Journal of the House - 25th Day - Monday, March 17, 2003

A quorum was present.

Anderson, J.; Hausman; Latz and Wasiluk were excused.

Magnus was excused until 3:25 p.m.

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

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REPORTS OF CHIEF CLERK

S. F. No. 356 and H. F. No. 457, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Holberg moved that S. F. No. 356 be substituted for H. F. No. 457 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

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

H. F. No. 151, A bill for an act relating to human services; exempting children eligible for adoption assistance from the prepaid medical assistance program; amending Minnesota Statutes 2002, section 256B.69, subdivision 4.

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

The report was adopted.

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

H. F. No. 195, A bill for an act relating to elections; establishing the voting integrity and voter access account; providing for funding and use of that account; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 5.

Reported the same back with the following amendments:

Page 2, line 1, before "Money" insert "Federal"

Page 2, line 7, delete everything after "107-252" and insert a period

Page 2, delete lines 8 and 9

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 268, A bill for an act relating to peace officers; authorizing the state fair police department to employ more part-time peace officers; amending Minnesota Statutes 2002, section 626.8468, subdivision 1.

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

The report was adopted.

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

H. F. No. 294, A bill for an act relating to the military; requiring payment of a salary differential to certain state employees who are members of the national guard or other military reserve units and who have been called to active military duty on or after September 11, 2001; permitting local governments to pay a similar salary differential for their employees who are called from reserve status to active military service; amending Minnesota Statutes 2002, section 471.975; proposing coding for new law in Minnesota Statutes, chapter 43A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [43A.183] [PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES ORDERED TO ACTIVE SERVICE.]

(a) Each agency head shall pay to each eligible member of the national guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member's basic active duty military salary and the salary the member would be paid as an active state employee, including any adjustments the member would have received if not on leave of absence. This payment may be made only to a person whose basic active duty military salary is less than the salary the person would be paid as an active state employee. Payments must be made at the intervals at which the member received pay as a state employee. Back pay authorized by this section may be paid in a lump sum. Payment under this section must not extend beyond four years from the date the employee reported for active service, plus any additional time the employee may be legally required to serve.

(b) An eligible member of the reserve components of the armed forces of the United States is a reservist or national guard member who was an employee of the state of Minnesota at the time the member reported for active service on or after September 11, 2001, and who continues to be required to serve.

(c) For the purposes of this section, an employee of the state is an employee of the executive, judicial, or legislative branch of state government or an employee of the Minnesota state retirement system, the public employee retirement association, or the teachers retirement association.

(d) For purposes of this section, the term "active service" has the meaning given in section 190.05, subdivision 5, but excludes service performed exclusively for purposes of:

(1) basic combat training, advanced individual training, annual training, and periodic inactive duty training;

(2) special training periodically made available to reserve members; and

(3) service performed in accordance with section 190.08, subdivision 3.

(e) The agency head must continue the employee's enrollment in health and dental coverage, and the employer contribution toward that coverage, until the employee is covered by health and dental coverage provided by the armed forces. If the employee had elected dependent coverage for health or dental coverage as of the time that the employee reported for active service, the agency head must continue the dependent coverage and the state's contribution to it. The agency head must continue the employee's state-paid life insurance coverage and the state's contribution to it. If the employee or the employee's dependents were enrolled in any optional insurance coverages prior to the employee reporting for active service, the agency head must permit the employee to continue those coverages, at the employee's own expense. The agency head must permit the employee to continue participating in any pre-tax account in which the employee participated when the employee reported for active service, to the extent of employee pay available for that purpose.

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(f) The commissioner of employee relations and the commissioner of finance shall adopt procedures required to implement this section. The procedures are exempt from chapter 14.

(g) This section does not apply to a person who reports for active service after June 30, 2005.

(h) This section does not apply to a judge, legislator, or constitutional officer of the executive branch.

(i) Paragraph (e) does not require provision of benefits for any period prior to the effective date of this section.

Sec. 2. Minnesota Statutes 2002, section 471.975, is amended to read:

471.975 [MAY PAY SALARY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.]

(a) A statutory or home rule charter city, county, town, school district, or other political subdivision may pay to each eligible member of the national guard or other reserve ~~components~~ component of the armed forces of the United States an amount equal to the difference between the member's basic active duty military salary and the salary the member would be paid as an active political subdivision employee, including any adjustments the member would have received if not on leave of absence. ~~Payments must be made at the intervals at which the member received pay as a political subdivision employee.~~ This payment may be made only to a person whose basic active duty military salary is less than the salary the person would be paid as an active political subdivision employee. Back pay authorized by this section may be paid in a lump sum. ~~Such pay shall~~ Payment under this section must not extend beyond four years from the date the employee ~~was called to~~ reported for active ~~duty~~ service, plus ~~such~~ any additional time ~~in each case as such~~ the employee may be legally required to serve ~~pursuant to law~~.

