Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 923

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

TWENTY-EIGHTH DAY

 

Saint Paul, Minnesota, Thursday, March 17, 2005

 

 

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

 

Prayer was offered by Archbishop Harry J. Flynn, Archdiocese of Saint Paul and Minneapolis.

 

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

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

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

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.

 

Beard, Opatz and Otremba were excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Charron 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 - 28th Day - Thursday, March 17, 2005 - Top of Page 924

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

 

 

RECESS

 

The House recessed to hear Irish music performed by Amy Shaw Kreitzer of St. Paul and Tom Sweeney of Plymouth in celebration of St. Patrick's Day.

 

 

RECONVENED

 

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

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 14, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

H. F. No. 871, relating to state government; authorizing participation of day training and habilitation services providers in state cooperative purchasing agreements; including certain rehabilitation facilities, extended employment providers, and day training and habilitation services providers in the state agency acquisition process.

 

H. F. No. 378, relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws.

 

 

Sincerely,

 

Tim Pawlenty

Governor


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 925

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2005 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2005

 

Date Filed

2005

 

871 9 2:45 p.m. March 14 March 14

378 10 3:50 p.m. March 14 March 14

518 11 3:45 p.m. March 14 March 14

 

 

Sincerely,

 

Mary Kiffmeyer

Secretary of State

 

 

REPORTS OF STANDING COMMITTEES

 

 

Seifert from the Committee on State Government Finance to which was referred:

 

H. F. No. 46, A bill for an act relating to state government; making permanent the requirement that certain litigation and settlement proceeds be deposited in the general fund; repealing Minnesota Statutes 2004, section 16A.151, subdivision 5.

 

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.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 926

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

 

H. F. No. 226, A bill for an act relating to health; requiring reporting on notification that is required before an abortion is performed on a minor or certain other women; providing civil penalties; amending Minnesota Statutes 2004, section 13.3806, by adding a subdivision; 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.

 

 

Buesgens from the Committee on Education Policy and Reform to which was referred:

 

H. F. No. 295, A bill for an act relating to school board elections; Special School District No. 1; providing for six members to be elected by district and three to be elected at-large.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 963, A bill for an act relating to crimes; making it a crime to strangle a family or household member; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1. Minnesota Statutes 2004, section 609.02, subdivision 16, is amended to read:

 

Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.] "Qualified domestic violence-related offense" includes the following offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); and 609.749 (harassment/stalking); and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.

 

Sec. 2. Minnesota Statutes 2004, section 609.2242, subdivision 3, is amended to read:

 

Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, or 609.224, or 609.2247, the court shall determine and make written findings on the record as to whether:

 

(1) the assault was committed against a family or household member, as defined in section 518B.01, subdivision 2;


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 927

(2) the defendant owns or possesses a firearm; and

 

(3) the firearm was used in any way during the commission of the assault.

 

(b) If the court determines that the assault was of a family or household member, and that the offender owns or possesses a firearm and used it in any way during the commission of the assault, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

 

(c) When a person is convicted of assaulting a family or household member and is determined by the court to have used a firearm in any way during commission of the assault, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

 

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of this section or section 609.224 and the court determines that the victim was a family or household member, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

 

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of domestic assault under this section or assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section or section 609.224. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor."

 

Page 1, line 9, delete everything after "(b)"

 

Page 1, delete line 10

 

Page 1, line 11, delete "(c)"

 

Page 1, line 13, delete "(d)" and insert "(c)"

 

Page 1, line 17, before "Whoever" insert "Unless a greater penalty is provided elsewhere,"

 

Page 1, after line 20, insert:

 

"Sec. 4. Minnesota Statutes 2004, section 624.712, subdivision 5, is amended to read:

 

Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 928

crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or authorized agent of the owner, theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses."

 

Page 1, line 22, delete "Section 1 is" and insert "Sections 1 to 4 are" and delete "applies" and insert "apply"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 3, after the semicolon, insert "making necessary corresponding changes to other laws; defining the new strangulation crime as a "crime of violence;" amending Minnesota Statutes 2004, sections 609.02, subdivision 16; 609.2242, subdivision 3; 624.712, subdivision 5;"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 995, A bill for an act relating to local government; repealing the compensation limit for local government employees; amending Minnesota Statutes 2004, sections 356.611, subdivision 1; 465.719, subdivision 9; repealing Minnesota Statutes 2004, section 43A.17, subdivision 9.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1002, A bill for an act relating to tourism; appropriating money for tourism marketing.

 

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 - 28th Day - Thursday, March 17, 2005 - Top of Page 929

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

 

H. F. No. 1050, A bill for an act relating to agriculture; appropriating money for a grant to Second Harvest food banks for the purchase of milk.

 

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.

 

 

Erhardt from the Committee on Transportation to which was referred:

 

H. F. No. 1053, A bill for an act relating to drivers' licenses; authorizing commissioner of public safety to waive road test for licensed military personnel; amending Minnesota Statutes 2004, section 171.13, subdivision 1a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 171.13, subdivision 1a, is amended to read:

 

Subd. 1a. [WAIVER; OTHER JURISDICTIONS, INCLUDING MILITARY.] The commissioner may waive the requirement that the applicant demonstrate ability to exercise ordinary and reasonable control in the operation of a motor vehicle on determining that the applicant possesses: (1) a valid driver's license issued by a jurisdiction that requires a comparable demonstration for license issuance; or (2) a driver's license issued by an active or reserve component of any branch of the United States armed forces that is currently valid or has been expired for less than one year at the time of application.

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 1127, A bill for an act relating to taxation; increasing the amount of tax credits or exemptions that may be awarded in a biotechnology and health sciences industry zone; amending Minnesota Statutes 2004, section 469.335.

 

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

 

The report was adopted.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 930

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

 

H. F. No. 1156, A bill for an act relating to public safety; appropriating money for purchase of automatic external defibrillators for State Patrol vehicles in greater Minnesota.

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation to which was referred:

 

H. F. No. 1189, A bill for an act relating to traffic regulations; exempting recycling and garbage trucks from certain weight restrictions; amending Minnesota Statutes 2004, section 169.87, subdivision 6.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 169.87, subdivision 6, is amended to read:

 

Subd. 6. [RECYCLING AND GARBAGE VEHICLES.] (a) Except as provided in paragraph (b), weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for recycling, while engaged in recycling in a political subdivision that mandates curbside recycling pickup.

 

(b) Until July 1, 2005, Weight restrictions imposed under subdivisions 1 and 2 do not apply to (1) a vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for recycling as described in paragraph (a), or (2) a vehicle that does not exceed 14,000 pounds per single axle and is designed and used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03, subdivision 21, while engaged in such collection.

 

(c) Notwithstanding section 169.80, subdivision 1, a violation of weight restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively for recycling while engaged in recycling in a political subdivision that mandates curbside recycling pickup while engaged in such collection, or by a vehicle that is designed and used exclusively for collecting mixed municipal solid waste as defined in section 115A.03, subdivision 21, while engaged in such collection, is not subject to criminal penalties but is subject to a civil penalty for excess weight under section 169.871."

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the semicolon and insert "removing an expiration date on an exception to seasonal weight limits for certain recycling and garbage trucks;"

 

Page 1, delete line 3

 

 

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

 

The report was adopted.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 931

Erhardt from the Committee on Transportation to which was referred:

 

H. F. No. 1219, A bill for an act relating to traffic regulations; providing for the speed limit on marked Interstate Highway 35E; amending Minnesota Statutes 2004, section 169.14, by adding a subdivision.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1356, A bill for an act relating to taxation; changing competition of the research credit; amending Minnesota Statutes 2004, section 290.068, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1357, A bill for an act relating to taxes; income and corporate; increasing the research credit and appropriating money for the biotechnology credit; amending Minnesota Statutes 2004, sections 290.068, subdivision 1; 469.335.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1397, A bill for an act relating to public safety; prohibiting use of term "state patrol" in advertising for private detective or protective agent services; amending Minnesota Statutes 2004, section 326.3384, subdivision 1.

