EIGHTY-SECOND SESSION 2002
__________________
EIGHTIETH DAY
Saint Paul, Minnesota, Friday, March 8, 2002
This Journal as a PDF document
The House of Representatives convened at 9:30 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Steve Loopstra, Prayer Transformation Ministries, Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
Speaker Sviggum introduced the new House member, Representative John Jordan, from District 47A and announced that he had been administered the oath of office earlier today and that his election certificate was on file. He was elected in a special election held on Monday, March 4, 2002, to replace Representative Darlene Luther, who passed away on January 30, 2002.
The roll was called and the following members were present:
| Abrams | Dorn | Holberg | Leighton | Osthoff | Solberg | |
| Anderson, B. | Eastlund | Holsten | Lenczewski | Otremba | Stang | |
| Anderson, I. | Entenza | Howes | Leppik | Ozment | Swapinski | |
| Bakk | Erhardt | Huntley | Lieder | Paulsen | Swenson | |
| Bernardy | Erickson | Jacobson | Lindner | Pawlenty | Sykora | |
| Biernat | Evans | Jaros | Lipman | Paymar | Thompson | |
| Bishop | Finseth | Jennings | Mahoney | Pelowski | Tingelstad | |
| Blaine | Folliard | Johnson, J. | Mares | Penas | Tuma | |
| Boudreau | Fuller | Johnson, R. | Mariani | Peterson | Vandeveer | |
| Bradley | Gerlach | Johnson, S. | Marko | Pugh | Wagenius | |
| Buesgens | Gleason | Jordan | Marquart | Rhodes | Walker | |
| Carlson | Goodno | Juhnke | McElroy | Rifenberg | Walz | |
| Cassell | Goodwin | Kahn | McGuire | Rukavina | Wasiluk | |
| Clark, J. | Gray | Kalis | Milbert | Ruth | Westerberg | |
| Clark, K. | Greiling | Kelliher | Molnau | Schumacher | Westrom | |
| Daggett | Gunther | Kielkucki | Mullery | Seagren | Wilkin | |
| Davids | Haas | Knoblach | Murphy | Seifert | Winter | |
| Davnie | Hackbarth | Koskinen | Ness | Sertich | Wolf | |
| Dehler | Harder | Krinkie | Nornes | Skoe | Workman | |
| Dempsey | Hausman | Kubly | Olson | Skoglund | Spk. Sviggum | |
| Dibble | Hilstrom | Kuisle | Opatz | Slawik | ||
| Dorman | Hilty | Larson | Osskopp | Smith | ||
A quorum was present.
Abeler, Dawkins, Mulder and Stanek were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Johnson, J., moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 2592 and H. F. No. 2763, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Entenza moved that the rules be so far suspended that S. F. No. 2592 be substituted for H. F. No. 2763 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2971 and H. F. No. 3133, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Lipman moved that S. F. No. 2971 be substituted for H. F. No. 3133 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3109 and H. F. No. 3362, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Stanek moved that the rules be so far suspended that S. F. No. 3109 be substituted for H. F. No. 3362 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3154 and H. F. No. 3206, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
McElroy moved that S. F. No. 3154 be substituted for H. F. No. 3206 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3244 and H. F. No. 2842, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Tuma moved that S. F. No. 3244 be substituted for H. F. No. 2842 and that the House File be indefinitely postponed. The motion prevailed.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 211, A bill for an act relating to local government; providing reimbursement to fire departments for expenses incurred in extinguishing certain motor vehicle fires; providing cities and towns authority to collect unpaid bills for certain emergency services from nonresidents; appropriating money; amending Minnesota Statutes 2000, sections 161.465; 366.011; and 366.012.
