision 2,"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 625, A bill for an act relating to sanitary sewer districts; establishing and providing for the Central Lakes Region Sanitary District.

 

Reported the same back with the following amendments:

 

Pages 1 and 2, delete section 1

 

Page 2, line 32, delete "5" and insert "4"

 

Page 3, line 17, after "any" insert "statutory or home rule charter"


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Page 3, line 28, delete "3" and insert "2"

 

Page 4, line 2, delete "13" and insert "12"

 

Page 4, line 17, delete "elected chief executive officer" and insert "governing body" and delete "and the"

 

Page 4, line 18, delete "town board chair of each township"

 

Page 4, line 21, delete "elected chief executive officer or town board chair" and insert "governing body"

 

Page 4, line 22, delete "respectively" and delete "or township"

 

Page 4, line 25, delete "or township"

 

Page 5, line 23, delete "or town"

 

Page 5, lines 32 and 36, delete "must" and insert "may"

 

Page 7, line 35, delete "18" and insert "17"

 

Page 11, line 21, delete "9" and insert "8"

 

Page 12, line 16, delete "9" and insert "8"

 

Page 14, line 17, delete "13" and insert "12" and delete "6" and insert "5"

 

Page 14, line 33, delete "13" and insert "12"

 

Page 15, line 34, delete "9" and insert "8"

 

Page 17, line 27, delete "9" and insert "8"

 

Page 19, line 22, delete "9" and insert "8"

 

Page 21, line 12, delete "5" and insert "4"

 

Page 22, line 14, delete "9" and insert "8"

 

Page 23, line 7, delete "6" and insert "5"

 

Page 23, lines 21, 31, and 35, delete "9" and insert "8"

 

Page 24, line 35, delete "12" and insert "11"

 

Page 26, line 10, delete "10" and insert "9"

 

Page 26, line 33, delete "6" and insert "5"

 

Page 26, line 34, delete "13" and insert "12"


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 876

Page 27, line 5, delete "13" and insert "12"

 

Page 27, line 6, delete "10 and 12" and insert "9 and 11"

 

Page 28, line 23, delete "public examiner" and insert "auditor"

 

Page 29, line 8, delete "constable or other"

 

Page 29, line 11, delete "village" and insert "municipal"

 

Page 34, line 14, delete "10" and insert "9"

 

Page 34, line 26, delete "Except as"

 

Page 34, line 27, delete everything before "all"

 

Page 34, delete lines 30 to 33

 

Page 34, line 34, after "ANNEXATION" insert ", WITHDRAWAL"

 

Page 34, line 35, before "Any" insert "Subdivision 1. [ANNEXATION.]"

 

Page 35, line 24, delete "2" and insert "1"

 

Page 35, line 27, delete "10" and insert "9"

 

Page 35, line 33, delete "9" and insert "8"

 

Page 36, after line 1, insert:

 

"Subd. 2. [WITHDRAWALS.] A municipality may withdraw from the district by resolution of its governing body. The municipality must notify the board of the district of the withdrawal by providing a copy of the resolution at least two years in advance of the proposed withdrawal. Unless the district and the withdrawing member agree otherwise by action of their governing bodies, the taxable property of the withdrawing member is subject to its required property tax levies under this act for two taxes payable years following the notification of the withdrawal and the withdrawing member retains any rights, obligations, and liabilities obtained or incurred during its participation."

 

Page 36, delete section 24 and insert:

 

"Sec. 23. [APPLICATION; EFFECTIVE DATE; LOCAL APPROVAL; OPT IN OR OUT.]

 

Subdivision 1. [APPLICATION.] This act applies to the townships of Brandon, Carlos, LaGrand, Leaf Valley, Miltona, and Moe, all in Douglas county.

 

Subd. 2. [EFFECTIVE DATE; LOCAL APPROVAL.] (a) This act is effective only if at least four of the townships listed in subdivision 1 and their chief clerical officers pass and file a resolution of approval of the act and otherwise comply with paragraph (b).


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 877

(b) If the threshold in paragraph (a) is met, this act is effective January 1, 2004, as to as many of the six townships listed in subdivision 1 that have approved resolutions and whose chief clerical officers have completed compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, by that date, unless all six of the townships listed in subdivision 1 and their chief clerical officers have timely completed their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, in which case Minnesota Statutes, section 645.02, applies.

 

(c) A township listed in subdivision 1 that fails to adopt a resolution of approval as prescribed in paragraph (a) may opt back in to the district at a later time by annexation as provided in this act."

 

Renumber the sections in sequence

 

 

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

 

The report was adopted.

 

 

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 642, A bill for an act relating to gambling; authorizing fantasy sports leagues; amending Minnesota Statutes 2002, section 609.761, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1. Minnesota Statutes 2002, section 340A.410, subdivision 5, is amended to read:

 

Subd. 5. [GAMBLING PROHIBITED.] (a) Except as otherwise provided in this subdivision, no retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in section 349.30, or permit gambling therein.

 

(b) Gambling equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms when the use of the gambling equipment is authorized by (1) chapter 349, (2) a tribal ordinance in conformity with the Indian Gaming Regulatory Act, Public Law Number 100-497, or (3) a tribal-state compact authorized under section 3.9221.

 

(c) Lottery tickets may be purchased and sold within the licensed premises as authorized by the director of the lottery under chapter 349A.

 

(d) Dice may be kept and used on licensed premises and adjoining rooms as authorized by section 609.761, subdivision 4.

 

(e) Fantasy sports leagues may be hosted on licensed premises under section 609.761, subdivision 6."

 

Page 1, line 10, delete "conducting" and insert "hosting"

 

Page 1, line 13, delete everything after "the" and insert "total amounts paid in by all members;"


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 878

Page 1, delete line 14

 

Page 1, line 16, delete "$50" and insert "$250"

 

Page 1, line 19, after "game" insert "and does not handle any of the league's funds"

 

Page 1, line 24, delete "1" and insert "2"

 

Renumber sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete "section" and insert "sections 340A.410, subdivision 5;"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Harder from the Committee on Agriculture and Rural Development Finance to which was referred:

 

H. F. No. 649, A bill for an act relating to natural resources; providing for control of chronic wasting disease and management of wildlife health; appropriating money; amending Minnesota Statutes 2002, sections 17.451; 17.452, subdivisions 8, 10, 11, 12, 13, by adding subdivisions; 35.155; 84.027, subdivision 13; 97A.045, by adding a subdivision; 97A.075, subdivision 1; 97A.105, subdivision 1; 97A.401, subdivision 3; 97A.441, by adding a subdivision; 97A.505, by adding subdivisions; 97B.311; repealing Minnesota Statutes 2002, sections 97A.105, subdivisions 3a, 3b.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 676, A bill for an act relating to mental health; clarifying that persons who qualify as voluntary patients for treatment of a mental illness are not subject to civil commitment; amending Minnesota Statutes 2002, section 253B.04, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 253B.04, subdivision 1, is amended to read:

 

Subdivision 1. [VOLUNTARY ADMISSION AND TREATMENT.] (a) Voluntary admission is preferred over involuntary commitment and treatment. Any person 16 years of age or older may request to be admitted to a treatment facility as a voluntary patient for observation, evaluation, diagnosis, care and treatment without making formal written application. Any person under the age of 16 years may be admitted as a patient with the consent of a


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 879

parent or legal guardian if it is determined by independent examination that there is reasonable evidence that (1) the proposed patient has a mental illness, or is mentally retarded or chemically dependent; and (2) the proposed patient is suitable for treatment. The head of the treatment facility shall not arbitrarily refuse any person seeking admission as a voluntary patient. In making decisions regarding admissions, the facility shall use clinical admission criteria consistent with the current applicable inpatient admission standards established by the American Psychiatric Association or the American Academy of Child and Adolescent Psychiatry. These criteria must be no more restrictive than, and must be consistent with, the requirements of section 62Q.53. The facility may not refuse to admit a person voluntarily solely because the person does not meet the criteria for involuntary holds under section 253B.05 or the definition of mental illness under section 253B.02, subdivision 13.

 

(b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years of age who refuses to consent personally to admission may be admitted as a patient for mental illness or chemical dependency treatment with the consent of a parent or legal guardian if it is determined by an independent examination that there is reasonable evidence that the proposed patient is chemically dependent or has a mental illness and is suitable for treatment. The person conducting the examination shall notify the proposed patient and the parent or legal guardian of this determination.

 

(c) A person who is voluntarily accepting treatment for a mental illness is not subject to civil commitment under this chapter if the person:

 

(1) has given informed consent or, if lacking capacity, is a person for whom legally valid substitute consent has been given; and

 

(2) is accepting a medically reasonable course of treatment.

 

Notwithstanding this paragraph, the court may commit the person if the court finds that, based on the person's recent history, it is unlikely the person will remain in and cooperate with treatment absent commitment. This paragraph does not apply to a person for whom commitment proceedings are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person found by the court to meet the requirements under section 253B.02, subdivision 17.

 

Legally valid substitute consent may be provided by a proxy under a health care directive, a guardian or conservator with authority to consent to mental health treatment, or consent to admission under subdivision 1a or 1b.

 

Sec. 2. Minnesota Statutes 2002, section 253B.05, subdivision 3, is amended to read:

 

Subd. 3. [DURATION OF HOLD.] (a) Any person held pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the person is filed in the district court in the county of the person's residence or of the county in which the treatment facility is located, the court may issue a judicial hold order pursuant to section 253B.07, subdivision 2b.

 

(b) During the 72-hour hold period, a court may not release a person held under this section unless the court has received a written petition for release and held a summary hearing regarding the release. The petition must include the name of the person being held, the basis for and location of the hold, and a statement as to why the hold is improper. The petition also must include copies of any written documentation under subdivision 1 or 2 in support of the hold, unless the person holding the petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be conducted by means of a telephone conference call or similar method by which the participants are able to simultaneously hear each other. If the court decides to release the person, the court shall


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 880

direct the release and shall issue written findings supporting the decision. The release may not be delayed pending the written order. Before deciding to release the person, the court shall make every reasonable effort to provide notice of the proposed release to:

 

(1) any specific individuals identified in a statement under subdivision 1 or 2 or individuals identified in the record who might be endangered if the person was not held;

 

(2) the examiner whose written statement was a basis for a hold under subdivision 1; and

 

(3) the peace or health officer who applied for a hold under subdivision 2.

 

(c) If a treatment facility releases a person during the 72-hour hold period, the head of the treatment facility shall immediately notify the agency which employs the peace or health officer who transported the person to the treatment facility under this section.

 

(d) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued."

 

Delete the title and insert:

 

"A bill for an act relating to mental health; clarifying that persons who are voluntary patients for treatment of a mental illness are not subject to civil commitment; amending Minnesota Statutes 2002, sections 253B.04, subdivision 1; 253B.05, subdivision 3."

 

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 723, A bill for an act relating to traffic regulations; exempting certain garbage trucks from seat belt law; amending Minnesota Statutes 2002, section 169.686, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 19, strike "passenger" and insert "motor"

 

Page 1, line 23 to page 2, line 10, delete the new language and reinstate the old language

 

Amend the title as follows:

 

Page 1, line 3, delete "garbage trucks" and insert "motor vehicles"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 881

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

 

H. F. No. 729, A bill for an act relating to judicial standards; appropriating money to the board of judicial standards.

 

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

 

The report was adopted.

 

 

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 734, A bill for an act relating to lawful gambling; providing for linked bingo games; amending Minnesota Statutes 2002, sections 349.12, subdivisions 4, 18, by adding subdivisions; 349.151, subdivision 4; 349.153; 349.155, subdivision 3; 349.163, subdivision 3; 349.166, subdivisions 1, 2; 349.167, subdivision 6; 349.17, subdivisions 3, 6, 7, by adding a subdivision; 349.18, subdivision 1; 349.19, by adding a subdivision; 349.191, subdivisions 1, 1a; 349.211, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 349.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 768, A bill for an act relating to veterans; classifying military certificates of discharge as private data on individuals; providing procedures for their release; amending Minnesota Statutes 2002, sections 13.785, subdivision 2; 196.08; 386.20, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 2, line 21, after "382.16," insert "and except as authorized in paragraph (c)," and after "entity" delete the comma

 

Page 2, line 22, delete "as defined in section 13.02, subdivision 7a,"

 

Page 2, after line 30, insert:

 

"(c) Nothing in this section shall prohibit release of forms DD214 and DD215 or other certificates of discharge from military service by an employee or official within a government entity to another employee or official within that government entity for purposes of performance of official duties."

 

Page 2, line 31, before "Forms" insert "(d)"

 

Page 2, line 35, delete "(c)" and insert "(e)"

 

Page 3, line 2, delete "(d)" and insert "(f)"


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 882

Page 3, after line 13, insert:

 

"(g) For purposes of this section, the term "government entity" has the meaning given in section 13.02, subdivision 7a."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 795, A bill for an act relating to transportation; requiring the department of transportation and the metropolitan council to conduct a study of bus rapid transit on I-35W between Minneapolis and Lakeville; requiring creation of a study advisory committee; specifying membership; requiring a report of recommendations.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 21 to 26 and insert:

 

"Subd. 2. [BRT STUDY ADVISORY COMMITTEE.] The commissioner of transportation shall appoint a joint powers board, that has been in existence since January 1, 1990, and whose members include all of the cities included in subdivision 1, as a BRT study advisory committee to provide advice on the study design, methodology, and recommendations. The joint powers board shall include within its working committees persons who are employers in downtown Minneapolis and along the corridor, current transit riders in the corridor, representatives of neighborhoods along the corridor, and representatives of transit providers in the corridor."

 

Page 2, delete lines 1 to 3

 

Delete the title and insert:

 

"A bill for an act relating to transportation; requiring the department of transportation and the metropolitan council to conduct a study of bus rapid transit on I-35W between Minneapolis and Lakeville; requiring appointment of an existing joint powers board as study advisory committee; requiring a report of recommendations."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 798, A bill for an act relating to education; regarding notification to teachers that are in contact with students with histories of violent behavior; amending Minnesota Statutes 2002, section 121A.64.