(b) An eligible member of the reserve components of the armed forces of the United States is a reservist or national guard member who was an employee of a political subdivision at the time the member ~~was called to~~ reported for active ~~duty and who was or is called to active duty~~ service on or after ~~August 1, 1990, because of Operation Desert Shield, Operation Desert Storm, or any other action taken by the armed forces relating to hostilities between the United States and the Republic of Iraq~~ September 11, 2001.

(c) Notwithstanding other obligations under law, a political subdivision has total discretion regarding employee benefit continuation for a member who reports for active service and the terms and conditions of any benefit.

(d) For purposes of this section, "active service" has the meaning given in section 190.05, subdivision 5, but excludes service performed exclusively for purposes of:

(1) basic combat training, advanced individual training, annual training, and periodic inactive duty training;

(2) special training periodically made available to reserve members; and

(3) service performed in accordance with section 190.08, subdivision 3.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment and apply retroactively to the date an employee reported for active service on or after September 11, 2001."

Delete the title and insert:

"A bill for an act relating to the military; requiring payment of a salary differential and continuation of certain benefits to certain state employees who are members of the national guard or other military reserve units and who

Journal of the House - 25th Day - Monday, March 17, 2003 - Top of Page 635

reported for active military duty on or after September 11, 2001; permitting local governments to pay a similar salary differential for their employees who are members of the national guard or other military reserve units and who have reported for active military service; amending Minnesota Statutes 2002, section 471.975; proposing coding for new law in Minnesota Statutes, chapter 43A."

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

The report was adopted.

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

H. F. No. 330, A bill for an act relating to state government; ratifying certain state employee labor agreements and compensation plans with certain exceptions; specifying terms and conditions of employment in certain circumstances.

Reported the same back with the following amendments:

Page 4, line 32, after "plan" insert "in this section"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 340, A bill for an act relating to natural resources; modifying enforcement authority; amending Minnesota Statutes 2002, sections 84.029, subdivision 1; 84A.02; 84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8; 85.04.

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

The report was adopted.

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

H. F. No. 412, A bill for an act relating to human services; changing a council on disability provision; amending Minnesota Statutes 2002, section 256.482, subdivision 8.

Reported the same back with the following amendments:

Page 1, line 9, reinstate the stricken "sunset until"

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Page 1, line 10, reinstate the stricken "June 30," and delete "expire" and insert "2007"

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

The report was adopted.

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

H. F. No. 463, A bill for an act relating to crimes; prohibiting theft of mail; prescribing penalties; providing venue for identity theft and theft of mail; amending Minnesota Statutes 2002, section 609.527, subdivision 3, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 609.527, is amended by adding a subdivision to read:

Subd. 5. [VENUE.] Notwithstanding anything to the contrary in section 627.01, an offense committed under subdivision 2 may be prosecuted in:

(1) the county where the offense occurred; or

(2) the county of residence or place of business of the direct victim or indirect victim.

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

Sec. 2. Minnesota Statutes 2002, section 609.527, is amended by adding a subdivision to read:

Subd. 6. [AGGREGATION.] In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision.

[EFFECTIVE DATE.] This section is effective August 1, 2003, and applies to crimes committed on or after that date.

Sec. 3. [609.529] [MAIL THEFT.]

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given them in this subdivision.

(b) "Mail" means a letter, postal card, package, bag, or other sealed article addressed to another.

(c) "Mail depository" means a mail box, letter box, or mail receptacle; a post office or station of a post office; a mail route; or a postal service vehicle.

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Subd. 2. [CRIME.] Whoever does any of the following is guilty of mail theft and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right removes mail from a mail depository;

(2) intentionally and without claim of right takes mail from a mail carrier;

(3) obtains custody of mail by intentionally deceiving a mail carrier, or other person who rightfully possesses or controls the mail, with a false representation which is known to be false, made with intent to deceive and which does deceive a mail carrier or other person who possesses or controls the mail;

(4) intentionally and without claim of right removes the contents of mail addressed to another;

(5) intentionally and without claim of right takes mail, or the contents of mail, that has been left for collection on or near a mail depository; or

(6) receives, possesses, transfers, buys, or conceals mail obtained by acts described in clauses (1) to (5), knowing or having reason to know the mail was obtained illegally.