Reported the same back with the following amendments:
Page 2, line 6, delete "must" and insert "may" and after "reimbursed" insert "by the commissioner"
Page 2, line 7, after "the" insert "motor vehicle fire revolving account in the"
Page 2, line 13, after the period, insert "A motor vehicle fire revolving account is created in the general fund. The commissioner shall deposit into the fund all money received by the commissioner in reimbursements from persons, firms, or corporations for costs of extinguishing motor vehicle fires within trunk highway rights-of-way. Money in the account is appropriated to the commissioner for the purpose of making reimbursements to municipal or volunteer fire departments under subdivision 2."
Page 3, delete section 4
Amend the title as follows:
Page 1, line 7, delete "appropriating money;"
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.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 1683, A bill for an act relating to professions; modifying electrician licensing; requiring rulemaking; amending Minnesota Statutes 2000, sections 326.01, subdivisions 5, 6g, by adding subdivisions; 326.241, subdivision 1; 326.242, subdivisions 1, 2, 3, 5, 6, 6a, 6b, 6c, 7, 8, 10, 12, by adding a subdivision; 326.2421, subdivisions 2, 9; 326.243; 326.244, subdivisions 1a, 2, 5, 6; repealing Minnesota Statutes 2000, sections 326.01, subdivision 6d; 326.2421, subdivisions 3, 4, 6, 8.
Reported the same back with the following amendments:
Page 7, line 3, delete "2002" and insert "2003"
Page 7, line 8, delete "2002" and insert "2003"
Page 7, line 12, delete "2001" and insert "2003"
Pages 15 and 16, delete section 23 and insert:
"Sec. 23. Minnesota Statutes 2001 Supplement, section 326.243, is amended to read:
326.243 [SAFETY STANDARDS.]
All electrical wiring, apparatus and equipment for electric light, heat and power, alarm and
communication technology circuits or systems shall comply with the rules of the department of
commerce or the department of labor and industry, as applicable, and be installed in conformity with accepted
standards of construction for safety to life and property. For the purposes of this chapter, the rules and safety
standards stated at the time the work is done in the then most recently published edition of the National Electrical
Code as adopted by the National Fire Protection Association, Inc. and approved by the American National Standards
Institute, and the National Electrical Safety Code as published by the Institute of Electrical and Electronics
Engineers, Inc. and approved by the American National Standards Institute, shall be prima facie evidence of accepted
standards of construction for safety to life and property; provided further, that in the event a Minnesota Building
Code is formulated pursuant to section 16B.61,
containing approved methods of electrical construction for safety to life and property, compliance with said methods of electrical construction of said Minnesota Building Code shall also constitute compliance with this section, and provided further, that nothing herein contained shall prohibit any political subdivision from making and enforcing more stringent requirements than set forth herein and such requirements shall be complied with by all licensed electricians working within the jurisdiction of such political subdivisions."
Amend the title as follows:
Page 1, line 8, delete "326.243;" and after "6;" insert "Minnesota Statutes 2001 Supplement, section 326.243;"
Page 1, line 10, after "8" insert "; Minnesota Rules, part 3800.3500, subpart 12"
With the recommendation that when so amended the bill pass.
The report was adopted.
Stanek from the Committee on Judiciary Finance to which was referred:
H. F. No. 2787, A bill for an act relating to public safety; requiring that employees and prospective employees of electronic security system companies, certain electrical contractors, and alarm and communication contractors undergo criminal history background checks; providing procedures for these background checks; authorizing the discharge of employees based on the results of the background checks and providing that there is no liability for so doing; providing for license disqualification in certain instances; imposing criminal penalties for failure to request background checks as required; amending Minnesota Statutes 2000, sections 326.01, subdivision 5; 326.2421, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299C.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Stanek from the Committee on Judiciary Finance to which was referred:
H. F. No. 2841, A bill for an act relating to corrections; requiring persons convicted of a crime and under control of a local correction agency to pay the cost of room, board, clothing, medical, dental, and other correctional services; amending Minnesota Statutes 2000, section 641.12, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 16, after "a" insert "sliding fee" and after "schedule" insert "based on ability to pay"
Page 1, line 19, delete "may" and insert "shall"
Page 2, line 8, after "pay" insert "a fine, surcharge, or"
Page 2, line 9, after the second "the" insert "fine, surcharge, or"
Page 2, after line 14, insert:
"Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
With the recommendation that when so amended the bill pass.
Goodno from the Committee on Health and Human Services Finance to which was referred:
H. F. No. 3031, A bill for an act relating to public health; establishing the Minnesota Emergency Health Powers Act; modifying provisions for declaring national security and peacetime emergencies; providing for declaration and termination of emergencies due to bioterrorism; granting certain emergency powers; providing for the isolation and quarantine of persons; requiring a study; amending Minnesota Statutes 2000, sections 12.03, by adding subdivisions; 12.31, subdivision 2; 12.32; 13.3806, by adding a subdivision; Minnesota Statutes 2001 Supplement, section 12.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 12; 144.
Reported the same back with the following amendments:
Page 3, line 34, delete "as needed"
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.
Goodno from the Committee on Health and Human Services Finance to which was referred:
H. F. No. 3200, A bill for an act relating to health occupations; establishing guest licenses for dentists and dental hygienists; establishing guest registration for dental assistants; amending Minnesota Statutes 2000, section 150A.06, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, after line 17, insert:
"(c) A dentist, dental hygienist, or dental assistant practicing under a guest license or registration under this subdivision shall have the same obligations as a dentist, dental hygienist, or dental assistant who is licensed in Minnesota and shall be subject to the laws and rules of Minnesota and the regulatory authority of the board. If the board suspends or revokes the guest license or registration of, or otherwise disciplines, a dentist, dental hygienist, or dental assistant practicing under this subdivision, the board shall promptly report such disciplinary action to the dentist's, dental hygienist's, or dental assistant's regulatory board in the border state."
Page 2, after line 19, insert:
"Sec. 2. [APPROPRIATION.]
$3,000 is appropriated in fiscal year 2003 from the state government special revenue fund to the board of dentistry for guest licensure of dentists or dental hygienists or guest registration of dental assistants under Minnesota Statutes, section 150A.06, subdivision 2c."
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "appropriating money;"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
Stanek from the Committee on Judiciary Finance to which was referred:
H. F. No. 3304, A bill for an act relating to crimes; defining the crimes of sexual conduct in the third and fourth degrees to include persons who sexually penetrate vulnerable adults under certain circumstances and who are agents of special transportation services; imposing penalties; amending Minnesota Statutes 2000, sections 609.341, by adding a subdivision; 609.349; Minnesota Statutes 2001 Supplement, section 609.344, subdivision 1; 609.345, subdivision 1.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Goodno from the Committee on Health and Human Services Finance to which was referred:
H. F. No. 3346, A bill for an act relating to health; regulating the provision of interstate telemedicine services; amending Minnesota Statutes 2000, sections 147.081, subdivision 1; 147.091, subdivision 1; 147.141; Minnesota Statutes 2001 Supplement, section 144.335, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.
Reported the same back with the following amendments:
Pages 1 and 2, delete section 1
Page 4, after line 19, insert:
"Subd. 4. [HEALTH RECORDS.] A physician who provides interstate telemedicine services to a patient located in this state must comply with section 144.335 with respect to the provision of those services."
Page 10, after line 4, insert:
"Sec. 5. [APPROPRIATION.]
