Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5779

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2006

 

_____________________

 

EIGHTIETH DAY

 

Saint Paul, Minnesota, Tuesday, March 28, 2006

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Gregory M. Davids, Speaker pro tempore.

 

      Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

 

      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

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

      A quorum was present.

 

      Dorman and Howes were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Blaine 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 - 80th Day - Tuesday, March 28, 2006 - Top of Page 5780

REPORTS OF STANDING COMMITTEES

 

 

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

 

H. F. No. 2731, A bill for an act relating to health; requiring programs to meet an average yearly pass rate for EMT certification; amending Minnesota Statutes 2004, section 144E.285, subdivision 1.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2883, A bill for an act relating to taxes; property; increasing the maximum market value of agricultural land eligible for the homestead classification; amending Minnesota Statutes 2004, section 273.13, subdivision 23.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "$750,000" and insert "$1,000,000"

 

Page 1, line 12, delete "$750,000" and insert "$1,000,000"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2961, A bill for an act relating to state government; providing that certain compensation for legislators and the governor is forfeited upon failure to pass specified budget provisions in a timely manner; proposing coding for new law in Minnesota Statutes, chapter 15A.

 

Reported the same back with the following amendments:

 

Page 2, after line 24, insert:

 

"Subd. 4.  Exemption from forfeiture.  The salary and other forfeiture provisions of this section do not apply to members of the legislature who are not a part of a legislative committee, conference committee, or other subgroup whenever the committee, conference committee, or other subgroup prevents a majority of the full house of representatives or senate from taking legislative action to move towards adoption of budget bills specified in subdivisions 2 and 3.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5781

Subd. 5.  Forfeiture of salary for governor.  If the governor vetoes one or more budget bills specified in subdivisions 2 and 3 and the veto necessitates a special session to establish or balance the state budget and complete the state's work, the governor forfeits salary until all of the applicable budget bills specified in subdivisions 2 and 3 are enacted.  If the governor forfeits salary under this subdivision, the forfeiture of the governor's salary begins with the pay period next beginning after the first occurrence of the conditions requiring forfeiture."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3066, A bill for an act relating to nursery stock; providing for improved consumer education at the point of retail sale; requiring a report to the legislature.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3078, A bill for an act relating to state government; providing for composition of the Iron Range Resources and Rehabilitation Board; providing for selection of its members; amending Minnesota Statutes 2004, sections 298.22, subdivisions 1, 2, by adding a subdivision; 298.296, subdivision 2; Minnesota Statutes 2005 Supplement, section 298.296, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TASK FORCE TO STUDY IRRRB STRUCTURE. 

 

(a) A task force is created to study and make recommendations on the composition of the Iron Range Resources and Rehabilitation Board.  The task force must be appointed as follows:

 

(1) the commissioner of Iron Range Resources and Rehabilitation is a member;

 

(2) the governor must appoint eight members, who are not legislators, and who reside in the taconite assistance area defined in Minnesota Statutes, section 273.1341;

 

(3) the speaker of the house of representatives must appoint four members of the house of representatives, two each from the majority and minority caucuses; and

 

(4) four senators must be appointed according to the rules of the senate, two each from the majority and minority caucuses.

 

The governor must designate one of the members specified in clauses (1) to (4) to serve as chair.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5782

(b) Legislative members may receive per diem and expense reimbursement from the house of representatives or the senate as provided in legislative policies.  Other members receive per diem and expense reimbursement from the Iron Range Resources and Rehabilitation Agency as provided in Minnesota Statutes, section 15.0575.

 

(c) The task force must report its recommendations to the legislature by January 15, 2007."

 

Delete the title and insert:

 

"A bill for an act relating to state government; creating a task force to study and make recommendations on the composition of the Iron Range Resources and Rehabilitation Board; providing appointments."

 

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3110, A bill for an act relating to elections; setting the criteria for voting systems to be used in elections; amending Minnesota Statutes 2005 Supplement, sections 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61, subdivision 5; 206.80; 206.805, subdivision 1; 206.83; 206.90, subdivision 8.

 

Reported the same back with the following amendments:

 

Page 5, delete lines 19 and 20 and insert:

 

"Sec. 11.  [206.91] VOTING MACHINES OPTIONS WORKING GROUP. 

 

(a) A working group is hereby established to investigate and recommend to the legislature requirements for additional options for voting equipment that complies with the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to provide private and independent voting for individuals with disabilities.

 

The working group must be cochaired by representatives of the Minnesota Disability Law Center and Citizens for Election Integrity - Minnesota.

 

(b) The working group must convene its first meeting by June 2006 and must report to the legislature by February 15, 2007.

 

(c) The working group must include, but is not limited to:

 

(1) the disability community;

 

(2) the secretary of state;

 

(3) county and local election officials;

 

(4) major and minor political parties;


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5783

(5)(i) one member of the senate majority caucus and one member of the senate minority caucus appointed by the Subcommittee on Committees of the Committee on Rules and Administration; and

 

(ii) one member of the house majority caucus and one member of the house minority caucus appointed by the speaker;

 

(6) nonpartisan organizations;

 

(7) at least one individual with computer security expertise and knowledge of elections; and

 

(8) members of the public, other than vendors of election equipment, selected by consensus of the other members, including representatives of language and other minorities.

 

(d) Members of the working group will be selected by:

 

(1) a representative of the Office of the Secretary of State;

 

(2) a representative of the county election officials;

 

(3) the cochairs; and

 

(4) two legislators representing each party.

 

Sec. 12.  EFFECTIVE DATE. 

 

Sections 1 to 11 are effective the day following final enactment."

 

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "establishing a voting machines options working group;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

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

 

H. F. No. 3116, A bill for an act relating to game and fish; modifying critical habitat private sector matching account provisions; providing definitions; providing for and modifying disposition of certain revenue; modifying restrictions on motorized watercraft and recreational vehicles in wildlife management areas; providing for inspection of equipment used to take wild animals; modifying certain penalty and fee amounts; modifying certain game and fish license provisions; modifying firearms possession provisions for persons under 16; providing for collecting antler sheds; modifying certain provisions for taking and possessing game and fish; modifying restrictions on using lights to locate animals; modifying provisions for fishing contests; providing for a moratorium on use of public waters for aquaculture; modifying regulation of all-terrain vehicles; creating two classes of all-terrain vehicles; requiring rulemaking; amending Minnesota Statutes 2004, sections 84.92, subdivision 8, by adding subdivisions;


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5784

84.928, by adding a subdivision; 84.943, subdivision 3; 97A.015, by adding subdivisions; 97A.055, subdivision 2; 97A.065, subdivision 2; 97A.075, subdivision 1; 97A.101, subdivision 4; 97A.251, subdivision 1; 97A.321; 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.021, subdivision 1, by adding a subdivision; 97B.081, subdivision 1; 97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions 3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision 4; 97A.475, subdivision 3; 97A.551, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2004, section 97C.355, subdivision 6.

 

Reported the same back with the following amendments:

 

Page 12, after line 9, insert:

 

"Sec. 28.  Minnesota Statutes 2004, section 97B.015, is amended by adding a subdivision to read:

 

Subd. 5a.  Exemption; range and shooting exercise instruction.  Notwithstanding subdivision 5, a person who is a licensed police officer as defined in section 626.84, or who has completed basic training in the United Stated armed forces, is exempt from the range and shooting exercise portion of the required course of instruction for the firearms safety certificate.  The commissioner may require any written proof of the person's police officer licensure or military training that the commissioner deems appropriate for implementing this subdivision.  The police officer or current or former service member is not exempt from any other requirement of this section for obtaining the firearms safety certificate.  The commissioner shall publicly announce this exemption and the availability of the department's online, remote-study option for adults seeking firearms safety certification.

 

EFFECTIVE DATE.  This section is effective July 1, 2006."

 

Page 20, after line 23, insert:

 

"Sec. 45.  Minnesota Statutes 2005 Supplement, section 197.65, is amended to read:

 

197.65 RENEWAL OF PROFESSIONAL LICENSE, MOTOR VEHICLE REGISTRATION AND DRIVER'S LICENSE LICENSES; REGISTRATION; CERTIFICATE; GOVERNING STATUTES. 

 

(a) The renewal of a license or certificate of registration for a person who is serving in or has recently been separated or discharged from active military service and who is required by law to be licensed or registered in order to carry on or practice a trade, employment, occupation, or profession in the state is governed under sections 326.55 and 326.56.

 

(b) The renewal of a driver's license for a person who is serving in or has recently been separated or discharged from active military service is governed under section 171.27.

 

(c) The renewal and payment of the motor vehicle registration tax for a vehicle of a person who is serving in or has recently been separated or discharged from active military service is governed under section 168.031.

 

(d) A veteran's exemption from the range and shooting exercise portion of the natural resources firearms safety training course, as a prerequisite for obtaining a hunting license or for any other purpose, is governed by section 97B.015, subdivision 5a.

 

EFFECTIVE DATE.  This section is effective July 1, 2006."


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5785

Page 21, after line 15, insert:

 

"Sec. 48.  CONFORMING CHANGES; RULES. 

 

The commissioner of natural resources may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform to section 44.  Minnesota Statutes, section 14.386, does not apply to the rulemaking under this section except to the extent provided under Minnesota Statutes, section 14.388."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 8, after the second semicolon, insert "modifying firearms safety course requirements;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

 

H. F. No. 3131, A bill for an act relating to insurance; authorizing service cooperatives to offer health reinsurance programs; allowing local units of government to participate in the programs; amending Minnesota Statutes 2004, sections 123A.21, subdivision 7; 471.61, by adding a subdivision; 471.617, subdivision 3, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2004, section 123A.21, subdivision 7, is amended to read:

 

Subd. 7.  Educational programs and services.  The board of directors of each SC shall submit annually a plan to the members.  The plan shall identify the programs and services which are suggested for implementation by the SC during the following year and shall contain components of long-range planning determined by the SC.  These programs and services may include, but are not limited to, the following areas:

 

(1) administrative services;

 

(2) curriculum development;

 

(3) data processing;

 

(4) distance learning and other telecommunication services;

 

(5) evaluation and research;

 

(6) staff development;


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5786

(7) media and technology centers;

 

(8) publication and dissemination of materials;

 

(9) pupil personnel services;

 

(10) planning;

 

(11) secondary, postsecondary, community, adult, and adult vocational education;

 

(12) teaching and learning services, including services for students with special talents and special needs;

 

(13) employee personnel services;

 

(14) vocational rehabilitation;

 

(15) health, diagnostic, and child development services and centers;

 

(16) leadership or direction in early childhood and family education;

 

(17) community services;

 

(18) shared time programs;

 

(19) fiscal services and risk management programs, including health insurance programs providing reinsurance or stop loss coverage;

 

(20) technology planning, training, and support services;

 

(21) health and safety services;

 

(22) student academic challenges; and

 

(23) cooperative purchasing services.

 

An SC is subject to regulation and oversight by the commissioner of commerce under the insurance laws of this state when operating a health reinsurance program pursuant to clause (19) providing reinsurance or stop loss coverage.

 

Sec. 2.  EFFECTIVE DATE. 

 

Section 1 is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to insurance; authorizing service cooperatives to offer health programs providing reinsurance or stop loss coverage; amending Minnesota Statutes 2004, section 123A.21, subdivision 7."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5787

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3136, A bill for an act relating to higher education; modifying certain requirements relating to president search and selection process at the University of Minnesota and Minnesota State Colleges and Universities; amending Minnesota Statutes 2004, sections 13.43, by adding a subdivision; 13D.01, subdivision 2; Minnesota Statutes 2005 Supplement, section 13.43, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, line 22, delete "or the Minnesota"

 

Page 1, line 23, delete "State Colleges and Universities"

 

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3158, A bill for an act relating to family; creating a supervised visitation advisory committee; adjusting marriage dissolution fees to fund parenting time centers; appropriating money; amending Minnesota Statutes 2005 Supplement, sections 357.021, subdivisions 1a, 2; 517.08, subdivision 1c; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3241, A bill for an act relating to legislative procedure; prohibiting final passage of a bill or conference report on the day it is received by a body, with certain exceptions; proposing coding for new law in Minnesota Statutes, chapter 3.

 

Reported the same back with the following amendments:

 

Page 1, lines 13 to 14, delete ", or by an executive order of the governor that refers to the specific senate file number or house file number"

 

Page 1, delete lines 20 to 22

 

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

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5788

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

 

H. F. No. 3248, A bill for an act relating to military; permitting military personnel stationed outside Minnesota to enter state parks without a fee while home on leave; amending Minnesota Statutes 2004, section 85.053, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3249, A bill for an act relating to veterans; natural resources; granting lifetime state park entrance permits to certain veterans of the global war on terror; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 85; 197.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [97A.467] VETERANS LIFETIME ELIGIBILITY. 

 

(a) In accordance with section 197.791, the commissioner must issue without fee the annual hunting and fishing licenses and state park permits to persons certified by the commissioner of veterans affairs as being eligible veterans.

 

(b) An eligible veteran is not exempted from any applicable laws and rules governing hunting and fishing licenses and state park permits, other than being exempted from all fees for such licenses and permits.

 

EFFECTIVE DATE.  This section is effective July 1, 2006, and applies to hunting and fishing licenses and state park permits issued on or after January 1, 2007.

 

Sec. 2.  [197.791] VETERANS REVITALIZATION OUTDOOR ACT. 

 

Subdivision 1.  Short title.  This section may be cited as the Veterans Revitalization Outdoor Act of 2006.

 

Subd. 2.  Purpose.  The state of Minnesota recognizes the sacrifices of Minnesota residents who, as members of the United States armed forces, have served honorably for an extended period of time directly in harm's way in the global war on terror, and recognize that such veterans need and deserve the restorative health and wellness benefits that result from the free and ongoing enjoyment of Minnesota's natural resources.  The purpose of this act is to provide such outdoor recreational benefits to those veterans.

 

Subd. 3.  Definitions.  (a) For purposes of this section, the following terms have the meanings assigned them.

 

(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise explicitly designated.

 

(c) "Veteran" has the meaning assigned in section 197.447.

 

(d) "Eligible veteran" means a veteran:


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(1) who was a Minnesota resident at the time of initial entry into the United States armed forces, as indicated by the person's military records;

 

(2) who, during the program eligibility period, is serving honorably in the United States armed forces or has served honorably and been honorably separated or discharged from the United States armed forces; 

 

(3) who is eligible for or has been awarded the qualifying military medal, as indicated by the person's Department of Defense form DD-214 or other discharge paper or by a valid written statement from the person's current or former commanding officer; and

 

(4) whose combat service period meets any of the qualifying levels specified in subdivision 5.

 

(e) "Program eligibility period" means the time period commencing on September 11, 2001, and terminating on a future date to be announced by the commissioner.

 

(f) "Qualifying military medal" means:

 

(1) the Iraq Campaign Medal;

 

(2) the Afghanistan Campaign Medal; or

 

(3) the Global War on Terror Expeditionary Medal for the same type of service as would qualify for either of those campaign medals.

 

(g) "Combat service period" means the cumulative number of days that the person has spent on the land area of the nations of Iraq and Afghanistan or in the airspace above those countries during the program eligibility period, while providing honorable service in the United States armed forces.

 

(h) "Eligibility certificate" means a certificate issued by the commissioner under subdivision 4, paragraph (c).

 

Subd. 4.  Determination of eligibility; certificate.  (a) The commissioner shall determine each applicant's eligibility for the benefits under this section, including the person's qualifying level, by reference to any of the following documents as may suffice in the judgment of the commissioner: the person's Department of Defense form DD-214 discharge papers, annual fitness reports, valid written statement or statements from the person's current or former commanding officer or officers, and any other information that the commissioner may require to make a valid determination of the person's eligibility under this section.

 

(b) A veteran may reapply for certification if the veteran has acquired more qualifying service or has collected more information about the person's existing service.

 

(c) Upon determining an applicant's eligibility and qualifying benefit level, the commissioner shall issue to each eligible veteran a certificate, in the size of the official Minnesota driver's license, stating the person's name, current address, eligibility status, qualifying benefit level, and any other information deemed necessary by the commissioner to adequately control against fraud.

 

(d) The commissioner shall electronically certify each applicant's eligibility and qualifying benefit level to the commissioner of natural resources in a timely manner and in an ongoing basis.

 

(e) Data collected under this section is classified as public data on individuals in accordance with section 13.02, subdivision 15.


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Subd. 5.  Combat service period; qualifying levels.  An eligible veteran's qualifying benefit level is as follows:

 

(1) level 1, if the person's combat service period is at least 180 days but no more than 270 days or, for a person who had been ordered to serve at least 180 days in Iraq or Afghanistan, if the person had been medically evacuated from the country prior to completion of that service;

 

(2) level 2, if the person's combat service period is more than 270 days, but no more than 540 days; and

 

(3) level 3, if the person's combat service period is more than 540 days or the person has been injured or wounded in action during hostilities in Iraq or Afghanistan, as indicated by the person's receipt of the Purple Heart Medal, and has been medically evacuated from the country as a result of that wounding.

 

Subd. 6.  Benefit options; entitlement.  (a) The benefit options from which an eligible veteran is entitled to choose include:

 

(1) an annual state park permit, as defined in section 85.053;

 

(2) an annual resident small game hunting license, as authorized in chapter 97A;

 

(3) a resident firearms deer hunting license, as authorized in chapter 97A;

 

(4) a resident archery deer hunting license, as authorized in chapter 97A; and

 

(5) an annual resident angling license, as authorized in chapter 97A.

 

(b) Notwithstanding any other provision of chapter 85, 86B, or 97A, upon proper application, a person who has been certified by the commissioner as being an eligible veteran is entitled to one or more of the benefit options specified in paragraph (a), as follows:

 

(1) one option if the person's qualifying level equals one;

 

(2) two options if the person's qualifying level equals two; and

 

(3) three options if the person's qualifying level equals three.

 

(c) The entitlement under this section is for the eligible veteran's lifetime.

 

(d) Each year, an eligible veteran may request one or more of the benefit options listed in paragraph (a), up to the person's qualifying level limit in paragraph (b).  Within those limitations, there is no restriction regarding which benefit option or options the person may select in any given year.  An eligible veteran does not lose eligibility by declining in any year or in any number of years to select any or all benefit options to which the person is entitled.  An eligible veteran who declines to select one or more benefit options in one year may not compensate in any subsequent year by selecting more benefit options than the person is entitled to based on the person's qualifying benefit level.  An eligible veteran is not entitled to exchange any benefit option for any other benefit option during any year.  An eligible veteran may not transfer any benefit option to another person at any time.

 

(e) A person who has been certified by the commissioner as being an eligible veteran may apply for the benefits under this section in a manner as determined by the commissioner of natural resources under the authority provided in section 97A.467.  Separate application is required for each license or permit requested if the person is entitled to more than one.

 

(f) The commissioner shall notify applicants that fraudulent application or violation of laws or rules regulating hunting, fishing, and park privileges may result in the permanent withdrawal of the eligibility certificate.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5791

EFFECTIVE DATE.  This section is effective July 1, 2006, and applies to licenses and permits issued on or after January 1, 2007.

 

Sec. 3.  APPROPRIATION. 

 

$........ is appropriated from the general fund for fiscal year 2007 and is available until expended, as follows:

 

(1) $....... to the commissioner of natural resources for the cost of the licenses and permits issued under section 1; and

 

(2) $....... to the commissioner of veterans affairs for implementing the program in section 2.

 

EFFECTIVE DATE.  This section is effective July 1, 2006."

 

Delete the title and insert:

 

"A bill for an act relating to veterans; natural resources; providing certain free hunting and fishing licenses and state park permits to eligible veterans of the current war on terrorism; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 97A; 197."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3262, A bill for an act relating to legislative procedure; increasing the time a conference committee report must be on members' desks before it is voted on; proposing coding for new law in Minnesota Statutes, chapter 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [3.357] CONFERENCE COMMITTEE REPORTS AVAILABLE. 

 

A copy of a report of a conference committee must be made available to each member of a house at least 24 hours before action on the report by that house."

 

Delete the title and insert:

 

"A bill for an act relating to legislative procedure; increasing the time a conference committee report must be available before it is voted on; proposing coding for new law in Minnesota Statutes, chapter 3."

 

 

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

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5792

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3308, A bill for an act relating to public safety; encouraging legal immigration; establishing a human trafficking task force; increasing penalties for trafficking crimes; increasing penalties for unlawful acts relating to drivers' licenses; creating the crime of fraudulent identification cards; establishing a Minnesota illegal immigration enforcement team to implement an illegal immigration strategy; requiring law enforcement to collect citizenship and immigration status data; requiring the Bureau of Criminal Apprehension to maintain a citizenship and immigration data field in the bureau's criminal history database; requiring the Bureau of Criminal Apprehension superintendent to periodically supply the Minnesota illegal immigration enforcement team with statistics on crimes committed by individuals with illegal alien status; providing tax credits for immigrants seeking citizenship; codifying the administration rule regarding drivers' licenses for temporary visitors requiring status checks; providing fines against Minnesota employers who violate federal immigration law governing hiring of employees; providing that tribal identification cards shall be an equivalent form of identification; requiring the commissioner of public safety to integrate biometric facial recognition technology with the Minnesota driver's license and identification card systems; providing criminal penalties for concealing the commission of crimes by use of encryption, gaining unauthorized access through a computer to financial personal data, and facilitating access to computer security systems for purposes of aiding another to commit a crime; prohibiting local governments from enacting sanctuary laws; appropriating money; amending Minnesota Statutes 2004, sections 171.01, by adding a subdivision; 171.07, subdivisions 1a, 9, 10; 171.22, subdivision 2; 299C.10, by adding a subdivision; 609.527, by adding a subdivision; 609.652, subdivisions 1, 3; 609.87, subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3; Minnesota Statutes 2005 Supplement, sections 171.07, subdivisions 1, 3; 299A.78, subdivisions 1, 2, 3; 299C.10, subdivision 1; 299C.11, subdivision 1; 609.282; 609.283; 609.527, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 171; 181; 290; 299A; 299C; 609.

 

Reported the same back with the following amendments:

 

Pages 11 to 14, delete article 4

 

Page 23, line 6, delete "not greater than $5,000"

 

Page 23, line 7, delete everything after "has"

 

Page 23, line 8, delete everything before the first "in" and insert "been found to have knowingly hired an illegal immigrant for employment"

 

Page 23, line 12, after the period, insert "The penalty under this section is as follows:"

 

Page 23, after line 12, insert:

 

"(1) for a first occurrence, $250 to $2,000;

 

(2) for a second occurrence, $2,000 to $3,000; and

 

(3) for a third or subsequent occurrence, $3,000 to $5,000."

 

Page 23, line 13, delete everything after "to"

 

Page 23, line 14, delete everything before "pursuant" and insert "cases in which an employer has been found to have knowingly hired an illegal immigrant for employment in Minnesota"


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Page 24, line 2, delete "4" and insert "3" and delete "7" and insert "6"

 

Renumber the articles in sequence

 

Amend the title as follows:

 

Page 1, line 14, delete "fines against Minnesota employers" and insert "a fine against a Minnesota employer found to have knowingly hired an illegal immigrant for employment;"

 

Page 1, line 15, delete everything before "providing"

 

Page 1, delete lines 17 to 18

 

Page 1, line 19, delete everything before "providing"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Policy and Finance without further recommendation.

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3357, A bill for an act relating to public safety; requiring an arrestee to request destruction of a biological specimen upon acquittal of a felony; amending Minnesota Statutes 2005 Supplement, section 299C.105, subdivision 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3366, A bill for an act relating to agriculture; providing for a study and report on public and private funding of a milk volume production loan program.

 

Reported the same back with the following amendments:

 

Page 1, line 20, after the period, insert "The report must include recommendations on the following items:

 

(1) estimated program administration costs;

 

(2) the terms of a milk volume production loan, including but not limited to amortization options and the rate of interest required only to cover program administration costs;


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5794

(3) producer loan eligibility criteria; and

 

(4) the amount of annual private contributions and public matching funds needed to establish a sustainable and effective revolving loan program for milk volume production loans."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3369, A bill for an act relating to elections; providing for consistency in polling place locations; amending Minnesota Statutes 2004, section 204B.16, subdivision 3; Minnesota Statutes 2005 Supplement, section 204B.16, subdivision 1.

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3370, A bill for an act relating to elections; modifying the Minnesota Voter's Bill of Rights; amending Minnesota Statutes 2005 Supplement, section 204C.08, subdivision 1a.

 

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

 

      The report was adopted.

 

 

Olson from the Committee on Local Government to which was referred:

 

H. F. No. 3391, A bill for an act relating to state agencies; establishing timelines for agency action on building and environmental permits; amending Minnesota Statutes 2004, section 15.99.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2004, section 15.99, is amended to read:

 

15.99 TIME DEADLINE FOR AGENCY ACTION. 

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms shall have the meanings given.

 

(b) "Agency" means a department, agency, board, commission, or other group in the executive branch of state government; a statutory or home rule charter city, county, town, or school district; any metropolitan agency or regional entity; and any other political subdivision of the state.


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(c) "Request" means a written application related to zoning, septic systems, watershed district review, soil and water conservation district review, or the expansion of the metropolitan urban service area, for a permit, license, or other governmental approval of an action.  A request must be submitted in writing to the agency on an application form provided by the agency, if one exists.  The agency may reject as incomplete a request not on a form of the agency if the request does not include information required by the agency.  A request not on a form of the agency must clearly identify on the first page the specific permit, license, or other governmental approval being sought.  No request shall be deemed made if not in compliance with this paragraph.

 

(d) "Applicant" means a person submitting a request under this section.  An applicant may designate a person to act on the applicant's behalf regarding a request under this section and any action taken by or notice given to the applicant's designee related to the request shall be deemed taken by or given to the applicant.

 

Subd. 2.  Deadline for response.  (a) Except as otherwise provided in this section, section 462.358, subdivision 3b, or chapter 505, and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action.  Failure of an agency to deny a request within 60 days is approval of the request.  If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request.

 

(b) When a vote on a resolution or properly made motion to approve a request fails for any reason, the failure shall constitute a denial of the request provided that those voting against the motion state on the record the reasons why they oppose the request.  A denial of a request because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar request.

 

(c) Except as provided in paragraph (b), if an agency, other than a multimember governing body, denies the request, it must state in writing the reasons for the denial at the time that it denies the request.  If a multimember governing body denies a request, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial.  If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section.  The written statement must be consistent with the reasons stated in the record at the time of the denial.  The written statement must be provided to the applicant upon adoption.

 

Subd. 3.  Application; extensions.  (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance, or policy of the agency, including the applicable application fee.  If an agency receives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends written notice within 15 business days of receipt of the request telling the requester what information is missing.

 

(b) If a request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area requires the approval of more than one state agency in the executive branch, the 60-day period in subdivision 2 begins to run for all executive branch agencies on the day a request containing all required information is received by one state agency.  The agency receiving the request must forward copies to other state agencies whose approval is required.

 

(c) An agency response meets the 60-day time limit if the agency can document that the response was sent within 60 days of receipt of the written request.

 

(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court order requires a process to occur before the agency acts on the request, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the request within 60 days.  In cases described in this paragraph, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order.  Final approval of an agency receiving a request is not considered a process for purposes of this paragraph.


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(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency requires prior approval of a federal agency; or (2) an application submitted to a city, county, town, school district, metropolitan or regional entity, or other political subdivision requires prior approval of a state or federal agency.  In cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted.

 

(f) An agency may extend the time limit in subdivision 2 before the end of the initial 60-day period by providing written notice of the extension to the applicant.  The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant.

 

(g) An applicant may by written notice to the agency request an extension of the time limit under this section."

 

Amend the title as follows:

 

Page 1, line 2, delete "building" and insert "certain"

 

Page 1, line 3, delete "and"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3392, A bill for an act relating to state government; establishing provisions for rental rates in state-owned historic buildings; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [16B.242] RENT FOR HISTORIC BUILDINGS. 

 

Subdivision 1.  Inventory.  The commissioner of administration must maintain an inventory of state-owned buildings that the commissioner determines have historic significance.  A state-owned building must be included on this inventory if the building is listed on the National Register of Historic Places, is determined eligible for listing on the National Register, is designated by a municipal heritage preservation commission, or if the commissioner otherwise determines that the building has historic or architectural significance.

 

Subd. 2.  Rent on historic buildings.  Notwithstanding any law to the contrary, appropriations made after the effective date of this section for renovation of historic buildings in the Capitol Area must not be recovered through rent charged to tenants of the building.  For purposes of this subdivision, a "historic building" is a building on the inventory maintained under subdivision 1 and "Capitol Area" has the meaning defined in section 15B.02.

 

Sec. 2.  EFFECTIVE DATE. 

 

Section 1 is effective the day following final enactment."


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Delete the title and insert:

 

"A bill for an act relating to state government; requiring an inventory of historical state-owned buildings; prohibiting recovery of appropriations for certain historical renovations through rent charged to tenants; proposing coding for new law in Minnesota Statutes, chapter 16B."

 

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3413, A bill for an act relating to public safety; providing for appeal of state fire marshal decision to suspend, revoke, or refuse fireworks operator permit; amending Minnesota Statutes 2004, section 624.22, subdivision 8.

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3415, A bill for an act relating to crime victims; requiring victim of criminal sexual conduct notification when the prosecutor declines prosecution or dismisses charges; amending Minnesota Statutes 2004, section 611A.0315.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3416, A bill for an act relating to state government; modifying provisions governing per diem for members of state boards and advisory groups; amending Minnesota Statutes 2004, sections 15.0575, subdivision 3; 15.059, subdivision 3.

 

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

 

      The report was adopted.


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

 

H. F. No. 3434, A bill for an act relating to health; modifying provisions for health occupations and professionals; clarifying a definition for hearing instrument dispensing; granting the commissioner authority to contract with the health professionals services program to access diversion and monitoring services; amending Minnesota Statutes 2004, sections 148.515, subdivision 2; 148.5175; 148.518; 148.5193, subdivision 1; 148.5195, by adding a subdivision; 148.6440, subdivision 7; 148.6443, subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 153A.13, subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2004, section 148.515, subdivision 2, is amended to read:

 

Subd. 2.  Master's or doctoral degree required.  (a) An applicant must possess a master's or doctoral degree that meets the requirements of paragraph (b).  If completing a doctoral program in which a master's degree has not been conferred, an applicant must submit a transcript showing completion of course work equivalent to, or exceeding, a master's degree that meets the requirement of paragraph (b).

 

(b) All of the applicant's graduate coursework and clinical practicum required in the professional area for which licensure is sought must have been initiated and completed at an institution whose program meets the current requirements and was accredited by the Educational Standards Board of the Council on Academic Accreditation in Audiology and Speech-Language Pathology, a body recognized by the United States Department of Education, or an equivalent as determined by the commissioner, in the area for which licensure is sought.

 

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

 

Sec. 2.  Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6, is amended to read:

 

Subd. 6.  Dispensing audiologist examination requirements.  (a) Audiologists are exempt from the written examination requirement in section 153A.14, subdivision 2h, paragraph (a), clause (1).

 

(b) After July 31, 2005, all applicants for audiologist licensure under sections 148.512 to 148.5198 must achieve a passing score on the practical tests of proficiency described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described in section 153A.14, subdivision 2h, paragraph (c).

 

(c) In order to dispense hearing aids as a sole proprietor, member of a partnership, or for a limited liability company, corporation, or any other entity organized for profit, a licensee who obtained audiologist licensure under sections 148.512 to 148.5198, before August 1, 2005, and who is not certified to dispense hearing aids under chapter 153A, must achieve a passing score on the practical tests of proficiency described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described in section 153A.14, subdivision 2h, paragraph (c).  All other audiologist licensees who obtained licensure before August 1, 2005, are exempt from the practical tests.

 

(d) An applicant for an audiology license who obtains a temporary license under section 148.5175 may dispense hearing aids only under supervision of a licensed audiologist who dispenses hearing aids.

 

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


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Sec. 3.  Minnesota Statutes 2004, section 148.5175, is amended to read:

 

148.5175 TEMPORARY LICENSURE. 

 

(a) The commissioner shall issue temporary licensure as a speech-language pathologist, an audiologist, or both, to an applicant who has applied for licensure under section 148.515, 148.516, 148.517, or 148.518 and who:

 

(1) submits a signed and dated affidavit stating that the applicant is not the subject of a disciplinary action or past disciplinary action in this or another jurisdiction and is not disqualified on the basis of section 148.5195, subdivision 3; and

 

(2) either:

 

(i) provides a copy of a current credential as a speech-language pathologist, an audiologist, or both, held in the District of Columbia or a state or territory of the United States; or

 

(ii) provides a copy of a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or board certification in audiology by the American Board of Audiology.

 

(b) A temporary license issued to a person under this subdivision expires 90 days after it is issued or on the date the commissioner grants or denies licensure, whichever occurs first.

 

(c) Upon application, a temporary license shall be renewed once to a person who is able to demonstrate good cause for failure to meet the requirements for licensure within the initial temporary licensure period and who is not the subject of a disciplinary action or disqualified on the basis of section 148.5195, subdivision 3.

 

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

 

Sec. 4.  Minnesota Statutes 2004, section 148.518, is amended to read:

 

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS. 

 

For an applicant whose licensure status has lapsed, the applicant must:

 

(1) apply for licensure renewal according to section 148.5191 and document compliance with the continuing education requirements of section 148.5193 since the applicant's license lapsed;

 

(2) fulfill the requirements of section 148.517;

 

(3) apply for renewal according to section 148.5191, provide evidence to the commissioner that the applicant holds a current and unrestricted credential for the practice of speech-language pathology from the Minnesota Board of Teaching or for the practice of speech-language pathology or audiology in another jurisdiction that has requirements equivalent to or higher than those in effect for Minnesota, and provide evidence of compliance with Minnesota Board of Teaching or that jurisdiction's continuing education requirements; or

 

(4) apply for renewal according to section 148.5191 and submit verified documentation of successful completion of 160 hours of supervised practice approved by the commissioner.  To participate in a supervised practice, the applicant shall first apply and obtain temporary licensing according to section 148.5161.; or


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(5) apply for renewal according to section 148.5191 and provide documentation of obtaining a qualifying score on the examination described in section 148.515, subdivision 4, within one year of the application date for license renewal.

 

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

 

Sec. 5.  Minnesota Statutes 2004, section 148.5193, subdivision 1, is amended to read:

 

Subdivision 1.  Number of contact hours required.  (a) An applicant for licensure renewal must meet the requirements for continuing education stipulated by the American Speech-Language-Hearing Association or the American Board of Audiology, or satisfy the requirements described in paragraphs (b) to (e).

 

(b) Within one month following expiration of a license, an applicant for licensure renewal as either a speech-language pathologist or an audiologist must provide evidence to the commissioner of a minimum of 30 contact hours of continuing education obtained within the two years immediately preceding licensure expiration.  A minimum of 20 contact hours of continuing education must be directly related to the licensee's area of licensure.  Ten contact hours of continuing education may be in areas generally related to the licensee's area of licensure.  Licensees who are issued licenses for a period of less than two years shall prorate the number of contact hours required for licensure renewal based on the number of months licensed during the biennial licensure period.  Licensees shall receive contact hours for continuing education activities only for the biennial licensure period in which the continuing education activity was performed.

 

(c) An applicant for licensure renewal as both a speech-language pathologist and an audiologist must attest to and document completion of a minimum of 36 contact hours of continuing education offered by a continuing education sponsor within the two years immediately preceding licensure renewal.  A minimum of 15 contact hours must be received in the area of speech-language pathology and a minimum of 15 contact hours must be received in the area of audiology.  Six contact hours of continuing education may be in areas generally related to the licensee's areas of licensure.  Licensees who are issued licenses for a period of less than two years shall prorate the number of contact hours required for licensure renewal based on the number of months licensed during the biennial licensure period.  Licensees shall receive contact hours for continuing education activities only for the biennial licensure period in which the continuing education activity was performed.

 

(d) If the licensee is licensed by the Board of Teaching:

 

(1) activities that are approved in the categories of Minnesota Rules, part 8700.1000 8710.7200, subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:

 

(i) offered by a sponsor of continuing education; and

 

(ii) directly related to speech-language pathology;

 

(2) activities that are approved in the categories of Minnesota Rules, part 8700.1000 8710.7200, subpart 3, shall be considered:

 

(i) offered by a sponsor of continuing education; and

 

(ii) generally related to speech-language pathology; and

 

(3) one clock hour as defined in Minnesota Rules, part 8700.1000 8710.7200, subpart 1, is equivalent to 1.0 contact hours of continuing education.


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(e) Contact hours may not be accumulated in advance and transferred to a future continuing education period.

 

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

 

Sec. 6.  Minnesota Statutes 2004, section 148.5195, is amended by adding a subdivision to read:

 

Subd. 7.  Authority to contract.  The commissioner shall contract with the health professionals services program as authorized by sections 214.31 to 214.37 to provide these services to practitioners under this chapter.  The health professionals services program does not affect the commissioner's authority to discipline violations of sections 148.511 to 148.5198.

 

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

 

Sec. 7.  Minnesota Statutes 2004, section 148.6440, subdivision 7, is amended to read:

 

Subd. 7.  Approval.  (a) The advisory council shall appoint a committee to review documentation under subdivisions 2 to 6 to determine if established educational and clinical requirements are met.  If, after review of course documentation, the committee verifies that a specific course meets the theoretical and clinical requirements in subdivisions 2 to 6, the commissioner may approve practitioner applications that include the required course documentation evidencing completion of the same course.

 

(b) Occupational therapists shall be advised of the status of their request for approval within 30 days.  Occupational therapists must provide any additional information requested by the committee that is necessary to make a determination regarding approval or denial.

 

(c) A determination regarding a request for approval of training under this subdivision shall be made in writing to the occupational therapist.  If denied, the reason for denial shall be provided.

 

(d) A licensee who was approved by the commissioner as a level two provider prior to July 1, 1999, shall remain on the roster maintained by the commissioner in accordance with subdivision 1, paragraph (c).

 

(e) To remain on the roster maintained by the commissioner, a licensee who was approved by the commissioner as a level one provider prior to July 1, 1999, must submit to the commissioner documentation of training and experience gained using physical agent modalities since the licensee's approval as a level one provider.  The committee appointed under paragraph (a) shall review the documentation and make a recommendation to the commissioner regarding approval.

 

(f) An occupational therapist who received training in the use of physical agent modalities prior to July 1, 1999, but who has not been placed on the roster of approved providers may submit to the commissioner documentation of training and experience gained using physical agent modalities.  The committee appointed under paragraph (a) shall review documentation and make a recommendation to the commissioner regarding approval.

 

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

 

Sec. 8.  Minnesota Statutes 2004, section 148.6443, subdivision 2, is amended to read:

 

Subd. 2.  Standards for determining qualified continuing education activities.  Except as provided in subdivision 3, paragraph (f), in order to qualify as a continuing education activity, the activity must:

 

(1) constitute an organized program of learning;


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(2) reasonably be expected to advance the knowledge and skills of the occupational therapy practitioner;

 

(3) pertain to subjects that directly relate to the practice of occupational therapy;

 

(4) be conducted by a sponsor approved by the American Occupational Therapy Association or by individuals who have education, training, and experience by reason of which the individuals should be considered experts on the subject matter of the activity; and

 

(5) be presented by a sponsor who has a mechanism to verify participation and maintains attendance records for three years.

 

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

 

Sec. 9.  Minnesota Statutes 2004, section 148.6443, subdivision 3, is amended to read:

 

Subd. 3.  Activities qualifying for continuing education contact hours.  (a) The activities in this subdivision qualify for continuing education contact hours if they meet all other requirements of this section.

 

(b) A minimum of one-half of the required contact hours must be directly related to the occupational therapy practice.  The remaining contact hours may be related to occupational therapy practice, the delivery of occupational therapy services, or to the practitioner's current professional role.

 

(c) A licensee may obtain an unlimited number of contact hours in any two-year continuing education period through participation in the following:

 

(1) attendance at educational programs of annual conferences, lectures, panel discussions, workshops, in-service training, seminars, and symposiums;

 

(2) successful completion of college or university courses.  The licensee must obtain a grade of at least a "C" or a pass in a pass or fail course in order to receive the following continuing education credits:

 

(i) one semester credit equals 14 contact hours;

 

(ii) one trimester credit equals 12 contact hours; and

 

(iii) one quarter credit equals ten contact hours; and

 

(3) successful completion of home study courses that require the participant to demonstrate the participant's knowledge following completion of the course.

 

(c) (d)  A licensee may obtain a maximum of six contact hours in any two-year continuing education period for:

 

(1) teaching continuing education courses that meet the requirements of this section.  A licensee is entitled to earn a maximum of two contact hours as preparation time for each contact hour of presentation time.  Contact hours may be claimed only once for teaching the same course in any two-year continuing education period.  A course schedule or brochure must be maintained for audit.;

 

(2) supervising occupational therapist or occupational therapy assistant students.  A licensee may earn one contact hour for every eight hours of student supervision.  Licensees must maintain a log indicating the name of each student supervised and the hours each student was supervised.  Contact hours obtained by student supervision must be obtained by supervising students from an occupational therapy education program accredited by the Accreditation Council for Occupational Therapy Education;


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(3) teaching or participating in courses related to leisure activities, recreational activities, or hobbies if the practitioner uses these interventions within the practitioner's current practice or employment; and

 

(4) engaging in research activities or outcome studies that are associated with grants, postgraduate studies, or publications in professional journals or books.

 

(d) (e)  A licensee may obtain a maximum of two contact hours in any two-year continuing education period for continuing education activities in the following areas:

 

(1) business-related topics: marketing, time management, administration, risk management, government regulations, techniques for training professionals, computer skills, payment systems, including covered services, coding, documentation, billing, and similar topics;

 

(2) personal skill topics: career burnout, communication skills, human relations, and similar topics; and

 

(3) training that is obtained in conjunction with a licensee's employment, occurs during a licensee's normal workday, and does not include subject matter specific to the fundamentals of occupational therapy.

 

(e) An occupational therapy practitioner that utilizes leisure activities, recreational activities, or hobbies as part of occupational therapy services in the practitioner's current work setting may obtain a maximum of six contact hours in any two-year continuing education period for participation in courses teaching these activities.

 

(f) A licensee may obtain a maximum of six contact hours in any two-year continuing education period for supervision of occupational therapist or occupational therapy assistant students.  A licensee may earn one contact hour for every eight hours of student supervision.  Licensees must maintain a log indicating the name of each student supervised and the hours each student was supervised.  Contact hours obtained by student supervision must be obtained by supervising students from an occupational therapy education program accredited by the Accreditation Council for Occupational Therapy Education.

 

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

 

Sec. 10.  Minnesota Statutes 2004, section 148.6443, subdivision 4, is amended to read:

 

Subd. 4.  Activities not qualifying for continuing education contact hours.  No credit shall be granted for the following activities: hospital rounds, entertainment or recreational activities, employment orientation sessions, holding an office or serving as an organizational delegate, meetings for the purpose of making policy, and noneducational association meetings, training related to payment systems, including covered services, coding, and billing.

 

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

 

Sec. 11.  Minnesota Statutes 2004, section 148.6448, is amended by adding a subdivision to read:

 

Subd. 6.  Authority to contract.  The commissioner shall contract with the health professionals services program as authorized by sections 214.31 to 214.37 to provide these services to practitioners under this chapter.  The health professionals services program does not affect the commissioner's authority to discipline violations of sections 148.6401 to 148.6450.

 

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


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5804

Sec. 12.  Minnesota Statutes 2004, section 153A.13, subdivision 4, is amended to read:

 

Subd. 4.  Hearing instrument dispensing.  "Hearing instrument dispensing" means making ear mold impressions, prescribing, or recommending a hearing instrument, assisting the consumer in instrument selection, selling hearing instruments at retail, or testing human hearing in connection with these activities when regardless of whether the person conducting these activities has a monetary interest in the sale of hearing instruments to the consumer.

 

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

 

Sec. 13.  Minnesota Statutes 2005 Supplement, section 153A.14, subdivision 4c, is amended to read:

 

Subd. 4c.  Reciprocity.  (a) A person applying for certification as a hearing instrument dispenser under subdivision 1 who has dispensed hearing instruments in another jurisdiction may dispense hearing instruments as a trainee under indirect supervision if the person:

 

(1) satisfies the provisions of subdivision 4a, paragraph (a);

 

(2) submits a signed and dated affidavit stating that the applicant is not the subject of a disciplinary action or past disciplinary action in this or another jurisdiction and is not disqualified on the basis of section 153A.15, subdivision 1; and

 

(3) provides a copy of a current credential as a hearing instrument dispenser held in the District of Columbia or a state or territory of the United States.

 

(b) A person becoming a trainee under this subdivision who fails to take and pass the practical examination described in subdivision 2h, paragraph (a), clause (2), when next offered must cease dispensing hearing instruments unless under direct supervision.

 

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

 

Sec. 14.  Minnesota Statutes 2004, section 153A.15, is amended by adding a subdivision to read:

 

Subd. 5.  Authority to contract.  The commissioner shall contract with the health professionals services program as authorized by sections 214.31 to 214.37 to provide these services to practitioners under this chapter.  The health professionals services program does not affect the commissioner's authority to discipline violations of chapter 153A.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to health; modifying provisions for health occupations and professionals; clarifying a definition for hearing instrument dispensing; granting the commissioner authority to contract with the health professionals services program to access diversion and monitoring services; amending Minnesota Statutes 2004, sections 148.515, subdivision 2; 148.5175; 148.518; 148.5193, subdivision 1; 148.5195, by adding a subdivision; 148.6440, subdivision 7; 148.6443, subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 153A.13, subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 148.515, subdivision 6; 153A.14, subdivision 4c."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5805

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

 

H. F. No. 3439, A bill for an act relating to health; providing for transfer of authority for the lead abatement program; amending Minnesota Statutes 2004, section 144.9501, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, 10; Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, 8.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3442, A bill for an act relating to agriculture; repealing regulation of beekeeping; amending Minnesota Statutes 2004, section 28A.15, subdivision 4; repealing Minnesota Statutes 2004, sections 19.50; 19.51; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58; 19.59; 19.61; 19.63; 19.65; Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, after line 16, insert:

 

"Sec. 3.  EFFECTIVE DATE. 

 

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

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3475, A bill for an act relating to elections; prohibiting deceptive practices regarding the time, place, or manner of conducting an election; providing a criminal penalty; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 204C.

 

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

 

      The report was adopted.

 

 

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

 

H. F. No. 3561, A bill for an act relating to biotechnology zones; authorizing the designation of additional biotechnology and health sciences industry zones; amending Minnesota Statutes 2004, section 469.334, subdivisions 1, 4.

 

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

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5806

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3635, A bill for an act relating to state government; regulating the Campaign Finance and Public Disclosure Board; modifying membership requirements and staffing authority; appropriating money; amending Minnesota Statutes 2004, section 10A.02, subdivisions 1, 5.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 2, delete section 3

 

Renumber the sections in sequence

 

Delete the title and insert:

 

"A bill for an act relating to state government; modifying staffing authority of the Campaign Finance and Public Disclosure Board; amending Minnesota Statutes 2004, section 10A.02, subdivision 5."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3640, A bill for an act relating to legislative organization; proposing a constitutional amendment to prohibit control of the legislative decision-making process by subgroups; requiring distribution of legislative powers; full house participation in final decisions; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3697, A bill for an act relating to appropriations; appropriating and transferring money and supplementing or reducing appropriations for various health and human services programs or activities; establishing, regulating, or modifying certain health and human services programs or activities; requiring studies and reports; amending Minnesota Statutes 2005 Supplement, section 16A.724, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5807

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3716, A bill for an act relating to elections; providing that the secretary of state shall distribute application for ballots to be cast pursuant to sections 203B.15 to 203B.31 in conformity with the Uniformed and Overseas Citizens Voter Act; appropriating money; amending Minnesota Statutes 2004, sections 203B.17; 203B.18; 203B.19.

 

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.

 

 

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

 

H. F. No. 3762, A bill for an act relating to state government; requiring the Legislative Coordinating Commission to oversee legislative training forums; appropriating money for 2007 legislative forums; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3763, A bill for an act relating to state government; limiting the contents of budget bills; specifying conference committee procedures; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3791, A bill for an act relating to state government; establishing a schedule for consideration of legislation; appropriating money for expenses of a governor-elect and 2007 legislative forums; proposing coding for new law in Minnesota Statutes, chapters 3; 4.

 

Reported the same back with the following amendments:

 

Page 2, lines 2 to 3, delete "one week" and insert "ten days"

 

Amend the title as follows:

 

Page 1, line 3, delete "and 2007"

 

Page 1, line 4, delete everything before the semicolon


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

 

      The report was adopted.

 

 

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3833, A bill for an act relating to elections; modifying the postelection review process; proposing coding for new law in Minnesota Statutes, chapter 206; repealing Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, 6; Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1, 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2004, section 204B.40, is amended to read:

 

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; DISPOSITION; INSPECTION OF BALLOTS. 

 

The county auditors, municipal clerks, and school district clerks shall retain all election materials returned to them after any election for at least 22 months from the date of that election.  All election materials involved in a contested election must be retained for 22 months or until the contest has been finally determined, whichever is later.  Abstracts filed by canvassing boards shall be retained permanently by any officer with whom those abstracts are filed.  Election materials no longer required to be retained pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.  Sealed envelopes containing voted ballots must be retained unopened, except as provided in this section, in a secure location.  The county auditor, municipal clerk, or school district clerk shall not permit any voted ballots to be tampered with or defaced.

 

After the time for filing a notice of contest for an election has passed, the secretary of state may, for the purpose of monitoring and evaluating election procedures: (1)  open the sealed ballot envelopes and inspect the ballots for that election maintained by the county auditors, municipal clerks, or school district clerks for the purpose of monitoring and evaluating election procedures.; (2) inspect the polling place rosters and completed voter registration applications; or (3) examine other forms required in the Minnesota election laws for use in the polling place.  No inspected ballot or document may be marked or identified in any manner.  After inspection, all ballots must be returned to the ballot envelope and the ballot envelope must be securely resealed.  Any other election materials inspected or examined must be secured or resealed.  No polling place roster may be inspected until the voting history for that precinct has been posted.  No voter registration application may be inspected until the information on it has been entered into the statewide registration system.

 

Sec. 2.  [206.89] POSTELECTION REVIEW OF VOTING SYSTEMS. 

 

Subdivision 1.  Selection for review; notice.  At the canvass of the state primary, the county canvassing board in each county must set the date, time, and place for the postelection review of the state general election to be held under this section.  The review must be conducted at the location where the voted ballots have been securely stored after the state general election or at another location chosen by the county canvassing board.  The review must be completed no later than two days before the meeting of the state canvassing board to certify the results of the state general election.

 

At the canvass of the state general election, the county canvassing boards must select the precincts to be reviewed.  The county canvassing board of a county with fewer than 50,000 registered voters must select at least two precincts for postelection review.  The county canvassing board of a county with between 50,000 and 100,000


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5809

registered voters must select at least three precincts for review.  The county canvassing board of a county with over 100,000 registered voters must select at least four precincts.  The precincts must be selected by lot at a public meeting.  At least one precinct selected in each county must have had more than 150 votes cast at the general election.

 

Each county auditor must notify the secretary of state of the precincts that have been chosen for review and the time and place the postelection review for that county will be conducted, as soon as the decisions are made.  The secretary of state must post this information on the office Web site.

 

Subd. 2.  Scope and conduct of review.  Postelection review must be conducted of the votes cast for President or governor; United States Senator; and United States Representative.  The recount officials may conduct postelection review of the votes cast for additional offices.

 

The postelection review must be conducted in public.  The recount official for the precincts selected must conduct the postelection review and may be assisted by election judges designated by the recount official for this purpose.  The party balance requirement of section 204B.19 applies to election judges designated for the review.  The postelection review must consist of a manual count of the ballots used in the precincts selected and must be performed in the manner provided by section 204C.21.  The postelection review must be conducted in the manner provided for recounts under section 204C.361 to the extent practicable.

 

Upon completion of the postelection review, the recount official must immediately report the results to the county auditor.  The county auditor must then immediately submit the results of the postelection review electronically or in writing to the secretary of state no later than two days before the State Canvassing Board meets to canvass the state general election.  The secretary of state shall report the results of the preelection review at the meeting of the State Canvassing Board to canvass the state general election.

 

Subd. 3.  Standard of acceptable performance by voting system.  (a) Each comparison of the results compiled by the voting system with the postelection review described in this section must be accurate to within one-half of one percent variation from the manual count of the offices reviewed.  Valid votes that have been marked by the voter outside the vote targets or using a manual marking device that cannot be read by the voting system must not be included in making the determination whether the voting system has met the standard of acceptable performance for any precinct.

 

(b) If the postelection review reveals a difference greater than one-half of one percent, the recount official must, within two days, conduct an additional review of at least three precincts in the same jurisdiction where the discrepancy was discovered.  If all precincts in that jurisdiction have been reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for review.  The recount official must complete the additional review within two days after the precincts are selected and report the results immediately to the county auditor.  If the second review also indicates a difference in the voting totals compiled by the voting system that is greater than one-half of one percent from the result indicated by the postelection review, the county auditor must conduct a review of the ballots from all the remaining precincts in the county.  This review must be completed no later than six weeks after the state general election.

 

(c) If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the recount official must conduct a manual recount of all the ballots in the district for the affected office.  The recount must be completed and the results reported to the appropriate canvassing board no later than ten weeks after the state general election.


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Subd. 4.  Update of vote totals.  If the postelection review under this section results in a change in the number of votes counted for any candidate, the revised vote totals must be incorporated in the official result from those precincts.

 

Subd. 5.  Effect on voting systems.  If a voting system is found to have failed to record votes accurately and in the manner provided by the Minnesota election law, the voting system must not be used at another election until it has been examined and recertified by the secretary of state.  If the voting system failure is attributable to either its design or to actions of the vendor, the vendor must forfeit the vendor bond required by section 206.57 and the performance bond required by section 206.66.

 

Subd. 6.  Costs of review.  The costs of the postelection review required by this section must be allocated as follows:

 

(1) the governing body responsible for each precinct selected for review must pay the costs incurred for the review conducted under subdivision 2 or 3, paragraph (b);

 

(2) the vendor of the voting system must pay any costs incurred by the secretary of state to examine and recertify the voting system; and

 

(3) the secretary of state must reimburse local units of government for the costs of any recount required under subdivision 3, paragraph (c).

 

Subd. 7.  Time for filing election contest.  The time for notice of a contest of election does not begin to run until all reviews under this section have been completed.

 

Sec. 3.  [206.895] SECRETARY OF STATE MONITOR. 

 

The secretary of state must monitor and evaluate election procedures in precincts subject to the audit provided for in section 206.89 in at least four precincts in each congressional district.  The precincts must be chosen by lot by the State Canvassing Board at its meeting to canvass the state general election.

 

Sec. 4.  APPROPRIATION. 

 

$....... is appropriated from the general fund to the secretary of state for the purposes of Minnesota Statutes, section 206.895.

 

Sec. 5.  REPEALER. 

 

Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, and 6, and Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1 and 2, are repealed."

 

Amend the title as follows:

 

Page 1, line 2, before "proposing" insert "appropriating money;"

 

Correct the title numbers

 

 

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

 

      The report was adopted.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5811

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

 

H. F. No. 3848, A bill for an act relating to higher education; authorizing disclosure of certain information to parents; amending Minnesota Statutes 2005 Supplement, section 13.32, subdivision 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3855, A bill for an act relating to veterans; authorizing the placement of a plaque in the Court of Honor on the Capitol grounds honoring Minnesota's recipients of the Congressional Medal of Honor.

 

Reported the same back with the following amendments:

 

Page 1, line 9, after "the" insert "Medal of Honor, the nation's"

 

Page 1, line 10, delete "armed"

 

Page 1, line 11, delete "services of the" and after "United States" insert "armed forces"

 

 

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

 

      The report was adopted.

 

 

Olson from the Committee on Local Government to which was referred:

 

H. F. No. 3887, A bill for an act relating to historic preservation; creating an implementation and steering task force to develop strategies for the restoration of the Victory Memorial Drive Historic District in Hennepin County; requiring reports to the legislature.

 

Reported the same back with the following amendments:

 

Page 2, line 15, delete "20..." and insert "2009."

 

 

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

 

      The report was adopted.


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

 

H. F. No. 3906, A bill for an act relating to government employees; changing the definition of essential employees; amending Minnesota Statutes 2005 Supplement, section 179A.03, subdivision 7.

 

Reported the same back with the following amendments:

 

Page 1, line 13, before "firefighters" insert "Department of Military Affairs,"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

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

 

      House Resolution No. 20, A House resolution proposing a change in the Permanent Rules of the House of Representatives to allow members to choose an alternative payment plan.

 

Reported the same back with the recommendation that the resolution be adopted and be re-referred to the Committee on Rules and Legislative Administration.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2731, 3066, 3110, 3131, 3366, 3369, 3370, 3434, 3439, 3442 and 3906 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Anderson, B.; Gazelka and Simon introduced:

 

      H. F. No. 3995, A bill for an act relating to claims against the state; providing for settlement of various claims; appropriating money.

 

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

 

 

      Emmer introduced:

 

      H. F. No. 3996, A bill for an act relating to public safety; imposing license reinstatement fee and surcharge for certain driving offenses; appropriating money; amending Minnesota Statutes 2004, section 171.29, subdivision 1; Minnesota Statutes 2005 Supplement, sections 171.20, subdivision 4; 171.26, subdivision 1; 171.29, subdivision 2.

 

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


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      Klinzing introduced:

 

      H. F. No. 3997, A bill for an act relating to health; requiring a public awareness campaign on booster car seats for children.

 

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

 

 

      Abeler and Otremba introduced:

 

      H. F. No. 3998, A bill for an act relating to human services; modifying payment rates for nursing homes; amending Minnesota Statutes 2004, section 256B.431, by adding subdivisions.

 

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

 

 

      Erhardt; Larson; Peterson, N.; Tingelstad; Lieder; Hornstein; Hausman; Abeler; Cox and Hortman introduced:

 

      H. F. No. 3999, A bill for an act relating to transportation; adjusting county state-aid highway fund distribution formula; modifying registration taxes for passenger automobiles; increasing motor fuel taxes; authorizing imposition of metropolitan transportation tax for transit purposes; creating a surcharge on motor vehicle purchases; authorizing issuance of state trunk highway bonds; appropriating money; amending Minnesota Statutes 2004, sections 161.04, by adding a subdivision; 162.07, subdivision 1, by adding subdivisions; 168.013, subdivision 1a; 296A.07, subdivision 3; 296A.08, subdivision 2; 297B.02, by adding a subdivision; 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 297A.

 

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

 

 

      Erhardt; Larson; Peterson, N.; Tingelstad; Lieder; Hornstein; Abeler; Cox and Hortman introduced:

 

      H. F. No. 4000, A bill for an act relating to transportation; adjusting county state-aid highway fund distribution formula; modifying registration taxes for passenger automobiles; increasing motor fuel taxes; authorizing imposition of metropolitan transportation tax for transit purposes; authorizing issuance of state trunk highway bonds; appropriating money; amending Minnesota Statutes 2004, sections 161.04, by adding a subdivision; 162.07, subdivision 1, by adding subdivisions; 168.013, subdivision 1a; 296A.07, subdivision 3; 296A.08, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 297A.

 

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

 

 

      Demmer, Bradley, Liebling and Welti introduced:

 

      H. F. No. 4001, A bill for an act relating to education; extending the date by which Independent School District No. 535, Rochester, must certify proposed property tax levy to the county auditor.

 

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


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5814

      Vandeveer and Buesgens introduced:

 

      H. F. No. 4002, A bill for an act relating to property taxes; limiting levies imposed by cities and counties; amending Minnesota Statutes 2004, sections 275.70, subdivision 3; 275.71, subdivisions 2, 4, 5; Minnesota Statutes 2005 Supplement, section 275.70, subdivision 5; repealing Minnesota Statutes 2004, sections 275.71, subdivision 3; 275.74, subdivision 2.

 

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

 

 

      Anderson, B., and Penas introduced:

 

      H. F. No. 4003, A bill for an act relating to education; providing for a teacher licensing alternative.

 

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

 

 

      Lanning, Marquart, Nornes, Simpson, Otremba, Heidgerken, Westrom and Eken introduced:

 

      H. F. No. 4004, A bill for an act relating to corrections; human services; appropriating money for predesign of the West Central Chemical Dependency Treatment and Correctional Center.

 

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

 

 

      Greiling and Lenczewski introduced:

 

      H. F. No. 4005, A bill for an act relating to taxes; individual income; increasing the elderly subtraction; amending Minnesota Statutes 2004, section 290.0802, subdivision 2.

 

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

 

 

      Sertich and Rukavina introduced:

 

      H. F. No. 4006, A bill for an act relating to health; providing public access to quality medical imaging procedures and radiation therapy procedures; 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 Policy and Finance.

 

 

      Sertich introduced:

 

      H. F. No. 4007, A bill for an act relating to the city of Hibbing; dissolving the Hibbing Area Redevelopment Agency; transferring the assets of the Hibbing Area Redevelopment Agency to the Hibbing Economic Development Authority; providing for the assumption of debts and obligations.

 

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


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      Cox introduced:

 

      H. F. No. 4008, A bill for an act relating to education finance; requiring Independent School Districts Nos. 721, New Prague; 394, Montgomery-Lonsdale; and 659, Northfield, to contract with Holy Cross School to provide transportation for Holy Cross students.

 

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

 

 

      Ellison introduced:

 

      H. F. No. 4009, A bill for an act relating to consumer protection; banning the sale and distribution of certain products containing lead; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

      Peterson, A.; Heidgerken and Urdahl introduced:

 

      H. F. No. 4010, A bill for an act relating to education; providing for the closing of schools during official storm warnings; amending Minnesota Statutes 2004, section 120A.41.

 

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

 

 

      Hilstrom introduced:

 

      H. F. No. 4011, A bill for an act relating to education; modifying the formula for integration revenue; amending Minnesota Statutes 2004, section 124D.86, subdivision 3.

 

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

 

 

      Lenczewski; Wardlow; Otremba; Thissen; Heidgerken; Lieder; Eken; Nelson, M.; Urdahl; Simpson; Dittrich and Ruud introduced:

 

      H. F. No. 4012, A bill for an act relating to education; establishing an advisory task force to examine and make recommendations about the interrelationship between schools' educational mission and competitive extracurricular programs for students.

 

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

 

 

      Lenczewski; Poppe; Otremba; Wagenius; Nelson, M.; Lieder and Eken introduced:

 

      H. F. No. 4013, A bill for an act relating to taxes; individual income; increasing the working family credit; amending Minnesota Statutes 2005 Supplement, section 290.0671, subdivision 1.

 

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


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      Thissen and Powell introduced:

 

      H. F. No. 4014, A bill for an act relating to early childhood; requiring annual influenza immunizations for children in a child care facility; amending Minnesota Statutes 2004, section 121A.15, subdivisions 1, 4; Minnesota Statutes 2005 Supplement, section 121A.15, subdivision 3.

 

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

 

 

      Otremba introduced:

 

      H. F. No. 4015, A bill for an act relating to marriage dissolution; providing for a certificate of name change after marriage dissolution; amending Minnesota Statutes 2004, section 518.27.

 

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

 

 

      Eken introduced:

 

      H. F. No. 4016, A bill for an act relating to game and fish; modifying conditions for a person to receive emergency crop protection assistance; amending Minnesota Statutes 2004, section 97A.028, subdivision 3.

 

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

 

 

      Finstad introduced:

 

      H. F. No. 4017, A bill for an act relating to human services; modifying the shelter needy provisions for Minnesota supplemental aid to include persons moving out of corporate foster settings; amending Minnesota Statutes 2005 Supplement, section 256D.44, subdivision 5.

 

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

 

 

      Anderson, I., introduced:

 

      H. F. No. 4018, A bill for an act relating to economic development; providing a grant to evaluate the Grand Mound Interpretation Center in Koochiching County; appropriating money.

 

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

 

 

      Sertich and Rukavina introduced:

 

      H. F. No. 4019, A bill for an act relating to housing; requiring carbon monoxide alarms in all rental dwellings.

 

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


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5817

      Emmer introduced:

 

      H. F. No. 4020, A bill for an act relating to retirement; allowing extension of Rule of 90 eligibility and additional service credit purchase.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

      S. F. No. 2750.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2750, A bill for an act relating to eminent domain; defining public use or purpose; prohibiting the use of eminent domain for economic development; requiring clear and convincing evidence for certain takings; providing for attorney fees and other additional elements of compensation; making other changes in the exercise of eminent domain; amending Minnesota Statutes 2004, sections 117.025; 117.036; 117.055; 117.075, subdivision 1, by adding a subdivision; 117.085; 117.51; 117.52, subdivision 1, by adding a subdivision; 163.12, subdivisions 1a, 1b; proposing coding for new law in Minnesota Statutes, chapter 117.

 

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

 

 

CALENDAR FOR THE DAY

 

 

      Paulsen moved that the Calendar for the Day be continued.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      McNamara moved that the name of Sertich be added as an author on H. F. No. 1337.  The motion prevailed.

 

      Hornstein moved that his name be stricken as an author on H. F. No. 1505.  The motion prevailed.

 

      Erhardt moved that the name of Sieben be added as an author on H. F. No. 1564.  The motion prevailed.


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      Lillie moved that his name be stricken as an author on H. F. No. 2485.  The motion prevailed.

 

      Dempsey moved that the names of Huntley and Paymar be added as authors on H. F. No. 2682.  The motion prevailed.

 

      Hortman moved that the name of Bernardy be added as an author on H. F. No. 3183.  The motion prevailed.

 

      Charron moved that the name of Lillie be added as an author on H. F. No. 3226.  The motion prevailed.

 

      Slawik moved that the names of Hortman and Fritz be added as authors on H. F. No. 3259.  The motion prevailed.

 

      Powell moved that the name of Poppe be added as an author on H. F. No. 3279.  The motion prevailed.

 

      Magnus moved that the name of Davids be added as an author on H. F. No. 3398.  The motion prevailed.

 

      Hosch moved that the name of Paymar be added as an author on H. F. No. 3894.  The motion prevailed.

 

      Moe moved that the name of Sailer be added as an author on H. F. No. 3915.  The motion prevailed.

 

      Erickson moved that the name of Soderstrom be added as an author on H. F. No. 3921.  The motion prevailed.

 

      Westrom moved that the names of DeLaForest and Klinzing be added as authors on H. F. No. 3933.  The motion prevailed.

 

      Johnson, J., moved that the name of Wardlow be added as an author on H. F. No. 3939.  The motion prevailed.

 

      Hoppe moved that the name of Wardlow be added as an author on H. F. No. 3940.  The motion prevailed.

 

      Peterson, S., moved that the name of Wardlow be added as an author on H. F. No. 3943.  The motion prevailed.

 

      Slawik moved that the name of Wardlow be added as an author on H. F. No. 3944.  The motion prevailed.

 

      Mullery moved that the name of Vandeveer be added as an author on H. F. No. 3962.  The motion prevailed.

 

      Kahn moved that the name of Liebling be added as an author on H. F. No. 3974.  The motion prevailed.

 

      Sieben moved that the names of Hortman, Abeler, Hornstein and Ellison be added as authors on H. F. No. 3981.  The motion prevailed.

 

      Severson moved that the name of Heidgerken be added as an author on H. F. No. 3989.  The motion prevailed.

 

      Severson moved that the name of Wardlow be added as an author on H. F. No. 3990.  The motion prevailed.

 

      Abrams moved that H. F. No. 263 be recalled from the Committee on Taxes and be re-referred to the Committee on Capital Investment.  The motion prevailed.

 

      Sykora moved that H. F. No. 3580 be recalled from the Committee on Education Policy and Reform and be re‑referred to the Committee on Education Finance.  The motion prevailed.


Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5819

      Bradley moved that H. F. No. 3658 be recalled from the Committee on Health Policy and Finance and be re‑referred to the Committee on Taxes.  The motion prevailed.

 

      Samuelson moved that H. F. No. 3878 be recalled from the Committee on Health Policy and Finance and be re‑referred to the Committee on Commerce and Financial Institutions.  The motion prevailed.

 

 

ADJOURNMENT

 

      Paulsen moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, March 29, 2006.  The motion prevailed.

 

      Paulsen moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Davids declared the House stands adjourned until 12:00 noon, Wednesday, March 29, 2006.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives

 



Journal of the House - 80th Day - Tuesday, March 28, 2006 - Top of Page 5820