Subd. 3. [PENALTIES.] A person convicted under subdivision 2 may be sentenced to imprisonment for not more than three years or to a payment of a fine of not more than $5,000, or both.

Subd. 4. [VENUE.] Notwithstanding anything to the contrary in section 627.01, an offense committed under subdivision 2 may be prosecuted in:

(1) the county where the offense occurred; or

(2) the county of residence or place of business of the direct victim or indirect victim.

[EFFECTIVE DATE.] This section is effective August 1, 2003, and applies to crimes committed on or after that date."

Delete the title and insert:

"A bill for an act relating to crimes; prohibiting theft of mail; prescribing penalties; providing venue for identity theft and theft of mail; amending Minnesota Statutes 2002, section 609.527, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 609."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 471, A bill for an act relating to elections; requiring primaries in certain school district elections; amending Minnesota Statutes 2002, sections 205A.03, subdivisions 1, 3, 4; 205A.06, subdivision 1a.

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

The report was adopted.

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

H. F. No. 500, A bill for an act relating to eminent domain; increasing the limit for reimbursement of appraisal fees; amending Minnesota Statutes 2002, section 117.232, subdivision 1.

Reported the same back with the following amendments:

Page 1, lines 11, 14, and 18, after "$1,500" insert "upon documentation of actual costs"

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

The report was adopted.

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

H. F. No. 509, A bill for an act relating to government operations; transferring authority over certain Indian scholarship programs from the commissioner of children, families, and learning to the higher education services office.

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

The report was adopted.

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

H. F. No. 532, A bill for an act relating to highways; modifying provisions governing use of highway right-of-way by snowmobiles; amending Minnesota Statutes 2002, section 84.87, subdivision 1.

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

The report was adopted.

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

H. F. No. 624, A bill for an act relating to state government; requiring local government impact notes; requiring a determination of the aggregate cost of complying with proposed rules; proposing coding for new law in Minnesota Statutes, chapter 14.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. [14.112] [LOCAL GOVERNMENT IMPACT.]

The elected governing body of a statutory or home rule city, township, county, school district, or sanitary district may request the commissioner of finance to prepare a local fiscal impact and fiscal benefit note on a rule proposed by a state agency. The request must be made by submitting a resolution of the governing body to the commissioner of finance at least ten days before a public hearing on a proposed rule is held or, if the agency intends to adopt the rule without a public hearing, at least ten days before the deadline for requesting a public hearing. Upon receipt of a request, the commissioner of finance must prepare an estimate of the fiscal impact and fiscal benefit of the rule on each category of political subdivision requesting a local impact note. The commissioner may require any political subdivision or state agency to supply information necessary for the commissioner to determine fiscal impact and fiscal benefit. Relevant information submitted by a political subdivision, whether or not requested by the commissioner, must be considered by the commissioner and commented on in the local fiscal impact and fiscal benefit note. The commissioner must prepare the local fiscal impact and fiscal benefit note before the close of the hearing record or, if there is no public hearing, before the agency submits the record to the administrative law judge.

Sec. 2. [14.127] [LEGISLATIVE APPROVAL REQUIRED.]

An agency must determine if the initial or yearly net cost of complying with proposed rules for any one person or entity will exceed $10,000. An agency must make this determination before the close of the hearing record, or before the agency submits the record to the administrative law judge if there is no hearing. If the agency determines that the initial or yearly net cost for any one person or entity will exceed $10,000, the rules may not take effect until the rules are approved by a law enacted after the agency determination. The administrative law judge must review and approve the agency's determination under this section. If the administrative law judge does not approve the agency's determination, the rules may not take effect until the rules are approved by a law enacted after the agency determination. This section does not apply if:

(1) the legislature has appropriated money to sufficiently fund the expected cost of the rule upon the public proposed to be regulated by the rule;

(2) the rule has been proposed pursuant to a specific federal statutory or regulatory mandate; or

(3) the rule is adopted under section 14.388 or under another law specifying that the rulemaking procedures of chapter 14 do not apply.

For purposes of this section, "net cost" means the cost to the affected persons or entities minus the fiscal benefit of the proposed rule to affected persons or entities.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment. These sections apply to any rule for which the hearing record has not closed before that date, or if there is no public hearing, for which the agency has not submitted the record to the administrative law judge before that date."

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

The report was adopted.

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

H. F. No. 677, A bill for an act relating to occupations and professions; modifying licensure requirements for architects, engineers, surveyors, landscape architects, geoscientists, and interior designers; amending Minnesota Statutes 2002, sections 326.10, by adding subdivisions; 326.107, subdivisions 4, 8; repealing Minnesota Statutes 2002, sections 326.10, subdivision 5; 326.107, subdivisions 6, 9.

Reported the same back with the following amendments:

Page 4, after line 23, insert:

"Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 697, A bill for an act relating to education; expanding the list of eligible charter school sponsors; amending Minnesota Statutes 2002, section 124D.10, subdivision 3.

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Page 1, line 9, after the period, insert "Any unencumbered balance in fiscal year 2003 does not cancel but is available in fiscal year 2004."

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.

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

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

Reported the same back with the following amendments:

Page 2, line 32, delete "July" and insert "January"

Page 2, line 33, delete "2003" and insert "2004"

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

The report was adopted.

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

House Concurrent Resolution No. 2, A House concurrent resolution relating to the adoption of revenue targets under Minnesota Statutes 2002, section 16A.102, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 15, delete the first ".." and insert "15.6" and delete the second ".." and insert "15.4"

Page 1, line 18, delete the first ".." and insert "62" and delete the second ".." and insert "62"

Page 1, line 19, delete the first ".." and insert "38" and delete the second ".." and insert "38"

Page 1, line 21, delete "appropriation" and insert "appropriate"

With the recommendation that when so amended the concurrent resolution be adopted.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 151, 195, 268, 330, 463, 471, 532 and 677 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 356 was read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Holberg; Seagren; Pelowski; Buesgens; Sykora; Wilkin; Smith; Gerlach; Kohls; Kuisle; Blaine; Anderson, J.; Powell; Seifert; Erickson; Strachan; Meslow and Knoblach introduced:

H. F. No. 906, A bill for an act relating to education; establishing notice requirements for student surveys and similar instruments; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Tingelstad; Goodwin; Urdahl; Smith; Pugh; Bernardy; Anderson, J.; Mariani; Seifert and Demmer introduced:

H. F. No. 907, A bill for an act relating to education; directing school boards to adopt a policy prohibiting intimidation and bullying; requiring school boards to make existing sexual, religious, and racial harassment and violence policies consistent with the policy prohibiting intimidation and bullying; amending Minnesota Statutes 2002, section 121A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Rhodes introduced:

H. F. No. 908, A bill for an act relating to the city of Hopkins; authorizing the city to impose a food and beverage tax.

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

Lipman, Murphy and Fuller introduced:

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

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

Erickson introduced:

H. F. No. 910, A bill for an act relating to employee relations; modifying a personnel data provision; amending Minnesota Statutes 2002, section 13.43, subdivision 2.

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

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Carlson introduced:

H. F. No. 911, A bill for an act relating to retirement; Minneapolis teachers retirement fund association; mandating employer payment on a previously authorized purchase of service credit in accordance with legislative commission on pensions and retirement policy that retirement benefits should be financed on a shared basis between the public employee and the public employer; repealing Laws 2000, chapter 461, article 19, section 6.

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

Kielkucki introduced:

H. F. No. 912, A bill for an act relating to veterans affairs; clarifying that certain benefits are limited to state residents; amending Minnesota Statutes 2002, section 197.05.

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

Ellison introduced:

H. F. No. 913, A bill for an act relating to civil law; exempting harassment restraining order actions from mandatory alternative dispute resolution requirements; amending Minnesota Statutes 2002, section 484.76, subdivision 1.

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

Hilty; Peterson; Mariani; Sertich; Entenza; Nelson, M.; Otto; Eken; Sieben; Mahoney; Thissen; Otremba; Latz and Bernardy introduced:

H. F. No. 914, A bill for an act relating to state government; prohibiting state contracts with tax haven countries; amending Minnesota Statutes 2002, section 16C.03, by adding a subdivision.

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

Blaine, Pelowski, Finstad, Harder, Swenson, Eastlund, Heidgerken, Urdahl, Zellers, Slawik and Severson introduced:

H. F. No. 915, A bill for an act relating to agriculture; enhancing markets for dairy and other nutritional products; regulating the availability and sale of certain beverages in public schools; prohibiting certain provisions in contracts between beverage vendors and schools or school districts; amending Minnesota Statutes 2002, section 123B.02, by adding a subdivision.

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

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Abeler, Haas, Huntley and Thao introduced:

H. F. No. 916, A bill for an act relating to children; appropriating money for the lead hazard reduction project.

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

Otremba, Wardlow, Eastlund, Biernat and Holberg introduced:

H. F. No. 917, A bill for an act relating to marriage dissolution; requiring attendance at certain orientation programs; amending Minnesota Statutes 2002, sections 518.091; 518.10.

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

Urdahl, Heidgerken, Peterson, Marquart and Lindgren introduced:

H. F. No. 918, A bill for an act relating to economic development; establishing an economic development advisory committee; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Kielkucki, Bradley, Lipman, Holberg and Fuller introduced:

H. F. No. 919, A bill for an act relating to civil actions; regulating the liability of certain nonprofit corporations; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

Fuller and Strachan introduced:

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

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

Soderstrom; Meslow; Powell; Lesch; Blaine; Strachan; Anderson, J.; Eastlund; Lindgren; Nornes; Erickson; Brod; Finstad; Cornish and Nelson, P., introduced:

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

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

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Kielkucki, Finstad, Magnus, Peterson and Haas introduced:

H. F. No. 922, A bill for an act relating to public employment; exempting employees of public hospitals from any salary and wage rate freeze that may be imposed by law.

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

Westrom and Otremba introduced:

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

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

Huntley, Murphy and Jaros introduced:

H. F. No. 924, A bill for an act relating to gambling; appropriating money for compulsive gambling prevention and education.

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

Hilty and Murphy introduced:

H. F. No. 925, A bill for an act relating to taxes; authorizing the city of Cloquet to impose a local sales tax.

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

Holberg, Buesgens, Abrams, Smith and Adolphson introduced:

H. F. No. 926, A bill for an act relating to metropolitan council; repealing authority for service improvement plan; repealing Minnesota Statutes 2002, section 473.1295.

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

Wilkin; Adolphson; Gerlach; Nornes; Buesgens; Krinkie; Powell; Beard; Boudreau; Strachan; Bradley; Nelson, C.; Wardlow; DeLaForest; Paulsen; Holberg; Dorman; Davids; Demmer; Ozment and McNamara introduced:

H. F. No. 927, A bill for an act relating to traffic regulations; establishing the speed limit on a segment of I-35E; amending Minnesota Statutes 2002, section 169.14, by adding a subdivision.

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

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Nornes, Simpson and Westrom introduced:

H. F. No. 928, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Fergus Falls veterans home.

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

Brod, Paulsen, Abeler, Kohls and Mariani introduced:

H. F. No. 929, A bill for an act relating to the metropolitan mosquito control district; including the rest of Carver county in the district; restoring the property tax levy base to 1995 levels; adding a second member for Carver county; providing for pesticide application for mosquito control; clarifying the exception to prohibiting entry upon private property if objected to; making the district subject to the Minnesota Uniform Municipal Contracting Law; eliminating per diems for commissioners; making expense payments permissive rather than mandatory; making conforming changes; amending Minnesota Statutes 2002, sections 18B.07, subdivision 2; 473.702; 473.703, subdivision 1; 473.704, subdivision 17; 473.705; 473.711, subdivision 2a; 473.714, subdivision 1; repealing Minnesota Statutes 2002, sections 473.711, subdivision 2b; 473.714, subdivision 2.

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

Hilstrom introduced:

H. F. No. 930, A bill for an act relating to the metropolitan council; providing for local approval process for certain capital improvement projects for which easements will be acquired by eminent domain; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Sykora, Paulsen, Gerlach, Sviggum and Seagren introduced:

H. F. No. 931, A bill for an act relating to public contracting; prohibiting the use of certain agreements; amending Minnesota Statutes 2002, sections 16C.06, subdivision 6; 471.345, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Vandeveer; Lenczewski; Gerlach; Pugh; Abrams; Westerberg; Samuelson; Seifert; Jacobson; McNamara; Beard; Wasiluk; Erhardt; Johnson, J.; Lipman; Walz; Powell; Anderson, J.; Blaine; Davids; Buesgens; Kuisle; Dorman and Paulsen introduced:

H. F. No. 932, A bill for an act relating to taxation; property; providing for physical appraisal of property every five years; amending Minnesota Statutes 2002, sections 273.01; 273.08.

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

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Borrell, Smith, Rhodes and Latz introduced:

H. F. No. 933, A bill for an act relating to government data practices; providing for disclosure and sharing of certain data; amending Minnesota Statutes 2002, sections 13.46, subdivision 7; 144.335, by adding a subdivision; 626.556, by adding a subdivision; 626.557, subdivision 9a.

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

Pelowski, Seifert, Mariani, Buesgens, Carlson, Cox, Dorn, Kielkucki, Davids, Stang, Entenza, Otremba, Urdahl, Otto, Kelliher, Thao, Davnie, Sertich, Hilstrom, Opatz, Goodwin, Walker and Erickson introduced:

H. F. No. 934, A bill for an act relating to higher education; requiring an evaluation of teaching experience.

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

Urdahl, Heidgerken, Finstad, Swenson and Juhnke introduced:

H. F. No. 935, A bill for an act relating to agriculture; clarifying certain food provisions; clarifying an enforcement provision; changing a milk storage requirement; amending Minnesota Statutes 2002, sections 31.101, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12; 31.102, subdivision 1; 31.103, subdivision 1; 32.01, subdivision 10; 32.21, subdivision 4; 32.394, subdivisions 4, 8c; 32.415; repealing Minnesota Statutes 2002, section 32.391, subdivisions 1a, 1b, 1c.

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

Nelson, C.; Kuisle; Marquart; Abeler; Blaine; Bradley; Demmer; Simpson and Wilkin introduced:

H. F. No. 936, A bill for an act relating to education; establishing a special education pilot program.

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

Smith and Boudreau introduced:

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

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

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Sykora; Paulsen; Kahn; Johnson, J., and Beard introduced:

H. F. No. 938, A bill for an act relating to alcoholic beverages; authorizing off-sale wine licenses for supermarkets; amending Minnesota Statutes 2002, sections 340A.101, by adding a subdivision; 340A.408, subdivision 3; 340A.412, subdivision 3; 340A.413, subdivision 5; 340A.503, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Nelson, C.; Mariani; Osterman; Soderstrom; Meslow; Klinzing; McNamara; Simpson; Zellers and Demmer introduced:

H. F. No. 939, A bill for an act relating to education; providing for certificates for adults who satisfactorily complete English as a second language instruction; amending Minnesota Statutes 2002, section 124D.52, by adding a subdivision.

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

Kelliher, Westrom, Cox, Peterson, Hoppe, Koenen, Juhnke and Pelowski introduced:

H. F. No. 940, A bill for an act relating to energy cooperatives; authorizing the formation of distributed generation cooperatives; proposing coding for new law in Minnesota Statutes, chapter 308A.

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

Hausman, Howes, Hoppe and Wasiluk introduced:

H. F. No. 941, A bill for an act relating to natural resources; restricting the use of off-highway vehicles on state land; providing civil citation authority; modifying the disposition of certain fees; modifying registration and operating requirements for certain recreational vehicles; providing for enforcement; modifying motorized trail grants-in-aid; appropriating money; amending Minnesota Statutes 2002, sections 84.788, subdivision 3; 84.791, subdivision 1, by adding a subdivision; 84.794, subdivision 2; 84.798, subdivision 4; 84.803, subdivision 2; 84.922, subdivision 2; 84.925, subdivision 1, by adding a subdivision; 84.926; 84.927, subdivision 2; 84.928, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Stang, Ozment, Kelliher, Cornish, Hausman, Fuller, Wasiluk, Lindgren, Wagenius, Cox, Otto, Peterson, Tingelstad, Clark and Hoppe introduced:

H. F. No. 942, A bill for an act relating to capital investment; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; appropriating money for natural resource and environment projects; authorizing the issuance of general obligation bonds.

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

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Rhodes introduced:

H. F. No. 943, A bill for an act relating to state government; modifying practices and procedures relating to state finance; transferring state treasurer duties to the commissioner of finance; amending Minnesota Statutes 2002, sections 7.26; 15.62, subdivisions 2, 3; 16A.10, subdivisions 1, 2; 16A.11, subdivision 3; 16A.127, subdivision 4; 16A.1285, subdivision 3; 16A.129, subdivision 3; 16A.133, subdivision 1; 16A.27, subdivision 5; 16A.46; 16A.626; 16A.642, subdivision 1; 16D.09, subdivision 1; 16D.13, subdivisions 1, 2; 35.08; 35.09, subdivision 3; 49.24, subdivisions 13, 16; 84A.11; 84A.23, subdivision 4; 84A.33, subdivision 4; 84A.40; 85A.05, subdivision 2; 94.53; 115A.58, subdivision 2; 116.16, subdivision 4; 116.17, subdivision 2; 122A.21; 126C.72, subdivision 2; 127A.40; 161.05, subdivision 3; 161.07; 167.50, subdivision 2; 174.51, subdivision 2; 176.181, subdivision 2; 176.581; 190.11; 241.08, subdivision 1; 241.10; 241.13, subdivision 1; 244.19, subdivision 7; 245.697, subdivision 2a; 246.15, subdivision 1; 246.18, subdivision 1; 246.21; 276.11, subdivision 1; 280.29; 293.06; 299D.03, subdivision 5; 352.05; 352B.03, subdivision 2; 354.06, subdivision 3; 354.52, subdivision 5; 385.05; 475A.04; 475A.06, subdivision 2; 481.01; 490.123, subdivision 2; 525.161; 525.841; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2002, sections 7.21; 16A.06, subdivision 10; 16A.131, subdivision 1; 16D.03, subdivision 3; 16D.09, subdivision 2.

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

Holberg and Buesgens introduced:

H. F. No. 944, A bill for an act relating to local government; providing an exception to the priorities for designating a qualified newspaper; amending Minnesota Statutes 2002, section 331A.04, by adding a subdivision.

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

Nelson, P., introduced:

H. F. No. 945, A bill for an act relating to government data; extending sunset for disclosure of certain taxpayer data; amending Laws 1997, First Special Session chapter 3, section 27, as amended.

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

Johnson, J.; Davids; Pugh and Gunther introduced:

H. F. No. 946, A bill for an act relating to insurance; regulating the insurance guaranty association; amending Minnesota Statutes 2002, sections 60C.02, subdivision 1; 60C.03, subdivisions 5, 9; 60C.04; 60C.05, subdivision 1; 60C.07, subdivision 2; 60C.09; 60C.11, subdivision 7; 60C.16; repealing Minnesota Statutes 2002, section 60C.18.

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

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Dempsey introduced:

H. F. No. 947, A bill for an act relating to retirement; public employees retirement association general employees retirement plan; clarifying membership eligibility for employees of the Red Wing environmental learning center; amending Minnesota Statutes 2002, section 353.01, subdivision 6.

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

Clark introduced:

H. F. No. 948, A bill for an act relating to commerce; authorizing the city of Minneapolis to issue an on-sale intoxicating liquor license to the American Swedish Institute; amending Minnesota Statutes 2002, section 340A.404, subdivision 2.

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

Dorman, Davids, Gunther and Dorn introduced:

H. F. No. 949, A bill for an act relating to economic development; providing assistance to Minnesota businesses seeking federal contracts; appropriating money.

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

Dempsey introduced:

H. F. No. 950, A bill for an act relating to local government; providing that city or county assessors may not also hold certain city or county offices; amending Minnesota Statutes 2002, section 273.061, subdivision 1.

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

Walker, Rukavina, Jaros, Sertich, Clark, Mariani and Goodwin introduced:

H. F. No. 951, A bill for an act relating to commerce; establishing notice and authorization requirements and procedures for the use of point of purchase debit entries on customer accounts; providing for enforcement actions and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

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Kelliher, Stang, Pelowski and Fuller introduced:

H. F. No. 952, A bill for an act relating to capital investments; authorizing land acquisition for the Minneapolis community and technical college; appropriating money.

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

Anderson, B., introduced:

H. F. No. 953, A bill for an act relating to health occupations; creating licensure for dental assistants; amending Minnesota Statutes 2002, sections 116J.70, subdivision 2a; 144.054, subdivision 2; 150A.01, subdivisions 5, 8; 150A.02, subdivision 1; 150A.03, subdivision 1; 150A.05, subdivision 2, by adding a subdivision; 150A.06, subdivisions 2a, 2b, 5, 6; 150A.08, subdivisions 1, 3, 4, 5, 6, 8; 150A.081, subdivisions 1, 2; 150A.09, subdivisions 1, 3, 5; 150A.10, subdivision 2; 214.18, subdivision 5; 352.91, subdivision 3g.

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

Abrams; Lenczewski; Erhardt; Kuisle; Hackbarth; Abeler; Goodwin; Bernardy; Johnson, S.; Meslow; Samuelson and Hausman introduced:

H. F. No. 954, A bill for an act relating to sales and use tax; extending tax exemptions for a regionwide public safety radio communication system; amending Minnesota Statutes 2002, section 297A.70, subdivision 8.

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

Solberg; Rhodes; Dorman; Johnson, S.; Meslow; Samuelson and Hausman introduced:

H. F. No. 955, A bill for an act relating to counties; allowing counties to have a private certified public accountant examine its books; removing the mandate of audits by the state auditor; amending Minnesota Statutes 2002, section 6.55; repealing Minnesota Statutes 2002, section 6.48.

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

Magnus; Adolphson; Severson; Anderson, B.; Lieder; Harder; Urdahl; Sykora; Seagren; Simpson; Cornish; Ozment; Wardlow and Rhodes introduced:

H. F. No. 956, A bill for an act relating to veterans homes; clarifying use of certain funds; amending Minnesota Statutes 2002, section 198.261.

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

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Borrell and Beard introduced:

H. F. No. 957, A bill for an act relating to taxation; authorizing creation of a tax increment financing district in the city of St. Michael subject to certain requirements.

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

Krinkie, Wagenius, Kahn, Davids and Blaine introduced:

H. F. No. 958, A bill for an act relating to energy; declaring the goal of moving Minnesota to a hydrogen energy economy; providing incentive payments for producing qualified hydrogen; supporting research and development related to hydrogen energy; providing a sales tax exemption for hydrogen and hydrogen fuel cells; providing an exemption from the motor vehicle excise tax for hydrogen-fueled vehicles; amending Minnesota Statutes 2002, sections 116C.779; 216B.1691, subdivision 1; 216B.241, subdivisions 1, 2; 216B.2422, subdivision 1; 216C.41, subdivisions 1, 2, 3, 4, 5; 297A.67, by adding a subdivision; 297B.03; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Walker, Clark, Ellison and Mariani introduced:

H. F. No. 959, A bill for an act relating to landlords and tenants; modifying provisions relating to expungement of eviction information; amending Minnesota Statutes 2002, section 484.014, subdivision 2, by adding a subdivision.

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

Walker, Clark, Rukavina, Jaros, Sertich, Mariani and Goodwin introduced:

H. F. No. 960, A bill for an act relating to commerce; regulating the issuance of financial transaction cards; proposing coding for new law in Minnesota Statutes, chapter 325G.

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

Smith, Murphy and Abeler introduced:

H. F. No. 961, A bill for an act relating to human services; establishing hearing procedures; proposing coding for new law in Minnesota Statutes, chapter 256.

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

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Osterman, Rhodes, Clark and Pugh introduced:

H. F. No. 962, A bill for an act relating to trade regulations; regulating unfair cigarette sales; amending Minnesota Statutes 2002, section 325D.33, subdivision 3.

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

Dorman introduced:

H. F. No. 963, A bill for an act relating to education finance; extending the disabled access levy for independent school district No. 500, Southland.

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

Beard; Rukavina; Westrom; Sviggum; Anderson, I.; Stang; Dill; Sertich; Solberg; Osterman; Simpson; Juhnke; Hackbarth; Vandeveer; Westerberg and Cox introduced:

H. F. No. 964, A bill for an act relating to energy; establishing permanent pilot program for promoting cleaner, innovative energy sources and strategic economic development; providing financial and regulatory incentives, including tax exemptions and eminent domain power; authorizing customers to purchase power supply services from pilot projects.

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

Beard, Thissen, Lanning and Lieder introduced:

H. F. No. 965, A bill for an act relating to transportation; authorizing cities to impose a transportation utility fee; proposing coding for new law in Minnesota Statutes, chapter 275.

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

Davids introduced:

H. F. No. 966, A bill for an act relating to veterans; changing certain procedures for making veterans service office grants; amending Minnesota Statutes 2002, section 197.608, subdivisions 3, 4, 5, 6.

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

Swenson introduced:

H. F. No. 967, A bill for an act relating to environment; modifying expenditure limits for upgrading feedlots; amending Minnesota Statutes 2002, section 116.07, subdivision 7.

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

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MOTION TO FIX TIME TO CONVENE

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, March 20, 2003. The motion prevailed.

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

RECESS

RECONVENED

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 40, 256 and 287.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 40, A bill for an act relating to civil actions; increasing the limit for parental liability for certain damage caused by a minor; providing for the recovery of damages resulting from graffiti; amending Minnesota Statutes 2002, section 540.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 617.

The bill was read for the first time.

Davnie moved that S. F. No. 40 and H. F. No. 339, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 256, A bill for an act relating to crime prevention; making changes related to search warrants; amending Minnesota Statutes 2002, sections 626.11; 626.13.

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

Journal of the House - 25th Day - Monday, March 17, 2003 - Top of Page 655

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

The bill was read for the first time.

Anderson, B., moved that S. F. No. 287 and H. F. No. 6, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSENT CALENDAR

H. F. No. 710, A bill for an act relating to employment; mandatory retirement; deleting obsolete language; amending Minnesota Statutes 2002, section 181.81, subdivision 1; repealing Minnesota Statutes 2002, section 181.811.

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 126 yeas and 3 nays as follows:

Those who voted in the affirmative were: