This Journal as a PDF document

The House of Representatives convened at 12:00 noon and was called to order by Steve Sviggum, Speaker of the House.

"America the Beautiful" was sung by Carlos Archuleta of the Minnesota Opera.

Prayer was offered by Representative Gary W. Kubly, District 15B, Granite Falls, Minnesota.

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

The roll was called and the following members were present:

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

A quorum was present.

Dempsey and Paymar were excused.

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

Anderson, I., was excused for the remainder of today's session.

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

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

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

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

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [299F.85] [CIGARETTE FIRE SAFETY.]

Subdivision 1. [SAFETY STANDARDS.] No person, firm, or corporation may manufacture, sell, or offer for sale or distribution in this state any cigarette unless the manufacturer of the cigarette has certified in writing to the state fire marshal that at least 75 percent of the product sold complies with the cigarette extinction method identified in the National Institute of Standards and Technology Technical Note 1436, dated January 2001.

Subd. 2. [CIGARETTE DEFINED.] For the purposes of this section, "cigarette" means any roll for smoking made wholly or in part of tobacco or of any other substance, irrespective of size and shape and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, and the wrapper or cover of which is made of paper or any other ingredient except tobacco.

Subd. 3. [PREEMPTION.] If federal fire-retardant cigarette standards are enacted that preempt this section, this section is repealed on the day those federal standards take effect.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 2004."

Delete the title and insert:

"A bill for an act relating to public safety; mandating fire-retardant cigarette standards; proposing coding for new law in Minnesota Statutes, chapter 299F."

With the recommendation that when so amended the bill pass.

The report was adopted. 

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

H. F. No. 1149, A bill for an act relating to government data; providing for classification and dissemination of educational data; amending Minnesota Statutes 2000, sections 13.32, subdivisions 1, 7, 8, and by adding a subdivision; 121A.75; 124D.10, subdivision 8; and 260B.171, subdivisions 3, 5, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 13.32, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section:

(a) "Assaultive or threatening conduct" means a student's willful conduct, consistent with section 121A.45, that:

(1) significantly disrupts the rights of other students to an education, the ability of school personnel to perform their duties, or school-sponsored extracurricular activities; or

(2) endangers the student, other students, or surrounding persons, including school district employees or school property.

(b) "Educational data" means data on individuals maintained by a public educational agency or institution or by a person acting for the agency or institution which relates to a student.

Records of instructional personnel which are in the sole possession of the maker thereof and are not accessible or revealed to any other individual except a substitute teacher, and are destroyed at the end of the school year, shall not be deemed to be government data.

Records of a law enforcement unit of a public educational agency or institution which are maintained apart from education data and are maintained solely for law enforcement purposes, and are not disclosed to individuals other than law enforcement officials of the jurisdiction are not educational data; provided, that education records maintained by the educational agency or institution are not disclosed to the personnel of the law enforcement unit. The University of Minnesota police department is a law enforcement agency for purposes of section 13.82 and other sections of Minnesota Statutes dealing with law enforcement records. Records of organizations providing security services to a public educational agency or institution must be administered consistent with section 13.861.

Records relating to a student who is employed by a public educational agency or institution which are made and maintained in the normal course of business, relate exclusively to the individual in that individual's capacity as an employee, and are not available for use for any other purpose are classified pursuant to section 13.43.

(b) (c) "Gang activity" means the school has documented that the student exhibits at least three of the following gang identification criteria developed by the criminal gang oversight council under section 299A.64, subdivision 2:

(1) admits gang membership;

(2) is observed to associate on a regular basis with known gang members;

(3) has tattoos indicating gang membership;

(4) wears gang symbols to identify with a specific gang;

(5) appears in a photograph with known gang members or appears in a photograph using gang-related handsigns; 

(6) is named in a gang document, on a target list, or in gang-related graffiti;

(7) is identified as a gang member by a reliable source where the reliability of the source is described;

(8) is arrested or detained in the company of identified gang members or their associates;

(9) corresponds with known gang members or creates or receives correspondence about gang activities; or

(10) writes gang graffiti on walls, books, or paper.

(d) "Juvenile justice system" includes criminal justice agencies and the judiciary when involved in juvenile justice activities. means:

(1) a judge of the juvenile court;

(2) a member of court services staff under section 13.84, subdivision 1;

(3) a county attorney;

(4) a law enforcement officer; or

(5) an individual designated by the court to perform studies or other duties.

(e) "Principal" means the principal or other person having general administrative control and supervision of a school.

(c) (f) "Student" means an individual currently or formerly enrolled or registered, applicants for enrollment or registration at a public educational agency or institution, or individuals who receive shared time educational services from a public agency or institution.

(d) (g) "Substitute teacher" means an individual who performs on a temporary basis the duties of the individual who made the record, but does not include an individual who permanently succeeds to the position of the maker of the record.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 2. Minnesota Statutes 2000, section 13.32, subdivision 7, is amended to read:

Subd. 7. [USES OF DATA.] School officials who receive data on juveniles, as authorized under sections section 260B.171 and 260C.171, may use and share that data within the school district or educational entity as necessary to protect persons and property or to address the educational and other needs of students as provided in section 121A.75. A school district, its agents, and employees who use and share this data in good faith are immune from civil or criminal liability that might otherwise result from their actions.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 3. Minnesota Statutes 2000, section 13.32, subdivision 8, is amended to read:

Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon request, the following education data shall be disclosed under This subdivision governs the release of educational data to the juvenile justice system for purposes of subdivision 3, clause (i), to the juvenile justice system:. A member of the juvenile justice system must direct a

request under this subdivision to the superintendent of the student's school district or the chief administrative officer of the student's school, who must transmit the request to the principal of the student's school. The principal must respond to the request and perform the duties indicated under this subdivision.

(b) A principal or a member of the juvenile justice system may transmit electronically a request or a response to a request for data under this subdivision if the certification of a data request: (1) includes the digital signature of the requesting member of the juvenile justice system; and (2) indicates adequate procedures are in place to prevent unauthorized access to the data.

(c) The release to the juvenile justice system of the data listed in this paragraph effectively serves, prior to adjudication, the needs of the student whose records are released. Upon receiving a written request, the principal must provide the following data to a member of the juvenile justice system, to the extent the school maintains the data:

(1) a student's full name, home address, telephone number, and date of birth;

(2) a student's school schedule, and attendance record, and photographs, if any; and parents' names,;

(3) language, other than English, used at home by the student;

(4) directory information not included in this list, as defined in Code of Federal Regulations, title 34, section 99.3, notwithstanding parental objection to disclosure; and

(5) the names of the student's parents or guardians and their home addresses, and telephone numbers.

(d) A member of the juvenile justice system may ask the principal whether the data listed in this paragraph exists if the request: (1) indicates the data that are the subject of the inquiry; and (2) explains why access to information about the data is needed to effectively serve the student. If the principal receives an explanation, the principal must indicate whether the school maintains data in its records that document the following activity or behavior:

(1) a student's receipt of medication at school under section 121A.22;

(2) a student's participation in an individual education program under Code of Federal Regulations, title 34, sections 300.500 to 300.529, if the student is accused of committing a crime;

(b) In addition, the following data on behavior by a student who is on probation may be disclosed under subdivision 3, clause (i) or (1), to the juvenile justice system:

(1) (3) use of a controlled substance, alcohol, or tobacco;

(2) (4) assaultive or threatening conduct that could result in dismissal from school under section 121A.45, subdivision 2, clause (b) or (c) as defined in subdivision 1;

(3) (5) possession or use of weapons or look-alike weapons;

(4) (6) participation in gang activity as defined by the criminal gang oversight council under section 299A.64, in subdivision 2, paragraph (b) 1;

(7) participation in bias-motivated acts;

(5) (8) theft; or

(6) (9) vandalism or other damage to property. 

Any request for access to data under this paragraph must contain an explanation of why access to the data is necessary to serve the student or to protect students or staff.

(e) A principal is not required to create data under this subdivision. Information provided in response to a data request under paragraph (d) shall indicate only whether the data described in paragraph (d) exists. The principal is not authorized under paragraph (d) to disclose the actual data or other information contained in the education records. A principal is not required to provide data that are protected by a court order. A principal must respond to a data request within ten days.

(c) (f) A superintendent of a school district or chief administrative officer of a school principal who discloses information about a student to the juvenile justice system under this paragraph subdivision shall, to the extent permitted by federal law, notify the student's parent or guardian of the disclosure.

(d) (g) Nothing in this subdivision shall limit the disclosure of educational data pursuant to court order.

(h) A school district, its agents, and employees who provide data in good faith under this subdivision are not liable for compensatory or exemplary damages or an award of attorney fees in an action under section 13.08 or other law, or for a penalty under section 13.09.

(i) Section 13.03, subdivision 4, applies to data that are shared under this subdivision with a government entity. If data are shared with a member of the juvenile justice system who is not a government entity, the person receiving the shared data must treat the data consistent with the requirements of this chapter applicable to a government entity.

(j) A member of the juvenile justice system who falsely certifies a request for data under this section is subject to the penalties under section 13.09.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 4. Minnesota Statutes 2000, section 13.32, is amended by adding a subdivision to read:

Subd. 9. [FORMS.] To make a data request under subdivision 8, paragraph (d), a member of the juvenile justice system must use the following form:

REQUEST FOR INFORMATION

TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Superintendent of school district

or chief administrative officer of school)

FROM: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Requester's name/agency)

STUDENT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

BASIS FOR REQUEST

. . . Juvenile delinquency investigation/prosecution

. . . Child protection assessment/investigation

. . . Investigation/filing of CHIPS or delinquency petition

REASON FOR REQUEST (requester must describe why information regarding existence of the data marked below is necessary to effectively serve the student). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RESPONSE TO REQUEST

The school must indicate whether it has data on the student that document any activity or behavior marked by the requester.

INFORMATION REQUESTED (mark all that apply) RESPONSE

Indicate whether you have data that document the student's: (yes or no)

. . . receipt of medication at school according to Minnesota Statutes, section 121A.22 . . . .

. . . participation in an individualized education program under Code of Federal Regulations,

title 34, section 300.500 et seq., if it is alleged that the student has committed a crime . . . .

. . . use of a controlled substance, alcohol, or tobacco . . . .

. . . assaultive or threatening conduct as defined in Minnesota Statutes, section 13.32,

subdivision 1 . . . .

. . . possession or use of weapons or look-alike weapons . . . .

. . . participation in gang activities as defined in Minnesota Statutes, section 13.32,

subdivision 1 . . . .

. . . participation in bias-motivated acts . . . .

. . . theft . . . .

. . . vandalism and damage to property . . . .

CERTIFICATION: The undersigned certifies that the undersigned is a member of the juvenile justice system as defined by Minnesota Statutes, section 13.32, subdivision 1. The requested data are needed by the juvenile justice system so it may effectively serve, prior to adjudication, the student whose records are released. The undersigned will not disclose the information received to any other party, except as provided under state law, without prior written consent as required by Code of Federal Regulations, title 34, section 99.38(b). The undersigned further certifies that the undersigned understands that by signing this request, the undersigned is subject to the penalties in Minnesota Statutes, section 13.09.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature/Title

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later. 

Sec. 5. Minnesota Statutes 2000, section 121A.75, is amended to read:

121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section "principal" means a principal or other person having general administrative control and supervision of a school.

(b) For purposes of this section, "school" means a public school under section 120A.22, subdivision 4; a nonpublic school under section 120A.22, subdivision 4, that elects to comply with this section; and a charter school under section 124D.10, but does not mean a home school.

Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a disposition order under section 260B.171, subdivision 3, the superintendent of the student's school district or chief administrative officer of the student's school must immediately transmit the order to the principal of the school where the student is in attendance. The principal must place the disposition order in the student's permanent education record. The principal must also immediately notify any counselor directly supervising or reporting on the behavior or progress of the student. In addition, the principal must immediately notify any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the principal believes needs the data to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The principal may also notify other district employees, substitutes, and volunteers who are in direct contact with the student, if they determine these individuals need the data to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. When provided in the disposition order, the notice given under this paragraph by the principal must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information.

(c) (b) Information received under this subdivision is private data on individuals as defined in section 13.32 and is received for the limited purpose of serving the educational needs of the student and protecting students or staff. The data may not be further disseminated by the teacher, counselor, staff member, administrator, substitute, or volunteer;, except as necessary to serve the student, to protect students or staff, or as otherwise required by law, and only to the following persons:

(1) the student; or

(2) the student's parent or guardian;

(3) law enforcement officers; or

(4) the student's probation officer.

(d) (c) If a student is removed from school as part of the disposition order, the superintendent of the student's school district or chief administrative officer of the student's school must maintain the copy of the order in a secure file and shall notify the principal when the student is returned to school. If the student is returned to a different school district or school, the student's probation officer must send a copy of the disposition order to the superintendent of the new school district or the chief administrative officer of the new school.

(e) (d) The disposition order must be included if the student's permanent education record is released to another school district or educational entity to which the student is transferring under section 120A.22, subdivision 7.

(f) (e) Notwithstanding section 138.17, a disposition order received under section 260B.171, subdivision 3, paragraph (a), must be destroyed when the student graduates from school or at the end of the school year in which the student reaches age 23, whichever is earlier. A disposition order received under section 260B.171, subdivision 3, paragraph (b), must be destroyed when the student is discharged from probation. 

Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Upon receiving a law enforcement agency notice required by section 260B.171, subdivision 5, the superintendent of the student's school district or chief administrative officer of the student's school must immediately notify the principal of the school that the student attends. The principal must place the notice in the student's permanent education record. The principal must immediately notify any teacher, counselor, staff member, or administrator directly supervising the student whom the principal believes needs the data to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The principal also may notify a substitute or volunteer who is in direct contact with the student if the principal determines this individual needs the data to work with the student in an appropriate manner or to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. When provided in the peace officer notice, the principal's notice must identify the student and describe the alleged offense.

(b) Data received under this subdivision are private data on individuals under section 13.32 and are received for the limited purpose of serving the student's educational needs and protecting students or staff. The teacher, counselor, staff member, administrator, substitute, or volunteer must not further disseminate the data, except to communicate with the student or the student's parent or guardian as needed to serve the student, protect students or staff, or as otherwise required by law.

(c) The principal must include the notice in the student's permanent education record if that record is released under section 120A.22, subdivision 7, to another school district or educational entity to which the student is transferring.

(d) If the county attorney determines not to proceed with a petition alleging any offense in section 260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or directs the student into a diversion or mediation program, the county attorney must notify the superintendent of the student's school district, or the chief administrative officer of the school that the student attends. The notice must contain the name of the student and a summary of the resolution of the case. The superintendent or chief administrative officer must send the notice to the principal of the school that the student attends. The principal must delete the peace officer's report and notice from the student's permanent record and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received data from the peace officer notice.

(e) If the juvenile court makes a decision on a petition that alleges any offense in section 260B.171, subdivision 3, paragraph (a), clauses (1) to (3), and the decision affects a student and is not a disposition order, the court must notify the superintendent of the school district or chief administrative officer of the school that the student attends of the decision. The superintendent or chief administrative officer must notify the principal of the school where the student attends. The principal must delete the peace officer's report and notice from the student's permanent record and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received data from the peace officer notice.

(f) Notwithstanding section 138.17, a principal must destroy data from a law enforcement agency notice when the student graduates from high school or at the end of the academic year when the student reaches age 23, whichever date is earlier.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 6. Minnesota Statutes 2001 Supplement, 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 home-schooled.

(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 363 and section 121A.04.

(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 children, families, and learning, 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, 121A.75, and 260B.171, subdivisions 3 and 5.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 7. Minnesota Statutes 2000, section 260B.171, subdivision 3, is amended to read:

Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a juvenile is enrolled in school, the juvenile's probation officer shall transmit a copy of the court's disposition order to the superintendent of the juvenile's school district or the chief administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent for committing an act on the school's property or an act:

(1) that would be a violation of section 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter); 609.205 (second-degree manslaughter); 609.21 (criminal vehicular homicide and injury); 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); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 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); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or 609.749 (harassment and stalking), if committed by an adult; 

(2) that would be a violation of section 152.021 (first-degree controlled substance crime); 152.022 (second-degree controlled substance crime); 152.023 (third-degree controlled substance crime); 152.024 (fourth-degree controlled substance crime); 152.025 (fifth-degree controlled substance crime); 152.0261 (importing a controlled substance); or 152.027 (other controlled substance offenses), if committed by an adult; or

(3) that involved the possession or use of a dangerous weapon as defined in section 609.02, subdivision 6.

When a disposition order is transmitted under this subdivision, the probation officer shall notify the juvenile's parent or legal guardian that the disposition order has been shared with the juvenile's school.

(b) In addition, the juvenile's probation officer may transmit a copy of the court's disposition order to the superintendent of the juvenile's school district or the chief administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent for offenses not listed in paragraph (a) and placed on probation. The probation officer shall notify the superintendent or chief administrative officer when the juvenile is discharged from probation.

(c) The disposition order must be accompanied by a notice to the school that the school may obtain additional information from the juvenile's probation officer with the consent of the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained, shared, or released only as provided in section 121A.07 121A.75.

(d) The juvenile's probation officer shall maintain a record of disposition orders released under this subdivision and the basis for the release.

(e) No later than September 1, 2002, the criminal and juvenile justice information policy group, in consultation with representatives of probation officers and educators, shall prepare standard forms for use by juvenile probation officers in forwarding information to schools under this subdivision and in maintaining a record of the information that is released. The group shall provide to the legislature by January 15, 2003, copies of all forms and procedures it develops under this paragraph.

(f) As used in this subdivision, "school" means a charter school under section 124D.10 or a school as defined in section 120A.22, subdivision 4, except a home school.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 8. Minnesota Statutes 2000, section 260B.171, subdivision 5, is amended to read:

Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except for records relating to an offense where proceedings are public under section 260B.163, subdivision 1, peace officers' records of children who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 18 years of age or older and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or guardian unless disclosure of a record would interfere with an ongoing investigation, (5) to the Minnesota crime victims reparations board as required by section 611A.56, subdivision 2, clause (f), for the purpose of processing claims for crime victims reparations, or (6) as otherwise provided in this subdivision. Except as provided in paragraph (c), no photographs of a child taken into custody may be taken without the consent of the juvenile court unless the child is alleged to have violated section 169A.20. Peace officers' records containing data about children who are victims of crimes or witnesses to crimes must be administered consistent with section 13.82, subdivisions 2, 3, 4, and 10. Any person violating any of the provisions of this subdivision shall be guilty of a misdemeanor. 

In the case of computerized records maintained about juveniles by peace officers, the requirement of this subdivision that records about juveniles must be kept separate from adult records does not mean that a law enforcement agency must keep its records concerning juveniles on a separate computer system. Law enforcement agencies may keep juvenile records on the same computer as adult records and may use a common index to access both juvenile and adult records so long as the agency has in place procedures that keep juvenile records in a separate place in computer storage and that comply with the special data retention and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law enforcement agencies if the exchanged information is pertinent and necessary for law enforcement purposes.

(c) A photograph may be taken of a child taken into custody pursuant to section 260B.175, subdivision 1, clause (b), provided that the photograph must be destroyed when the child reaches the age of 19 years. The commissioner of corrections may photograph juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles authorized by this paragraph may be used only for institution management purposes, case supervision by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders. The commissioner shall maintain photographs of juveniles in the same manner as juvenile court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained physical harm or economic loss as a result of the traffic accident. Identifying information on juveniles who are parties to traffic accidents may be disclosed as authorized under section 13.82, subdivision 4, and accident reports required under section 169.09 may be released under section 169.09, subdivision 13, unless the information would identify a juvenile who was taken into custody or who is suspected of committing an offense that would be a crime if committed by an adult, or would associate a juvenile with the offense, and the offense is not an adult court traffic offense under section 260B.225.

(e) The head of a law enforcement agency or a person specifically delegated the duty by the head of the law enforcement agency shall notify the principal superintendent of the student's school district or chief administrative officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an offense that would be a crime if committed as an adult, that the victim of the offense is a student or staff member of the school, and that notice to the school is reasonably necessary for the protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime if committed by an adult, regardless of whether the victim is a student or staff member of the school.

A law enforcement agency is not required to notify the school under this paragraph if the agency determines that notice would jeopardize an ongoing investigation. Notwithstanding section 138.17, data from a notice received from a law enforcement agency under this paragraph must be destroyed when the juvenile graduates from the school or at the end of the academic year when the juvenile reaches age 23, whichever date is earlier. For purposes of this paragraph, "school" means a public or private elementary, middle, or secondary, or charter school.

(f) In any county in which the county attorney operates or authorizes the operation of a juvenile prepetition or pretrial diversion program, a law enforcement agency or county attorney's office may provide the juvenile diversion program with data concerning a juvenile who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social services agency, peace officer records of children who are or may be delinquent or who may be engaged in criminal acts may be disseminated to the agency to promote the best interests of the subject of the data. 

(h) Upon written request, the prosecuting authority shall release investigative data collected by a law enforcement agency to the victim of a criminal act or alleged criminal act or to the victim's legal representative, except as otherwise provided by this paragraph. Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under section 13.821; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in unlawful activities.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later.

Sec. 9. Minnesota Statutes 2000, section 260B.171, is amended by adding a subdivision to read:

Subd. 9. [TRAINING RESPONSIBILITIES.] The office of the court administrator is responsible for training all judges and court services personnel in their responsibilities under subdivision 3 and section 13.32. The department of public safety is responsible for training all law enforcement personnel in their responsibilities under subdivision 5 and section 13.32.

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies to the 2002-2003 school year and later."

Delete the title and insert:

"A bill for an act relating to government data; providing for classification and dissemination of educational data; amending Minnesota Statutes 2000, sections 13.32, subdivisions 1, 7, 8, by adding a subdivision; 121A.75; 260B.171, subdivisions 3, 5, by adding a subdivision; Minnesota Statutes 2001 Supplement, section 124D.10, subdivision 8."

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

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 1763, A bill for an act relating to drainage; allowing transfer of a public drainage system to a water management authority; defining water management authority; amending Minnesota Statutes 2000, section 103E.005, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103E.

Reported the same back with the following amendments:

Page 1, after line 8, insert:

"Section 1. Minnesota Statutes 2000, section 103E.005, subdivision 16, is amended to read:

Subd. 16. [MUNICIPALITY.] "Municipality" means a statutory or home rule charter city or a town having urban powers under section 368.01, subdivision 1 or 1a. Municipality also means a water management authority to which a portion of a drainage system is transferred under section 103E.812 for purposes of sections 103E.315, 103E.611, and 103E.615." 

Page 5, line 34, before the period, insert ", except that if only a portion of a drainage system is transferred, the water management authority may be assessed for improvements under section 103E.215 or repairs under sections 103E.701 to 103E.711 in the manner provided under sections 103E.315 and 103E.601 to 103E.615"

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 5, after "103E.005," insert "subdivision 16,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2492, A bill for an act relating to insurance; regulating the reporting of insurance information; prohibiting credit scoring; amending Minnesota Statutes 2000, sections 72A.20, by adding a subdivision; 72A.491, subdivision 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 72A.20, is amended by adding a subdivision to read:

Subd. 36. [LIMITATIONS ON THE USE OF CREDIT INFORMATION.] (a) No insurer may reject, cancel, or nonrenew a policy of motor vehicle insurance as defined under section 65B.01 or a policy of homeowner's insurance as defined under section 65A.27, for any person in whole or in part on the basis of credit information, including a credit reporting product known as a "credit score" or "insurance score," without consideration of any other applicable underwriting factor.

(b) If credit information, credit scoring, or insurance scoring is to be used in underwriting, the insurer must disclose to the consumer that credit information will be obtained and used as part of the insurance underwriting process.

(c) Insurance inquiries and nonconsumer-initiated inquiries must not be used as part of the insurance credit scoring or insurance scoring process.

(d) If a credit score, insurance score, or other credit information relating to a consumer, with respect to the types of insurance referred to in paragraph (a), is adversely impacted or cannot be generated because of the lack of a credit history, the insurer must exclude the use of credit as a factor in underwriting.

(e) Insurers must provide reasonable credit exemptions based upon prior credit histories for persons whose credit information is unduly influenced by extraordinary life events, such as catastrophic injury or the death of a spouse.

(f) A credit scoring or insurance scoring methodology must not be used by an insurer if the credit scoring or insurance scoring methodology incorporates the gender, race, nationality, or religion of an insured or applicant. 

(g) Insurers that employ a credit scoring or insurance scoring system in underwriting must have on file with the commissioner:

(1) the insurer's credit scoring or insurance scoring methodology; and

(2) information that supports the insurer's use of a credit score or insurance score.

Information provided by an insurer to the commissioner under this subdivision is trade secret information under section 13.37."

Amend the title as follows:

Page 1, line 2, delete everything after the semicolon

Page 1, delete line 3 and insert "limiting the use of credit information;"

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

Page 1, line 5, delete "; 72A.491, subdivision 5"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2523, A bill for an act relating to rulemaking; making rules effective only after approval by the governor; requiring constitutional officers to sign their own rules to make them take effect; removing the governor's veto authority over rules; amending Minnesota Statutes 2000, section 14.18, subdivision 1; repealing Minnesota Statutes 2000, section 14.05, subdivision 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 14.05, is amended by adding a subdivision to read:

Subd. 7. [GOVERNOR APPROVAL.] In addition to complying with other requirements of this chapter, a rule is effective only after it is signed by the governor, or if the rule is adopted by a constitutional officer other than the governor, when signed by that constitutional officer. The governor or a constitutional officer may sign a rule, but provide that a severable portion of the rule does not take effect. The signature of the governor or other constitutional officer approving the rule must appear on the adopted rule, or on an attachment to the rule. The agency adopting the rule may not publish the rule in the State Register unless the governor or other constitutional officer has signed the rule. If the governor or other constitutional officer does not sign the rule within 14 days of receiving it from the secretary of state or the agency, the rule does not take effect.

Sec. 2. [REPEALER.]

Minnesota Statutes 2001 Supplement, section 14.05, subdivision 6, is repealed." 

Delete the title and insert:

"A bill for an act relating to rulemaking; making rules effective only after approval by the governor or a constitutional officer, as appropriate; removing the governor's veto authority over rules; amending Minnesota Statutes 2000, section 14.05, by adding a subdivision; repealing Minnesota Statutes 2001 Supplement, section 14.05, subdivision 6."

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

The report was adopted.

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

H. F. No. 2635, A bill for an act relating to human services; modifying consent requirements for billing medical assistance and MinnesotaCare for covered individual education plan services; amending Minnesota Statutes 2000, section 125A.21, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 20, delete "eligible for" and insert "enrolled in"

Page 3, line 16, delete "eligible for" and insert "enrolled in"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2662, A bill for an act relating to crime prevention; adopting a new compact for interstate adult offender supervision and repealing the existing compact; creating an advisory council on interstate adult offender supervision; requiring the appointment of a compact administrator; providing penalties for persons residing in this state who are in violation of the interstate compact for adult offender supervision; appropriating money; amending Minnesota Statutes 2000, section 243.161; proposing coding for new law in Minnesota Statutes, chapter 243; repealing Minnesota Statutes 2000, section 243.16.

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

The report was adopted.

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

H. F. No. 2695, A bill for an act relating to retirement; correcting Minneapolis firefighters relief association provisions; amending certain administrative procedures; amending Minnesota Statutes 2001 Supplement, sections 423C.01, subdivisions 17, 25; 423C.03, subdivisions 4, 6; 423C.04, subdivision 4; 423C.05, subdivisions 7, 9.

Reported the same back with the following amendments: 

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2001 Supplement, section 423C.01, subdivision 17, is amended to read:

Subd. 17. [EXCESS INVESTMENT INCOME.] "Excess investment income" means the amount, if any, by which the average time-weighted total rate of return earned by the special fund in the most recent prior five fiscal years has exceeded the actual average percentage increase in the current monthly salary of a first grade firefighter in the most recent prior five fiscal year years plus two percent. The excess investment income must be expressed as a dollar amount and may not exceed one percent of the total assets of the special fund, except when the actuarial value of assets of the special fund, according to the most recent annual actuarial valuation prepared in accordance with sections 356.215 and 356.216, is greater than 102 percent of its actuarial accrued liabilities, in which case the amount must not exceed 1.5 percent of the assets of the special fund.

Sec. 2. Minnesota Statutes 2001 Supplement, section 423C.01, subdivision 25, is amended to read:

Subd. 25. [SURVIVING SPOUSE MEMBER.] "Surviving spouse member" means a person who was:

(1) legally married to, and residing with, an active, deferred, or retired member both during the time the member was regularly entered on the payroll and serving on active duty in the fire department and at the time of the member's death;

(2) not in a common law marriage; and

(3) (2) in the event the person was married to a retired or deferred member, married to that retired or deferred member for at least two years one year prior to the member's discharge from the fire department.

Sec. 3. Minnesota Statutes 2001 Supplement, section 423C.03, subdivision 4, is amended to read:

Subd. 4. [BOND FOR EXECUTIVE SECRETARY AND TREASURER.] (a) The executive secretary and the treasurer must furnish to the relief association a corporate bond for the faithful performance of the duties of that office in an amount as the board of trustees from time to time may determine, subject to the minimum amount specified in section 69.051, subdivision 2.

(b) The relief association must pay the premiums on these bonds from the general special fund of the relief association.

Sec. 4. Minnesota Statutes 2001 Supplement, section 423C.03, subdivision 6, is amended to read:

Subd. 6. [ADDITIONAL BOARD POWERS.] (a) In addition to the powers granted the board by this chapter, chapter 317A, other applicable state and federal law, and its articles and bylaws, the board shall authorize and create a board of examiners.

(b) The board of examiners shall investigate and report on all applications for disability pensions and make recommendations as to the amount to be paid to each applicant; investigate and report on all disability pensioners and make recommendations as to the amount of pension to be paid to them, from year to year; and investigate and report on all applications for service pensions and claims for relief. This board shall consist of a competent physician selected by the association and at least three members of the board of the relief association on active duty with the fire department.

Sec. 5. Minnesota Statutes 2001 Supplement, section 423C.04, subdivision 1, is amended to read:

Subdivision 1. [DUTIES.] The association shall create, maintain, and administer the funds and accounts in this section. The association shall have full and permanent charge and the responsibility for the proper management and control of all funds that may come into its possession under this section. The sources of revenue and authorized disbursements of each fund and account are governed by this section. 

Sec. 6. Minnesota Statutes 2001 Supplement, section 423C.04, subdivision 4, is amended to read:

Subd. 4. [HEALTH INSURANCE ACCOUNTS.] Notwithstanding any law to the contrary, special fund contributions of active members of the association with at least 25 years of service made after the 25th year of service must be deposited in a separate account and used to pay health care costs of the individual member upon retirement. The board shall adopt rules regarding the frequency and amounts of distributions from these accounts. A member with an account established pursuant to this section is entitled, upon retirement or disability, to receive periodic distributions from the account, in the amount and with the frequency specified by the retiring member consistent with the board's rules.

Sec. 7. Minnesota Statutes 2001 Supplement, section 423C.05, subdivision 5, is amended to read:

Subd. 5. [SERVICE-RELATED PERMANENT DISABILITY PENSION.] An active member who becomes permanently disabled as the result of a service-related disease or injury shall, upon application and approval of the board, be entitled to a pension of 42 41 units or in the amount determined under subdivision 8. The application for service-related permanent disability shall include a certificate from a qualified medical professional setting forth the permanent nature of the disability or disease and that it was service related. The board shall utilize the board of examiners established pursuant to section 423C.03, subdivision 6, to investigate and make recommendations on an application for a pension pursuant to this subdivision.

Sec. 8. Minnesota Statutes 2001 Supplement, section 423C.05, subdivision 6, is amended to read:

Subd. 6. [NON-SERVICE-RELATED PERMANENT DISABILITY PENSION.] An active member who, by sickness or accident, becomes permanently disabled from performing and unable to perform firefighter duties for the fire department due to non-service-related disease or injury shall be entitled to a permanent disability pension. No allowance for disability shall be made unless notice of the disability and an application for benefits is made by or on behalf of the disabled member within 90 days after the beginning of the disability. This application shall include a certificate from a qualified medical professional setting forth the cause, nature, and extent of the disability. The board shall utilize the board of examiners established pursuant to section 423C.03, subdivision 6, to investigate and report on an application for benefits pursuant to this section and make recommendations as to eligibility and the benefit amount to be paid. A member entitled to a disability pension under this subdivision shall receive benefits in the amount and manner determined by the board, not to exceed 41 units.

Sec. 9. Minnesota Statutes 2001 Supplement, section 423C.05, subdivision 7, is amended to read:

Subd. 7. [SURVIVING SPOUSE AND DEPENDENT PENSIONS.] Notwithstanding any other law to the contrary, when a service pensioner, disability pensioner, deferred pensioner, or active member of the association dies, recipient beneficiaries are entitled to a pension or pensions, as follows:

(1) to a surviving spouse, a pension of 22 units per month;

(2) a surviving spouse of a deceased service pensioner, disability pensioner, or deferred pensioner who is otherwise not qualified for a pension may receive a benefit if the surviving spouse was legally married to the decedent for a period of two years and was residing with the decedent at the time of death. The surviving spouse benefit provided in this clause is the same as that provided to those who meet the definition of surviving spouse under section 423C.01, subdivision 25, except that if the surviving spouse is younger than the decedent, the surviving spouse benefit must be actuarially equivalent to a surviving spouse benefit that would have been paid to the member's spouse had the member been married to a person of the same or greater age than the member's age prior to retirement. A benefit paid in this circumstance may be less than 17 units notwithstanding the minimum set out in this clause subdivision; 

(3) to each dependent, if the dependent's other parent is living, a pension not to exceed eight units per month. Dependents between the ages of 18 and 22 may continue to receive a pension upon board determination that the dependent complies with the requirements of section 423C.01, subdivision 11, and applicable association bylaws, except that if the dependent marries before the age of 22 years the pension shall cease as of the date of the marriage. The board shall make the final determination with respect to eligibility for benefits and compliance with section 423C.01, subdivision 11;

(4) each dependent of a deceased member after the death of the dependent's other parent, or in the event the other parent predeceases the member, is entitled to receive a pension in the amount the board deems necessary to properly support each dependent until the dependent reaches the age of not less than 16 and not more than 18 years. Dependents between the ages of 18 and 22 may be entitled to continue receiving a pension upon board determination that the dependent complies with the requirements of section 423C.01, subdivision 11, and applicable association bylaws, except that if the dependent marries before the age of 22 years the pension shall cease as of the date of the marriage. The board shall make the final determination with respect to eligibility for benefits and compliance; and

(5) the total pension payable to a surviving spouse and all dependents of a deceased member shall in no event exceed 41 42 units per month.

Sec. 10. Minnesota Statutes 2001 Supplement, section 423C.05, subdivision 9, is amended to read:

Subd. 9. [ALTERNATIVE SERVICE PENSION FOR UNMARRIED MEMBER.] A retired member submitting an application for a service pension who is was not legally married on September 1, 1997, and remains remained unmarried on the effective date of Laws 2001, First Special Session chapter 10, article 15 October 25, 2001, may, if the member had obtained 25 years of service credit on or before October 25, 2001, select a service pension of 42.3 units in lieu of a service pension under subdivision 2.

Sec. 11. [INTENT.]

Laws 2001, First Special Session chapter 10, article 15, other than section 5, subdivision 9, of that article, was intended to recodify the prior local laws applicable to the Minneapolis firefighters relief association as they then existed. The provisions in sections 1, 2, 6, 8, and 9 are intended to clarify eligibility for various benefits and to correct provisions of Laws 2001, First Special Session chapter 10, article 15. If any provision of this act or Laws 2001, First Special Session chapter 10, article 15, other than section 5, subdivision 9, of that article, result in a member receiving a benefit that the member would not have otherwise been entitled to receive prior to the effective date of Laws 2001, First Special Session chapter 10, article 15, the secretary of the Minneapolis firefighters relief association shall notify the executive director of the legislative commission on pensions and retirement and the mayor of the city of Minneapolis.

Sec. 12. [EFFECTIVE DATE.]

The provisions of sections 1, 2, 7, 9, and 10 are effective retroactive to October 25, 2001. The provisions of sections 3 to 6 and 8 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to retirement; correcting Minneapolis firefighters relief association provisions; amending certain administrative procedures; amending Minnesota Statutes 2001 Supplement, sections 423C.01, subdivisions 17, 25; 423C.03, subdivisions 4, 6; 423C.04, subdivisions 1, 4; 423C.05, subdivisions 5, 6, 7, 9."

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

The report was adopted. 

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

H. F. No. 2726, A bill for an act relating to motor vehicles; regulating dealer transfers; amending Minnesota Statutes 2000, section 168A.11, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2001 Supplement, section 168.013, subdivision 1a, is amended to read:

Subd. 1a. [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger automobiles as defined in section 168.011, subdivision 7, and hearses, except as otherwise provided, the tax shall be $10 plus an additional tax equal to 1.25 percent of the base value.

(b) Subject to the classification provisions herein, "base value" means the manufacturer's suggested retail price of the vehicle including destination charge using list price information published by the manufacturer or determined by the registrar if no suggested retail price exists, and shall not include the cost of each accessory or item of optional equipment separately added to the vehicle and the suggested retail price.

(c) If the manufacturer's list price information contains a single vehicle identification number followed by various descriptions and suggested retail prices, the registrar shall select from those listings only the lowest price for determining base value.

(d) If unable to determine the base value because the vehicle is specially constructed, or for any other reason, the registrar may establish such value upon the cost price to the purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales or use tax or any local sales or other local tax.

(e) The registrar shall classify every vehicle in its proper base value class as follows:

FROM TO

$0 $199.99

200 399.99

and thereafter a series of classes successively set in brackets having a spread of $200 consisting of such number of classes as will permit classification of all vehicles.

(f) The base value for purposes of this section shall be the middle point between the extremes of its class.

(g) The registrar shall establish the base value, when new, of every passenger automobile and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31, using list price information published by the manufacturer or any nationally recognized firm or association compiling such data for the automotive industry. If unable to ascertain the base value of any registered vehicle in the foregoing manner, the registrar may use any other available source or method. The registrar shall calculate tax using base value information available to dealers and deputy registrars at the time the application for registration is submitted. The tax on all previously registered vehicles shall be computed upon the base value thus determined taking into account the depreciation provisions of paragraph (h).

(h) The annual additional tax computed upon the base value as provided herein, during the first and second years of vehicle life shall be computed upon 100 percent of the base value; for the third and fourth years, 90 percent of such value; for the fifth and sixth years, 75 percent of such value; for the seventh year, 60 percent of such value; for the eighth year, 40 percent of such value; for the ninth year, 30 percent of such value; for the tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25. 

In no event shall the annual additional tax be less than $25. The total tax under this subdivision shall not exceed $189 for the first renewal period and shall not exceed $99 for subsequent renewal periods. The total tax under this subdivision on any vehicle filing its initial registration in Minnesota in the second year of vehicle life shall not exceed $189 and shall not exceed $99 for subsequent renewal periods. The total tax under this subdivision on any vehicle filing its initial registration in Minnesota in the third or subsequent year of vehicle life shall not exceed $99 and shall not exceed $99 in any subsequent renewal period.

(i) As used in this subdivision and section 168.017, the following terms have the meanings given: "initial registration" means the 12 consecutive months calendar period from the day of first registration of a vehicle in Minnesota; and "renewal periods" means the 12 consecutive calendar months periods following the initial registration period."

Page 2, after line 6, insert:

"Sec. 3. Minnesota Statutes 2000, section 168.301, subdivision 3, is amended to read:

Subd. 3. [LATE FEE.] In addition to any fee or tax otherwise authorized or imposed upon the transfer of title for a motor vehicle, the commissioner of public safety shall impose a $2 additional fee for failure to deliver a title transfer within ten business days."

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "providing for the calculation of certain vehicle registration taxes;"

Page 1, line 3, delete "section" and insert "sections 168.301, subdivision 3;"

Page 1, line 4, before the period, insert "; Minnesota Statutes 2001 Supplement, section 168.013, subdivision 1a"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2764, A bill for an act proposing an amendment to the Minnesota Constitution to provide for a unicameral legislature; changing article IV; article V, sections 3 and 5; article VIII, section 1; article IX, sections 1 and 2; and article XI, section 5; providing by law for a unicameral legislature of 134 members; amending Minnesota Statutes 2000, sections 2.021; and 2.031, subdivision 1.

Reported the same back with the following amendments:

Page 4, line 29, reinstate the stricken language

Page 4, line 30, reinstate the stricken "members" and reinstate the stricken "of"

Page 9, after line 27, insert:

"Sec. 5. [NOTICE.]

In addition to the requirements of Minnesota Statutes, section 3.21, the secretary of state, in consultation with the attorney general, shall prepare a voter guide that summarizes impartially the issues presented to the voters by the constitutional amendment proposed by section 1 and the arguments commonly advanced in support of and opposition

to bicameral and unicameral state legislatures. Beginning at least three months before the election, the secretary of state shall publish notice of the availability of the guide in qualified newspapers of general circulation in the state and of general circulation in the various geographic regions of the state. The secretary of state shall make the guide available on the Internet, shall mail a free copy of the guide to anyone on request, and shall distribute free copies of the guide to all educational institutions, local government offices, and public libraries throughout the state in volumes sufficient to supply a free copy to anyone wishing one. In October, before the election, the secretary of state shall publish the guide once in qualified newspapers of general circulation in the state."

Page 9, line 28, delete "5." and insert "6."

Amend the title as follows:

Page 1, line 7, after the semicolon, insert "requiring a voter guide;"

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance without further recommendation.

The report was adopted.

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

H. F. No. 2835, A bill for an act relating to education; authorizing the Minnesota commission on national and community service to create and delegate duties to a private, nonprofit corporation; amending Minnesota Statutes 2000, section 124D.385, subdivision 3, by adding a subdivision.

Reported the same back with the following amendments:

Page 3, delete section 3

Page 3, line 35, delete "4" and insert "3"

Page 3, line 36, delete "effective date of section 3" and insert "day after the commission certifies to the commissioner of finance that it has created a nonprofit corporation under section 2, that the corporation has been approved by the Corporation for National and Community Service to carry out the National and Community Service Trust Act, and that the commission has delegated duties to administer sections 124D.37 to 124D.45 to the corporation"

Page 4, line 2, after "for" insert "the duty to serve on the commission as prescribed in section 124D.385, subdivision 2,"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

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

H. F. No. 2881, A bill for an act relating to tax increment financing; modifying the deficit reduction provisions; amending Minnesota Statutes 2001 Supplement, section 469.1792, subdivision 1.

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

The report was adopted. 

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

H. F. No. 2889, A bill for an act relating to pollution; allowing installation of certain individual sewage treatment systems; amending Minnesota Statutes 2000, section 115.55, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, lines 21 and 22, delete "in the state"

Page 2, line 4, delete "a commonly accepted" and delete "document or"

Page 2, delete line 5

Page 2, line 6, delete "ability"

Page 2, line 8, after the period, insert "The financial assurance must be submitted annually to the agency."

Page 2, lines 9 and 10, delete "an amount of $1,000"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2909, A bill for an act relating to public safety; establishing an integrated set of agriculture, public safety, drivers' license, emergency management, pollution control, law enforcement, and criminal justice terrorist activity prevention, response, and investigation policies; modifying provisions relating to criminal justice, public safety, agriculture, emergency management, 911 emergency communications, pollution control, criminal background checks, and identification procedures; enhancing penalties and creating new crimes designed to deter and punish terroristic activities; providing for interception of terroristic communications; modifying provisions governing response to hazardous materials; classifying data on terroristic activities and authorizing sharing of terrorist data; upon commission of terrorist offenses providing for attachment of financial assets and seizure and forfeiture of property associated with those offenses; providing for release of juvenile court record; appropriating money for antiterrorism initiatives; amending Minnesota Statutes 2000, sections 12.03, subdivision 4; 12.21, subdivisions 1, 2, 3; 12.22, subdivision 2; 12.31, subdivision 2; 12.32; 12.34, subdivision 1; 12.36; 13.37, subdivisions 1, 3; 13.6905, by adding a subdivision; 31.05, subdivision 1, by adding a subdivision; 168.011, by adding subdivisions; 171.07, subdivisions 1a, 4; 171.27; 299A.49, subdivisions 2, 4; 299A.50, subdivision 1; 609.035, by adding a subdivision; 609.185; 609.531, subdivision 1; 609.532, subdivision 3; 609.625, by adding a subdivision; 609.713; 626A.05, subdivision 2; Minnesota Statutes 2001 Supplement, sections 28A.085, subdivision 4; 35.0661, subdivision 2; 260B.171, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 168; 171; 609; 626A; proposing coding for new law as Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2000, section 299A.50, subdivision 3.

Reported the same back with the following amendments:

Pages 8 to 10, delete sections 10 to 13

Pages 12 to 19, delete sections 18 to 29

Page 27, delete section 39 

Pages 28 to 32, delete sections 41 to 46

Pages 32 to 36, delete article 2

Page 36, line 29, delete "3" and insert "2"

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to public safety; establishing an integrated set of agriculture, public safety, emergency management, pollution control, law enforcement, and criminal justice terrorist activity prevention, response, and investigation policies; modifying provisions relating to criminal justice, public safety, agriculture, emergency management, 911 emergency communications, and pollution control; enhancing penalties and creating new crimes designed to deter and punish terroristic activities; modifying provisions governing response to hazardous materials; upon commission of terrorist offenses providing for attachment of financial assets and seizure and forfeiture of property associated with those offenses; providing for release of juvenile court record; appropriating money for antiterrorism initiatives; amending Minnesota Statutes 2000, sections 12.03, subdivision 4; 12.21, subdivisions 1, 2, 3; 12.22, subdivision 2; 12.31, subdivision 2; 12.32; 12.34, subdivision 1; 12.36; 31.05, subdivision 1, by adding a subdivision; 299A.49, subdivisions 2, 4; 299A.50, subdivision 1; 609.035, by adding a subdivision; 609.185; 609.531, subdivision 1; 609.532, subdivision 3; Minnesota Statutes 2001 Supplement, sections 28A.085, subdivision 4; 35.0661, subdivision 2; 260B.171, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609."

With the recommendation that when so amended the bill be re-referred to the Committee on Crime Prevention without further recommendation.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 2965, A bill for an act relating to the environment; modifying prohibition on the release of pollutants into state waters; prohibiting permits for the construction of new open air swine basins; amending Minnesota Statutes 2000, section 97C.065; proposing coding for new law in Minnesota Statutes, chapter 116.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 97C.065, is amended to read:

97C.065 [POLLUTANTS IN WATERS.]

Subdivision 1. [PROHIBITION; PENALTIES.] A person may not dispose of any substance in state waters, or allow any substance to enter state waters, in quantities that injure or are detrimental to the propagation of wild animals or taint the flesh of wild animals. Each day of violation is a separate offense. An occurring or continuous violation is a public nuisance. An action may be brought by the attorney general to enjoin and abate nuisance upon request of the commissioner.

Subd. 2. [EXEMPTIONS.] This section does not apply to chemicals used for pest control for the general welfare of the public. This section does not apply when release of a substance into state waters is caused solely by:

(1) an act of God, as defined under section 115B.02, subdivision 2; or

(2) an act of war. 

A feedlot owner or operator is not responsible for a discharge caused by vandalism or sabotage by others.

Sec. 2. [116.0714] [NEW OPEN AIR SWINE LAGOONS.]

After the effective date of this section, the commissioner of the pollution control agency shall not approve any permits for the construction of new open air swine lagoons, except that existing facilities may use lagoons of less than 1,000,000 gallons as part of a permitted waste treatment program for resolving pollution problems or to allow conversion to a different animal type, provided all standards are met. This section expires June 30, 2007.

Sec. 3. Minnesota Statutes 2000, section 116.07, subdivision 7, is amended to read:

Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL LOT PERMITS.] Any Minnesota county board may, by resolution, with approval of the pollution control agency, assume responsibility for processing applications for permits required by the pollution control agency under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee.

(a) For the purposes of this subdivision, the term "processing" includes:

(1) the distribution to applicants of forms provided by the pollution control agency;

(2) the receipt and examination of completed application forms, and the certification, in writing, to the pollution control agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance would be required for the issuance of a permit; and

(3) rendering to applicants, upon request, assistance necessary for the proper completion of an application.

(b) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the pollution control agency. The pollution control agency shall, after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the permit. After this period, the action of the county board is final, subject to appeal as provided in chapter 14. For permit applications filed after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision.

(c) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years. These exceptions include waiving requirements for major capital improvements.

(d) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."

(e) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies.

(f) The pollution control agency shall work with the Minnesota extension service, the department of agriculture, the board of water and soil resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter. 

(g) The pollution control agency shall adopt rules governing the issuance and denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section. A feedlot permit is not required for livestock feedlots with more than ten but less than 50 animal units; provided they are not in shoreland areas. A livestock feedlot permit does not become required solely because of a change in the ownership of the buildings, grounds, or feedlot. These rules apply both to permits issued by counties and to permits issued by the pollution control agency directly.

(h) The pollution control agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county.

(i) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and finance committees with jurisdiction over agriculture and the environment prior to final adoption. The rules must not become effective until 90 days after the proposed rules are submitted to the members.

(j) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee.

(k) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in pollution control agency rules.

(l) After January 1, 2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 500 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted.

(m) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator.

(n) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fine for a discharge violation.

(o) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does not meet discharge standards established for feedlots under agency rule.

(p) Unless the upgrade is needed to correct an immediate public health threat under section 145A.04, subdivision 8, the agency may not require a feedlot operator:

(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or

(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less.

Sec. 4. [EFFECTIVE DATE.]

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

Amend the title as follows:

Page 1, line 5, delete "basins;" and insert "lagoons; modifying certain hearing requirements;" 

Page 1, line 6, delete "section" and insert "sections" and after the semicolon, insert "116.07, subdivision 7;"

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

The report was adopted.

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

H. F. No. 2978, A bill for an act relating to local government; the city of Alexandria and the townships of Alexandria, Carlos, Hudson, and La Grand in Douglas county; establishing the lakes area economic development authority; granting the powers of an economic development authority; prescribing its duties and powers.

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

The report was adopted.

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

H. F. No. 3004, A bill for an act relating to lawful gambling; allowing as lawful purpose expenditures certain expenditures by veterans organizations; amending Minnesota Statutes 2001 Supplement, section 349.12, subdivision 25.

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

The report was adopted.

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

H. F. No. 3007, A bill for an act relating to local government; providing for local governments to opt out of certain state mandates; proposing coding for new law as Minnesota Statutes, chapter 471B.

Reported the same back with the following amendments:

Page 1, delete lines 10 to 18 and insert:

"Subd. 2. [SCHOOL DISTRICT.] "School district" means a common, independent, or special school district and includes charter schools."

Page 1, line 19, delete "5" and insert "3"

Page 1, line 20, delete "local government" and insert "school district" and after "law" insert "or rule"

Page 2, line 7, delete "local"

Page 2, line 8, delete "governments" and insert "school districts" and delete "local"

Page 2, line 9, delete "governments" and insert "school districts"

Page 2, line 11, delete "local governments" and insert "school districts" 

Page 2, line 20, delete "local governments" and insert "school districts"

Page 2, line 31, delete "local government" and insert "school district"

Page 2, line 33, delete "local"

Page 2, line 34, delete "governments of the same kind or class" and insert "school districts"

Page 2, line 36, after "law" insert "or rule"

Page 3, line 1, delete "local government" and insert "school district, the reasons the school district wants to opt out of the state mandate, and how the school district will meet the objectives of the mandate or why the objectives do not apply to the school district"

Page 3, line 4, delete "local government" and insert "school district"

Page 3, line 6, delete "governing body of the local government" and insert "school board"

Page 3, line 12, delete "local government" and insert "school district"

Page 3, line 15, before "For" insert "(a)"

Page 3, line 18, delete "local government" and insert "school district"

Page 3, line 19, delete "local government" and insert "school district"

Page 3, line 25, delete "local"

Page 3, line 26, delete "governments" and insert "school districts"

Page 3, line 28, delete "local"

Page 3, line 29, delete "governments of the same kind or class" and insert "school districts"

Page 3, line 31, delete "local governments" and insert "school districts"

Page 4, line 2, delete "local governments" and insert "school districts" in both places

Page 4, line 3, after the period insert "(b)"

Page 4, line 5, delete "local governments" and insert "school districts"

Page 4, line 8, delete "local governments" and insert "school districts"

Page 4, delete lines 9 to 16 and insert:

"Subd. 3. [THRESHOLD FOR OPT OUT; CERTIFICATION; EFFECTIVE DATE.] If the state auditor certifies to the legislature before the first day of the regular annual session of the legislature that at least ten percent of the number of school districts filed with the state auditor resolutions to opt out of a state mandate, as authorized in this chapter, and otherwise have met the procedural requirements of this chapter, the state mandate does not apply to those school districts effective the day following adjournment of that session of the legislature."

Page 4, line 18, delete "local government of the same kind"

Page 4, line 19, delete "or class" and insert "school district"

Page 4, line 22, before the period, insert "and the law or rule that is the subject of the resolution to opt out does not apply to that school district thereafter" 

Page 4, line 25, delete "local"

Page 4, line 26, delete "government" and insert "school district"

Page 5, delete lines 5 to 8

Page 5, line 9, delete "9" and insert "8"

Page 5, line 11, delete "local"

Page 5, line 12, delete "governments, including, for" and after "districts," insert "including"

Page 5, line 18, delete "local governments" and insert "school districts"

Page 5, line 20, delete "local government" and insert "school district"

Amend the title as follows:

Page 1, delete line 2 and insert "relating to school districts; providing for school districts"

Page 1, line 3, delete "governments"

With the recommendation that when so amended the bill be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy without further recommendation.

The report was adopted.

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

H. F. No. 3062, A bill for an act relating to the courts; repealing limitations on the term of service for judges in Hennepin and Ramsey county juvenile courts; repealing Minnesota Statutes 2000, section 260.019, subdivisions 2, 3, 4.

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

The report was adopted.

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

H. F. No. 3151, A bill for an act relating to state government; reorganizing and restructuring certain departments; creating the department of workforce and economic development; eliminating the department of economic security and the department of trade and economic development; transferring duties; making technical changes; amending Minnesota Statutes 2000, sections 4.045; 14.03, subdivision 2; 14.3691, subdivision 2; 15.057; 16C.05, subdivision 3; 116J.011; 116J.035, subdivision 2; 116J.401; 116M.15, subdivision 1; 216C.10; 256J.08, subdivision 52; 268.001; Minnesota Statutes 2001 Supplement, sections 3C.12, subdivision 2; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 43A.08, subdivision 1a; 116J.01, subdivision 5; 116L.04, subdivision 1a; 125A.023, subdivision 4; 125A.28; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 2000, sections 268.0111, subdivisions 1, 2, 3a; 268.0121, subdivisions 1, 2; 268.0122, subdivisions 5, 6; 268.014; Minnesota Statutes 2001 Supplement, sections 268.0122, subdivisions 2, 3; 268.029.

Reported the same back with the following amendments: 

Page 21, line 19, after "blind" insert "as provided in section 248.07"

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

The report was adopted.

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

H. F. No. 3157, A bill for an act relating to state government; appropriating and reducing money for agricultural purposes; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2000, sections 38.331, subdivision 2; 41A.09, subdivisions 3a, 5a; proposing coding for new law in Minnesota Statutes, chapter 41B.

Reported the same back with the following amendments:

Page 3, after line 33, insert:

"Sec. 5. Minnesota Statutes 2001 Supplement, section 17.117, subdivision 5a, is amended to read:

Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING ACCOUNTS.] (a) There shall be established in the agricultural fund revolving accounts to receive appropriations, transfers of the balances from previous appropriations for the activities under this section, and money from other sources. All balances from previous appropriations for activities under this section and repayments of loans granted under this section, including principal and interest, must be deposited into the appropriate revolving account created in this subdivision or the account created in subdivision 13. Interest earned in an account accrues to that account.

(b) The money in the revolving accounts and the account created in subdivision 13 is appropriated to the commissioner for the purposes of this section."

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 8, after the second semicolon, insert "Minnesota Statutes 2001 Supplement, section 17.117, subdivision 5a;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3190, A bill for an act relating to corrections; requiring the juvenile court to send data relating to juvenile petitions to the statewide supervision system; amending Minnesota Statutes 2000, sections 260B.171, subdivision 2; 299C.09; 299C.147, subdivisions 3, 4; Minnesota Statutes 2001 Supplement, section 299C.147, subdivision 2.

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

The report was adopted. 

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

H. F. No. 3196, A bill for an act relating to state government; department of administration; clarifying ethical provisions in state procurement law; authorizing the commissioner of administration to adopt rules relating to state archaeology; repealing obsolete technology authority; repealing statutory authority for the citizens council on Voyageurs National Park; amending Minnesota Statutes 2000, sections 16C.04, subdivisions 1, 2; 138.31, by adding a subdivision; 138.36, by adding a subdivision; 138.38; 138.39; 138.41, subdivision 1; repealing Minnesota Statutes 2000, sections 13.6401, subdivision 3; 16B.415; 84B.11.

Reported the same back with the following amendments:

Page 3, line 8, delete "made available" and insert "sent upon completion"

Page 3, line 9, delete the first comma and insert "and" and after ", and" insert "made available to"

Page 3, line 18, delete "shall" and insert "must"

Page 3, line 31, after the semicolon, insert "and"

Page 3, line 32, delete "; and 84B.11" and after the period, insert "Minnesota Statutes 2000, section 84B.11, is repealed effective July 1, 2003."

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

The report was adopted.

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

H. F. No. 3205, A bill for an act relating to contracts; regulating public works contracts; proposing coding for new law in Minnesota Statutes, chapter 15.

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

The report was adopted.

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

H. F. No. 3221, A bill for an act relating to the military; revising the Minnesota code of military justice; amending Minnesota Statutes 2000, sections 192A.015; 192A.02, subdivision 3, by adding a subdivision; 192A.025; 192A.045, subdivisions 2, 3; 192A.05; 192A.055; 192A.07; 192A.08, subdivision 1; 192A.085, subdivisions 1, 3, 5, 7; 192A.09; 192A.095; 192A.10; 192A.105; 192A.11, subdivisions 1, 3; 192A.115; 192A.13; 192A.135; 192A.14; 192A.15, subdivisions 3, 5; 192A.155; 192A.16; 192A.205; 192A.235, subdivision 3; 192A.25, subdivision 3; 192A.28; 192A.31, subdivision 1; 192A.384; 192A.385; 192A.39; 192A.415; 192A.43, subdivisions 1, 2; 192A.46; 192A.47; 192A.48; 192A.485; 192A.50; 192A.51; 192A.525; 192A.54; 192A.55; 192A.555; 192A.56; 192A.57; 192A.575; 192A.585; 192A.59; 192A.60; 192A.605; 192A.61, subdivision 3; 192A.612; 192A.615, subdivisions 1, 2; 192A.62; 192A.635; 192A.64, subdivisions 1, 2; 192A.645; 192A.65; 192A.66; 192A.665; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2000, sections 192A.045, subdivision 1; 192A.06; 192A.075; 192A.145; 192A.165; 192A.17; 192A.175; 192A.18; 192A.185; 192A.19; 192A.195; 192A.21; 192A.215; 192A.22; 192A.225; 192A.23; 192A.235, subdivision 2; 192A.245;

192A.265; 192A.27; 192A.275; 192A.285; 192A.29; 192A.295; 192A.305; 192A.31, subdivision 2; 192A.315; 192A.32; 192A.325; 192A.33; 192A.335; 192A.34; 192A.345; 192A.35; 192A.355; 192A.36; 192A.365; 192A.37; 192A.375; 192A.38; 192A.43, subdivision 3; 192A.505; 192A.52; 192A.53; 192A.58; 192A.611; 192A.655.

Reported the same back with the following amendments:

Page 25, delete section 53

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 16, delete "192A.575;"

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

The report was adopted.

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

H. F. No. 3263, A bill for an act relating to corrections; providing access to data for purposes of the commissioner's preliminary determination whether a petition of civil commitment as a sexual psychopathic personality or sexually dangerous person is appropriate; amending Minnesota Statutes 2000, section 244.05, subdivision 7.

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

The report was adopted.

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

H. F. No. 3269, A bill for an act relating to real property; authorizing the sale of certain state-owned real property to St. Louis county.

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.

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

H. F. No. 3296, A bill for an act relating to state employment; shifting social security administrative duties from the department of employee relations to the public employees retirement association; classifying data on employee's dependents as private; amending Minnesota Statutes 2000, sections 13.43, subdivision 4; 355.01, subdivision 5.

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

The report was adopted. 

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

H. F. No. 3373, A bill for an act relating to domestic abuse; authorizing extension of the domestic fatality review team pilot project in the fourth judicial district.

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

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 3444, A bill for an act relating to state government; modifying programs and appropriations relating to jobs and economic development; transferring funds; canceling appropriations; appropriating money; amending Minnesota Statutes 2000, sections 116J.8731, subdivisions 5, 7; 326.975, as amended; Laws 2001, First Special Session chapter 4, article 1, section 4, subdivision 6; repealing Minnesota Statutes 2000, sections 82.34, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 16, 17, 18, 19; Minnesota Statutes 2001 Supplement, section 82.34, subdivisions 7a, 15.

Reported the same back with the following amendments:

Page 4, delete lines 32 to 37

Page 4, line 38, delete "$2,097,000" and insert "$1,897,000"

Page 4, line 39, delete "$2,037,000" and insert "$1,837,000"

Page 4, line 43, delete everything after the period

Page 4, delete lines 44 to 46

Page 4, line 47, delete everything before "Base"

Page 7, line 9, delete "$94,900,000" and insert "$95,975,000"

Page 7, delete lines 13 to 19 and insert:

"(c) Once during fiscal year 2004 and once during fiscal year 2005, the commissioner of commerce shall certify to the commissioner of finance the amount of the Minnesota workers' compensation assigned risk plan excess surplus. Once during fiscal year 2004 and once during fiscal year 2005, the commissioner of finance and the commissioner of commerce must direct the transfer of $320,000 of assets of the assigned risk plan excess surplus to the general fund. The transfer of funds authorized by this paragraph is not subject to review under Minnesota Statutes, chapter 14."

Page 7, line 20, delete "6" and insert "5"

Page 7, line 25, after "the" insert "excess surplus account within the"

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. 

H. F. Nos. 175, 1763, 2492, 2523, 2635, 2695, 2726, 2889, 3004, 3062, 3157, 3196, 3263 and 3373 were read for the second time.

The following House Files were introduced:

Fuller introduced:

H. F. No. 3542, A bill for an act relating to emergency services; providing a procedure for certain emergency medical aid arrangements; authorizing a city or nonprofit firefighting corporation to impose a service charge for emergency services; providing for the collection of delinquent service charges; amending Minnesota Statutes 2000, section 12.03, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Gleason introduced:

H. F. No. 3543, A bill for an act relating to health; providing for a prescription drug access program; proposing coding for new law in Minnesota Statutes, chapter 62J.

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

Stang introduced:

H. F. No. 3544, A bill for an act relating to crime prevention; reinstating the domestic abuse investigation fee; amending Minnesota Statutes 2000, section 609.2244, by adding a subdivision.

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

Fuller introduced:

H. F. No. 3545, A bill for an act relating to crimes; establishing staggered sentencing program for DWI offenders; amending Minnesota Statutes 2000, sections 169A.03, subdivisions 3, 21; 169A.20, subdivision 2; 169A.44; 609.135, subdivision 2; Minnesota Statutes 2001 Supplement, sections 169A.275, subdivisions 3, 4, and by adding a subdivision; 169A.40, subdivision 3; 169A.54, subdivision 6; 169A.63, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 169A.

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

Fuller introduced:

H. F. No. 3546, A bill for an act relating to emergency services; providing a procedure for certain emergency medical aid arrangements; authorizing a city or nonprofit firefighting corporation to impose a service charge for emergency services; providing for the collection of delinquent service charges; amending Minnesota Statutes 2000, section 12.03, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Hausman introduced:

H. F. No. 3547, A bill for an act relating to public safety; restructuring the nuclear waste council; providing for nuclear security; appropriating money; amending Minnesota Statutes 2000, section 116C.711; proposing coding for new law in Minnesota Statutes, chapters 144; 299A; repealing Minnesota Statutes 2000, section 116C.712.

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

Hausman introduced:

H. F. No. 3548, A bill for an act relating to retirement; modifying payment amount determinations for military service credit purchases in the teachers retirement association; amending Minnesota Statutes 2000, section 354.533, subdivision 1.

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

Fuller introduced:

H. F. No. 3549, A bill for an act relating to taxation; delaying date by which taxes on certain resort property must be paid; amending Minnesota Statutes 2000, sections 278.03, subdivision 1; 279.01, subdivision 1, by adding a subdivision.

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

Stanek and Tuma introduced:

H. F. No. 3550, A bill for an act relating to crime prevention; expanding the scope of the DNA collection law; amending Minnesota Statutes 2000, section 299C.155, by adding a subdivision; Minnesota Statutes 2001 Supplement, section 609.117.

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

Carlson introduced:

H. F. No. 3551, A bill for an act relating to government data practices; providing for victim support data; amending Minnesota Statutes 2000, section 13.80.

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

Sykora introduced:

H. F. No. 3552, A bill for an act relating to tax; property; providing that certain property used for licensed child care shall be classified as class 4c; amending Minnesota Statutes 2001 Supplement, section 273.13, subdivision 25.

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

Mulder introduced:

H. F. No. 3553, A bill for an act relating to education; modifying secondary sparsity revenue; amending Minnesota Statutes 2000, section 126C.10, subdivision 7.

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

Sertich, Mahoney, Opatz, Schumacher, Slawik and Davnie introduced:

H. F. No. 3554, A bill for an act relating to economic development; reinstating notice requirement for certain employee layoffs; amending Minnesota Statutes 2001 Supplement, section 116L.17, by adding subdivisions.

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

Wasiluk and Wagenius introduced:

H. F. No. 3555, A bill for an act relating to environment; requiring toxic pollution prevention plans to include specific provisions on reducing persistent bioaccumulative toxic chemicals; providing a surcharge on releases of persistent bioaccumulative toxic chemicals; providing for information on persistent bioaccumulative toxic chemicals for pollution permits; providing funding for the pollution prevention program relating to persistent bioaccumulative toxic chemicals; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 2000, sections 16B.122, subdivision 3; 17.135; 115D.03, by adding subdivisions; 115D.07, subdivision 2; 115D.08, subdivision 1; 115D.10; 115D.12, subdivision 1, by adding a subdivision; 116.07, by adding a subdivision.

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

Erhardt, Leppik and Bradley introduced:

H. F. No. 3556, A bill for an act relating to general legislation; creating a task force to study the design of the state flag.

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

Harder; Seifert; Clark, J.; Gunther and Winter introduced:

H. F. No. 3557, A bill for an act relating to capital improvements; authorizing the sale of state bonds; appropriating money for the Red Rock rural water system for the southwest Minnesota regional water project.

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

Anderson, B.; Rhodes; Jaros; Hackbarth; Eastlund and Solberg introduced:

H. F. No. 3558, A bill for an act relating to veteran's affairs; making residents who are awarded the Congressional Medal of Honor eligible for state-paid life, hospital, medical, and dental insurance; amending Minnesota Statutes 2000, section 43A.24, subdivision 2.

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

Stanek and Seagren introduced:

H. F. No. 3559, A bill for an act relating to education; providing for additional notice of school closings; amending Minnesota Statutes 2000, section 123B.51, subdivision 5.

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

Bishop, Osthoff, Kalis, Solberg, Rhodes, Kuisle, Rifenberg, Osskopp, Dempsey, Bradley, Molnau, Murphy, Hausman and Mares introduced:

H. F. No. 3560, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a multiple state agency regional office building and fleet maintenance facility in Rochester.

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

Jennings introduced:

H. F. No. 3561, A bill for an act relating to telecommunications; enacting Telecommunications Consumer Privacy Act; providing for privacy of telecommunications customer information; requiring consent for disclosure of customer information; providing penalties; proposing coding for new law in Minnesota Statutes, chapters 13; 237.

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

Lenczewski introduced:

H. F. No. 3562, A bill for an act relating to the state budget development; requiring consideration of effects on the state's bond rating; amending Minnesota Statutes 2000, section 16A.11, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Clark, J., and Paymar introduced:

H. F. No. 3563, A bill for an act relating to domestic abuse; providing for affect of recognition of paternity upon temporary custody; providing a presumption concerning an order of protection; amending Minnesota Statutes 2000, sections 13.82, subdivision 5; 257.75, subdivision 3; 518.179, subdivision 2; 518B.01, subdivisions 5, 7, 13; 629.341, subdivision 4; Minnesota Statutes 2001 Supplement, sections 518B.01, subdivisions 6, 14; 629.72, subdivision 4.

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

Paulsen and Sykora introduced:

H. F. No. 3564, A bill for an act relating to game and fish; permitting the use of silencers for deer management; amending Minnesota Statutes 2000, sections 97B.031, subdivision 4; 609.66, subdivision 1a.

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

Johnson, S., introduced:

H. F. No. 3565, A bill for an act relating to transportation; requiring the metropolitan airports commission to provide rest rooms for drivers of ground transportation vehicles; amending Minnesota Statutes 2000, section 221.091, subdivision 3.

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

Vandeveer introduced:

H. F. No. 3566, A bill for an act relating to highways; dedicating portion of state lottery receipts to trunk highway improvements; appropriating money; amending Minnesota Statutes 2000, section 349A.10, subdivision 5.

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

Evans introduced:

H. F. No. 3567, A bill for an act relating to taxes; sales and use taxes; exempting the purchase of construction materials used in constructing a public safety facility for the city of New Brighton; amending Minnesota Statutes 2000, section 297A.71, by adding a subdivision.

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

Smith, Dawkins, Pugh, Mahoney and Boudreau introduced:

H. F. No. 3568, A bill for an act relating to family law; changing certain procedures for removal of a child's residence from Minnesota; amending Minnesota Statutes 2000, section 518.1705, subdivision 7; Minnesota Statutes 2001 Supplement, sections 518.175, subdivision 3; 518.18.

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

Dehler; Kahn; Juhnke; Greiling; Biernat; Hausman; Mares; Dorn; Clark, K.; McGuire; Dibble; Dawkins; Kelliher; Skoglund; Gunther; Gray; Schumacher and Otremba introduced:

H. F. No. 3569, A resolution relating to industrial hemp.

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

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 107.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 107, A bill for an act relating to communications; appropriating money for grants to noncommercial television.

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

S. F. No. 2655, A bill for an act relating to rulemaking; extending the authority of the board of physical therapy to adopt rules on licensee ethics.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler	Dorn	Holberg	Lenczewski	Osthoff	Stanek
Abrams	Eastlund	Holsten	Leppik	Otremba	Stang
Anderson, B.	Entenza	Howes	Lieder	Ozment	Swapinski
Bakk	Erhardt	Huntley	Lindner	Paulsen	Swenson
Bernardy	Erickson	Jacobson	Lipman	Pawlenty	Sykora
Biernat	Evans	Jaros	Mahoney	Pelowski	Thompson
Bishop	Finseth	Jennings	Mares	Penas	Tingelstad
Blaine	Folliard	Johnson, J.	Mariani	Peterson	Tuma
Boudreau	Fuller	Johnson, R.	Marko	Pugh	Vandeveer
Bradley	Gerlach	Johnson, S.	Marquart	Rhodes	Walker
Buesgens	Gleason	Juhnke	McElroy	Rifenberg	Walz
Carlson	Goodno	Kahn	McGuire	Rukavina	Wasiluk
Cassell	Goodwin	Kalis	Milbert	Ruth	Westerberg
Clark, J.	Gray	Kelliher	Molnau	Schumacher	Westrom
Clark, K.	Greiling	Kielkucki	Mulder	Seagren	Wilkin
Daggett	Gunther	Knoblach	Mullery	Seifert	Winter
Davids	Haas	Koskinen	Murphy	Sertich	Wolf
Davnie	Hackbarth	Krinkie	Ness	Skoe	Workman
Dawkins	Harder	Kubly	Nornes	Skoglund	Spk. Sviggum
Dehler	Hausman	Kuisle	Olson	Slawik
Journal of the House - 69th Day - Tuesday, February 19, 2002 - Top of Page 6078
Dibble	Hilstrom	Larson	Opatz	Smith
Dorman	Hilty	Leighton	Osskopp	Solberg

The bill was passed and its title agreed to.

Bradley moved that the name of Bernardy be added as an author on H. F. No. 2635. The motion prevailed.

Wilkin moved that the name of Mulder be added as an author on H. F. No. 2640. The motion prevailed.

Entenza moved that the name of McGuire be added as an author on H. F. No. 2710. The motion prevailed.

Fuller moved that the name of Mulder be added as an author on H. F. No. 2744. The motion prevailed.

Juhnke moved that the name of Harder be added as an author on H. F. No. 2777. The motion prevailed.

McElroy moved that the name of Mulder be added as an author on H. F. No. 2871. The motion prevailed.

Knoblach moved that the name of Sykora be added as an author on H. F. No. 2936. The motion prevailed.

McGuire moved that her name be stricken as an author on H. F. No. 2951. The motion prevailed.

Jacobson moved that the name of Sykora be added as an author on H. F. No. 3004. The motion prevailed.

Seifert moved that the names of Penas, Erickson and Dempsey be added as authors on H. F. No. 3164. The motion prevailed.

Sykora moved that the name of Mulder be added as an author on H. F. No. 3171. The motion prevailed.

Goodno moved that the name of Mulder be added as an author on H. F. No. 3213. The motion prevailed.

Workman moved that the name of Mulder be added as an author on H. F. No. 3227. The motion prevailed.

Holsten moved that the name of Mulder be added as an author on H. F. No. 3229. The motion prevailed.

Westrom moved that the name of Mulder be added as an author on H. F. No. 3241. The motion prevailed.

Gerlach moved that the names of Lipman and Anderson, B., be added as authors on H. F. No. 3275. The motion prevailed.

Biernat moved that the name of Mulder be added as an author on H. F. No. 3306. The motion prevailed.

Anderson, I., moved that the name of Abeler be added as an author on H. F. No. 3331. The motion prevailed.

Hausman moved that the name of Erhardt be added as an author on H. F. No. 3385. The motion prevailed.

Harder moved that the name of Mulder be added as an author on H. F. No. 3414. The motion prevailed.

Lenczewski moved that the name of Mares be added as an author on H. F. No. 3427. The motion prevailed.

Rhodes moved that the name of Slawik be added as an author on H. F. No. 3434. The motion prevailed.

Mulder moved that the name of Abeler be added as an author on H. F. No. 3450. The motion prevailed.

Abeler moved that the name of Westerberg be added as an author on H. F. No. 3480. The motion prevailed.

Daggett moved that the name of Cassell be added as an author on H. F. No. 3503. The motion prevailed.

Abeler moved that the name of Huntley be added as an author on H. F. No. 3507. The motion prevailed.

Tingelstad moved that the names of Dibble, Folliard and Greiling be added as authors on H. F. No. 3508. The motion prevailed.

Haas moved that the name of Westerberg be added as an author on H. F. No. 3538. The motion prevailed.

Holberg moved that H. F. No. 1944 be recalled from the Committee on Taxes and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Rhodes moved that H. F. No. 3231 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Mares and Rukavina introduced:

House Resolution No. 28, A house resolution honoring the Minnesota Office of Citizenship and Volunteer Services and Minnesota's volunteers.

The resolution was referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Wednesday, February 20, 2002. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Wednesday, February 20, 2002.

Edward A. Burdick, Chief Clerk, House of Representatives