 

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. 1398, A bill for an act relating to commerce; regulating unclaimed property held by cooperatives and the right to receive or recover unclaimed property; modifying public notice requirements; amending Minnesota Statutes 2004, section 308A.711, subdivision 3; 345.42, subdivision 1; 345.46; repealing Minnesota Statutes 2004, sections 308A.711, subdivisions 1, 2; 345.39, subdivision 2; 345.42, subdivisions 2, 3, 4.

 

Reported the same back with the following amendments:


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 932

Page 1, after line 26, insert:

 

"Sec. 2. Minnesota Statutes 2004, section 308B.735, subdivision 3, is amended to read:

 

Subd. 3. [OWNER'S RIGHT EXTINGUISHED ON DISBURSEMENT.] The right of an owner to unclaimed property held by a cooperative is extinguished when the property is disbursed by the cooperative to a tax exempt organization in accordance with this section. if: (1) notice that the payment is available has been mailed to the last known address of the person shown by the records to be entitled to the property; or (2) the address is unknown, notice is published in an official publication of the cooperative.

 

A participating patron of the cooperative shall receive notice pursuant to this subdivision if any profit, distribution, or other sum held or owing by a cooperative has remained unclaimed by the owner for more than seven years after it became payable or distributable."

 

Page 3, line 11, after the first semicolon, insert "308B.735, subdivisions 1 and 2;"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 6, after the semicolon, insert "308B.735, subdivision 3;"

 

Page 1, line 8, after the first semicolon, insert "308B.735, subdivisions 1, 2;"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1406, A bill for an act relating to public safety; requiring life without release sentences for certain egregious first degree criminal sexual conduct offenses; requiring indeterminate life sentences for certain sex offenses; increasing statutory maximum sentences for sex offenses; establishing the Minnesota Sex Offender Review Board and providing its responsibilities, including release decisions, access to data, expedited rulemaking, and the applicability to it of contested case proceedings and the Open Meeting Law; directing the Sentencing Guidelines Commission to modify the sentencing guidelines; providing criminal penalties; modifying predatory offender registration and community notification requirements; requiring victim notification for commitment of persons with sexual psychopathic personalities and sexually dangerous persons under certain circumstances; providing registration requirements for persons without a primary address under the registry; providing for registration of offenders from other states and offenders released from federal facilities under the registry; expanding Department of Human Services access to the predatory offender registry; modifying the predatory offender registry law to require registered offenders to disclose to health care facilities, upon admittance, their status as a registered predatory offender, and to require local law enforcement to disclose a registrant's status to the administration of a health care facility if a registered offender is receiving inpatient care; removing the commissioner of human services' discretion to grant variances/set-asides for persons convicted of certain violent crimes; modifying the human services criminal background check law; establishing an ongoing Sex Offender Policy Board to develop uniform supervision and professional standards; requiring the committing court to review special review board recommendations with respect to discharge of psychopathic personalities, sexual psychopathic personalities, and


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 933

sexually dangerous persons; amending Minnesota Statutes 2004, sections 13.851, by adding a subdivision; 13D.01, subdivision 2; 144.335, by adding a subdivision; 144A.135; 241.67, subdivision 3; 242.195, subdivision 1; 243.166; 243.167; 244.05, subdivisions 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding subdivisions; 245C.03, subdivision 1; 245C.13, subdivision 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.17, subdivisions 2, 3; 245C.21, subdivisions 3, 4; 245C.22, by adding a subdivision; 245C.23, subdivision 1; 245C.24, subdivisions 2, 3, 4, by adding a subdivision; 245C.30, subdivisions 1, 2; 246.13; 253B.02, subdivision 4a, by adding subdivisions; 253B.08, subdivision 2; 253B.18, subdivisions 4a, 5, by adding a subdivision; 299C.093; 609.108, subdivisions 3, 4, 7; 609.109, subdivisions 2, 5, 7; 609.117, subdivisions 1, 2; 609.1351; 609.2231, subdivision 3; 609.341, by adding subdivisions; 609.342, subdivisions 2, 3; 609.343, subdivisions 2, 3; 609.344, subdivisions 2, 3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 609.348; 609.353; 609.485, subdivisions 2, 4; 617.23, subdivisions 2, 3; 626.556, subdivision 3; 626.557, subdivisions 12b, 14; 631.045; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 609; repealing Minnesota Statutes 2004, sections 243.166, subdivisions 1, 8; 246.017, subdivision 1; 609.108, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 4, line 8, after "report" insert "and authorized under section 13.851"

 

Page 29, line 10, after "section" insert "13.871;"

 

Page 30, line 35, delete everything after the headnote and insert "A provider that receives criminal history information about a patient from the Department of Corrections or the Department of Human Services must include that information in the patient's health record. The criminal history information may only be used and disclosed as provided in this section and applicable federal law."

 

Page 30, delete line 36

 

Page 31, delete line 1

 

Page 43, line 19, delete "is not" and insert "shall be deemed to have endangered the safety of individuals in the facility under Code of Federal Regulations, chapter 42, section 483.12. Notwithstanding paragraph (d), any appeal of the notice and discharge shall not constitute a stay of the discharge."

 

Page 43, delete lines 20 and 21

 

Page 47, line 10, after "for" insert "a violation of, or attempt to violate, or aiding, abetting, or conspiracy to commit"

 

Page 55, line 29, delete the new language

 

Page 55, line 30, delete "a failure to register offense"

 

Page 56, line 14, after "supervision" insert "for a registration offense or a failure to register offense"

 

Page 58, delete lines 29 to 35

 

Page 65, line 12, after the period, insert "Subdivision 6, paragraph (c), is effective August 1, 2005, and applies to any offense, revocation of probation, supervised release, or conditional release that occurs on or after that date."

 

Page 79, line 3, after "disclose" insert "pursuant to section 13.871"


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 934

Page 81, line 34, strike "INFORMATION" and insert "DATA"

 

Page 81, line 36, strike "information" and insert "data"

 

Page 82, line 2, strike "information" and insert "data" and delete ", human"

 

Page 82, line 3, delete "services," and after the period, insert "State-operated services, as defined in section 246.014, is also authorized to have access to the data for the purposes described in section 246.13, subdivision 2, paragraph (c)."

 

Page 83, line 4, delete "provided" and insert "defined"

 

Page 83, line 20, after the first semicolon, insert "and" and delete "the National Crime"

 

Page 83, delete lines 21 to 27

 

Page 84, delete lines 5 to 8 and insert "medical and criminal history data as provided by this section."

 

Page 84, line 12, after "members" insert "such data as is necessary to comply with Minnesota Rules, part 1205.0400"

 

Page 85, line 11, after "obtain" insert "and disclose"

 

Page 85, line 12, delete "forms and complete the registration" and insert "data to complete the registration form"

 

Page 85, line 14, delete "information" and insert "data"

 

Page 86, lines 30, 33, and 35, strike "information" and insert "data"

 

Page 86, line 36, delete "human services,"

 

Page 87, line 1, delete the comma and after the period, insert "State-operated services, as defined in section 246.014, is also authorized to have access to the data for the purposes described in section 246.13, subdivision 2, paragraph (c)."

 

Page 88, after line 10, insert:

 

"Section 1. Minnesota Statutes 2004, section 13.461, is amended by adding a subdivision to read:

 

Subd. 29. [DISQUALIFICATION FROM DIRECT CONTACT.] The classification of data about individuals disqualified from providing direct contact services is governed by section 245C.22, subdivision 7."

 

Page 89, line 16, delete the new language and insert "The subject of a background study may not perform any activity requiring a background study under paragraph (b) until the commissioner has issued one of the notices under paragraph (a).