 

Reported the same back with the following amendments:


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 883

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 121A.64, is amended to read:

 

121A.64 [NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL INTEREST.]

 

(a) A classroom teacher has a legitimate educational interest in knowing which students placed in the teacher's classroom have a history of violent behavior and must be notified before such students are placed in the teacher's classroom.

 

(b) Representatives of the school board and the exclusive representative of the teachers shall discuss issues related to notification prior to placement the model policy posted on the information policy analysis Web site for notifying classroom teachers and other school district employees having a legitimate educational interest in knowing about students with a history of violent behavior placed in classrooms of students with histories of violent behavior and any. The representatives of the school board and the exclusive representative of the teachers also may discuss the need for intervention services or conflict resolution or training for staff in these cases related to placing students with a history of violent behavior in teachers' classrooms.

 

[EFFECTIVE DATE.] This section is effective for the 2003-2004 school year and later.

 

Sec. 2. [POLICY ON STUDENTS WITH A HISTORY OF VIOLENT BEHAVIOR.]

 

(a) Representatives of the Minnesota school boards association, Education Minnesota, and the information policy analysis division in the Minnesota department of administration, in consultation with two legislators, one a member of the house of representatives appointed by the speaker of the house and one a member of the senate appointed by the subcommittee on committees, shall develop a model policy by August 1, 2003, on notifying classroom teachers and other school district employees having a legitimate educational interest when a student with a history of violent behavior is placed in the teacher's classroom. The model policy at least must:

 

(1) define what constitutes a history of violent behavior, consistent with Minnesota Statutes, section 121A.45, subdivision 2, clause (c);

 

(2) limit reports on violent behavior to a specified number of school years;

 

(3) define "legitimate educational interest," consistent with Minnesota Statutes, section 121A.64;

 

(4) indicate the persons at the school or district level who determine which school district employees have a legitimate educational interest; and

 

(5) require school districts that transfer the student records of a student with a history of violent behavior to another school district, charter school, or alternative education program to include all information about the student's history of violent behavior in the student's educational records it transmits to the enrolling school district, charter school, or alternative education program, consistent with this policy.

 

(b) The information policy analysis division in the Minnesota department of administration by August 15, 2003, must post on its division Web site the model policy developed under paragraph (a).

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 884

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

 

H. F. No. 800, A bill for an act relating to public safety; regulating permitted fireworks; authorizing certain licensing fees; limiting local regulation; amending Minnesota Statutes 2002, section 624.20, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 2, line 15, delete "$50" and insert "$......."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

 

The report was adopted.

 

 

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

 

H. F. No. 806, A bill for an act relating to civil actions; providing limits on certain liability of certain nonprofit corporations providing day training and habilitation services for adults with mental retardation or daytime developmental achievement center services for children with mental retardation and related conditions or securing or maintaining homes for dependent and neglected children; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the following amendments:

 

Page 2, line 27, delete "professional"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 818, A bill for an act relating to parentage; modifying provisions regarding parentage of a child conceived through artificial insemination; amending Minnesota Statutes 2002, section 257.56.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 858, A bill for an act relating to human services; providing an exception to the moratorium on nursing home beds for a facility in Hubbard county; amending Minnesota Statutes 2002, section 144A.071, subdivision 4a.

 

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

 

The report was adopted.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 885

Stang from the Committee on Higher Education Finance to which was referred:

 

H. F. No. 864, A bill for an act relating to higher education; making changes to the higher education services office; amending Minnesota Statutes 2002, sections 136A.03; 136A.031, subdivisions 2, 5; repealing Minnesota Statutes 2002, sections 15A.081, subdivision 7b; 136A.011; 136A.031, subdivisions 1, 3, 4; 136A.07.

 

Reported the same back with the following amendments:

 

Page 2, line 31, delete "four" and insert "five"

 

Page 2, line 32, delete the second "one" and insert "two"

 

Page 2, line 33, after the comma, insert "one student representing four-year universities and one student representing two-year colleges,"

 

 

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.

 

 

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

 

H. F. No. 887, A bill for an act relating to health; requiring certain information related to immunizations to be provided; modifying record keeping requirements; amending Minnesota Statutes 2002, section 121A.15, subdivision 3a.

 

Reported the same back with the following amendments:

 

Page 2, line 3, delete the new language

 

Page 2, delete lines 4 to 36

 

Page 3, delete lines 1 to 8

 

Page 3, line 22, delete the new language

 

Page 3, delete lines 23 to 36 and insert:

 

"(c) The commissioner will continue the educational campaign to providers and hospitals on vaccine safety, including but not limited to information on the vaccine adverse events reporting system (VAERS), the federal vaccine information statements (VIS), and medical precautions and contraindications to immunizations.

 

(d) The commissioner will encourage providers to provide the vaccine information statements at multiple visits and in anticipation of subsequent immunizations.

 

(e) The commissioner will encourage providers to use existing screening for immunization precautions and contraindication materials and make proper use of the vaccine adverse events reporting system (VAERS).


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 886

(f) In consultation with groups and people identified in subdivision 12, paragraph (a), clause (1), the commissioner will continue to develop and make available patient education materials on immunizations including, but not limited to, contraindications and precautions regarding vaccines.

 

(g) The commissioner will encourage health care providers to use thimerosal-free vaccines when available."

 

Page 4, delete lines 1 to 30 and insert:

 

"Sec. 2. Minnesota Statutes 2002, section 121A.15, subdivision 12, is amended to read:

 

Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The commissioner of health may adopt modifications to the immunization requirements of this section. A proposed modification made under this subdivision must be part of the current immunization recommendations of each of the following organizations: the United States Public Health Service's Advisory Committee on Immunization Practices, the American Academy of Family Physicians, and the American Academy of Pediatrics. In proposing a modification to the immunization schedule, the commissioner must:

 

(1) consult with (i) the commissioner of children, families, and learning; the commissioner of human services; the chancellor of the Minnesota state colleges and universities; and the president of the University of Minnesota; and (ii) the Minnesota Natural Health Coalition; Vaccine Awareness Minnesota; Biological Education for Autism Treatment (BEAT); the Minnesota Academy of Family Physicians; the American Academy of Pediatrics-Minnesota Chapter; and the Minnesota Nurses Association; and

 

(2) consider the following criteria: the epidemiology of the disease, the morbidity and mortality rates for the disease, the safety and efficacy of the vaccine, the cost of a vaccination program, the cost of enforcing vaccination requirements, and a cost-benefit analysis of the vaccination.

 

(b) Before a proposed modification may be adopted, the commissioner must notify the chairs of the house and senate committees with jurisdiction over health policy issues. If the chairs of the relevant standing committees determine a public hearing regarding the proposed modifications is in order, the hearing must be scheduled within 60 days of receiving notice from the commissioner. If a hearing is scheduled, the commissioner may not adopt any proposed modifications until after the hearing is held.

 

(c) The commissioner shall comply with the requirements of chapter 14 regarding the adoption of any proposed modifications to the immunization schedule.

 

(d) In addition to the publication requirements of chapter 14, the commissioner of health must inform all immunization providers of any adopted modifications to the immunization schedule in a timely manner."

 

Delete the title and insert:

 

"A bill for an act relating to health; providing for education and precautions regarding vaccines; requiring certain consultation before modifying the schedule of immunizations; amending Minnesota Statutes 2002, section 121A.15, subdivisions 3a, 12."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 887

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 893, A bill for an act relating to traffic regulations; removing sunset clauses on provisions relating to gross weight of utility vehicles; amending Laws 2000, chapter 433, section 4.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete the new language and strike "repealed June 1, 2003"

 

Page 1, after line 11, insert:

 

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

 

Amend the title as follows:

 

Page 1, line 4, after "utility" insert "and recycling"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 909, A bill for an act relating to evidence; authorizing admission in evidence of chain of custody documentation; amending Minnesota Statutes 2002, section 634.15, subdivision 1.

 

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

 

The report was adopted.

 

 

Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 920, A bill for an act relating to corrections; authorizing Department of Corrections forensic pathologists to issue death certificates; amending Minnesota Statutes 2002, section 390.23.

 

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

 

The report was adopted.

 

 

Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 921, A bill for an act relating to corrections; authorizing collection of treatment co-pays from offenders I; amending Minnesota Statutes 2002, section 241.272, by adding a subdivision.

 

Reported the same back with the following amendments:


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 888

Page 1, line 11, delete "I"

 

Amend the title as follows:

 

Page 1, line 3, delete "I"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 923, A bill for an act relating to local government; providing an exception to the conflict of interest law for township officers; amending Minnesota Statutes 2002, section 471.88, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "When" and delete "and a contractor" and insert "may"

 

Page 1, line 11, after the comma, insert "even if" and delete "who"

 

Page 1, line 12, delete "but who" and insert ", as long as the supervisor" and after "in" insert "preparing"

 

Page 1, line 13, delete the comma and insert ". The supervisor"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 937, A bill for an act relating to child support enforcement; classifying certain data; requiring additional information; clarifying and improving certain procedures and support enforcement provisions; clarifying a funding provision; amending Minnesota Statutes 2002, sections 13.69, subdivision 1; 97A.481; 171.06, subdivision 3; 518.551, subdivisions 5, 12, 13; 518.6111, subdivision 7; 518.68, subdivision 2; 548.091, subdivision 1a; 552.01, subdivisions 2, 3, 5, 7; 552.04, subdivision 15; 552.06, subdivisions 1, 2, 5, 6; 609.375, subdivision 2b; Laws 1997, chapter 245, article 2, section 11.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2 and insert:

 

"Sec. 2. [97A.482] [LICENSE APPLICATIONS; COLLECTION OF SOCIAL SECURITY NUMBERS.]

 

(a) All applicants for individual noncommercial game and fish licenses under this chapter and chapters 97B and 97C must include the applicant's social security number on the license application. If an applicant does not have a social security number, the applicant must certify that the applicant does not have a social security number.


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(b) The social security numbers collected by the commissioner on game and fish license applications are private data under section 13.49, subdivision 1, and must be provided by the commissioner to the commissioner of human services for child support enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42, section 666(a)(13), requires the collection of social security numbers on game and fish license applications for child support enforcement purposes."

 

Page 4, after line 18, insert:

 

"Sec. 4. Minnesota Statutes 2002, section 518.171, subdivision 7, is amended to read:

 

Subd. 7. [RELEASE OF INFORMATION.] (a) The employer, union, or insurance agent of either party shall release to the public authority, upon request, any information relating to dependent health or dental insurance coverage available to the party in order to verify availability of dependent insurance coverage or to establish, modify, or enforce medical support.

 

(b) When an order for dependent insurance coverage is in effect, the obligor's employer, union, or insurance agent shall release to the obligee or the public authority, upon request, information on the dependent coverage, including the name of the health or dental insurance carrier or employer. The employer, union, or health or dental insurance plan shall provide the obligee with insurance identification cards and all necessary written information to enable the obligee to utilize the insurance benefits for the covered dependents. Notwithstanding any other law, information reported pursuant to section 268.044 shall be released to the public agency responsible for support enforcement that is enforcing an order for health or dental insurance coverage under this section. The public agency responsible for support enforcement is authorized to release to the obligor's health or dental insurance carrier or employer information necessary to obtain or enforce medical support.

 

(c) The public agency responsible for child support enforcement is authorized to release to a party's health or dental insurance carrier or employer information necessary to verify availability of dependent insurance coverage or to establish, modify, or enforce medical support."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 7, delete "97A.481;" and after "3;" insert "518.171, subdivision 7;"

 

Page 1, line 13, before the period, insert "proposing coding for new law in Minnesota Statutes, chapter 97A"

 

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 968, A bill for an act relating to highways; adding, modifying, vacating, or transferring state highways; amending Minnesota Statutes 2002, sections 161.114, subdivision 2; 161.115, by adding a subdivision; repealing Minnesota Statutes 2002, sections 161.115, subdivisions 197, 204, 233.

 

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

 

The report was adopted.


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Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 981, A bill for an act relating to real property; acquiring right-of-way from common interest ownership communities; amending Minnesota Statutes 2002, sections 515B.1-107; 515B.3-102; 515B.3-112.

 

Reported the same back with the following amendments:

 

Page 7, after line 8, insert:

 

"Sec. 4. [EFFECTIVE DATE.]

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 988, A bill for an act relating to transportation; authorizing commissioner of transportation to replace railroad lands needed for a trunk highway; amending Minnesota Statutes 2002, section 161.241, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 15, after "lands" insert "including all reasonable costs directly related to acquiring the replacement lands,"

 

Page 1, line 19, after the period, insert "The commissioner and the railroad company shall mutually agree whether the replacement lands will be provided by the commissioner or acquired by the railroad company."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 1011, A bill for an act relating to health occupations; modifying licensure requirements for occupational therapists whose licenses have lapsed for more than four years; amending Minnesota Statutes 2002, section 148.6425, subdivision 3.

 

 

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

 

The report was adopted.


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Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 1035, A bill for an act relating to public safety; modifying provisions relating to DWI breath-testing instruments; amending Minnesota Statutes 2002, sections 169A.03, subdivision 11; 169A.45, subdivision 4; 169A.51, subdivision 5; 169A.75; 360.0753, subdivision 4; 634.16.

 

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

The report was adopted.

 

 

Ozment from the Committee on Environment and Natural Resources Finance to which was referred:

 

H. F. No. 1048, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; appropriating money.

 

Reported the same back with the following amendments:

 

Page 3, line 49, delete "project" and insert "projects"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1055, A bill for an act relating to commerce; requiring registration of certain employees of residential mortgage originators; amending Minnesota Statutes 2002, section 58.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 58.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 58.02, is amended by adding a subdivision to read:

 

Subd. 10a. [INDIVIDUAL RESIDENTIAL MORTGAGE ORIGINATOR.] "Individual residential mortgage originator" means a natural person who engages in making or brokering a residential mortgage loan as an employee of a residential mortgage originator licensed under this chapter.

 

Sec. 2. [58.18] [REGISTRATION OF INDIVIDUAL RESIDENTIAL MORTGAGE ORIGINATORS.]

 

Subdivision 1. [REGISTRATION REQUIREMENT.] A residential mortgage originator that employs an individual residential mortgage originator to engage in making or brokering a residential mortgage loan in this state must register that individual as required by this section.


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Subd. 2. [FORM OF REGISTRATION.] To register an individual registered mortgage originator, a residential mortgage originator that employs that individual must list that individual's full name and business address on a form prescribed by the commissioner. The form must be signed by a person in control of the residential mortgage originator, under penalty of perjury, stating that, to the best of that person's knowledge, each individual residential mortgage originator listed on the form:

 

(1) is employed as an individual residential mortgage originator by the residential mortgage originator submitting the registration form;

 

(2) has completed at least 30 hours of continuing education under subdivision 3, within the past 24 months, including at least 3.75 hours of instruction each in the areas of:

 

(i) ethics;

 

(ii) Minnesota mortgage law; and

 

(iii) Minnesota or federal laws relating to fair housing or other consumer protection provisions relating to mortgage lending; and

 

(3) has been the subject of a criminal background check obtained by the licensee from the Minnesota bureau of criminal apprehension within the 60 days immediately preceding the individual's initial registration, indicating that the individual has not been convicted of a felony or has been convicted of a felony, as indicated on the registration form by specifying the offense, the date of conviction, and the court.

 

Subd. 3. [CONTINUING EDUCATION.] (a) Continuing education used for purposes of subdivision 2 must be instruction that is relevant and useful in connection with residential mortgage origination.

 

(b) An instructor of an approved course is eligible for continuing education credit for purposes of this section equal to 1.5 hours for each hour of instruction provided by the instructor.

 

Subd. 4. [CRIMINAL BACKGROUND DISQUALIFICATION.] If a registration form indicates that a prospective individual residential mortgage originator has been convicted of a felony involving conduct by the prospective registrant that evidenced fraud, misrepresentation, or theft in a financial transaction, the registration is invalid.

 

Subd. 5. [TIMING OF INITIAL REGISTRATION AND RENEWAL.] (a) A registration form under this section must be submitted with the residential mortgage originator's license renewal application for license renewals effective on August 1 of each odd-numbered year.

 

(b) An applicant for a new residential mortgage originator license must submit the registration form with the application.

 

(c) On or before August 1, 2004, a residential mortgage originator must submit to the commissioner a registration form for a one-year interim registration under this section, which will be effective from August 1, 2004, to July 31, 2005. The continuing education requirement for this interim registration is at least 15 hours of instruction approved under subdivision 3, including at least 1.75 hours of instruction in each of the three specific subject areas required under subdivision 2.

 

(d) A residential mortgage originator that begins business after August 1, 2004, must comply with paragraph (c) no later than the residential mortgage originator's initial licensure under this chapter.


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Subd. 6. [AVAILABILITY TO THE PUBLIC.] (a) A residential mortgage originator must post its current list of registered individual residential mortgage originators in each of its offices or other locations at which it regularly originates residential mortgage loans in this state.

 

(b) A copy of the list must also be available upon request of any person.

 

(c) The list made available under this subdivision must be updated as required under subdivision 7.

 

Subd. 7. [UPDATING REQUIRED.] (a) A residential mortgage originator must update its list of registered individual residential mortgage originators no later than 30 days after:

 

(1) the residential mortgage originator newly employs an individual residential mortgage originator;

 

(2) the employment of an individual residential mortgage originator by the residential mortgage originator terminates; or

 

(3) the residential mortgage originator learns of a felony conviction that disqualifies the individual's eligibility for registration under subdivision 4.

 

(b) The residential mortgage originator must submit an updated registration to the commissioner in connection with the next renewal of the residential mortgage originator's license.

 

(c) Upon an updating of a list under paragraph (a), the residential mortgage originator must provide the updated list as required under subdivision 6.

 

Subd. 8. [FEES.] No fee is charged for registration required under this section.

 

Subd. 9. [EXEMPTIONS.] This section applies only to residential mortgage originators required to be licensed under this chapter.

 

Sec. 3. [EFFECTIVE DATE.]

 

Sections 1 and 2 are effective August 1, 2004."

 

 

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

 

The report was adopted.

 

 

Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 1058, A bill for an act relating to firearms; authorizing the use of silencing devices designed to muffle discharges of firearms for law enforcement tactical emergency response operations; eliminating an obsolete provision prohibiting manufacture or sale of slungshots and sand clubs; amending Minnesota Statutes 2002, section 609.66, subdivisions 1, 1a, by adding a subdivision.

 

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

 

The report was adopted.


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Hackbarth from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1077, A bill for an act relating to natural resources; modifying provisions for certain off-highway vehicles; modifying disposition of money in certain accounts; creating a state forest adopt-a-trail program; providing for the designation of motorized trails in state forests; exempting certain motorized trail designation from environmental review; providing for local law enforcement off-highway vehicle grants; providing civil penalties; appropriating money; amending Minnesota Statutes 2002, sections 84.788, subdivisions 2, 3; 84.794, subdivision 2; 84.803, subdivision 2; 84.90, subdivision 7; 84.92, subdivision 8; 84.927, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 89.

 

Reported the same back with the following amendments:

 

Page 1, after line 16, insert:

 

"Section 1. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]

 

Subdivision 1. [CREATION; DEFINITION.] (a) For the purposes of this section, "off-highway vehicle" means:

 

(1) an off-highway motorcycle as defined under section 84.787, subdivision 7;

 

(2) an off-road vehicle as defined under section 84.797, subdivision 7; or

 

(3) an all-terrain vehicle as defined under section 84.92, subdivision 8.

 

(b) The commissioner of natural resources shall establish an off-highway vehicle safety and conservation grant program to award grants to organizations that meet the eligibility requirements under subdivision 3.

 

Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle safety and conservation grant program is to encourage off-highway vehicle clubs to assist in safety and environmental education and in improving, maintaining, and monitoring trails on state forest land and other public lands.

 

Subd. 3. [ELIGIBILITY.] To be eligible for a grant under this section, an organization must:

 

(1) be a statewide organization that has been in existence at least five years and that promotes the operation of off-highway vehicles in a manner that is safe, responsible, and does not harm the environment;

 

(2) promote the operation of off-highway vehicles in a manner that does not conflict with the laws and rules that relate to the operation of off-highway vehicles;

 

(3) have an interest limited to the operation of motorized vehicles on motorized trails and other designated areas;

 

(4) have a board of directors that has 80 percent of its members who are representatives of all-terrain vehicle clubs, off-highway motorcycle clubs, or off-road vehicle clubs; and

 

(5) provide support to off-highway vehicle clubs.

 

Subd. 4. [USE OF GRANTS.] An organization receiving a grant under this section shall use the grant money to promote and provide support to the department of natural resources by:

 

(1) encouraging off-highway vehicle clubs to assist in improving, maintaining, and monitoring trails on state forest land and other public lands;


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(2) providing assistance to the department in locating, recruiting, and training instructors;

 

(3) assisting the commissioner and the director of tourism in creating an outreach program to inform local communities of appropriate off-highway vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract off-highway vehicles;

 

(4) publishing a manual in cooperation with the commissioner that will be used to train volunteers in monitoring the operation of off-highway vehicles for safety, environmental, and other issues that relate to the responsible operation of off-highway vehicles; and

 

(5) collecting data on the operation of off-highway vehicles in the state."

 

Page 4, delete section 5 and insert:

 

"Sec. 6. [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND TRAILS.]

 

(a) For the purpose of this section, "off-highway vehicle" has the meaning given in section 84.785.

 

(b) All forest roads and trails open to use by off-highway vehicles on the effective date of this section must remain open to use by off-highway vehicles, unless after a detailed field analysis the commissioner determines the trail is inappropriate for off-highway vehicle use. The commissioner of natural resources may close a forest road or trail to off-highway vehicle use only after completing the five-step public review process as provided in the department of natural resources publication titled: "Off-Highway Vehicle System Planning, Project Implementation and Review: (Revised 01/07/03).""

 

Pages 4 and 5, delete section 8

 

Page 6, line 17, delete "less than one continuous mile of" and insert "a"

 

Page 6, line 19, delete "or"

 

Page 6, line 21, before the period, insert "; or

 

(4) any new trail on state forest land designated by the commissioner"

 

Page 7, after line 14, insert:

 

"Subd. 4. [OFF-HIGHWAY VEHICLE GRANTS.] $....... the first year and $....... the second year are appropriated to the commissioner of natural resources from the natural resources fund for grants to off-highway vehicle organizations according to section 1."

 

Renumber the sections in sequence

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; creating an off-highway vehicle safety and conservation grant program; modifying provisions for certain off-highway vehicles; modifying disposition of money in certain accounts; providing for designation of motorized trails in state forests; exempting certain motorized trail


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designations from environmental review; providing for local law enforcement grants; appropriating money; amending Minnesota Statutes 2002, sections 84.788, subdivisions 2, 3; 84.794, subdivision 2; 84.803, subdivision 2; 84.92, subdivision 8; 84.927, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 84."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1083, A bill for an act relating to motor fuels; updating specifications for petroleum products; amending Minnesota Statutes 2002, sections 41A.09, subdivision 2a; 239.761; 239.792; 296A.01, subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24, 25, 26, 28, by adding a subdivision.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1102, A bill for an act relating to education; providing for kindergarten through grade 12 general education, special programs, educational excellence and other policy, and nutrition; providing for family and early childhood education; amending Minnesota Statutes 2002, sections 84A.51, subdivision 4; 119A.52; 119B.011, subdivisions 5, 15, 19, by adding a subdivision; 119B.02, subdivision 1; 119B.03, subdivision 9; 119B.05, subdivision 1; 119B.08, subdivision 3; 119B.11, subdivision 2a; 119B.12, subdivision 2; 119B.13, subdivision 6; 119B.19, subdivision 7; 119B.21, subdivision 11; 119B.23, subdivision 3; 120A.24, subdivision 4; 121A.21; 121A.23, subdivision 1; 121A.41, subdivision 10; 122A.414, by adding a subdivision; 122A.415, subdivision 3; 123B.88, subdivision 2; 124D.081, by adding a subdivision; 124D.09, subdivision 20; 124D.10, subdivisions 2a, 4; 124D.118, subdivisions 1, 3; 124D.13, subdivisions 4, 8; 124D.15, subdivision 7; 124D.16, subdivision 1; 124D.52, subdivision 3; 125A.023, subdivision 3; 125A.03; 125A.08; 125A.28; 125A.30; 126C.05, subdivision 16; 126C.17, subdivision 11; 256.046, subdivision 1; 256.0471, subdivision 1; 256.98, subdivision 8; 475.61, subdivisions 1, 3; 611A.78, subdivision 1; 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 119B; 124D; repealing Minnesota Statutes 2002, sections 15.014, subdivision 3; 119A.08; 119A.15, subdivision 5a; 124D.118, subdivision 2; 124D.93; 125A.47; 144.401, subdivision 5; 239.004; Laws 2001, First Special Session chapter 3, article 1, section 16.

 

Reported the same back with the following amendments:

 

Page 3, after line 20, insert:

 

"Sec. 5. Minnesota Statutes 2002, section 124D.10, subdivision 16, is amended to read:

 

Subd. 16. [TRANSPORTATION.] (a) By July 1 of each year, a charter school must notify the district in which the school is located and the department of children, families, and learning if it will provide transportation for pupils enrolled in the school for the fiscal year.


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(b) If a charter school elects to provide transportation for pupils, the transportation must be provided by the charter school within the district in which the charter school is located. The state must pay transportation aid to the charter school according to section 124D.11, subdivision 2.

 

For pupils who reside outside the district in which the charter school is located, the charter school is not required to provide or pay for transportation between the pupil's residence and the border of the district in which the charter school is located. A parent may be reimbursed by the charter school for costs of transportation from the pupil's residence to the border of the district in which the charter school is located if the pupil is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week.

 

At the time a pupil enrolls in a charter school, the charter school must provide the parent or guardian with information regarding the transportation.

 

(c) If a charter school does not elect to provide transportation, transportation for pupils enrolled at the school must be provided by the district in which the school is located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in the same district in which the charter school is located. Transportation may be provided by the district in which the school is located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different district. If the district provides the transportation, the scheduling of routes, manner and method of transportation, control and discipline of the pupils, and any other matter relating to the transportation of pupils under this paragraph shall be within the sole discretion, control, and management of the district."

 

Page 10, after line 33, insert:

 

"Sec. 6. Minnesota Statutes 2002, section 124D.454, subdivision 1, is amended to read:

 

Subdivision 1. [PURPOSE.] The purpose of this section is to provide a method to fund transition career and technical education programs for children with a disability that are components of the learner's transition plan. As used in this section, the term "children with a disability" shall have the meaning ascribed to it in section 125A.02.

 

Sec. 7. Minnesota Statutes 2002, section 124D.454, subdivision 2, is amended to read:

 

Subd. 2. [DEFINITIONS.] For the purposes of this section, the definitions in this subdivision apply.

 

(a) "Base year" for fiscal year 1996 means fiscal year 1995. Base year for later fiscal years means the second fiscal year preceding the fiscal year for which aid will be paid.

 

(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. For the purposes of computing basic revenue pursuant to this section, each child with a disability shall be counted as prescribed in section 126C.05, subdivision 1.

 

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

 

(d) "Program growth factor" means 1.00 for fiscal year 1998 and later.


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(e) "Aid percentage factor" means 60 percent for fiscal year 1996, 70 percent for fiscal year 1997, 80 percent for fiscal year 1998, 90 percent for fiscal year 1999, and 100 percent for fiscal year 2000 and later.

 

(f) "Essential person" means a licensed teacher, licensed support services staff person, or paraprofessional providing direct services to students.

 

Sec. 8. Minnesota Statutes 2002, section 124D.454, subdivision 3, is amended to read:

 

Subd. 3. [BASE REVENUE.] (a) The transition program-disabled transition-disabled program base revenue equals the sum of the following amounts computed using base year data:

 

(1) 68 percent of the salary of each essential licensed person or approved paraprofessional who provides direct instructional services to students employed during that fiscal year for services rendered in that district's transition program for children with a disability;

 

(2) 47 percent of the costs of necessary equipment for transition programs for children with a disability;

 

(3) 47 percent of the costs of necessary travel between instructional sites by transition program teachers of children with a disability but not including travel to and from local, regional, district, state, or national vocational career and technical student organization meetings;

 

(4) 47 percent of the costs of necessary supplies for transition programs for children with a disability but not to exceed an average of $47 in any one school year for each child with a disability receiving these services;

 

(5) for transition programs for children with disabilities provided by a contract approved by the commissioner with public, private, or voluntary agencies other than a Minnesota school district or cooperative center, in place of programs provided by the district, 52 percent of the difference between the amount of the contract and the basic revenue of the district for that pupil for the fraction of the school day the pupil receives services under the contract;

 

(6) for transition programs for children with disabilities provided by a contract approved by the commissioner with public, private, or voluntary agencies other than a Minnesota school district or cooperative center, that are supplementary to a full educational program provided by the school district, 52 percent of the amount of the contract; and

 

(7) for a contract approved by the commissioner with another Minnesota school district or cooperative center for vocational evaluation services for children with a disability for children that are not yet enrolled in grade 12, 52 percent of the amount of the contract.

 

(b) If requested by a school district for transition programs during the base year for less than the full school year, the commissioner may adjust the base revenue to reflect the expenditures that would have occurred during the base year had the program been operated for the full year.

 

Sec. 9. Minnesota Statutes 2002, section 124D.454, is amended by adding a subdivision to read:

 

Subd. 12. [COMPLIANCE WITH RULES.] (a) Aid must be paid under this section only for services rendered or for costs incurred in career and technical education programs approved by the commissioner and operated in accordance with rules promulgated by the commissioner. This aid shall be paid only for services rendered and for costs incurred by essential, licensed personnel who meet the requirements for licensure pursuant to the rules of the Minnesota board of teaching or paraprofessionals approved by the division of lifework development in the department of children, families, and learning.


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(b) Notwithstanding section 127A.42, the commissioner may modify or withdraw the program or aid approval and withhold aid under this section without proceeding under section 127A.42 at any time. To do so, the commissioner must determine that the program does not comply with the rules of the department of children, families, and learning or that any facts concerning the program or its budget differ from the facts in the district's approved application.

 

(c) For the purposes of paragraph (a), "licensed personnel" means persons holding a valid career and technical license issued by the commissioner. If an average of five or fewer secondary full-time equivalent students are enrolled per teacher in an approved postsecondary program at intermediate district No. 287, 916, or 917, licensed personnel means persons holding a valid vocational license issued by the commissioner or the board of trustees of the Minnesota state colleges and universities."

 

Pages 22 to 49, delete articles 4 and 5 and insert:

 

"ARTICLE 4

 

FAMILY AND EARLY CHILDHOOD EDUCATION

 

Section 1. Minnesota Statutes 2002, section 119A.52, is amended to read:

 

119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM COORDINATION.]

 

Subdivision 1. [DISTRIBUTION OF APPROPRIATION; WORK PLAN.] (a) The commissioner of children, families, and learning must distribute money appropriated for that purpose to Head Start program grantees to expand services and to serve additional low-income children. Money must be allocated to each project Head Start grantee in existence on the effective date of Laws 1989, chapter 282. Migrant and Indian reservation grantees must be initially allocated money based on the grantees' share of federal funds. The remaining money must be initially allocated to the remaining local agencies based equally on the agencies' share of federal funds and on the proportion of eligible children in the agencies' service area who are not currently being served. A Head Start grantee must be funded at a per child rate equal to its contracted, federally funded base level for program accounts 20, 22, and 25 at the start of the fiscal year. In allocating funds under this paragraph, the commissioner of children, families, and learning must assure that each Head Start grantee is allocated no less funding in any fiscal year than was allocated to that grantee in fiscal year 1993. The commissioner may provide additional funding to grantees for start-up costs incurred by grantees due to the increased number of children to be served. Before paying money to the grantees, the commissioner must notify each grantee of its initial allocation, how the money must be used, and the number of low-income children that must be served with the allocation. Each grantee must notify present a work plan to the commissioner of for approval. The work plan must include the estimated number of low-income children and families it will be able to serve, a description of the program design and service delivery area which meets the needs of and encourages access by low-income working families, a program design that ensures fair and equitable access to Head Start services for all populations and parts of the service area, and a plan for coordinating services to maximize assistance for child care costs available to families under chapter 119B. For any grantee that cannot utilize its full allocation, the commissioner must reduce the allocation proportionately. Money available after the initial allocations are reduced must be redistributed to eligible grantees.

 

(b) Up to 11 percent of the funds appropriated annually may be used to provide grants to local Head Start agencies to provide funds for innovative programs designed either to target Head Start resources to particular at-risk groups of children or to provide services in addition to those currently allowable under federal Head Start regulations. The commissioner must award funds for innovative programs under this paragraph on a competitive basis.


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Subd. 2. [PROGRAM COORDINATION.] Each Head Start grantee must submit a plan, as part of the work plan requirement in subdivision 1, to coordinate and maximize use of existing public and private community resources, including school districts, health care facilities, government agencies, neighborhood organizations, and other resources knowledgeable in early childhood development, to coordinate Head Start programming with existing community-based programs and service providers, to foster collaboration among agencies and other community-based programs that provide flexible, family-focused services to families with young children, and to facilitate the transition to kindergarten. These existing programs and providers include child care programs, child care resource and referral programs, early childhood family education, school readiness, local interagency early intervention committees, early childhood screening, special education services, and other early childhood care and education services and programs as specified in the Head Start performance standards to the extent possible. The plan must describe a method by which to share information, responsibility, and accountability among service and program providers.

 

Sec. 2. Minnesota Statutes 2002, section 121A.21, is amended to read:

 

121A.21 [SCHOOL HEALTH SERVICES.]

 

(a) Every school board must provide services to promote the health of its pupils.

 

(b) The board of a district with 1,000 pupils or more in average daily membership in early childhood family education, preschool handicapped, elementary, and secondary programs must comply with the requirements of this paragraph. It may use one or a combination of the following methods:

 

(1) employ personnel, including at least one full-time equivalent licensed school nurse or continue to employ a registered nurse not yet certified as a public health nurse as defined in section 145A.02, subdivision 18, who is enrolled in a program that would lead to certification within four years of August 1, 1988;

 

(2) contract with a public or private health organization or another public agency for personnel during the regular school year, determined appropriate by the board, who are currently licensed under chapter 148 and who are certified public health nurses; or

 

(3) enter into another arrangement approved by the commissioner.

 

Sec. 3. Minnesota Statutes 2002, section 121A.23, subdivision 1, is amended to read:

 

Subdivision 1. [SEXUALLY TRANSMITTED INFECTIONS AND DISEASES PROGRAM.] The commissioner of children, families, and learning, in consultation with the commissioner of health, shall assist districts in developing and implementing a program to prevent and reduce the risk of sexually transmitted infections and diseases, including but not exclusive to human immune deficiency virus and human papilloma virus. Each district must have a program that includes at least:

 

(1) planning materials, guidelines, and other technically accurate and updated information;

 

(2) a comprehensive, technically accurate, and updated curriculum that includes helping students to abstain from sexual activity until marriage;

 

(3) cooperation and coordination among districts and SCs;


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(4) a targeting of adolescents, especially those who may be at high risk of contracting sexually transmitted infections and diseases, for prevention efforts;

 

(5) involvement of parents and other community members;

 

(6) in-service training for appropriate district staff and school board members;

 

(7) collaboration with state agencies and organizations having a sexually transmitted infection and disease prevention or sexually transmitted infection and disease risk reduction program;

 

(8) collaboration with local community health services, agencies and organizations having a sexually transmitted infection and disease prevention or sexually transmitted infection and disease risk reduction program; and

 

(9) participation by state and local student organizations.

 

The department may provide assistance at a neutral site to a nonpublic school participating in a district's program. District programs must not conflict with the health and wellness curriculum developed under Laws 1987, chapter 398, article 5, section 2, subdivision 7.

 

If a district fails to develop and implement a program to prevent and reduce the risk of sexually transmitted infection and disease, the department must assist the service cooperative in the region serving that district to develop or implement the program.

 

Sec. 4. Minnesota Statutes 2002, section 124D.13, subdivision 4, is amended to read:

 

Subd. 4. [HOME VISITING PROGRAM.] (a) The commissioner A district that levies for home visiting under section 124D.135, subdivision 6, shall use this revenue to include as part of the early childhood family education programs a parent education component to prevent child abuse and neglect. This parent education component must include:

 

(1) expanding statewide the home visiting component of the early childhood family education programs;

 

(2) training parent educators, child educators, community outreach workers, and home visitors in the dynamics of child abuse and neglect and positive parenting and discipline practices; and

 

(3) developing and disseminating education and public information materials that promote positive parenting skills and prevent child abuse and neglect.

 

(b) The parent education component must:

 

(1) offer to isolated or at-risk families home visiting parent education services that at least address parenting skills, a child's development and stages of growth, communication skills, managing stress, problem-solving skills, positive child discipline practices, methods of improving parent-child interactions and enhancing self-esteem, using community support services and other resources, and encouraging parents to have fun with and enjoy their children;

 

(2) develop a that is designed to reach isolated or at-risk families.

 

The home visiting program must use:

 

(1) an established risk assessment tool to determine the family's level of risk;


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(3) (2) establish clear objectives and protocols for home visits;

 

(4) determine the frequency and duration of home visits based on a risk-need assessment of the client, with home visits beginning in the second trimester of pregnancy and continuing, based on client need, until a child is six years old;

 

(5) (3) encourage families to make a transition from home visits to site-based parenting programs to build a family support network and reduce the effects of isolation;

 

(6) develop and distribute education materials on preventing child abuse and neglect that may be used in home visiting programs and parent education classes and distributed to the public;

 

(7) initially provide at least 40 hours of training and thereafter ongoing training for parent educators, child educators, community outreach workers, and home visitors that covers the dynamics of child abuse and neglect, domestic violence and victimization within family systems, signs of abuse or other indications that a child may be at risk of being abused or neglected, what child abuse and neglect are, how to properly report cases of child abuse and neglect, respect for cultural preferences in child rearing, what community resources, social service agencies, and family support activities and programs are available, child development and growth, parenting skills, positive child discipline practices, identifying stress factors and techniques for reducing stress, home visiting techniques, and risk assessment measures;

 

(8) (4) provide program services that are community-based, accessible, and culturally relevant; and

 

(9) (5) foster collaboration among existing agencies and community-based organizations that serve young children and their families.

 

(c) Home visitors should reflect the demographic composition of the community the home visitor is serving to the extent possible.

 

Sec. 5. Minnesota Statutes 2002, section 124D.13, subdivision 8, is amended to read:

 

Subd. 8. [COORDINATION.] (a) A district is encouraged to coordinate the program with its special education and vocational education programs and with related services provided by other governmental agencies and nonprofit agencies. must describe strategies to coordinate and maximize public and private community resources, including school districts, health care facilities, government agencies, neighborhood organizations, and other resources knowledgeable in early childhood development, to coordinate early childhood family education with existing community-based programs and service providers to foster collaboration among agencies and other community-based programs that provide flexible, family-focused services to families with young children, and to facilitate the transition to kindergarten. These existing programs and providers include: child care programs, child care resource and referral programs, school readiness, Head Start, local interagency early intervention committees, early childhood special education, early childhood screening, and education services and programs to the extent possible. The district must describe a method to share information, responsibility, and accountability among service and program providers.

 

(b) A district is encouraged to coordinate adult basic education programs provided to parents and early childhood family education programs provided to children to accomplish the goals of section 124D.895.

 

Sec. 6. Minnesota Statutes 2002, section 124D.15, subdivision 7, is amended to read:

 

Subd. 7. [ADVISORY COUNCIL.] Each school readiness program must have an advisory council composed of members of existing early education-related boards, parents of participating children, child care providers, culturally specific service organizations, local resource and referral agencies, local early intervention committees, and representatives of early childhood service providers. The council must advise the board in creating and


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administering the program and must monitor the progress of the program. The council must ensure that children at greatest risk receive appropriate services. If the board is unable to appoint to the advisory council members of existing early education-related boards, it must appoint parents of children enrolled in the program who represent the racial, cultural, and economic diversity of the district and representatives of early childhood service providers as representatives to an existing advisory council.

 

Sec. 7. Minnesota Statutes 2002, section 124D.16, subdivision 1, is amended to read:

 

Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] A school district shall biennially by May 1 submit to the commissioners of children, families, and learning and health the program plan required under this subdivision. As determined by the commissioners, one-half of the districts shall first submit the plan by May 1 of the 2000-2001 school year and one-half of the districts shall first submit the plan by May 1 of the 2001-2002 school year. The program plan must include:

 

(1) a description of the services to be provided;

 

(2) a plan to ensure children at greatest risk receive appropriate services;

 

(3) a description of procedures and methods to be used strategies to coordinate and maximize public and private community resources to maximize use of existing community resources, including school districts, health care facilities, government agencies, neighborhood organizations, and other resources knowledgeable in early childhood development, to coordinate school readiness with existing community-based programs and service providers to foster collaboration among agencies and other community-based programs that provide flexible, family-focused services to families with young children, and to facilitate the transition to kindergarten. These existing programs and providers include child care programs, child care resource and referral programs, early childhood family education, Head Start, local interagency early intervention committees, special education services, early childhood screening, and other education services and programs to the extent possible. The district must describe a method to share information, responsibility, and accountability among service and program providers;

 

(4) comments about the district's proposed program by the advisory council required by section 124D.15, subdivision 7; and

 

(5) agreements with all participating service providers.

 

Each commissioner may review and comment on the program, and make recommendations to the commissioner of children, families, and learning, within 30 90 days of receiving the plan.

 

Sec. 8. Minnesota Statutes 2002, section 125A.023, subdivision 3, is amended to read:

 

Subd. 3. [DEFINITIONS.] For purposes of this section and section 125A.027, the following terms have the meanings given them:

 

(a) "Health plan" means:

 

(1) a health plan under section 62Q.01, subdivision 3;

 

(2) a county-based purchasing plan under section 256B.692;

 

(3) a self-insured health plan established by a local government under section 471.617; or

 

(4) self-insured health coverage provided by the state to its employees or retirees.


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(b) For purposes of this section, "health plan company" means an entity that issues a health plan as defined in paragraph (a).

 

(c) "Individual interagency intervention plan" means a standardized written plan describing those programs or services and the accompanying funding sources available to eligible children with disabilities.

 

(d) "Interagency intervention service system" means a system that coordinates services and programs required in state and federal law to meet the needs of eligible children with disabilities ages three to 21, including:

 

(1) services provided under the following programs or initiatives administered by state or local agencies:

 

(i) the maternal and child health program under title V of the Social Security Act, United States Code, title 42, sections 701 to 709;

 

(ii) the Individuals with Disabilities Education Act under United States Code, title 20, chapter 33, subchapter II, sections 1411 to 1420;

 

(iii) medical assistance under the Social Security Act, United States Code, title 42, chapter 7, subchapter XIX, section 1396, et seq.;

 

(iv) the Developmental Disabilities Assistance and Bill of Rights Act, United States Code, title 42, chapter 75, subchapter II, sections 6021 to 6030, Part B;

 

(v) the Head Start Act, United States Code, title 42, chapter 105, subchapter II, sections 9831 to 9852;

 

(vi) rehabilitation services provided under chapter 268A;

 

(vii) Juvenile Court Act services provided under sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 260C.451;

 

(viii) the children's mental health collaboratives under section 245.493;

 

(ix) the family service collaboratives under section 124D.23;

 

(x) the family community support plan under section 245.4881, subdivision 4;

 

(xi) the MinnesotaCare program under chapter 256L;

 

(xii) the community health services grants under chapter 145;

 

(xiii) the Community Social Services Act funding under the Social Security Act, United States Code, title 42, sections 1397 to 1397f; and

 

(xiv) the community transition interagency committees under section 125A.22;

 

(xv) the child care assistance program under chapter 119B; and

 

(xvi) services offered through the child care resource and referral programs under chapter 119B;


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(2) services provided under a health plan in conformity with an individual family service plan or an individual education plan; and

 

(3) additional appropriate services that local agencies and counties provide on an individual need basis upon determining eligibility and receiving a request from the interagency early intervention committee and the child's parent.

 

(e) "Children with disabilities" has the meaning given in section 125A.02.

 

(f) A "standardized written plan" means those individual services or programs available through the interagency intervention service system to an eligible child other than the services or programs described in the child's individual education plan or the child's individual family service plan.

 

Sec. 9. Minnesota Statutes 2002, section 125A.28, is amended to read:

 

125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.]

 

An interagency coordinating council of at least 17, but not more than 25 members is established, in compliance with Public Law Number 102-119, section 682. The members must be appointed by the governor. Council members must elect the council chair. The representative of the commissioner may not serve as the chair. The council must be composed of at least five parents, including persons of color, of children with disabilities under age 12, including at least three parents of a child with a disability under age seven, five representatives of public or private providers of services for children with disabilities under age five, including a special education director, county social service director, local Head Start director, and a community health services or public health nursing administrator, one member of the senate, one member of the house of representatives, one representative of teacher preparation programs in early childhood-special education or other preparation programs in early childhood intervention, at least one representative of advocacy organizations for children with disabilities under age five, one physician who cares for young children with special health care needs, one representative each from the commissioners of commerce, children, families, and learning, health, human services, a representative from the state agency responsible for child care, and a representative from Indian health services or a tribal council. Section 15.059, subdivisions 2 to 5, apply to the council. The council must meet at least quarterly.

 

The council must address methods of implementing the state policy of developing and implementing comprehensive, coordinated, multidisciplinary interagency programs of early intervention services for children with disabilities and their families.

 

The duties of the council include recommending policies to ensure a comprehensive and coordinated system of all state and local agency services for children under age five with disabilities and their families. The policies must address how to incorporate each agency's services into a unified state and local system of multidisciplinary assessment practices, individual intervention plans, comprehensive systems to find children in need of services, methods to improve public awareness, and assistance in determining the role of interagency early intervention committees.

 

By September 1, the council must recommend to the governor and the commissioners of children, families, and learning, health, human services, commerce, and economic security policies for a comprehensive and coordinated system.

 

Notwithstanding any other law to the contrary, the state interagency coordinating council expires on June 30, 2003 2005.


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Sec. 10. Minnesota Statutes 2002, section 125A.30, is amended to read:

 

125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.]

 

(a) A school district, group of districts, or special education cooperative, in cooperation with the health and human service agencies located in the county or counties in which the district or cooperative is located, must establish an interagency early intervention committee for children with disabilities under age five and their families under this section, and for children with disabilities ages three to 22 consistent with the requirements under sections 125A.023 and 125A.027. Committees must include representatives of local and regional health, education, and county human service agencies, county boards, school boards, early childhood family education programs, Head Start, parents of young children with disabilities under age 12, child care resource and referral agencies, school readiness programs, current service providers, and may also include representatives from other private or public agencies and school nurses. The committee must elect a chair from among its members and must meet at least quarterly.

 

(b) The committee must develop and implement interagency policies and procedures concerning the following ongoing duties:

 

(1) develop public awareness systems designed to inform potential recipient families of available programs and services;

 

(2) implement interagency child find systems designed to actively seek out, identify, and refer infants and young children with, or at risk of, disabilities and their families;

 

(3) establish and evaluate the identification, referral, child and family assessment systems, procedural safeguard process, and community learning systems to recommend, where necessary, alterations and improvements;

 

(4) assure the development of individualized family service plans for all eligible infants and toddlers with disabilities from birth through age two, and their families, and individual education plans and individual service plans when necessary to appropriately serve children with disabilities, age three and older, and their families and recommend assignment of financial responsibilities to the appropriate agencies;

 

(5) encourage agencies to develop individual family service plans for children with disabilities, age three and older;

 

(6) implement a process for assuring that services involve cooperating agencies at all steps leading to individualized programs;

 

(7) facilitate the development of a transitional plan if a service provider is not recommended to continue to provide services;

 

(8) identify the current services and funding being provided within the community for children with disabilities under age five and their families;

 

(9) develop a plan for the allocation and expenditure of additional state and federal early intervention funds under United States Code, title 20, section 1471 et seq. (Part H, Public Law Number 102-119) and United States Code, title 20, section 631, et seq. (Chapter I, Public Law Number 89-313); and

 

(10) develop a policy that is consistent with section 13.05, subdivision 9, and federal law to enable a member of an interagency early intervention committee to allow another member access to data classified as not public.


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(c) The local committee shall also:

 

(1) participate in needs assessments and program planning activities conducted by local social service, health and education agencies for young children with disabilities and their families; and

 

(2) review and comment on the early intervention section of the total special education system for the district, the county social service plan, the section or sections of the community health services plan that address needs of and service activities targeted to children with special health care needs, the section on children with special needs in the county child care fund plan, sections in Head Start plans on coordinated planning and services for children with special needs, any relevant portions of early childhood education plans, such as early childhood family education or school readiness, or other applicable coordinated school and community plans for early childhood programs and services, and the section of the maternal and child health special project grants that address needs of and service activities targeted to children with chronic illness and disabilities.

 

Sec. 11. [REPEALER.]

 

Minnesota Statutes 2002, sections 119A.08; 125A.47; and 144.401, subdivision 5, are repealed."

 

Renumber the sections in sequence

 

Delete the title and insert:

 

"A bill for an act relating to education; providing for kindergarten through grade 12 general education, special programs, educational excellence and other policy, and nutrition; providing for family and early childhood education; amending Minnesota Statutes 2002, sections 84A.51, subdivision 4; 119A.52; 120A.24, subdivision 4; 121A.21; 121A.23, subdivision 1; 121A.41, subdivision 10; 122A.414, by adding a subdivision; 122A.415, subdivision 3; 123B.88, subdivision 2; 124D.081, by adding a subdivision; 124D.09, subdivision 20; 124D.10, subdivisions 2a, 4, 16; 124D.118, subdivision 3; 124D.13, subdivisions 4, 8; 124D.15, subdivision 7; 124D.16, subdivision 1; 124D.454, subdivisions 1, 2, 3, by adding a subdivision; 124D.52, subdivision 3; 125A.023, subdivision 3; 125A.03; 125A.08; 125A.28; 125A.30; 126C.05, subdivision 16; 126C.17, subdivision 11; 475.61, subdivisions 1, 3; 611A.78, subdivision 1; 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2002, sections 15.014, subdivision 3; 119A.08; 124D.118, subdivision 2; 124D.93; 125A.47; 144.401, subdivision 5; 239.004."

 

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 1130, A bill for an act relating to highways; modifying provisions governing gross vehicle weights on interstate highways; providing for vehicles and vehicle combinations weighing up to 88,000 pounds to travel on nine-ton roads in winter; amending Minnesota Statutes 2002, sections 168.013, subdivision 3; 169.826, subdivision 1, by adding a subdivision; 169.86, subdivision 5.

 

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

 

The report was adopted.


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

 

S. F. No. 578, A bill for an act relating to civil commitment; clarifying qualifications of persons making certain decisions regarding civil commitments and emergency holds; amending Minnesota Statutes 2002, section 253B.02, subdivisions 7, 9.

 

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

 

The report was adopted.

 

 

Hackbarth from the Committee on Environment and Natural Resources Policy to which was referred:

 

S. F. No. 842, A bill for an act relating to natural resources; modifying commissioner's authority relating to employees, gifts, and grants; modifying provisions of the state parks working capital fund; modifying application provisions for certain licenses; providing for reciprocity of certain safety courses; modifying certain county reimbursement provisions; modifying identification provisions for fish and dark houses; eliminating requirement to publish pamphlet form of laws; amending Minnesota Statutes 2002, sections 84.01, subdivision 3; 84.026; 84.085, subdivision 1; 84.82, subdivision 2; 84.862, by adding a subdivision; 85.22, by adding a subdivision; 86B.401, subdivision 1; 97A.065, subdivision 2; 97C.355, subdivisions 1, 2; repealing Minnesota Statutes 2002, section 97A.051, subdivision 1; Minnesota Rules, part 6262.0100, subpart 2.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 264, 555, 642, 723, 729, 768, 798, 806, 818, 887, 893, 909, 920, 921, 923, 968, 981, 988, 1011, 1058, 1083 and 1130 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. No. 578 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Lipman introduced:

 

H. F. No. 1302, A bill for an act relating to campaign finance; providing for the campaign finance and public disclosure board to administer the law on corporate political contributions; expanding permitted activities under the corporate political contribution law; modifying penalties for corporate political contributions; eliminating certain


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criminal penalties; requiring labor organizations to allow employees to indicate agreement to use certain fees for certain political purposes; amending Minnesota Statutes 2002, sections 10A.071, subdivision 3; 10A.16; 10A.17, subdivision 5; 10A.20, subdivision 6b; 10A.29; 10A.37; 211B.15, subdivisions 1, 6, 7, 11, 12, 16, 17, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 211B.

 

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

 

 

Knoblach introduced:

 

H. F. No. 1303, A bill for an act relating to transportation; requiring establishment of cartway where landowner's access is limited to navigable waterway; amending Minnesota Statutes 2002, section 164.08, subdivision 2.

 

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

 

 

Penas introduced:

 

H. F. No. 1304, A bill for an act relating to highways; authorizing state bonds for local road improvement fund.

 

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

 

 

Kuisle, Adolphson, Juhnke, Lieder and DeLaForest introduced:

 

H. F. No. 1305, A bill for an act relating to natural resources; wetlands; modifying wetland replacement requirements for public transportation projects; amending Minnesota Statutes 2002, sections 103G.222, subdivisions 1, 3; 103G.2241, subdivision 9.

 

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

 

 

Westrom, Cox and Meslow introduced:

 

H. F. No. 1306, A bill for an act relating to breath alcohol testing devices; modifying the requirements relating to immunity from liability for breath alcohol testing devices in liquor establishments; amending Minnesota Statutes 2002, section 604A.30.

 

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

 

 

Westrom, Seagren, Cox, Sykora, Kielkucki, Urdahl and Borrell introduced:

 

H. F. No. 1307, A bill for an act relating to corrections; authorizing the commissioner of corrections to contract with private agencies to provide care, custody, and rehabilitation of Minnesota prisoners; requiring the commissioner of administration to issue requests for proposals relating to various aspects of privatizing Minnesota's prison system; amending Minnesota Statutes 2002, sections 241.01, subdivision 3a; 241.32, subdivision 1, by adding a subdivision.

 

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


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Hornstein and Clark introduced:

 

H. F. No. 1308, A bill for an act relating to human services; appropriating funds to the commissioner of human services to place markers at cemeteries located at regional treatment centers.

 

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

 

 

Abeler, Nornes, Kielkucki, Otremba and Sykora introduced:

 

H. F. No. 1309, A bill for an act relating to education; appropriating money for Minnesota economic opportunity grants.

 

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

 

 

Thissen and Larson introduced:

 

H. F. No. 1310, A bill for an act relating to education finance; delaying implementation of the airport runway impact zone aid program; amending Laws 2000, chapter 489, article 2, section 36, as amended.

 

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

 

 

Erickson introduced:

 

H. F. No. 1311, A bill for an act relating to education; providing that school districts need not comply with mandates unless revenue to comply is identified; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

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

 

 

Mullery, Thao and Clark introduced:

 

H. F. No. 1312, A bill for an act relating to corrections; limiting locations of residence for level III predatory offenders; amending Minnesota Statutes 2002, section 244.052, subdivision 4a.

 

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

 

 

Murphy introduced:

 

H. F. No. 1313, A bill for an act relating to retirement; Minnesota state colleges and universities system; authorizing early separation incentive programs; proposing coding for new law in Minnesota Statutes, chapter 354B.

 

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


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Murphy introduced:

 

H. F. No. 1314, A bill for an act relating to retirement; individual retirement account plan; including the plan in  the combined service annuity portability provision; amending Minnesota Statutes 2002, section 356.30, subdivision 3.

 

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

 

 

Murphy introduced:

 

H. F. No. 1315, A bill for an act relating to retirement; the Minnesota state colleges and universities system individual retirement account plan; permitting a revision in prior retirement benefit coverage elections; amending Minnesota Statutes 2002, section 354B.21, by adding a subdivision.

 

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

 

 

Abeler, Bradley, Huntley and Opatz introduced:

 

H. F. No. 1316, A bill for an act relating to human services; establishing a long-term care family loan program pilot project; authorizing the sale of revenue bonds; providing a sunset; 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.

 

 

Hornstein; Thao; Johnson, S.; Ellison and Clark introduced:

 

H. F. No. 1317, A bill for an act relating to state government; extending the existence of the governor's residence council; amending Minnesota Statutes 2002, section 16B.27, subdivision 3.

 

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

 

 

Greiling and Goodwin introduced:

 

H. F. No. 1318, A bill for an act relating to education finance; authorizing continuing levy authority for certain community education activities jointly sponsored by a city and a school district; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Smith introduced:

 

H. F. No. 1319, A bill for an act relating to motor vehicles; providing for designation and registration of American classic cars; amending Minnesota Statutes 2002, section 168.10, subdivision 1b.

 

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


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Smith introduced:

 

H. F. No. 1320, A bill for an act relating to firearms; providing that a person who is convicted of a felony-level crime of violence is prohibited from possessing, receiving, shipping, or transporting a firearm for the remainder of the person's lifetime; authorizing a court upon a showing of good cause to restore the person's ability to possess, receive, ship, or transport firearms; making technical changes to the definition of "crime of violence"; amending Minnesota Statutes 2002, sections 242.31, subdivision 2a; 260B.245, subdivision 1; 609.165, subdivisions 1a, 1b, by adding a subdivision; 609A.03, subdivision 5a; 624.712, subdivision 5; 624.713, subdivisions 1, 2, 3; 638.02, subdivision 2.

 

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

 

 

Howes introduced:

 

H. F. No. 1321, A bill for an act relating to trade regulations; regulating certain trade practices between cigarette manufacturers and retailers; proposing coding for new law in Minnesota Statutes, chapter 325D.

 

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

 

 

Rhodes, Hilty, Sviggum and Lipman introduced:

 

H. F. No. 1322, A bill for an act relating to campaign finance; clarifying certain terms; requiring assumption of certain obligations; changing certain expenditure, contribution, and reporting requirements; providing additional civil penalties; repealing obsolete and duplicative rules; amending Minnesota Statutes 2002, sections 10A.01, subdivision 18; 10A.08; 10A.20, subdivision 5; 10A.24, subdivision 2; 10A.25, subdivision 2; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 6, 7; 10A.323; repealing Minnesota Rules, parts 4501.0300, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

 

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

 

 

Seifert and Kohls introduced:

 

H. F. No. 1323, A bill for an act relating to state government; state board of investment; regulating investments in corporations doing business in France; proposing coding for new law in Minnesota Statutes, chapter 11A.

 

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

 

 

Ruth, Kuisle, Cornish, Brod, Dorn, Finstad and Swenson introduced:

 

H. F. No. 1324, A bill for an act relating to highways; appropriating money and authorizing issuance of state trunk highway bonds for reconstruction of marked trunk highway 14 between Eagle Lake and Owatonna.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 913

Erickson and Kuisle introduced:

 

H. F. No. 1325, A bill for an act relating to appropriations; appropriating money for a high-resolution digital elevation and flood plain management mapping pilot project.

 

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

 

 

Latz, Thissen, Smith, Abeler and Holberg introduced:

 

H. F. No. 1326, A bill for an act relating to civil law; clarifying that civil actions against the state may be brought in federal court under certain federal statutes; amending Minnesota Statutes 2002, section 1.05.

 

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

 

 

Wagenius, Larson, Wasiluk, Tingelstad and Clark introduced:

 

H. F. No. 1327, A bill for an act relating to environment; capping mercury emissions from electric generation facilities; prohibiting the pollution control agency from allowing an increase in the amount of mercury emitted from the generation of electricity in the state; requiring a reduction in mercury emissions from generation facilities in the future; 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.

 

 

Wagenius, Peterson, Dill, Otremba and Anderson, I., introduced:

 

H. F. No. 1328, A bill for an act relating to property taxation; providing a valuation exclusion for new or refurbished individual sewage treatment systems; amending Minnesota Statutes 2002, section 273.11, by adding a subdivision.

 

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

 

 

Ozment, Hoppe, Haas, Wagenius, Dill and Tingelstad introduced:

 

H. F. No. 1329, A bill for an act relating to state lottery; requiring annual reports on maximizing revenues to environmental trust fund; amending Minnesota Statutes 2002, section 349A.15.

 

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

 

 

Westerberg and Beard introduced:

 

H. F. No. 1330, A bill for an act relating to liquor; modifying a posting requirement; amending Minnesota Statutes 2002, section 340A.318, subdivision 3.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 914

Wagenius and Thissen introduced:

 

H. F. No. 1331, A bill for an act relating to public safety; increasing the 911 emergency telephone service fee to cover the cost of the third phase of the public safety radio communication system; authorizing the sale of revenue bonds by the metropolitan council; appropriating money; amending Minnesota Statutes 2002, sections 403.11, subdivision 1; 473.891, subdivision 10, by adding a subdivision; 473.898, subdivisions 1, 3; 473.901, subdivision 1; 473.902, subdivisions 1, 3, 5.

 

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

 

 

Abeler, Samuelson and Huntley introduced:

 

H. F. No. 1332, A bill for an act relating to professions; regulating the issuance of social work licenses and the payment of fees; amending Minnesota Statutes 2002, sections 148B.18, subdivision 2a, by adding a subdivision; 148B.20, subdivision 3; 148B.21, subdivision 7; 148B.22, by adding a subdivision; 148B.26, subdivision 1; 148B.27, subdivisions 1, 2; Laws 2001, chapter 90, section 6; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Rules, parts 8740.0200, subpart 3, item C; 8740.0222; 8740.0227; 8740.0290.

 

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

 

 

Westrom, Davids, Demmer, Cox, Osterman, Simpson, Juhnke and Harder introduced:

 

H. F. No. 1333, A bill for an act relating to economic development; clarifying ownership and location requirements for small wind energy conversion systems that qualify for renewable energy production incentive; funding the incentive from assessment on electric utilities; increasing overall limit on number of megawatts of small wind energy conversion systems that qualify for the incentive; excluding very small systems from the overall limit; amending Minnesota Statutes 2002, section 216C.41, subdivisions 1, 2, 3, 4, 5.

 

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

 

 

Smith introduced:

 

H. F. No. 1334, A bill for an act relating to retirement; providing for a refund of member contributions to a beneficiary upon death for the Minneapolis firefighters relief association; amending Minnesota Statutes 2002, section 423C.08.

 

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

 

 

Thao and Rhodes introduced:

 

H. F. No. 1335, A bill for an act relating to veterans; providing for placement in the capitol area of a statue commemorating Hmong veterans of the campaign in Laos during the Vietnam War.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 915

Seagren, Sykora, Pelowski and Ozment introduced:

 

H. F. No. 1336, A bill for an act relating to education; establishing requirements for qualified teachers and paraprofessionals; amending Minnesota Statutes 2002, section 122A.22; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

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

 

 

Marquart, Penas, Lieder, Eken, Lindgren, Simpson and Nornes introduced:

 

H. F. No. 1337, A bill for an act relating to agriculture; providing for grants for the farm wrap network and rural help network; appropriating money.

 

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

 

 

Penas and Lindgren introduced:

 

H. F. No. 1338, A bill for an act relating to education; directing the board of teaching to adopt rules granting a license to chemistry, physics, and biology teachers; allowing science teachers with continuing licenses to be certified to teach other subjects after receiving a qualifying score on a Praxis II test; amending Minnesota Statutes 2002, section 122A.09, subdivision 4.

 

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

 

 

Erickson introduced:

 

H. F. No. 1339, A bill for an act relating to education; codifying law giving parents access to statewide tests; directing the commissioner of children, families, and learning to annually release increasingly greater portions of statewide test questions; amending Laws 2001, First Special Session chapter 6, article 2, section 68.

 

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

 

 

Howes and Fuller introduced:

 

H. F. No. 1340, A bill for an act relating to taxation; providing for homestead classification for certain resorts owned by a limited liability company; amending Minnesota Statutes 2002, section 273.13, subdivision 22.

 

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

 

 

Rhodes, Abrams and Lenczewski introduced:

 

H. F. No. 1341, A bill for an act relating to taxation; property taxes; modifying the 60-day rule in the dismissal of tax petitions; amending Minnesota Statutes 2002, section 278.05, subdivision 6.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 916

Clark; Walker; Ellison; Thao; Johnson, S.; Paymar; Davnie and Smith introduced:

 

H. F. No. 1342, A bill for an act relating to criminal justice; requiring the collection and study of certain types of prostitution and requiring a report; requiring a report on the use of money collected from penalty assessments imposed against individuals committing certain prostitution crimes; clarifying headnotes; providing that the penalty assessments be appropriated to the commissioner of public safety; amending Minnesota Statutes 2002, sections 609.324; 609.3241.

 

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

 

 

Powell introduced:

 

H. F. No. 1343, A bill for an act relating to retirement; authorizing a service credit purchase in the teachers retirement association for certain sabbatical leaves.

 

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

 

 

Vandeveer; Ozment; Anderson, B., and Anderson, I., introduced:

 

H. F. No. 1344, A bill for an act relating to motor vehicles; authorizing issuance of special veteran contribution license plates for motorcycles; amending Minnesota Statutes 2002, section 168.1255.

 

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

 

 

Klinzing; Johnson, J.; Gerlach; Hoppe; Adolphson; Vandeveer and Anderson, B., introduced:

 

H. F. No. 1345, A bill for an act relating to the metropolitan council; adding lieutenant governor to the membership of the legislative commission on metropolitan government; requiring legislative approval for metropolitan council operating levies; amending Minnesota Statutes 2002, sections 3.8841, subdivisions 2, 3, 5, 7; 473.167, subdivision 3; 473.249, subdivision 1; 473.253, subdivision 1; repealing Minnesota Statutes 2002, sections 473.167, subdivision 4; 473.249, subdivision 2.

 

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

 

 

Goodwin, Greiling, Bernardy and Seagren introduced:

 

H. F. No. 1346, A bill for an act relating to education finance; creating a mechanism to allow compensatory revenue amounts to follow the student to a nonresident school district; appropriating money; amending Minnesota Statutes 2002, section 126C.10, subdivision 4, by adding a subdivision.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 917

Hoppe introduced:

 

H. F. No. 1347, A bill for an act relating to natural resources; modifying funding for state parks and recreation areas; requiring certain state parks and recreation areas to be self-sufficient; appropriating money; amending Minnesota Statutes 2002, sections 85.053; 85.054, subdivisions 2, 3, 5, 9; 85.205; 85.34, subdivisions 2, 4; 85.43; proposing coding for new law in Minnesota Statutes, chapter 85; repealing Minnesota Statutes 2002, sections 85.045, subdivision 4; 85.052; 85.053, subdivisions 4, 5; 85.054, subdivisions 1, 4, 6, 7, 8; 85.055; 85.22.

 

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

 

 

Hoppe and Otremba introduced:

 

H. F. No. 1348, A bill for an act relating to education finance; adjusting school district financial reporting dates; creating a notification process for operating referenda and debt elections; regulating school district elections for obligations; amending Minnesota Statutes 2002, sections 123B.77, subdivision 3; 205A.07, by adding a subdivision; 475.58, by adding a subdivision.

 

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

 

 

Paymar introduced:

 

H. F. No. 1349, A bill for an act relating to health; prohibiting tobacco use in certain public institutions; amending Minnesota Statutes 2002, section 144.414, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 246.

 

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

 

 

Smith introduced:

 

H. F. No. 1350, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 277, Westonka.

 

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

 

 

DeLaForest introduced:

 

H. F. No. 1351, A bill for an act relating to education; modifying charter school requirements; amending Minnesota Statutes 2002, sections 124D.10, subdivision 8; 124D.11, subdivision 7.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 918

Wagenius introduced:

 

H. F. No. 1352, A bill for an act relating to the environment; providing for water quality testing compliance; appropriating money; amending Minnesota Statutes 2002, section 116.07, subdivision 4d, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 115.

 

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

 

 

Clark and Biernat introduced:

 

H. F. No. 1353, A bill for an act relating to education; allowing limited English proficiency students enrolled in a Minnesota school district for three or fewer school years to complete the Minnesota test of emerging academic English as an alternative English and language arts assessment and to complete other statewide assessments in the student's primary language; amending Minnesota Statutes 2002, sections 120B.30, subdivision 1; 124D.61.

 

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

 

 

Fuller, Murphy, Lipman and Smith introduced:

 

H. F. No. 1354, A bill for an act relating to crime; creating a sanctions conference procedure to allow probation officers to impose, with district court confirmation, probation sanctions for technical violations of probation; requesting the chief judge of each judicial district to develop procedures for sanctions conferences and a sanctions conference form; amending Minnesota Statutes 2002, sections 243.05, subdivision 1; 609.135, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 401; repealing Minnesota Statutes 2002, sections 244.19, subdivision 3a; 401.02, subdivision 5.

 

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

 

 

Anderson, B., introduced:

 

H. F. No. 1355, A bill for an act relating to elections; permitting campaign signs in highway rights-of-way under certain conditions; amending Minnesota Statutes 2002, section 211B.045.

 

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

 

 

Anderson, B., introduced:

 

H. F. No. 1356, A bill for an act relating to transportation; establishing trunk highway corridor-protection revolving loan account; appropriating money; amending Minnesota Statutes 2002, sections 161.04, by adding a subdivision; 174.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 161.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 919

Koenen, Peterson, Heidgerken and Finstad introduced:

 

H. F. No. 1357, A bill for an act relating to the city of Bird Island; authorizing a temporary exception to sewer extension permit requirements.

 

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

 

 

Mullery introduced:

 

H. F. No. 1358, A bill for an act relating to game and fish; modifying licenses to be issued by licensing agents; amending Minnesota Statutes 2002, section 97A.485, subdivision 6.

 

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

 

 

Anderson, B., introduced:

 

H. F. No. 1359, A bill for an act relating to the city of Buffalo; authorizing it to issue general obligation bonds to pay for the city's share of highway 55 reconstruction and upgrading.

 

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

 

 

Walz, Krinkie and Kahn introduced:

 

H. F. No. 1360, A bill for an act relating to appropriations; prohibiting state agencies and local units of government from spending money on CriMNet until certain reviews are complete and a risk response plan is implemented; requiring the legislative auditor to perform a financial audit of CriMNet.

 

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

 

 

Finstad and Bradley introduced:

 

H. F. No. 1361, A bill for an act relating to human services; implementing certain county initiatives; amending Minnesota Statutes 2002, sections 119B.11, subdivision 1; 124D.23, subdivision 2; 245.478, subdivision 6; 245.4932, subdivision 1; 245.494, subdivision 1; 245A.10; 253B.05, subdivision 3; 256.935, subdivision 1; 256B.0625, subdivision 20; 256F.13, subdivisions 1, 2; 261.035; 393.07, subdivision 1; 518.167, subdivision 1; repealing Minnesota Statutes 2002, sections 119B.11, subdivisions 1, 4; 245.478; 245.4888; 256B.0911, subdivision 3; 256B.0945, subdivisions 2, 4, 6, 7, 8, 9, 10; 256B.83; 256F.10, subdivision 7.

 

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

 

 

Anderson, B., introduced:

 

H. F. No. 1362, A bill for an act relating to the city of Clearwater; authorizing the city to impose a sales and use tax.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 920

Adolphson, Biernat, Meslow and Anderson, J., introduced:

 

H. F. No. 1363, A bill for an act relating to education; requiring bus transportation for students living further than one mile from school; authorizing school board to charge fee to all students riding buses; amending Minnesota Statutes 2002, sections 123B.36, subdivision 1; 123B.37, subdivision 1; 123B.88, subdivision 1.

 

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

 

 

Kielkucki introduced:

 

H. F. No. 1364, A bill for an act relating to advertising devices; providing for community identification signs; amending Minnesota Statutes 2002, section 173.08, subdivision 1.

 

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

 

 

Nelson, P., introduced:

 

H. F. No. 1365, A bill for an act relating to drivers' licenses; allowing government agencies to act as commercial driver training schools; abolishing exemptions; amending Minnesota Statutes 2002, section 171.33, subdivision 1; repealing Minnesota Statutes 2002, section 171.39.

 

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

 

 

Beard introduced:

 

H. F. No. 1366, A bill for an act relating to the courts; providing for distribution of certain revenues received by courts after state takeover; requiring the prorating of state aid loss to court administration costs; amending Minnesota Statutes 2002, sections 299D.03, subdivision 5; 487.33, subdivision 5.

 

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

 

 

Ozment; Hausman; Olson, M.; Cornish and Wagenius introduced:

 

H. F. No. 1367, A bill for an act relating to natural resources; providing for aquatic plant management funding; increasing watercraft surcharge; modifying apportionment of gasoline fuel tax for motorboats; appropriating money; amending Minnesota Statutes 2002, sections 86B.415, subdivision 7; 296A.18, subdivision 2.

 

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

 

 

Clark introduced:

 

H. F. No. 1368, A bill for an act relating to housing; providing for consultation with representatives of urban Indian organizations by the commissioner of the Minnesota housing finance agency; proposing coding for new law in Minnesota Statutes, chapter 462A.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 921

Clark introduced:

 

H. F. No. 1369, A bill for an act relating to health and human services; providing for consultation with representatives of urban Indian organizations by the commissioner of health and the commissioner of human services; amending Minnesota Statutes 2002, section 256.01, by adding a subdivision; 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.

 

 

Knoblach introduced:

 

H. F. No. 1370, A bill for an act relating to financing of state government; changing dates for submissions to the legislature of revenue targets and departmental earnings reports; amending Minnesota Statutes 2002, sections 16A.102, subdivision 1; 16A.1285, subdivision 3.

 

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

 

 

Eken, Peterson, Osterman, Penas, Lieder, Koenen, Tingelstad, Rhodes, Thissen, Otremba, Marquart and Murphy introduced:

 

H. F. No. 1371, A bill for an act relating to legislation; requiring a rural-urban migration impact study to be prepared for certain budget proposals; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

Beard, Lieder, Erhardt, Juhnke, Kuisle, Kelliher, Hausman, Swenson, Ruth, Seagren, Powell, Westerberg, Osterman, Solberg, Wasiluk, Davnie, Ellison, Severson and Peterson introduced:

 

H. F. No. 1372, A bill for an act relating to transportation; increasing maximum license taxes on passenger automobiles; providing for deposit of revenues from motor vehicle sales tax; requiring reductions in department of transportation trunk highway fund budget base; authorizing issuance of state trunk highway bonds and appropriating proceeds for trunk highway improvements; authorizing issuance of state general obligation bonds for public transit capital improvements; proposing an amendment to the Minnesota Constitution by adding a section to article XIV to dedicate all revenue from the motor vehicle sales tax to highway and transit purposes beginning July 1, 2007; appropriating money; amending Minnesota Statutes 2002, sections 168.013, subdivision 1a; 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 161.

 

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

 

 

Rhodes, Smith, Powell, Abeler and Kahn introduced:

 

H. F. No. 1373, A bill for an act relating to the metropolitan radio board; extending the expiration date for the board; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 922

Urdahl; Otremba; Murphy; Anderson, I.; Heidgerken; Juhnke and Entenza introduced:

 

H. F. No. 1374, A bill for an act relating to agriculture; providing for the headquarters of the department of agriculture to be named after Orville L. Freeman.

 

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

 

 

Klinzing introduced:

 

H. F. No. 1375, A bill for an act relating to education finance; increasing funding for equity revenue; limiting compensatory revenue to not more than $1,500 per pupil; amending Minnesota Statutes 2002, section 126C.10, subdivisions 3, 24.

 

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

 

 

Klinzing introduced:

 

H. F. No. 1376, A bill for an act relating to education finance; increasing the appropriation for the alternative compensation program; appropriating money.

 

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

 

 

Blaine introduced:

 

H. F. No. 1377, A bill for an act relating to retirement; authorizing a service credit purchase for certain employees of the department of corrections.

 

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

 

 

Kuisle, Vandeveer, Cox, Powell and Peterson introduced:

 

H. F. No. 1378, A bill for an act removing a limitation for regional library basic system support grants; amending Minnesota Statutes 2002, section 134.201, subdivision 5; repealing Minnesota Statutes 2002, section 134.34, subdivision 4.

 

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

 

 

Kuisle, Simpson and Pugh introduced:

 

H. F. No. 1379, A bill for an act relating to taxation; property; providing for the valuation of certain rental housing; amending Minnesota Statutes 2002, section 273.11, by adding a subdivision; Laws 2001, First Special Session chapter 5, article 3, section 96.

 

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


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 923

Buesgens introduced:

 

H. F. No. 1380, A bill for an act relating to public employment; establishing financial parameters for public employment contracts; amending Minnesota Statutes 2002, sections 179A.01; 179A.03, by adding subdivisions; 179A.07, subdivision 1; 179A.16, subdivision 9; 179A.18, subdivision 1; 179A.20, by adding a subdivision; repealing Minnesota Statutes 2002, sections 123B.749; 179A.03, subdivision 19.

 

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

 

 

Smith introduced:

 

H. F. No. 1381, A bill for an act relating to motor vehicles; authorizing certain vehicles more than 20 years old to be designated as classic cars; creating an advisory committee on classic car designation; amending Minnesota Statutes 2002, section 168.10, subdivision 1b.

 

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

 

 

Davnie, Greiling, Sertich and Entenza introduced:

 

H. F. No. 1382, A bill for an act relating to elections; providing for fair and clean elections; increasing disclosure of campaign contributions to candidates; encouraging candidates to accept only clean money for their political campaigns; limiting campaign contributions and expenditures; increasing public subsidies for state candidates who agree to limit the sources and amounts of contributions to their campaigns; appropriating money; amending Minnesota Statutes 2002, sections 10A.01, subdivision 1; 10A.02, subdivisions 8, 10, 11, 11a, 12, 13; 10A.025, subdivisions 1, 2; 10A.071, subdivision 3; 10A.34; 10A.37; 129D.13, by adding a subdivision; 129D.14, by adding a subdivision; 204B.11, subdivision 1; 211A.13; 211B.12; 211B.15, subdivision 16; 340A.404, subdivision 10; 353.03, subdivision 1; 383B.042, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 204B; 211B; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 2002, sections 10A.01, subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, 36; 10A.105; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324; 290.06, subdivision 23.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

Mr. Speaker:

 

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

 

 

H. F. No. 267, A bill for an act relating to insurance; modifying the standard fire insurance policy; amending Minnesota Statutes 2002, section 65A.01, subdivision 3.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 924

Mr. Speaker:

 

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

 

 

H. F. No. 1158, A bill for an act relating to human services; increasing an intergovernmental transfer payment; increasing the county nursing home payment adjustment; appropriating money; amending Minnesota Statutes 2002, sections 256B.19, subdivision 1d; 256B.431, subdivision 23.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

 

S. F. No. 287, A bill for an act relating to education; requiring recitation of the pledge of allegiance in all public schools; providing for instruction in the proper etiquette, display, and respect of the United States flag; amending Minnesota Statutes 2002, sections 121A.11, by adding subdivisions; 124D.10, subdivision 8.

 

 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

 

Senators Murphy, Tomassoni and Olson.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Anderson, B., moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 287. The motion prevailed.

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 155, 39, 215, 217, 328, 422, 693, 926 and 790.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 925

FIRST READING OF SENATE BILLS

 

 

S. F. No. 155, A bill for an act relating to insurance; regulating coverage for communication aids or devices; amending Minnesota Statutes 2002, sections 62E.06, subdivision 1; 62L.05, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

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

 

 

S. F. No. 39, A bill for an act relating to health; allowing application for designation as an essential community provider; amending Minnesota Statutes 2002, section 62Q.19, subdivision 2.

 

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

 

 

S. F. No. 215, A bill for an act relating to health; clarifying the definition of the practice of psychology; amending Minnesota Statutes 2002, section 148.89, subdivision 5.

 

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

 

 

S. F. No. 217, A bill for an act relating to health; modifying provisions relating to supervised practice by a psychologist; amending Minnesota Statutes 2002, section 148.925, subdivision 1.

 

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

 

 

S. F. No. 328, A bill for an act relating to health; authorizing the board of psychology to require an independent examination of a practitioner; classifying such information; amending Minnesota Statutes 2002, sections 13.383, subdivision 8; 148.941, by adding a subdivision.

 

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

 

 

S. F. No. 422, A bill for an act relating to examiners of titles; providing for alternative means of compensation; amending Minnesota Statutes 2002, section 508.12, subdivision 1.

 

The bill was read for the first time.

 

Buesgens moved that S. F. No. 422 and H. F. No. 554, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 693, A bill for an act relating to the metropolitan council; authorizing the use of energy forward pricing mechanisms; proposing coding for new law in Minnesota Statutes, chapter 473.

 

The bill was read for the first time.

 

Buesgens moved that S. F. No. 693 and H. F. No. 689, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 926

S. F. No. 926, A bill for an act relating to public safety; providing for property manager background checks on the Minnesota computerized criminal history system; amending Minnesota Statutes 2002, section 299C.68, subdivision 5.

 

The bill was read for the first time.

 

Kohls moved that S. F. No. 926 and H. F. No. 731, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 790, A bill for an act relating to human services; recodifying and reorganizing the background study provisions in the Human Services Licensing Act; making conforming changes; amending Minnesota Statutes 2002, sections 245A.04, subdivisions 1, 3, 3a, 3b, 3c, 3d, 3e, 3f; 245A.041; proposing coding for new law as Minnesota Statutes, chapter 245C.

 

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

 

 

CONSENT CALENDAR

 

 

H. F. No. 645, A bill for an act relating to technology business; providing for exemptions from Minnesota Electrical Act; amending Minnesota Statutes 2002, sections 326.01, subdivision 6m; 326.242, subdivisions 3d, 8, 12; 326.2421, subdivision 2; 326.244, subdivisions 1a, 5; repealing Minnesota Statutes 2002, sections 326.01, subdivision 6d; 326.2421, subdivisions 3, 4, 6, 8.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 927

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 647, A bill for an act relating to human services; providing an exception to the nursing home construction moratorium; modifying special provisions for moratorium exceptions; amending Minnesota Statutes 2002, sections 144A.071, by adding a subdivision; 256B.431, subdivision 17.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

MOTION TO FIX TIME TO CONVENE

 

Paulsen moved that when the House adjourns today it adjourn until 4:30 p.m., Tuesday, April 1, 2003. The motion prevailed.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 928

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Monday, March 31, 2003:

 

 

H. F. Nos. 677, 268, 668 and 335.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 294 was reported to the House.

 

Eastlund moved to amend H. F. No. 294, the third engrossment, as follows:

 

Page 1, line 25, delete "Back pay"

 

Page 1, line 26, delete everything before "Payment"

 

Page 2, line 5, delete "on or after"

 

Page 2, line 6, delete "September 11, 2001,"

 

Page 4, line 1, delete the new language and insert "the effective date of this act or who is on active service on the effective date of this act"

 

Page 4, delete lines 16 to 21 and insert:

 

"Section 1 is effective the day following final enactment and applies to salary differential for active service on or after the date of final enactment of this act."

 

Amend the title accordingly.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Eastlund amendment and the roll was called. There were 89 yeas and 42 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Ozment

Paulsen

Paymar

Penas


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 929

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Atkins

Bernardy

Biernat

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lesch

Mahoney

Mariani

Nelson, M.

Otto

Pelowski

Peterson

Pugh

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Vandeveer

Wagenius

Walker

Wasiluk


 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 294, A bill for an act relating to the military; requiring payment of a salary differential and continuation of certain benefits to certain state employees who are members of the national guard or other military reserve units and who reported for active military duty; permitting local governments to pay a similar salary differential for their employees who are members of the national guard or other military reserve units and who have reported for active military service; amending Minnesota Statutes 2002, section 471.975; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

 

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 132 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 930

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

The Speaker called Abrams to the Chair.

 

 

H. F. No. 677, A bill for an act relating to occupations and professions; modifying licensure requirements for architects, engineers, surveyors, landscape architects, geoscientists, and interior designers; amending Minnesota Statutes 2002, sections 326.10, by adding subdivisions; 326.107, subdivisions 4, 8; repealing Minnesota Statutes 2002, sections 326.10, subdivision 5; 326.107, subdivisions 6, 9.

 

 

The bill was read for the third time 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 50 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Erhardt

Erickson

Finstad

Fuller

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Kuisle

Lanning

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Pelowski

Penas

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Thissen

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

DeLaForest

Dorn

Ellison

Entenza

Gerlach

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Krinkie

Latz

Lesch

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Otremba

Paymar

Peterson

Pugh

Rukavina

Sertich

Sieben

Simpson

Slawik

Solberg

Thao

Wagenius

Walker

Wasiluk

Westrom


 

 

The bill was passed and its title agreed to.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 931

H. F. No. 268, A bill for an act relating to peace officers; authorizing the state fair police department to employ more part-time peace officers; amending Minnesota Statutes 2002, section 626.8468, subdivision 1.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Howes


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 668 was reported to the House.

 

Holberg moved to amend H. F. No. 668, the fourth engrossment, as follows:

 

Page 1, after line 6, insert:

 

"ARTICLE 1"

 

Page 11, after line 12, insert:

 

"ARTICLE 2


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 932

Section 1. Minnesota Statutes 2002, section 145.4134, is amended to read:

 

145.4134 [COMMISSIONER'S PUBLIC REPORT.]

 

(a) By July 1 of each year, except for 1998 and 1999 information, the commissioner shall issue a public report providing statistics for the previous calendar year compiled from the data submitted under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. For 1998 and 1999 information, the report shall be issued October 1, 2000. Each report shall provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The commissioner shall ensure that none of the information included in the public reports can reasonably lead to identification of an individual having performed or having had an abortion. All data included on the forms under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249 must be included in the public report, except that the commissioner shall maintain as confidential, data which alone or in combination may constitute information from which an individual having performed or having had an abortion may be identified using epidemiologic principles. The commissioner shall submit the report to the senate health and family security committee and the house health and human services committee.

 

(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings, or other valid reason, provided that physicians or facilities and the commissioner of human services submit the required information once each year and the commissioner issues a report once each year."

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Paymar, Kelliher, Greiling and Bernardy moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 2, after line 22, insert:

 

"Subd. 9. [SEXUAL ASSAULT.] "Sexual assault" means criminal sexual conduct in the first degree under section 609.342, criminal sexual conduct in the second degree under section 609.343, criminal sexual conduct in the third degree under section 609.344, criminal sexual conduct in the fourth degree under section 609.345, or incest under section 609.365.

 

Subd. 10. [SEXUAL ASSAULT VICTIM.] "Sexual assault victim" means a woman who alleges or is alleged to have been sexually assaulted."

 

Page 2, line 27, after "emergency" insert "or a sexual assault victim"

 

 

A roll call was requested and properly seconded.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 933

The question was taken on the Paymar et al amendment and the roll was called. There were 46 yeas and 86 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lenczewski

Lesch

Mahoney

Mariani

Mullery

Nelson, M.

Opatz

Osterman

Otto

Paymar

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Walker, Paymar, Kelliher, Greiling and Bernardy moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 3, after line 20, insert:

 

"(2) the female is provided with consultation, examination, medical treatment, genetic counseling, prescriptions, and products, such as charts, thermometers, drugs, medical preparations, and contraceptive devices for the purpose of preventing future unwanted pregnancies;"

 

Renumber the remaining clauses in the section and correct internal references

 

 

A roll call was requested and properly seconded.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 934

The question was taken on the Walker et al amendment and the roll was called. There were 47 yeas and 85 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorman

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lesch

Lieder

Magnus

Mahoney

Mariani

Mullery

Nelson, M.

Osterman

Otto

Paymar

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lindgren

Lindner

Lipman

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

The Speaker resumed the Chair.

 

 

Davnie moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 2, line 27, after "emergency," insert "or if the female, in consultation with her physician and following compliance with the informed consent provisions of section 145.412, subdivision 1, chooses to waive her rights to the other provisions of this act,"

 

Page 4, line 15, after "(iii)" insert ", or that she has waived her right to receive such information"

 

 

A roll call was requested and properly seconded.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 935

The question was taken on the Davnie amendment and the roll was called. There were 43 yeas and 89 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lesch

Lieder

Mahoney

Mariani

Mullery

Nelson, M.

Osterman

Otto

Paymar

Peterson

Rhodes

Rukavina

Sertich

Sieben

Slawik

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Pugh

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Kahn, Huntley, Slawik, Sieben and Greiling moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 2, line 34, delete "breast"

 

Page 2, line 35, delete "cancer,"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Kahn et al amendment and the roll was called. There were 45 yeas and 86 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Cox

Davnie

Dorman

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 936

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lesch

Mahoney

Mariani

Mullery

Nelson, M.

Osterman

Otto

Paymar

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorn

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Kahn, Sieben, Huntley, Slawik and Greiling moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 2, line 35, after "cancer" insert "including the Internet address of the federal Center for Disease Control fact sheet on abortion and breast cancer,"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Kahn et al amendment and the roll was called. There were 48 yeas and 83 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Cox

Davnie

Dorman

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Klinzing

Latz

Lesch

Lieder

Mahoney

Mariani

Nelson, M.

Opatz

Otto

Paymar

Peterson

Pugh

Rhodes

Rukavina

Seagren

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 937


Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Davids

DeLaForest

Demmer

Dempsey

Dill

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Mullery

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Osterman

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Wagenius, Walker and Huntley moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 5, line 24, delete "and" and insert:

 

"(3) materials designed to inform the female about the need for pregnant women to avoid certain known risk factors for spontaneous abortions, birth defects, developmental abnormalities, premature deliveries or low birth weight babies. Information on such risk factors must include:

 

(i) risks associated with maternal use of alcohol, cigarettes, controlled substances, or non-prescription drugs;

 

(ii) risks associated with maternal exposure to toxins and pesticides;

 

(iii) risks associated with maternal consumption of contaminated well water, including the recommendation that all wells should be tested at least annually for coliform bacteria and nitrate, that all wells should be tested at least once for arsenic, and that further measures including testing for pesticides are necessary if a well tests positive for nitrates;

 

(iv) risks associated with maternal consumption of mercury and PCBs in fish, including information regarding access to health department fish advisories; and

 

(v) risks associated with maternal infection with rubella, varicella zoster, or toxoplasmosis.

 

The information on risk factors shall be objective, nonjudgmental and designed to convey only accurate scientific information; and"

 

Page 5, line 25, delete "(3)" and insert "(4)"

 

A roll call was requested and properly seconded.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 938

The question was taken on the Wagenius et al amendment and the roll was called. There were 49 yeas and 83 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Cox

Davnie

Dorman

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Mullery

Nelson, M.

Opatz

Osterman

Otto

Paymar

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Davids

DeLaForest

Demmer

Dempsey

Dill

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Slawik and Huntley moved to amend H. F. No. 668, the fourth engrossment, as amended, as follows:

 

Page 11, delete section 11

 

Amend the title as follows:

 

Page 1, line 4, delete "appropriating money;"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Slawik and Huntley amendment and the roll was called. There were 39 yeas and 93 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 939

Johnson, S.

Kahn

Kelliher

Latz

Lesch

Mahoney

Mariani

Nelson, M.

Osterman

Paymar

Peterson

Rhodes

Rukavina

Sertich

Sieben

Slawik

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Otremba

Otto

Ozment

Paulsen

Pelowski

Penas

Powell

Pugh

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

H. F. No. 668, as amended, was read for the third time.

 

 

The Speaker called Erickson to the Chair.

 

 

POINT OF ORDER

 

Kielkucki raised a point of order pursuant to section 101 of "Mason's Manual of Legislative Procedure," relating to Debate Being Limited to the Question Before the House. Speaker pro tempore Erickson ruled the point of order not well taken.

 

 

CALL OF THE HOUSE

 

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

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 940

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Otto

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Wilkin

Zellers


 

 

Paulsen 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.

 

 

H. F. No. 668, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; appropriating money; amending Minnesota Statutes 2002, section 145.4134; proposing coding for new law in Minnesota Statutes, chapter 145.

 

 

The bill, as amended, was placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 91 yeas and 41 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olson, M.

Opatz

Osterman

Otremba

Ozment

Paulsen

Pelowski

Penas

Powell

Pugh

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abrams

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Latz

Lesch


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 941

Mahoney

Mariani

Mullery

Nelson, M.

Otto

Paymar

Peterson

Rhodes

Rukavina

Sertich

Sieben

Slawik

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

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

 

 

The Speaker resumed the Chair.

 

 

CALL OF THE HOUSE LIFTED

 

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

 

 

Paulsen moved that the remaining bill on the Calendar for the Day be continued. The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

Mullery moved that the name of Davnie be added as an author on H. F. No. 11. The motion prevailed.

 

Bradley moved that the name of Latz be added as an author on H. F. No. 29. The motion prevailed.

 

Anderson, I., moved that his name be stricken as an author on H. F. No. 403. The motion prevailed.

 

Kahn moved that her name be stricken as an author on H. F. No. 491. The motion prevailed.

 

Otremba moved that her name be stricken as an author on H. F. No. 510. The motion prevailed.

 

Soderstrom moved that the names of Abrams and Meslow be added as authors on H. F. No. 617. The motion prevailed.

 

Walker moved that her name be stricken as an author on H. F. No. 776. The motion prevailed.

 

Thissen moved that his name be stricken as an author on H. F. No. 883. The motion prevailed.

 

Severson moved that his name be stricken as an author on H. F. No. 915. The motion prevailed.

 

Holberg moved that the name of Erhardt be added as an author on H. F. No. 981. The motion prevailed.

 

Jacobson moved that the name of Swenson be added as an author on H. F. No. 1031. The motion prevailed.

 

Eastlund moved that the name of Wardlow be added as an author on H. F. No. 1045. The motion prevailed.

 

Smith moved that the name of Lipman be added as an author on H. F. No. 1123. The motion prevailed.

 

Greiling moved that her name be stricken as an author on H. F. No. 1146. The motion prevailed.

 

Osterman moved that the name of Clark be added as an author on H. F. No. 1184. The motion prevailed.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 942

Westerberg moved that the name of Ruth be added as an author on H. F. No. 1192. The motion prevailed.

 

Nelson, M., moved that the name of Sieben be added as an author on H. F. No. 1236. The motion prevailed.

 

Solberg moved that the name of Hackbarth be added as an author on H. F. No. 1237. The motion prevailed.

 

Atkins moved that the name of Peterson be added as an author on H. F. No. 1256. The motion prevailed.

 

Sykora moved that the name of Samuelson be added as an author on H. F. No. 1266. The motion prevailed.

 

Gunther moved that the name of Samuelson be added as an author on H. F. No. 1271. The motion prevailed.

 

Meslow moved that the names of Wilkin, DeLaForest and Samuelson be added as authors on H. F. No. 1273. The motion prevailed.

 

Lindgren moved that the names of Wilkin, Harder and DeLaForest be added as authors on H. F. No. 1274. The motion prevailed.

 

Hoppe moved that the name of DeLaForest be added as an author on H. F. No. 1277. The motion prevailed.

 

Westerberg moved that the name of Ruth be added as an author on H. F. No. 1286. The motion prevailed.

 

Seifert moved that the names of Wilkin, Gerlach and Bernardy be added as authors on H. F. No. 1292. The motion prevailed.

 

Rhodes moved that H. F. No. 716 be recalled from the Committee on Transportation Policy and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

 

Solberg moved that H. F. No. 1002 be recalled from the Committee on Transportation Finance and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.

 

Eastlund moved that H. F. No. 1045 be recalled from the Committee on Governmental Operations and Veterans Affairs Policy and be re-referred to the Committee on Civil Law. The motion prevailed.

 

Kohls moved that H. F. No. 1114 be recalled from the Committee on Commerce, Jobs and Economic Development and be re-referred to the Committee on Civil Law. The motion prevailed.

 

Johnson, S., moved that H. F. No. 1178 be recalled from the Committee on Judiciary Policy and Finance and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

 

Meslow moved that H. F. No. 1227 be recalled from the Committee on Education Finance and be re-referred to the Committee on Education Policy. The motion prevailed.

 

Klinzing moved that H. F. No. 1264 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Education Policy. The motion prevailed.

 

Abeler moved that H. F. No. 1309 be recalled from the Committee on Education Finance and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

 

Biernat moved that S. F. No. 230 be recalled from the Committee on Civil Law and together with H. F. No. 264, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 943

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 287:

 

Anderson, B.; Seifert and Pelowski.

 

 

ADJOURNMENT

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 4:30 p.m., Tuesday, April 1, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 30th Day - Monday, March 31, 2003 - Top of Page 944