$4,000 is appropriated in fiscal year 2003 from the state government special revenue fund to the board of medical practice to implement the telemedicine registration requirements under Minnesota Statutes, section 147.032."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "appropriating money;"
Page 1, line 5, delete "Minnesota Statutes"
Page 1, delete line 6
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 3393, A bill for an act relating to child support; permitting the issuance of a limited license under certain circumstances to a person whose driver's license is suspended for nonpayment of support; clarifying requirements relating to payment agreements; modifying certain bonus incentives; changing child medical support requirements and procedures; changing support enforcement provisions; providing for continued exchange of certain data; amending Minnesota Statutes 2000, sections 171.186, subdivisions 1, 3, by adding a subdivision; 171.30, subdivision 1; 518.171, subdivision 3, by adding a subdivision; 518.551, subdivisions 12, 13, 14, 15; 518.553; 518.6111, subdivision 8; 518.614, subdivisions 3, 4; 518.617, subdivision 2; 548.091, subdivisions 1, 2a; Minnesota Statutes 2001 Supplement, sections 256.979, subdivisions 5, 6; 518.171, subdivisions 1, 4, 5; 518.6196; 548.091, subdivision 1a; Laws 2001, chapter 202, section 19.
Reported the same back with the following amendments:
Page 2, line 14, before the period, insert "unless the person whose license was suspended under this section has obtained a limited license during the period of suspension"
Page 2, after line 22, insert:
"Sec. 4. Minnesota Statutes 2000, section 171.20, subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] Before the license is reinstated, (1) a person whose driver's license has been suspended under section 171.16, subdivision 2; 171.18, except subdivision 1, clause (10); or 171.182, or who has been disqualified from holding a commercial driver's license under section 171.165, and (2) a person whose driver's license has been suspended under section 171.186 and who is not exempt from such a fee must pay a fee of $20. When fees are collected by a licensing agent appointed under section 171.061, a handling charge is imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fee and surcharge must be deposited in an approved state depository as directed under section 171.061, subdivision 4. A suspension may be rescinded without fee for good cause."
Page 7, line 6, after "order" insert "in IV-D cases"
Page 8, line 18, after "court" insert "or" and after "484.702" insert "and the rules of the expedited child support process"
Page 11, line 27, delete "custodial" and after "parent" insert "with whom the child resides"
Page 17, line 16, after "court" insert "or child support magistrate"
Page 30, after line 5, insert:
"Sec. 27. [APPROPRIATION.]
$95,000 is appropriated from the trunk highway fund to the commissioner of public safety in fiscal year 2003 for costs related to the issuance of limited licenses under Minnesota Statutes, section 171.186, subdivision 4.
Sec. 28. [EFFECTIVE DATE.]
Sections 8 to 12 are effective July 1, 2002."
Amend the title as follows:
Page 1, line 10, after the semicolon, insert "appropriating money;"
Page 1, line 12, after the first semicolon, insert "171.20, subdivision 4;"
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. 1683, 2841 and 3304 were read for the second time.
S. F. Nos. 2592, 2971, 3109, 3154 and 3244 were read for the second time.
The following House Files were introduced:
Dempsey, Solberg, Wasiluk and Tingelstad introduced:
H. F. No. 3678, A bill for an act relating to the Mississippi river parkway commission; extending its expiration from 2003 to 2009; amending Minnesota Statutes 2001 Supplement, section 161.1419, subdivision 8.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Dawkins, Walker and Leighton introduced:
H. F. No. 3679, A bill for an act relating to taxation; individual income; increasing the working family tax credit; amending Minnesota Statutes 2001 Supplement, section 290.0671, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
McGuire introduced:
H. F. No. 3680, A bill for an act relating to early childhood education; establishing pilot projects to create a model of service integration among early childhood care and education providers; appropriating money.
The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.
Knoblach, Opatz and Dehler introduced:
H. F. No. 3681, A bill for an act relating to taxes; local sales taxes; allowing the cities of St. Cloud, Sartell, Sauk Rapids, Waite Park, St. Joseph, and St. Augusta to impose local sales and use taxes to fund certain projects.
The bill was read for the first time and referred to the Committee on Taxes.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
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, subdivisions 1, 4; 423C.05, subdivisions 5, 6, 7, 9.
Patrick E. Flahaven, Secretary of the Senate
Mares moved that the House concur in the Senate amendments to H. F. No. 2695 and that the bill be repassed as amended by the Senate. The motion prevailed.
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, subdivisions 1, 4; 423C.05, subdivisions 5, 6, 7, 9.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
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.
Patrick E. Flahaven, Secretary of the Senate
Mares moved that the House refuse to concur in the Senate amendments to H. F. No. 3196, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
S. F. No. 2573, A bill for an act relating to education; allowing independent school district No. 801, Browns Valley, to begin the school year as early as August 27 to accommodate Browns Valley high school students enrolled in school in Sisseton, South Dakota and Sisseton, South Dakota elementary students enrolled in school in Browns Valley; making this authorization applicable to the 2001-2002 school year and later.
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 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
| Abrams | Dorn | Holsten | Lenczewski | Otremba | Stang | |
| Anderson, B. | Eastlund | Howes | Leppik | Ozment | Swapinski | |
| Anderson, I. | Entenza | Huntley | Lieder | Paulsen | Swenson | |
| Bakk | Erhardt | Jacobson | Lindner | Pawlenty | Sykora | |
| Bernardy | Erickson | Jaros | Lipman | Paymar | Thompson | |
| Biernat | Evans | Jennings | Mahoney | Pelowski | Tingelstad | |
| Bishop | Finseth | Johnson, J. | Mares | Penas | Tuma | |
| Blaine | Folliard | Johnson, R. | Mariani | Peterson | Vandeveer | |
| Boudreau | Fuller | Johnson, S. | Marko | Pugh | Wagenius | |
| Bradley | Gerlach | Jordan | Marquart | Rhodes | Walker | |
| Buesgens | Goodno | Juhnke | McElroy | Rifenberg | Walz | |
| Carlson | Goodwin | Kahn | McGuire | Rukavina | Wasiluk | |
| Cassell | Gray | Kalis | Milbert | Ruth | Westerberg | |
| Clark, J. | Greiling | Kelliher | Molnau | Schumacher | Westrom | |
| Clark, K. | Gunther | Kielkucki | Mullery | Seagren | Wilkin | |
| Daggett | Haas | Knoblach | Murphy | Seifert | Winter | |
| Davids | Hackbarth | Koskinen | Ness | Sertich | Workman | |
| Davnie | Harder | Krinkie | Nornes | Skoe | Spk. Sviggum | |
| Dehler | Hausman | Kubly | Olson | Skoglund | ||
| Dempsey | Hilstrom | Kuisle | Opatz | Slawik | ||
| Dibble | Hilty | Larson | Osskopp | Smith | ||
| Dorman | Holberg | Leighton | Osthoff | Solberg | ||
Those who voted in the negative were:
Wolf
The bill was passed and its title agreed to.
Pawlenty moved that the Calendar for the Day be continued. The motion prevailed.
Leppik moved that the name of Clark, K., be added as an author on H. F. No. 1524. The motion prevailed.
Gerlach moved that the name of Clark, K., be added as an author on H. F. No. 3275. The motion prevailed.
Knoblach moved that the name of Leppik be added as an author on H. F. No. 3618. The motion prevailed.
Bernardy moved that the names of Abeler, Goodwin and Tingelstad be added as authors on H. F. No. 3665. The motion prevailed.
Smith moved that the name of Westerberg be added as an author on H. F. No. 3674. The motion prevailed.
Bishop moved that H. F. No. 197 be recalled from the Committee on State Government Finance and be re- referred to the Committee on Capital Investment. The motion prevailed.
Carlson moved that H. F. No. 3551 be returned to its author. The motion prevailed.
Capital Investment: Add the name of Jordan.
Civil Law: Add the name of Jordan.
Redistricting: Add the name of Jordan.
Transportation Finance: Add the name of Jordan.
Pawlenty moved that when the House adjourns today it adjourn until 12:30 p.m., Monday, March 11, 2002. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Monday, March 11, 2002.
Edward A. Burdick, Chief Clerk, House of Representatives