 

(a) Notices from the commissioner required prior to activity under paragraph (b) include:

 

(1) a notice of the study results under section 245C.17 stating that:

 

(i) the individual is not disqualified; or


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 935

(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245A.17, paragraph (c);

 

(2) a notice that a disqualification has been set aside under section 245C.23; or

 

(3) a notice that a variance has been granted related to the individual under section 245C.30.

 

(b) Activities prohibited prior to receipt of notice under paragraph (a) include:

 

(1) being issued a license;

 

(2) living in the household where the licensed program will be provided;

 

(3) providing direct contact services to persons served by a program; or

 

(4) having access to persons receiving services if the background study was completed under section 245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), or 144.057, subdivision 1."

 

Page 89, delete lines 17 to 30

 

Page 96, after line 5, insert:

 

"Sec. 8. Minnesota Statutes 2004, section 245C.17, subdivision 1, is amended to read:

 

Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.] (a) Within 15 working days after the commissioner's receipt of the background study form, the commissioner shall notify the individual who is the subject of the study in writing or by electronic transmission of the results of the study or that more time is needed to complete the study.

 

(b) Within 15 working days after the commissioner's receipt of the background study form, the commissioner shall notify the applicant, license holder, or other entity as provided in this chapter in writing or by electronic transmission of the results of the study or that more time is needed to complete the study.

 

(c) When the commissioner has completed a prior background study on an individual that resulted in an order for immediate removal and more time is necessary to complete a subsequent study, the notice that more time is needed that is issued under paragraphs (a) and (b) shall include an order for immediate removal of the individual from any position allowing direct contact with or access to people receiving services pending completion of the background study."

 

Page 100, line 2, after "aside" insert "pursuant to section 13.461"

 

Page 101, line 14, before "The" insert "(a) Except as provided in paragraph (b),"

 

Page 101, after line 21, insert:

 

"(b) Unless the disqualification under section 245C.15, subdivision 1, relates to criminal sexual conduct or a license to provide family child care, child foster care, adult day services, or adult foster care in the license holder's residence, the commissioner is not prohibited from setting aside a disqualification according to section 245C.22, for an individual who, in addition to criteria under section 245A.22, demonstrates to the commissioner that:


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 936

(1) the person was disqualified because of conduct prohibited by section 152.021, 152.022, 152.023, or 152.024;

 

(2) the individual has successfully completed chemical dependency treatment from a program licensed by the Department of Human Services or operated by the Department of Corrections;

 

(3) at least five years have passed since completion of the treatment program; and

 

(4) the individual has not engaged in any criminal or maltreatment behavior since completing treatment."

 

Page 101, line 25, before "The" insert "Except as provided in paragraph (d),"

 

Page 103, after line 9, insert:

 

"(d) Unless the disqualification under paragraph (a) relates to a license to provide family child care, child foster care, adult day services, or adult foster care in the license holder's residence, the commissioner is not prohibited from setting aside a disqualification for disqualification listed in paragraph (a) according to section 245C.22, for an individual who, in addition to criteria under section 245A.22, demonstrates to the commissioner that:

 

(1) the person was disqualified because of conduct prohibited by section 152.021, 152.022, 152.023, or 152.024;

 

(2) the individual has successfully completed chemical dependency treatment from a program licensed by the Department of Human Services or operated by the Department of Corrections;

 

(3) at least five years have passed since completion of the treatment program; and

 

(4) the individual has not engaged in any criminal or maltreatment behavior since completing treatment."

 

Page 103, line 13, before "The" insert "(a) Except as provided in paragraph (b),"

 

Page 104, after line 1, insert:

 

"(b) Unless the disqualification under paragraph (a) relates to a license to provide family child care, child foster care, adult day services, or adult foster care in the license holder's residence, the commissioner is not prohibited from setting aside a disqualification for disqualification listed in paragraph (a) according to section 245C.22, for an individual who, in addition to criteria under section 245A.22, demonstrates to the commissioner that:

 

(1) the person was disqualified because of conduct prohibited by section 152.021, 152.022, 152.023, or 152.024;

 

(2) the individual has successfully completed chemical dependency treatment from a program licensed by the Department of Human Services or operated by the Department of Corrections;

 

(3) at least five years have passed since completion of the treatment program; and

 

(4) the individual has not engaged in any criminal or maltreatment behavior since completing treatment."

 

Page 105, line 2, after "disqualification" insert "under section 13.461"


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 937

Renumber the sections in sequence

 

Correct internal references

 

Amend the title as follows:

 

Page 1, line 42, after "sections" insert "13.461, by adding a subdivision;"

 

Page 2, line 3, after the second "subdivisions" insert "1,"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1492, A bill for an act relating to utilities; modifying the term of guaranteed savings lease purchase contracts; amending Minnesota Statutes 2004, section 16C.144, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Section 1. Minnesota Statutes 2004, section 16C.144, subdivision 1, is amended to read:

 

Subdivision 1. [DEFINITIONS.] The following definitions apply to this section.

 

(a) "Utility" means electricity, natural gas, or other energy resource, water, and wastewater.

 

(b) "Utility cost savings" means the difference between the utility costs under the precontract conditions and the utility costs after the changes have been made under the contract. Such savings shall be calculated in comparison to an established baseline of utility costs.

 

(c) "Established baseline" means the precontract utilities, operations, and maintenance costs.

 

(d) "Utility cost-savings measure" means a measure that produces utility cost savings and/or operation and maintenance cost savings.

 

(e) "Operation and maintenance cost savings" means a measurable decrease in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures but does not include savings from in-house staff labor. Such savings shall be calculated in comparison to an established baseline of operation and maintenance costs.

 

(f) "Guaranteed savings contract" means a contract for the evaluation, recommendation, and installation of one or more utility cost-savings measures. The contract must provide that all payments are to be made over time but not to exceed ten 15 years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the utility cost-savings measures.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 938

(g) "Baseline adjustments" means adjusting the established baselines in paragraphs (b) and (d) for changes in the following variables:

 

(1) utility rates;

 

(2) number of days in the utility billing cycle;

 

(3) square footage of the facility;

 

(4) operational schedule of the facility;

 

(5) facility temperature set points;

 

(6) weather; and

 

(7) amount of equipment or lighting utilized in the facility.

 

(h) "Lease purchase contract" means a contract obligating the state to make regular lease payments to satisfy the lease costs of the utility cost-savings measures until the final payment, after which time the utility cost-savings measures become the sole property of the state of Minnesota.

 

(i) "Qualified provider" means a person or business experienced in the design, implementation, and installation of utility cost-savings measures.

 

(j) "Engineering report" means a report prepared by a professional engineer licensed by the state of Minnesota summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, and estimates of the amounts by which utility and operation and maintenance costs will be reduced.

 

(k) "Capital cost avoidance" means money expended by a state agency to pay for utility cost-savings measures with a guaranteed savings contract so long as the measures that are being implemented to achieve the cost savings are a significant portion of an overall project.

 

(l) "Guaranteed savings contracting guidelines" means policies, procedures, and requirements of guaranteed savings contracts established by the Department of Administration upon enacting this legislation."

 

Page 1, line 7, delete "Section 1." and insert "Sec. 2."

 

Page 1, after line 18, insert:

 

"Sec. 3. [EFFECTIVE DATE.]

 

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

 

Amend the title as follows:

 

Page 1, line 4, delete "subdivision" and insert "subdivisions 1,"

 

 

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 - 28th Day - Thursday, March 17, 2005 - Top of Page 939

Buesgens from the Committee on Education Policy and Reform to which was referred:

 

H. F. No. 1544, A bill for an act relating to education; allowing charter school students to participate in extracurricular activities in their resident school district; amending Minnesota Statutes 2004, sections 123B.36, subdivision 1; 123B.49, subdivision 4; 124D.10, subdivision 8.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 123B.36, subdivision 1, is amended to read:

 

Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For purposes of this subdivision, "home school" means a home school as defined in sections 120A.22 and 120A.24 with five or fewer students receiving instruction.

 

(b) A school board is authorized to require payment of fees in the following areas:

 

(1) in any program where the resultant product, in excess of minimum requirements and at the pupil's option, becomes the personal property of the pupil;

 

(2) admission fees or charges for extra curricular activities, where attendance is optional and where the admission fees or charges a student must pay to attend or participate in an extracurricular activity is the same for all students, regardless of whether the student is enrolled in a public or a home school;

 

(3) a security deposit for the return of materials, supplies, or equipment;

 

(4) personal physical education and athletic equipment and apparel, although any pupil may personally provide it if it meets reasonable requirements and standards relating to health and safety established by the board;

 

(5) items of personal use or products that a student has an option to purchase such as student publications, class rings, annuals, and graduation announcements;

 

(6) fees specifically permitted by any other statute, including but not limited to section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual cost to the school and school district of providing driver education, and (ii) the driver education courses are open to enrollment to persons between the ages of 15 and 18 who reside or attend school in the school district;

 

(7) field trips considered supplementary to a district educational program;

 

(8) any authorized voluntary student health and accident benefit plan;

 

(9) for the use of musical instruments owned or rented by the district, a reasonable rental fee not to exceed either the rental cost to the district or the annual depreciation plus the actual annual maintenance cost for each instrument;

 

(10) transportation of pupils to and from extracurricular activities conducted at locations other than school, where attendance is optional, and transportation of charter school students participating in extracurricular activities in their resident district under section 123B.49, subdivision 4, paragraph (a), which must be charged to the charter school;


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 940

(11) transportation to and from school of pupils living within two miles from school and all other transportation services not required by law. If a district charges fees for transportation of pupils, it must establish guidelines for that transportation to ensure that no pupil is denied transportation solely because of inability to pay;

 

(12) motorcycle classroom education courses conducted outside of regular school hours; provided the charge must not exceed the actual cost of these courses to the school district;

 

(13) transportation to and from postsecondary institutions for pupils enrolled under the postsecondary enrollment options program under section 123B.88, subdivision 22. Fees collected for this service must be reasonable and must be used to reduce the cost of operating the route. Families who qualify for mileage reimbursement under section 124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If no fee is charged, districts must allocate costs based on the number of pupils riding the route.

 

[EFFECTIVE DATE.] This section is effective for the 2005-2006 school year and later.

 

Sec. 2. Minnesota Statutes 2004, section 123B.49, subdivision 4, is amended to read:

 

Subd. 4. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] (a) The board may take charge of and control all extracurricular activities of the teachers and children of the public schools in the district. Extracurricular activities means all direct and personal services for pupils for their enjoyment that are managed and operated under the guidance of an adult or staff member. The board shall allow all resident pupils receiving instruction in a home school as defined in section 123B.36, subdivision 1, paragraph (a), and all resident pupils receiving instruction in a charter school as defined in section 124D.10 to be eligible to fully participate in extracurricular activities on the same basis as public school students. enrolled in the district's schools. A charter school student must give the enrolling charter school and the resident school district at least a 30-day notice of the student's intent to participate in an extracurricular activity in the resident district. Before a charter school student begins participating in an extracurricular activity in the resident district, the charter school must agree in writing to pay the direct and indirect costs attributable to that student that the district may charge to the charter school under paragraph (f). A charter school student is not eligible to participate in an extracurricular activity in the resident district if that extracurricular activity is offered by the enrolling charter school or the extracurricular activity is not controlled by the high school league under chapter 128C. Charter school students participating in extracurricular activities must meet the academic and student conduct requirements of the resident district. The charter school must:

 

(1) collect the same information that a district collects on a student's eligibility to participate in an extracurricular activity;

 

(2) transmit that information to the district at least ten days before a student begins to participate in the extracurricular activity; and

 

(3) immediately transmit to the district any additional information affecting the student's eligibility.

 

(b) Extracurricular activities have all of the following characteristics:

 

(1) they are not offered for school credit nor required for graduation;

 

(2) they are generally conducted outside school hours, or if partly during school hours, at times agreed by the participants, and approved by school authorities;

 

(3) the content of the activities is determined primarily by the pupil participants under the guidance of a staff member or other adult.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 941

(c) If the board does not take charge of and control extracurricular activities, these activities shall be self-sustaining with all expenses, except direct salary costs and indirect costs of the use of school facilities, met by dues, admissions, or other student fund-raising events. The general fund must reflect only those salaries directly related to and readily identified with the activity and paid by public funds. Other revenues and expenditures for extracurricular activities must be recorded according to the "Manual of Instruction for Uniform Student Activities Activity Fund Accounting for Minnesota School Districts and Area Vocational-Technical Colleges." Extracurricular activities not under board control must have an annual financial audit and must also be audited annually for compliance with this section.

 

(d) If the board takes charge of and controls extracurricular activities, any or all costs of these activities may be provided from school revenues and all revenues and expenditures for these activities shall be recorded in the same manner as other revenues and expenditures of the district.

 

(e) If the board takes charge of and controls extracurricular activities, the teachers or pupils in the district must not participate in such activity, nor shall the school name or any allied name be used in connection therewith, except by consent and direction of the board.

 

(f) School districts may charge charter schools their proportional share of the direct and indirect costs of the extracurricular activities that are not covered by student fees under section 123B.36, subdivision 1, ticket revenues, fund-raising efforts, sponsorships or other income generated for those activities for which the charter school is charged. A district may charge charter school students the same fees it charges enrolled students to participate in an extracurricular activity. All charges to a charter school and charter school students must be paid when the charter school students are selected to participate in the activity. A district is not required to provide transportation from the charter school to the resident district for a charter school student who participates in an extracurricular activity in the resident district.

 

[EFFECTIVE DATE.] This section is effective for the 2005-2006 school year and later.

 

Sec. 3. Minnesota Statutes 2004, section 124D.10, subdivision 8, is amended to read:

 

Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and local health and safety requirements.

 

(b) A school sponsored by a school board may be located in any district, unless the school board of the district of the proposed location disapproves by written resolution.

 

(c) A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or a religious institution.

 

(d) Charter schools must not be used as a method of providing education or generating revenue for students who are being homeschooled.

 

(e) The primary focus of a charter school must be to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. Instruction may be provided to people younger than five years and older than 18 years of age.

 

(f) A charter school may not charge tuition.

 

(g) A charter school is subject to and must comply with chapter 363A and section 121A.04.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 942

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 123B.34 to 123B.39.

 

(i) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district. Audits must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the program at the school. Deviations must be approved by the commissioner. The Department of Education, state auditor, or legislative auditor may conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

 

(j) A charter school is a district for the purposes of tort liability under chapter 466.

 

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

 

(l) A charter school is subject to the Pledge of Allegiance requirement under section 121A.11, subdivision 3.

 

(m) A charter school is subject to sections 123B.36, subdivision 1, paragraph (b), clause (10), and 123B.49, subdivision 4, paragraphs (a) and (f), when its students participate in extracurricular activities in their resident district.

 

[EFFECTIVE DATE.] This section is effective for the 2005-2006 school year and later."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1555, A bill for an act relating to health; modifying the Minnesota Emergency Health Powers Act; modifying authority of out-of-state license holders; amending Minnesota Statutes 2004, sections 12.03, subdivision 4d, by adding a subdivision; 12.22, subdivision 2a, by adding a subdivision; 12.31, subdivision 1; 12.32; 12.34, subdivision 1; 12.381; 12.39; 12.42; 13.3806, subdivision 1a; Laws 2002, chapter 402, section 21, as amended; proposing coding for new law in Minnesota Statutes, chapter 12.

 

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

 

The report was adopted.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 943

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

 

H. F. No. 1575, A bill for an act relating to the military; clarifying statutes pertaining to the accumulation of vacation and sick leave by public officers and employees while on military leave and upon reinstatement in public office or employment; authorizing payment for some or all of the accumulated leave; amending Minnesota Statutes 2004, sections 192.261, subdivision 2; 471.975.

 

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

 

The report was adopted.

 

 

Buesgens from the Committee on Education Policy and Reform to which was referred:

 

H. F. No. 1587, A bill for an act relating to education; providing for assessment of student growth in academic achievement over time; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

Reported the same back with the following amendments:

 

Page 1, line 10, after "reporting" insert "individual"

 

Page 1, line 12, after "of" insert "individual"

 

Page 1, line 20, delete "a proposal" and insert "proposals"

 

Amend the title as follows:

 

Page 1, line 3, before "student" insert "individual"

 

 

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

 

The report was adopted.

 

 

Westrom from the Committee on Regulated Industries to which was referred:

 

H. F. No. 1608, A bill for an act relating to public utilities; authorizing district court to hear appeals of lesser utility fines; amending Minnesota Statutes 2004, section 216D.08, subdivision 1.

 

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

 

The report was adopted.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 944

Erhardt from the Committee on Transportation to which was referred:

 

H. F. No. 1612, A bill for an act relating to highways; requiring Department of Transportation to indicate on specific service signs those businesses that sell E85 at retail; amending Minnesota Statutes 2004, section 160.294, subdivision 1a.

 

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

 

The report was adopted.

 

 

Buesgens from the Committee on Education Policy and Reform to which was referred:

 

H. F. No. 1751, A bill for an act relating to education; modifying career and technical levy; providing for rulemaking; appropriating money; amending Minnesota Statutes 2004, sections 126C.457; 127A.47, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

Reported the same back with the following amendments:

 

Pages 4 and 5, delete section 3

 

Page 5, after line 30, insert:

 

"This appropriation is for grants to school districts to establish emerging technology demonstration programs for students in grades 7 through 9. The commissioner shall prescribe the form and manner of grant applications, and shall make up to 20 grant awards each year of the biennium. The grant award process must take into consideration regional distribution, district instructional history with emerging technologies, plans to link the program with high school emerging technology programs, ability to provide local matching funds, and plans to serve as a demonstration program.

 

Any balance in the first year does not cancel but is available in the second year. This is a onetime appropriation."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, delete "sections" and insert "section"

 

Page 1, line 5, delete everything before "proposing"

 

 

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

 

The report was adopted.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 945

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

 

H. F. No. 1778, A bill for an act relating to the military; providing for rental of certain facilities at Camp Ripley; amending Minnesota Statutes 2004, section 190.16, by adding a subdivision.

 

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. 1779, A bill for an act relating to the military; providing for pay and allowances for certain retired national guard personnel who are ordered to active duty; amending Minnesota Statutes 2004, section 192.19.

 

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

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Opportunity Policy and Finance to which was referred:

 

S. F. No. 186, A bill for an act relating to economic development; providing a bidding exception for certain federally subsidized transit facilities; amending Minnesota Statutes 2004, section 469.015, subdivision 4.

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation to which was referred:

 

S. F. No. 735, A bill for an act relating to highways; designating the "Bradley Waage Memorial Bridge"; amending Minnesota Statutes 2004, section 161.14, by adding a subdivision.

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 295, 995, 1053, 1575 and 1779 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. No. 735 was read for the second time.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 946

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Wilkin, Gunther, Westerberg, Bradley, Gazelka, Garofalo and Ruth introduced:

 

H. F. No. 1889, A bill for an act relating to human services; implementing child protection, child care, and child and family support provisions; amending Minnesota Statutes 2004, sections 119A.43, subdivision 2; 119B.025, subdivision 1; 119B.03, subdivision 6; 119B.09, subdivisions 4, 9; 144D.025; 256.978, subdivision 2; 256D.02, subdivision 17; 256D.051, subdivision 6c; 256I.04, subdivision 2a; 256I.05, by adding a subdivision; 256J.626, subdivisions 6, 7, 8; 256J.751, subdivisions 2, 5; 257.85, subdivisions 2, 3; 259.23, subdivisions 1, 2; 259.41, subdivision 3; 259.75, subdivision 1; 259.79, subdivision 1; 259.85, subdivision 1; 260.012; 260C.001, subdivision 3; 260C.007, subdivision 8; 260C.151, subdivision 6; 260C.178; 260C.201, subdivisions 1, 10, 11; 260C.312; 260C.317, subdivision 3; 518.551, subdivision 5; 518.68, subdivision 2; 548.091, subdivision 1a; 626.556, subdivisions 1, 2, 3, 10, 10b, 10e, 10f, 10i, 11, 11c, by adding subdivisions; repealing Minnesota Statutes 2004, sections 626.5551, subdivisions 1, 2, 3, 4, 5; Minnesota Rules, parts 9500.1206, subparts 20, 26d, 27; 9560.0220, subpart 6, item B; 9560.0230, subpart 2.

 

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

 

 

Brod, Davids, Gunther and Simpson introduced:

 

H. F. No. 1890, A bill for an act relating to housing; providing for the licensure of manufactured and industrialized/modular home sales; authorizing rules; amending Minnesota Statutes 2004, sections 327B.01, by adding a subdivision; 327B.04, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters 16B; 327B.

 

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

 

 

Sailer introduced:

 

H. F. No. 1891, A bill for an act relating to human services; adding a provision to the fathers' adoption registry; amending Minnesota Statutes 2004, section 259.52, subdivision 8.

 

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

 

 

Thissen, Huntley, Thao, Walker and Clark introduced:

 

H. F. No. 1892, A bill for an act relating to human services; creating a program for individuals with HIV; appropriating money; amending Minnesota Statutes 2004, section 256.9365, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 947

Simpson, Meslow and Zellers introduced:

 

H. F. No. 1893, A bill for an act relating to health; regulating certain sales and deliveries of tobacco products; imposing criminal and civil penalties; providing remedies; amending Minnesota Statutes 2004, section 297F.21, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

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

 

 

Clark; Sertich; Nelson, M.; Mahoney and Murphy introduced:

 

H. F. No. 1894, A bill for an act relating to jobs training; decreasing the number of hours required in unsubsidized employment for job training and education opportunities; amending Minnesota Statutes 2004, section 256J.53, subdivision 2.

 

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

 

 

Loeffler; Erhardt; Johnson, S.; Kahn; Tingelstad; Wagenius; Simon and Lillie introduced:

 

H. F. No. 1895, A bill for an act relating to agriculture; expanding the definition of shade tree; appropriating money; amending Minnesota Statutes 2004, section 18G.16, subdivision 1.

 

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

 

 

Westrom and Peterson, A., introduced:

 

H. F. No. 1896, A bill for an act relating to traffic regulations; redefining recreational vehicle combination to include certain combinations hauling horse trailers and related vehicles; increasing maximum gross weight for certain vehicles and combinations hauling livestock on noninterstate highways; requiring a permit; amending Minnesota Statutes 2004, sections 169.01, subdivision 78; 169.81, subdivision 3c; 169.824, subdivision 2; 169.86, subdivision 5.

 

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

 

 

Ellison, Kahn, Thissen, Hornstein, Walker, Davnie, Kelliher, Mullery and Loeffler introduced:

 

H. F. No. 1897, A bill for an act relating to economic development; appropriating money to fund summer youth employment in North Minneapolis.

 

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 - 28th Day - Thursday, March 17, 2005 - Top of Page 948

Finstad, Thissen and Bradley introduced:

 

H. F. No. 1898, A bill for an act relating to health; requiring a certificate of authority for pharmacy benefits managers; granting powers and duties to state agencies and officers; allowing access to certain information; requiring disclosures to certain entities; setting standards and responsibilities of pharmacy benefits managers; proposing coding for new law as Minnesota Statutes, chapter 60I.

 

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

 

 

Lanning and Atkins introduced:

 

H. F. No. 1899, A bill for an act relating to property taxation; fixing the shares of the state general levy paid by noncommercial seasonal recreational property and commercial-industrial property; amending Minnesota Statutes 2004, section 275.025, subdivisions 2, 3, 4.

 

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

 

 

Lanning, Atkins, Simpson and Brod introduced:

 

H. F. No. 1900, A bill for an act relating to taxation; extending limited market value for two additional years; amending Minnesota Statutes 2004, section 273.11, subdivision 1a.

 

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

 

 

Slawik, Gunther, Meslow, Wardlow, Lillie, Hausman and Murphy introduced:

 

H. F. No. 1901, A bill for an act relating to early education; providing for coordination of early care and education programs.

 

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

 

 

Lesch; Mahoney; Nelson, M.; Mullery; Johnson, S.; Lillie; Kahn; Ellison; Thao; Loeffler; Walker; Hausman; Mariani and Latz introduced:

 

H. F. No. 1902, A bill for an act relating to taxation; property; providing a housing opportunity area tax abatement program; proposing coding for new law in Minnesota Statutes, chapter 273.

 

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

 

 

Poppe introduced:

 

H. F. No. 1903, A bill for an act relating to sales and use taxes; authorizing the county of Mower to impose a local sales tax.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 949

Hackbarth introduced:

 

H. F. No. 1904, A bill for an act relating to natural resources; increasing watercraft license fees; modifying disposition of certain revenue; providing for public access on public waters; amending Minnesota Statutes 2004, section 86B.415, subdivisions 1, 2, 3, 4, 5, 6, 9.

 

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

 

 

Thissen introduced:

 

H. F. No. 1905, A bill for an act relating to taxation; income; allowing a credit for contributions to prekindergarten scholarship granting organizations; amending Minnesota Statutes 2004, section 290.01, subdivision 19c; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Simon; Abrams; Moe; Lenczewski; Hortman; Hosch; Dittrich; Koenen; Ruud; Peterson, S.; Sailer; Marquart; Lillie; Anderson, I.; Scalze; Loeffler and Fritz introduced:

 

H. F. No. 1906, A bill for an act relating to taxes; individual income; conforming to marriage penalty relief in the standard deduction in the Working Families Tax Relief Act of 2004; amending Minnesota Statutes 2004, sections 289A.02, subdivision 7; 290.01, subdivisions 19, 31.

 

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

 

 

Ruth, Cox, Juhnke, Lieder and Gunther introduced:

 

H. F. No. 1907, A bill for an act relating to motor fuels; increasing rate of motor fuels taxes; amending Minnesota Statutes 2004, sections 296A.07, subdivision 3; 296A.08, subdivision 2.

 

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

 

 

Vandeveer and Mullery introduced:

 

H. F. No. 1908, A bill for an act relating to taxation; property; creating a low-income apartment property class; amending Minnesota Statutes 2004, section 273.13, subdivision 25; proposing coding for new law in Minnesota Statutes, chapter 273.

 

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

 

 

Hackbarth and Dill introduced:

 

H. F. No. 1909, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution by adding a section to article XI; dedicating the sales and use tax receipts equal to a sales and use tax of one-fourth of one percent on taxable sales and uses for natural resource purposes; creating a heritage enhancement


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 950

fund; creating a clean water fund; establishing a Heritage Enhancement Council; establishing a Clean Waters Council; providing appointments; amending Minnesota Statutes 2004, section 10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes, chapters 97A; 103F.

 

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

 

 

Peppin and Emmer introduced:

 

H. F. No. 1910, A bill for an act relating to education; authorizing an election to form two separate school districts from the area currently within Independent School District No. 728, Elk River.

 

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

 

 

Thao introduced:

 

H. F. No. 1911, A bill for an act relating to state government; providing a specified preference in state contracts for translation services; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

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

 

 

Larson; Peterson, N.; Thissen and Lenczewski introduced:

 

H. F. No. 1912, A bill for an act relating to government data practices; classifying certain data on subscribers to a government entity electronic newsletter and on customers who pay a municipal utility bill electronically; amending Minnesota Statutes 2004, section 13.685; proposing coding for new law in Minnesota Statutes, chapter 13.

 

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

 

 

Samuelson, Garofalo, Poppe, Hornstein, Meslow, Tingelstad and Kelliher introduced:

 

H. F. No. 1913, A bill for an act relating to consumer protection; prohibiting the sale of flavored cigarettes, cigars, and smokeless tobacco products; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

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

 

 

Clark; Mariani; Ruth; Juhnke; Peterson, A., and Sertich introduced:

 

H. F. No. 1914, A bill for an act relating to employment; increasing the penalty for failure to pay a discharged employee within 24 hours; modifying the penalty for failure to pay benefits or wage supplements; increasing the penalty for violation of migrant worker payment requirements; amending Minnesota Statutes 2004, sections 181.11; 181.74, subdivision 1; 181.89, subdivision 2.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 951

Zellers and Peppin introduced:

 

H. F. No. 1915, A bill for an act relating to health; providing an exception to the hospital construction moratorium; amending Minnesota Statutes 2004, section 144.551, subdivision 1.

 

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

 

 

Meslow, Murphy, Cox, Solberg and Tingelstad introduced:

 

H. F. No. 1916, A bill for an act relating to crime victims and battered women's shelters; appropriating money to the commissioner of public safety for crime victim service programs and battered women's shelters.

 

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

 

 

Tingelstad introduced:

 

H. F. No. 1917, A bill for an act relating to local government; authorizing the investment of funds in certain securities; amending Minnesota Statutes 2004, section 118A.04, subdivision 3.

 

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

 

 

Finstad introduced:

 

H. F. No. 1918, A bill for an act relating to health; modifying provisions relating to physical therapists; providing penalties; amending Minnesota Statutes 2004, sections 148.65, by adding subdivisions; 148.706; 148.75; 148.7806; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, part 5601.0100, subparts 3, 4.

 

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

 

 

Sailer introduced:

 

H. F. No. 1919, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Beltrami County.

 

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

 

 

Abrams, Kelliher and Ellison introduced:

 

H. F. No. 1920, A bill for an act relating to liquor; authorizing the city of Minneapolis to issue an on-sale license; amending Minnesota Statutes 2004, section 340A.404, subdivision 2.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 952

Wilkin, Peppin, Otremba, Powell, Buesgens, Dean, Garofalo, Seifert, Larson, Emmer, Hoppe, Wardlow, Soderstrom, Cybart, Knoblach and Bradley introduced:

 

H. F. No. 1921, A bill for an act relating to health; modifying consent requirements for medical treatment of minors; permitting parental access to minor's medical records; providing for minor consent agreements; amending Minnesota Statutes 2004, sections 121A.22, subdivision 2; 144.335, subdivision 1; 144.343, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2004, section 144.3441.

 

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

 

 

Charron introduced:

 

H. F. No. 1922, A bill for an act relating to state government; authorizing Minnesota Computers for School to acquire surplus property for the state; amending Minnesota Statutes 2004, section 16C.23, subdivision 1.

 

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

 

 

Ellison, Clark, Abeler, Wagenius, Hornstein, Hausman, Mariani and Walker introduced:

 

H. F. No. 1923, A bill for an act relating to health; modifying the Lead Poisoning Prevention Act; amending Minnesota Statutes 2004, sections 144.9501, subdivision 9; 144.9504, subdivision 2.

 

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

 

 

Ellison introduced:

 

H. F. No. 1924, A bill for an act relating to taxation; imposing an excise tax on paint; amending Minnesota Statutes 2004, sections 270.101, subdivision 1; 289A.01; 289A.02, subdivision 5; 289A.12, by adding a subdivision; 289A.18, by adding a subdivision; 289A.19, by adding a subdivision; 289A.20, by adding a subdivision; 289A.56, subdivision 3; proposing coding for new law as Minnesota Statutes, chapter 297J.

 

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

 

 

Dean introduced:

 

H. F. No. 1925, A bill for an act relating to human services; making changes to licensing provisions; amending Minnesota Statutes 2004, sections 13.46, subdivision 4; 245A.02, subdivision 17; 245A.03, subdivisions 2, 3; 245A.04, subdivisions 7, 13; 245A.07, subdivisions 1, 3; 245A.08, subdivisions 2a, 5; 245A.14, by adding subdivisions; 245A.144; 245A.16, subdivision 4; 245A.18; 245B.02, subdivision 10; 245B.055, subdivision 7; 245B.07, subdivision 8; 245C.03, subdivision 1; 245C.07; 245C.08, subdivisions 1, 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.17, subdivision 2; 245C.21, subdivision 2; 245C.22, subdivisions 3, 4; 245C.24, subdivisions 2, 3; 245C.27, subdivision 1; 245C.28, subdivision 3; 626.556, subdivision 10i; 626.557, subdivision 9d.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 953

Knoblach introduced:

 

H. F. No. 1926, A bill for an act relating to public safety; expanding the burglary crime; amending Minnesota Statutes 2004, section 609.582, subdivisions 1, 2, 3.

 

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

 

 

Solberg; Anderson, I.; Sertich; Dill and Rukavina introduced:

 

H. F. No. 1927, A bill for an act relating to education finance; providing that certain school district refunding bonds are eligible for payments from taconite production tax revenues; amending Laws 1996, chapter 412, article 5, section 24.

 

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

 

 

Nelson, P., introduced:

 

H. F. No. 1928, A bill for an act relating to retirement; authorizing purchase of prior service credit in the correctional employees retirement plan of the Minnesota State Retirement System for prior corrections discipline unit supervisor, dental hygienist, and psychologist 2 service at the Minnesota Correctional Facility-Rush City.

 

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

 

 

Klinzing, Vandeveer, Gunther, Loeffler, Rukavina and Goodwin introduced:

 

H. F. No. 1929, A bill for an act relating to building officials; requiring adoption and application of certain competency and certification criteria; providing for continuing education; amending Minnesota Statutes 2004, section 16B.65, subdivisions 3, 7; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

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

 

 

Seifert introduced:

 

H. F. No. 1930, A bill for an act relating to state government; specifying conditions for state agencies leasing real property; amending Minnesota Statutes 2004, section 16B.24, subdivision 6.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 954

Heidgerken introduced:

 

H. F. No. 1931, A bill for an act relating to civil liability; defining the responsibilities of ski area operators and skiers; defining the rights and liabilities between skiers and between a skier and a ski area operator; prohibiting actions for injuries resulting from the inherent dangers and risks of skiing; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

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

 

 

Severson introduced:

 

H. F. No. 1932, A bill for an act relating to education; extending the garage lease levy for Independent School District No. 748, Sartell; amending Laws 2003, First Special Session chapter 9, article 4, section 29, as amended.

 

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

 

 

Cornish, Hackbarth, Ozment, Hoppe, Dill, Penas and Urdahl introduced:

 

H. F. No. 1933, A bill for an act relating to game and fish; modifying certain issuing fees; amending Minnesota Statutes 2004, section 97A.485, subdivision 6.

 

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

 

 

Wardlow introduced:

 

H. F. No. 1934, A bill for an act relating to retirement; supplemental pension and deferred compensation plans; clarifying certain exceptions; amending Minnesota Statutes 2004, section 356.24, subdivision 1.

 

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

 

 

Abeler, Opatz, Dorn, Smith and Brod introduced:

 

H. F. No. 1935, A bill for an act relating to health; providing that audiologists need not obtain hearing instrument dispenser certification; providing penalties; amending Minnesota Statutes 2004, sections 148.512, subdivision 6; 148.5194, by adding a subdivision; 148.5195, subdivision 3; 153A.13, subdivision 5; 153A.14, subdivisions 2a, 2i, 4, 4c; 153A.15, subdivision 1; 153A.20, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 148.

 

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

 

 

Fritz and Johnson, S., introduced:

 

H. F. No. 1936, A bill for an act relating to retirement; Minnesota State Retirement System, authorizing a transfer of service credit from the general plan to the correctional plan.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 955

McNamara and Demmer introduced:

 

H. F. No. 1937, A bill for an act relating to agriculture; changing certain provisions concerning plant pests, nursery stock, and wildflowers; amending Minnesota Statutes 2004, sections 18G.03, subdivision 1; 18H.02, subdivisions 21, 22, 23, 32, 34, by adding a subdivision; 18H.05; 18H.06; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18, subdivision 1; repealing Minnesota Statutes 2004, section 18H.02, subdivisions 15, 19.

 

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

 

 

Johnson, S.; Hoppe; Anderson, I., and Peterson, A., introduced:

 

H. F. No. 1938, A bill for an act relating to energy; granting authority to the Public Utilities Commission to assess utilities for revenues to develop an electronic filing and retrieval system.

 

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

 

 

Solberg introduced:

 

H. F. No. 1939, A bill for an act relating to local government; permitting a group health insurance arrangement of local governments to provide the same coverage to each participating governmental unit; amending Laws 1985, chapter 85, section 1.

 

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

 

 

Knoblach, Severson, Beard, Thissen, Hornstein, Juhnke and Opatz introduced:

 

H. F. No. 1940, A bill for an act relating to airports; requiring chapter on aviation planning in state transportation plan; creating advisory council on aviation planning; amending Minnesota Statutes 2004, section 174.03, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 174.

 

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

 

 

Brod, Beard, Charron and Samuelson introduced:

 

H. F. No. 1941, A bill for an act relating to motor vehicles; authorizing issuance of special Kids First license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Koenen introduced:

 

H. F. No. 1942, A bill for an act relating to agriculture; directing the commissioner of agriculture to conduct a study regarding a rail container load-out facility in or near Clara City.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 956

Davnie and Davids introduced:

 

H. F. No. 1943, A bill for an act relating to consumer protection; authorizing a consumer to place a security freeze on the consumer's credit report; providing notice of this right; providing protections against identity theft; providing Social Security number protections; providing credit monitoring; providing for the adequate destruction of personal records; providing civil and criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 13C; 325E.

 

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

 

 

Johnson, R., and Dorn introduced:

 

H. F. No. 1944, A bill for an act relating to education finance; authorizing St. Peter school district to use health and safety revenue for an energy recovery system.

 

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

 

 

Charron introduced:

 

H. F. No. 1945, A bill for an act relating to education; clarifying the duty of a charter school sponsor to monitor and evaluate the fiscal and student performance of the charter school; allowing the parties to a charter school contract to voluntarily terminate the contract; directing a study on evaluating charter schools and assessing fees; amending Minnesota Statutes 2004, section 124D.10, subdivisions 4, 6, 15, 23.

 

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

 

 

Peterson, S.; Dittrich; Moe; Greiling; Lillie; Mariani; Carlson and Hilstrom introduced:

 

H. F. No. 1946, A bill for an act relating to education finance; providing for an approved school finance system; appropriating money.

 

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

 

 

Peterson, S.; Dittrich; Mariani; Hortman; Greiling; Carlson and Hilstrom introduced:

 

H. F. No. 1947, A bill for an act relating to education; clarifying the learning opportunities available through desegregation/integration plans; amending Minnesota Statutes 2004, section 124D.86, subdivision 1.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 957

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

 

Senate Concurrent Resolution No. 6, A Senate concurrent resolution relating to adjournment for more than three days.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

SUSPENSION OF RULES

 

Paulsen moved that the rules be so far suspended that Senate Concurrent Resolution No. 6 be now considered and be placed upon its adoption. The motion prevailed.

 

 

SENATE CONCURRENT RESOLUTION NO. 6

 

A Senate concurrent resolution relating to adjournment for more than three days.

 

 

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

 

1. Upon their adjournments on Wednesday, March 23, 2005, the Senate and House of Representatives may each set its next day of meeting for Tuesday, March 29, 2005.

 

2. Each house consents to adjournment of the other house for more than three days.

 

 

Paulsen moved that Senate Concurrent Resolution No. 6 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 6 was adopted.

 

 

Mr. Speaker:

 

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

 

S. F. No. 1116, A bill for an act relating to natural resources; requiring lifejackets for children aboard watercraft; amending Minnesota Statutes 2004, section 86B.501, by adding a subdivision.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 958

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

 

Senators Chaudhary, Frederickson and Hottinger.

 

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

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Samuelson moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1116. The motion prevailed.

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 114, 1405, 471, 1315, 692 and 180.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 114, A bill for an act relating to highways; designating Purple Heart Memorial Highway; amending Minnesota Statutes 2004, section 161.14, subdivision 25, by adding a subdivision.

 

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

 

 

S. F. No. 1405, A bill for an act relating to occupational safety and health; modifying standard industrial classification list rulemaking provisions; amending Minnesota Statutes 2004, section 182.653, subdivision 9.

 

The bill was read for the first time.

 

Peppin moved that S. F. No. 1405 and H. F. No. 598, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 471, A bill for an act relating to regional development commissions; expanding the power to get and use real or personal property; amending Minnesota Statutes 2004, section 462.391, subdivision 12.

 

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

 

 

S. F. No. 1315, A bill for an act relating to elections; changing requirements for precinct summary statements; amending Minnesota Statutes 2004, section 204C.24, subdivision 1.

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 959

S. F. No. 692, A bill for an act relating to natural resources; deleting land from the Mississippi Recreational River Land Use District in Wright and Sherburne Counties.

 

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

 

 

S. F. No. 180, A bill for an act relating to education; providing for parent discretion in classroom placement of children of multiple birth; proposing coding for new law in Minnesota Statutes, chapter 120A.

 

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

 

 

CONSENT CALENDAR

 

 

S. F. No. 1210, A bill for an act relating to courts; clarifying the life span and interest rate of foreign judgments; providing for the docketing and payment in United States dollars of judgments on foreign-money claims; amending Minnesota Statutes 2004, sections 548.27; 548.46.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

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

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


 

 

The bill was passed and its title agreed to.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 960

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Thursday, March 17, 2005:

 

S. F. No. 1031; and H. F. Nos. 367 and 423.

 

 

CALENDAR FOR THE DAY

 

 

S. F. No. 1031 was reported to the House.

 

 

Seifert moved to amend S. F. No. 1031 as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 1104, the second engrossment:

 

"Section 1. [327.201] [STATE FAIR CAMPING AREA.]

 

Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner of health, the State Agricultural Society must operate and maintain a camping area on the State Fairgrounds during the State Fair, subject to the following conditions:

 

(1) recreational camping vehicles and tents, including their attachments, must be separated from each other and from other structures by at least seven feet;

 

(2) a minimum area of 300 square feet per site must be provided and the total number of sites must not exceed one site for every 300 square feet of usable land area; and

 

(3) each site must face a driveway at least 16 feet in width and each driveway must have unobstructed access to a public roadway.

 

Sec. 2. [327.202] [STATE FAIR LIVESTOCK AND MIDWAY EXHIBITORS.]

 

During the State Fair, a person may sleep in a vehicle in a designated State Fairgrounds parking lot if the vehicle displays a valid exhibitor parking permit."

 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 1031, A bill for an act relating to health; providing an exception to recreational camping area regulations for the State Fair; proposing coding for new law in Minnesota Statutes, chapter 327.

 

 

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


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 961

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

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

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


 

 

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

 

 

H. F. No. 367, A bill for an act relating to real property; providing for certain defeasible estates; modifying residential purchase agreement cancellations; amending the foreclosure advice notice; amending Minnesota Statutes 2004, sections 500.20, subdivision 2a; 513.56, subdivision 3; 513.57, subdivision 2; 559.217; 580.041, by adding subdivisions.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 962

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

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


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 423, A bill for an act relating to health; exempting hot tubs on rental houseboats from regulation as public pools; amending Minnesota Statutes 2004, section 144.1222, by adding a subdivision.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

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

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


 

 

The bill was passed and its title agreed to.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 963

MOTIONS AND RESOLUTIONS

 

 

Seifert moved that the name of Samuelson be added as an author on H. F. No. 130. The motion prevailed.

 

Huntley moved that the name of Hausman be added as an author on H. F. No. 153. The motion prevailed.

 

Rukavina moved that the name of Greiling be added as an author on H. F. No. 169. The motion prevailed.

 

Smith moved that the name of Moe be added as an author on H. F. No. 256. The motion prevailed.

 

Samuelson moved that her name be stricken as an author on H. F. No. 319. The motion prevailed.

 

Demmer moved that the name of Liebling be added as an author on H. F. No. 434. The motion prevailed.

 

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

 

Cox moved that the name of Hamilton be added as an author on H. F. No. 566. The motion prevailed.

 

Johnson, J., moved that the name of Moe be added as an author on H. F. No. 572. The motion prevailed.

 

Wilkin moved that the names of Magnus and Nelson, P., be added as authors on H. F. No. 588. The motion prevailed.

 

Solberg moved that the name of Moe be added as an author on H. F. No. 606. The motion prevailed.

 

Sieben moved that the name of Kahn be added as an author on H. F. No. 646. The motion prevailed.

 

Abrams moved that the name of Klinzing be added as an author on H. F. No. 711. The motion prevailed.

 

Samuelson moved that the name of Ruud be added as an author on H. F. No. 744. The motion prevailed.

 

Bradley moved that the name of Ruud be added as an author on H. F. No. 775. The motion prevailed.

 

Charron moved that his name be stricken as an author on H. F. No. 832. The motion prevailed.

 

Eastlund moved that the name of Moe be added as an author on H. F. No. 908. The motion prevailed.

 

Cox moved that the name of Ruud be added as an author on H. F. No. 981. The motion prevailed.

 

Powell moved that the name of Westerberg be added as an author on H. F. No. 1086. The motion prevailed.

 

Meslow moved that the names of Wardlow, Carlson and Bernardy be added as authors on H. F. No. 1183. The motion prevailed.

 

Demmer moved that the name of Simpson be added as an author on H. F. No. 1363. The motion prevailed.

 

Smith moved that the name of Moe be added as an author on H. F. No. 1423. The motion prevailed.

 

Brod moved that the name of Kahn be added as an author on H. F. No. 1575. The motion prevailed.


Journal of the House - 28th Day - Thursday, March 17, 2005 - Top of Page 964

Erhardt moved that the name of Kahn be added as an author on H. F. No. 1735. The motion prevailed.

 

Sykora moved that the name of Samuelson be added as an author on H. F. No. 1744. The motion prevailed.

 

Solberg moved that the name of Hilty be added as an author on H. F. No. 1750. The motion prevailed.

 

Hilstrom moved that the name of Bernardy be added as an author on H. F. No. 1763. The motion prevailed.

 

Cybart moved that the name of Sailer be added as an author on H. F. No. 1779. The motion prevailed.

 

Abrams moved that the names of Sieben and Nelson, P., be added as authors on H. F. No. 1789. The motion prevailed.

 

Peterson, A., moved that the names of Solberg and Kelliher be added as authors on H. F. No. 1798. The motion prevailed.

 

Olson moved that the names of Opatz and Hosch be added as authors on H. F. No. 1818. The motion prevailed.

 

Ruth moved that the name of Dill be added as an author on H. F. No. 1831. The motion prevailed.

 

Kahn moved that the name of DeLaForest be added as an author on H. F. No. 1854. The motion prevailed.

 

Hamilton moved that H. F. No. 678 be recalled from the Committee on Education Policy and Reform and be re-referred to the Committee on Education Finance. The motion prevailed.

 

Anderson, B., moved that H. F. No. 931 be recalled from the Committee on Transportation and be re-referred to the Committee on Local Government. The motion prevailed.

 

Howes moved that H. F. No. 1293 be recalled from the Committee on Transportation and be re-referred to the Committee on Local Government. The motion prevailed.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1116:

 

Samuelson, Hackbarth and Dill.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 21, 2005. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, March 21, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives