<HR><a name=659></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 659</b></center><HR><p>

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

TWENTY-SIXTH DAY

 

Saint Paul, Minnesota, Thursday, March 20, 2003

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Lynda Boudreau, Speaker pro tempore.

 

Prayer was offered by the Reverend Gary Hanson, Trinity Presbyterian Church, Woodbury, 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

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Otremba

Otto

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Abrams, Opatz, Ozment, Samuelson and Soderstrom were excused.

 

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

<HR><a name=660></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 660</b></center><HR><p>REPORTS OF CHIEF CLERK

 

S. F. No. 40 and H. F. No. 339, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Davnie moved that the rules be so far suspended that S. F. No. 40 be substituted for H. F. No. 339 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 287 and H. F. No. 6, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Anderson, B., moved that the rules be so far suspended that S. F. No. 287 be substituted for H. F. No. 6 and that the House File be indefinitely postponed. The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES

 

 

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

 

H. F. No. 199, A bill for an act relating to economic development; authorizing the county of Koochiching to establish a port authority; authorizing local units of government to apply for foreign trade zone powers; proposing coding for new law in Minnesota Statutes, chapter 469.

 

Reported the same back with the following amendments:

 

Page 1, line 19, delete "local unit of government" and insert "city, county, town, or other political subdivision"

 

Page 1, line 22, delete "local unit of"

 

Page 1, line 23, delete "government" and insert "city, county, town, or other political subdivision"

 

Page 1, line 24, delete everything after the period and insert "Any city, county, town, or other political subdivision may apply jointly with any other under this section."

 

Page 1, delete lines 25 and 26

 

Amend the title as follows:

 

Page 1, line 4, delete "local units of government" and insert "political subdivisions"

 

 

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

 

The report was adopted.

<HR><a name=661></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 661</b></center><HR><p> Seagren from the Committee on Education Finance to which was referred:

 

H. F. No. 205, A bill for an act relating to education finance; creating an alternative to the detachment and annexation process for residential property parcels that are split among school districts; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

Reported the same back with the following amendments:

 

Page 2, line 1, delete "and"

 

Page 2, line 3, before the period, insert "; and

 

(4) the district of attendance of any students currently residing on the property"

 

Page 2, line 4, after "A" insert "copy of the" and delete "each" and insert "any other"

 

Page 2, line 7, after "auditor" insert "of the county in which the original petition was filed under subdivision 2"

 

Page 2, line 8, after "parcel" insert "to the district determined by the county board"

 

 

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

 

The report was adopted.

 

 

Boudreau from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 230, A bill for an act relating to professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring rulemaking; appropriating money; amending Minnesota Statutes 2002, sections 116J.70, subdivision 2a; 148A.01, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; 214.04, subdivision 3; 214.10, subdivision 9; 609.341, subdivision 17; proposing coding for new law in Minnesota Statutes, chapter 148B.

 

Reported the same back with the following amendments:

 

Page 4, line 23, after "counselor" insert ", licensed psychologist,"

 

Page 5, after line 28, insert:

 

"(d) In order to evaluate and treat mental illness, a licensed professional counselor must have a specialty as described in section 148B.57 and complete the postgraduate training specified in section 245.462, subdivision 18, clause (6), or 245.4871, subdivision 27, clause (6)."

 

Page 8, line 28, before "At" insert "At the completion of the first two years of licensure, a licensee must provide evidence satisfactory to the board of completion of 12 additional postgraduate semester credit hours in counseling as determined by the board. Thereafter,"

<HR><a name=662></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 662</b></center><HR><p> Page 9, line 3, after "1" insert ", or if the applicant is a licensed psychological practitioner or is in the process of being licensed"

 

Page 9, line 22, delete "or" and insert a comma and after "advertise" insert ", or practice"

 

 

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.

 

 

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

 

H. F. No. 276, A bill for an act relating to Washington county; requiring disclosure of the Baytown special well construction area and its construction code before real property sales and development within that area.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 103I.235, subdivision 1, is amended to read:

 

Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a)(1) Before signing an agreement to sell or transfer real property, the seller must disclose in writing to the buyer information about the status and location of all known wells on the property, by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county, and a map drawn from available information showing the location of each well to the extent practicable. In the disclosure statement, the seller must indicate, for each well, whether the well is in use, not in use, or sealed.

 

(2) Before signing an agreement to sell or transfer real property in Washington county that is not served by a municipal water system, the seller must state in writing to the buyer whether, to the seller's knowledge, the property is located within a special well construction area designated by the commissioner of health under Minnesota Rules, part 4725.3650. If the disclosure under clause (1) states that there is an unsealed well on the property, the disclosure required under this clause must be made regardless of whether the property is served by a municipal water system.

 

(b) At the time of closing of the sale, the disclosure statement information required under paragraph (a), clause (1), name and mailing address of the buyer, and the quartile, section, township, and range in which each well is located must be provided on a well disclosure certificate signed by the seller or a person authorized to act on behalf of the seller.

 

(c) A well disclosure certificate need not be provided if the seller does not know of any wells on the property and the deed or other instrument of conveyance contains the statement: "The Seller certifies that the Seller does not know of any wells on the described real property."

 

(d) If a deed is given pursuant to a contract for deed, the well disclosure certificate required by this subdivision shall be signed by the buyer or a person authorized to act on behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure certificate is not required if the following statement appears on the deed followed by the signature of the grantee or, if there is more than one grantee, the signature of at least one of the grantees: "The <HR><a name=663></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 663</b></center><HR><p>Grantee certifies that the Grantee does not know of any wells on the described real property." The statement and signature of the grantee may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement by the grantee is not required for the deed to be recordable.

 

(e) This subdivision does not apply to the sale, exchange, or transfer of real property:

 

(1) that consists solely of a sale or transfer of severed mineral interests; or

 

(2) that consists of an individual condominium unit as described in chapters 515 and 515B.

 

(f) For an area owned in common under chapter 515 or 515B the association or other responsible person must report to the commissioner by July 1, 1992, the location and status of all wells in the common area. The association or other responsible person must notify the commissioner within 30 days of any change in the reported status of wells.

 

(g) For real property sold by the state under section 92.67, the lessee at the time of the sale is responsible for compliance with this subdivision.

 

(h) If the seller fails to provide a required well disclosure certificate, the buyer, or a person authorized to act on behalf of the buyer, may sign a well disclosure certificate based on the information provided on the disclosure statement required by this section or based on other available information.

 

(i) A county recorder or registrar of titles may not record a deed or other instrument of conveyance dated after October 31, 1990, for which a certificate of value is required under section 272.115, or any deed or other instrument of conveyance dated after October 31, 1990, from a governmental body exempt from the payment of state deed tax, unless the deed or other instrument of conveyance contains the statement made in accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the information required by paragraph (b) or (d). The county recorder or registrar of titles must not accept a certificate unless it contains all the required information. The county recorder or registrar of titles shall note on each deed or other instrument of conveyance accompanied by a well disclosure certificate that the well disclosure certificate was received. The notation must include the statement "No wells on property" if the disclosure certificate states there are no wells on the property. The well disclosure certificate shall not be filed or recorded in the records maintained by the county recorder or registrar of titles. After noting "No wells on property" on the deed or other instrument of conveyance, the county recorder or registrar of titles shall destroy or return to the buyer the well disclosure certificate. The county recorder or registrar of titles shall collect from the buyer or the person seeking to record a deed or other instrument of conveyance, a fee of $30 for receipt of a completed well disclosure certificate. By the tenth day of each month, the county recorder or registrar of titles shall transmit the well disclosure certificates to the commissioner of health. By the tenth day after the end of each calendar quarter, the county recorder or registrar of titles shall transmit to the commissioner of health $27.50 of the fee for each well disclosure certificate received during the quarter. The commissioner shall maintain the well disclosure certificate for at least six years. The commissioner may store the certificate as an electronic image. A copy of that image shall be as valid as the original.

 

(j) No new well disclosure certificate is required under this subdivision if the buyer or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed or other instrument of conveyance that the status and number of wells on the property have not changed since the last previously filed well disclosure certificate. The following statement, if followed by the signature of the person making the statement, is sufficient to comply with the certification requirement of this paragraph: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." The certification and signature may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement is not required for the deed or other instrument of conveyance to be recordable.

<HR><a name=664></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 664</b></center><HR><p> (k) The commissioner in consultation with county recorders shall prescribe the form for a well disclosure certificate and provide well disclosure certificate forms to county recorders and registrars of titles and other interested persons.

 

(l) Failure to comply with a requirement of this subdivision does not impair:

 

(1) the validity of a deed or other instrument of conveyance as between the parties to the deed or instrument or as to any other person who otherwise would be bound by the deed or instrument; or

 

(2) the record, as notice, of any deed or other instrument of conveyance accepted for filing or recording contrary to the provisions of this subdivision.

 

Sec. 2. [EFFECTIVE DATE.]

 

Section 1 is effective January 1, 2004, and applies to transactions for which purchase agreements are entered into on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to real estate; requiring a disclosure in connection with the sale of certain real property in Washington county; amending Minnesota Statutes 2002, section 103I.235, subdivision 1."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 297, A bill for an act relating to health; directing the commissioner of health not to adopt certain rules; repealing certain data collection and research initiative provisions; amending Minnesota Statutes 2002, sections 43A.24, subdivision 2; 62J.04, subdivision 3; 62J.55; 270B.14, subdivision 11; repealing Minnesota Statutes 2002, sections 13.717, subdivisions 5, 6, 7, 8, 9; 62J.301; 62J.311; 62J.321; 62J.322; 62J.38; 62J.381; 62J.40; 62J.41; 62J.42; 62J.451; 62J.452; 144.335, subdivision 3b.

 

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

 

The report was adopted.

 

 

Seagren from the Committee on Education Finance to which was referred:

 

H. F. No. 365, A bill for an act relating to education; eliminating unneeded mandates affecting kindergarten through grade 12 public schools; amending Minnesota Statutes 2002, sections 120A.41; 177.42, subdivision 2; repealing Minnesota Statutes 2002, sections 122A.60; 122A.61; 126C.12; 126C.125.

 

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

 

The report was adopted.

<HR><a name=665></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 665</b></center><HR><p> Sykora from the Committee on Education Policy to which was referred:

 

H. F. No. 390, A bill for an act relating to elections; eliminating the requirement for approval by the county auditor of an election conducted by mail; amending Minnesota Statutes 2002, section 204B.46.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 407, A bill for an act relating to natural resources; moving the Minnesota conservation corps to the friends of the Minnesota conservation corps, an existing nonprofit corporation; transferring assets to the Minnesota conservation corps; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2002, sections 84.0887; 84.98; 84.99.

 

Reported the same back with the following amendments:

 

Page 1, line 24, delete "(a) Staff employed by the"

 

Delete page 1, line 25 to page 2, line 2

 

Page 2, line 3, delete the paragraph coding and delete "(b)" and insert "(a)"

 

Page 2, line 6, delete "(c)" and insert "(b)"

 

Page 2, line 9, delete "(d)" and insert "(c)"

 

 

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

 

The report was adopted.

 

 

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy 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 recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

 

The report was adopted.

<HR><a name=666></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 666</b></center><HR><p> Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 414, A bill for an act relating to natural resources; updating soil and water conservation district law; changing requirements for petitions and elections relating to soil and water conservation districts; allowing counties the option to authorize soil and water conservation district levies; adding soil and water conservation districts to the definition of special taxing district; clarifying removal provisions for soil and water conservation district supervisors; amending Minnesota Statutes 2002, sections 103A.206; 103C.005; 103C.101, subdivisions 6, 9, by adding a subdivision; 103C.201, subdivisions 1, 2, 5, 6, 7, 8; 103C.205; 103C.211; 103C.225, subdivisions 1, 3, 4, 8; 103C.305, subdivision 1; 103C.311, subdivisions 1, 2; 103C.315, subdivisions 1, 2, 4, 5; 103C.331, subdivisions 11, 12, 16, 19, by adding a subdivision; 103C.401, subdivisions 1, 2; 275.066; 351.14, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 103C; repealing Minnesota Statutes 2002, section 103C.301.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 444, A bill for an act relating to municipal contracts; permitting the awarding of attorney fees in certain cases; amending Minnesota Statutes 2002, section 471.345, subdivision 14.

 

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. 456, A bill for an act relating to historic districts; designating Victory Memorial Drive as a historic district; amending Minnesota Statutes 2002, section 138.73, by adding a subdivision.

 

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. 494, A bill for an act relating to education; allowing independent school district No. 709, Duluth, to reduce the number of atlarge school board members.

 

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

 

The report was adopted.

<HR><a name=667></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 667</b></center><HR><p> Seagren from the Committee on Education Finance to which was referred:

 

H. F. No. 517, A bill for an act relating to education; renaming the department of children, families, and learning to department of education; making conforming changes to reflect the department name change; amending Minnesota Statutes 2002, sections 15.01; 119A.01, subdivision 2; 119A.02, subdivisions 2, 3; 119B.011, subdivisions 8, 10; 120A.02; 120A.05, subdivisions 4, 7; 127A.05, subdivisions 1, 3; repealing Minnesota Statutes 2002, section 119A.01, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 529, A bill for an act relating to game and fish; authorizing a hunting season for mourning doves; requiring mourning dove stamps; requiring a report on the impact of the mourning dove season; amending Minnesota Statutes 2002, sections 97A.045, subdivision 7; 97A.055, subdivision 2; 97A.075, by adding a subdivision; 97A.411, subdivision 2; 97A.475, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2002, section 97B.731, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 3, line 6, delete "and adopt rules"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 530, A bill for an act relating to game and fish; authorizing a hunting season for mourning doves; requiring a report on the impact of the mourning dove season; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2002, section 97B.731, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "and adopt rules"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

<HR><a name=668></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 668</b></center><HR><p> Sykora from the Committee on Education Policy to which was referred:

 

H. F. No. 535, A bill for an act relating to education; authorizing independent school district No. 535, Rochester, to begin the school year on any date as set by the school district.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 555, A bill for an act relating to state government; repealing the law requiring the commissioner of administration to provide duplicating and printing services; authorizing outside contracts for these services; amending Minnesota Statutes 2002, section 268.186; proposing coding for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes 2002, section 16B.50.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 561, A bill for an act relating to commerce; requiring uniform mandatory penalties against license holders and a licensee's employees for sales to minors; providing for mitigating circumstances in assessing penalties; requiring administrative penalties for failure to electronically verify the age of persons purchasing tobacco; requiring electronic age verification for each sale of tobacco; providing for the purchase of electronic age verification devices; amending Minnesota Statutes 2002, sections 461.12, subdivisions 2, 6; 461.19; proposing coding for new law in Minnesota Statutes, chapter 461.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 461.12, subdivision 2, is amended to read:

 

Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.] If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $75. An administrative penalty of up to a maximum of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third or subsequent violation at the same location within 24 months after the initial violation, either or both of the following must be imposed:

 

(1) an administrative penalty of $250 must be imposed, and up to a maximum of $500;

 

(2) the licensee's authority to sell tobacco at that location must be suspended for not less than up to a maximum of seven days.

<HR><a name=669></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 669</b></center><HR><p>The applicable administrative penalties under this section must be doubled in the event the licensee or an employee of the licensee does not verify the age of a person attempting to purchase tobacco and the licensee or an employee of the licensee sells tobacco to a person who is not of legal age to purchase tobacco. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. In determining the amount of a penalty and the length of a license suspension, the local licensing authority shall take into consideration as mitigating circumstances evidence provided by a licensee of a licensee's adoption and enforcement of a written employee policy to prevent the sale of tobacco to minors, a licensee's training program to instruct employees on applicable laws and how to prevent sales of tobacco to minors, a licensee's adoption and imposition of disciplinary sanctions for employee noncompliance with the licensee's policies, a licensee's policy of conducting voluntary internal compliance checks to test compliance with section 609.685, and whether a licensee or a licensee's employee electronically verified the age of the customer during the transaction in question and reasonably relied on the age verification to complete the sale. A decision that a violation has occurred must be in writing and must include a summary of the mitigating circumstances considered by the local licensing authority in assessing a penalty or a license suspension.

 

Sec. 2. Minnesota Statutes 2002, section 461.12, subdivision 6, is amended to read:

 

Subd. 6. [DEFENSE.] It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6, and electronically verified the age of the purchaser of tobacco and reasonably relied upon the electronic age verification to complete the sale of tobacco.

 

Sec. 3. [461.131] [ELECTRONIC AGE VERIFICATION FOR TOBACCO SALES.]

 

No licensee or employee of the licensee shall disseminate, resell, or utilize the information displayed or retained as a result of the electronic age verification process for any reason other than to offer proof to a local licensing authority or a court of law that the licensee or licensee's employee electronically verified the age of the purchaser of tobacco and reasonably relied upon the electronic age verification to complete the sale of tobacco. Any person who violates this section is liable for a civil penalty of not less than $100, nor more than $10,000 for each violation. The commissioner of commerce shall enforce this section and has the powers available to the commissioner under section 45.027. Any individual aggrieved by a violation of this section may also bring an action under section 8.31, subdivision 3a, to recover damages, cost, and attorney fees.

 

Sec. 4. Minnesota Statutes 2002, section 461.19, is amended to read:

 

461.19 [EFFECT ON LOCAL ORDINANCE; NOTICE.]

 

Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restrictive regulation of tobacco sales., except that on and after the effective date of this act, a licensing authority shall not assess or impose a penalty on a licensee or an employee of a licensee that is greater than the administrative penalties set forth in section 461.12, subdivisions 2 and 3, if the licensee or employee of the licensee has electronically verified the age of the person attempting to purchase tobacco. A governing body shall give notice of its intention to consider adoption or substantial amendment of any local ordinance required under section 461.12 or permitted under this section. The governing body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license under section 461.12. The notice shall state the time, place, and date of the meeting and the subject matter of the proposed ordinance.

<HR><a name=670></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 670</b></center><HR><p> Sec. 5. [EFFECTIVE DATE; APPLICATION.]

 

Sections 1, 2, and 4 are effective the day following final enactment and apply to administrative penalties imposed on or after that date. Section 3 is effective October 1, 2003."

 

Delete the title and insert:

 

"A bill for an act relating to commerce; requiring uniform mandatory penalties against license holders and a licensee's employees for sales to minors; providing for mitigating circumstances in assessing penalties; requiring administrative penalties for failure to electronically verify the age of persons purchasing tobacco; requiring electronic age verification for each sale of tobacco; authorizing a private right of action; amending Minnesota Statutes 2002, sections 461.12, subdivisions 2, 6; 461.19; proposing coding for new law in Minnesota Statutes, chapter 461."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

 

The report was adopted.

 

 

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

 

H. F. No. 564, A bill for an act relating to the open meeting law; establishing an administrative remedy for violations of the law; prescribing civil penalties; amending Minnesota Statutes 2002, section 13D.06, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 13D.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 13.072, subdivision 1, is amended to read:

 

Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request of a state agency, statewide system, or political subdivision government entity, the commissioner may give a written opinion on any question relating to public access to government data, rights of subjects of data, or classification of data under this chapter or other Minnesota statutes governing government data practices. Upon request of any person who disagrees with a determination regarding data practices made by a state agency, statewide system, or political subdivision government entity, the commissioner may give a written opinion regarding the person's rights as a subject of government data or right to have access to government data.

 

(b) Upon request of a body subject to chapter 13D, the commissioner may give a written opinion on any question relating to the body's duties under chapter 13D. Upon request of a person who disagrees with the manner in which members of a governing body perform their duties under chapter 13D, the commissioner may give a written opinion on compliance with chapter 13D. A governing body or person requesting an opinion under this paragraph must pay the commissioner a fee of $........

 

(c) If the commissioner determines that no opinion will be issued, the commissioner shall give the state agency, statewide system, political subdivision, government entity or body subject to chapter 13D or person requesting the opinion notice of the decision not to issue the opinion within five days of receipt of the request. If this notice is not given, the commissioner shall issue an opinion within 20 days of receipt of the request.

<HR><a name=671></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 671</b></center><HR><p> (d) For good cause and upon written notice to the person requesting the opinion, the commissioner may extend this deadline for one additional 30-day period. The notice must state the reason for extending the deadline. The state agency, statewide system, government entity or political subdivision the members of a body subject to chapter 13D must be provided a reasonable opportunity to explain the reasons for its decision regarding the data or how they perform their duties under chapter 13D. The commissioner or the state agency, statewide system, government entity or political subdivision body subject to chapter 13D may choose to give notice to the subject of the data concerning the dispute regarding the data or compliance with chapter 13D.

 

(b) (e) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

 

(c) (f) A written opinion issued by the attorney general shall take precedence over an opinion issued by the commissioner under this section.

 

Sec. 2. Minnesota Statutes 2002, section 13.072, subdivision 2, is amended to read:

 

Subd. 2. [EFFECT.] Opinions issued by the commissioner under this section are not binding on the state agency, statewide system, government entity or political subdivision members of a body subject to chapter 13D whose data or performance of duties is the subject of the opinion, but an opinion described in subdivision 1, paragraph (a), must be given deference by a court in a proceeding involving the data. The commissioner shall arrange for public dissemination of opinions issued under this section. This section does not preclude a person from bringing any other action under this chapter or other law in addition to or instead of requesting a written opinion. A government entity, members of a body subject to chapter 13D, or person that acts in conformity with a written opinion of the commissioner issued to the government entity, members, or person or to another party is not liable for compensatory or exemplary damages or awards of attorneys fees in actions under section 13.08 or for a penalty under section 13.09 or for fines, awards of attorney fees, or any other penalty under chapter 13D. A member of a body subject to chapter 13D is not subject to forfeiture of office if the member was acting in reliance on an opinion."

 

Delete the title and insert:

 

"A bill for an act relating to the open meeting law; authorizing the commissioner of administration to issue written opinions regarding compliance with the law; amending Minnesota Statutes 2002, section 13.072, subdivisions 1, 2."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 575, A bill for an act relating to state government; putting a limit on the amount to be spent on art in state-financed buildings; amending Minnesota Statutes 2002, section 16B.35, subdivision 1.

 

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

 

The report was adopted.

<HR><a name=672></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 672</b></center><HR><p> Sykora from the Committee on Education Policy to which was referred:

 

H. F. No. 580, A bill for an act relating to education; providing for curriculum and instruction premised on abstinence until marriage; amending Minnesota Statutes 2002, section 121A.23, by adding a subdivision.

 

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. 588, A bill for an act relating to local government; specifying that a township has the authority to require a natural gas utility to obtain a franchise from the township; amending Minnesota Statutes 2002, section 300.03.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. [216B.361] [TOWNSHIP AGREEMENT WITH NATURAL GAS UTILITY.]

 

A township may enter into an agreement with a public utility providing natural gas services to provide such services within a designated portion or all of the township. If a city annexes township land for which a utility has an agreement with a township to serve, the utility shall continue to have a nonexclusive right to offer and provide service in the area identified by the agreement with the township for the term of that agreement, subject to the authority of the annexing city to manage public rights-of-way within the city as provided in sections 216B.36, 237.162, and 237.163."

 

Delete the title and insert:

 

"A bill for an act relating to local government; authorizing agreements between a township and a natural gas utility to provide natural gas services in the township; proposing coding for new law in Minnesota Statutes, chapter 216B."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 652, A bill for an act relating to crimes; making it a crime of child endangerment to manufacture controlled substances in the presence of a child; amending Minnesota Statutes 2002, section 609.378, subdivision 1, by adding subdivisions.

 

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

 

The report was adopted.

<HR><a name=673></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 673</b></center><HR><p> Boudreau from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 653, A bill for an act relating to adoption; modifying postadoption services requirements; amending Minnesota Statutes 2002, section 259.83, by adding a subdivision.

 

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. 668, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the following amendments:

 

Page 6, line 19, delete "daily" and insert "weekly"

 

Page 9, delete lines 5 to 13 and insert:

 

"Subd. 7. [CONSOLIDATION.] The commissioner of health may consolidate the forms or reports described in this section with other forms or reports to achieve administrative convenience or fiscal savings or to reduce the burden of reporting requirements."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 678, A bill for an act relating to civil commitment; making a technical change; amending Minnesota Statutes 2002, section 253B.02, subdivision 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 253B.02, subdivision 7, is amended to read:

 

Subd. 7. [EXAMINER.] "Examiner" means a person who is knowledgeable, trained, and practicing in the diagnosis and assessment or in the treatment of the alleged impairment, and who is:

 

(1) a licensed physician; or

 

(2) a licensed psychologist who has a doctoral degree in psychology or who became a licensed consulting psychologist before July 2, 1975.

<HR><a name=674></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 674</b></center><HR><p> Sec. 2. Minnesota Statutes 2002, section 253B.02, subdivision 9, is amended to read:

 

Subd. 9. [HEALTH OFFICER.] "Health officer" means a licensed physician, licensed psychologist, licensed social worker, registered nurse working in an emergency room of a hospital, or psychiatric or public health nurse as defined in section 145A.02, subdivision 18, and formally designated members of a prepetition screening unit established by section 253B.07."

 

Delete the title and insert:

 

"A bill for an act relating to civil commitment; clarifying qualifications of persons making certain decisions regarding civil commitments and emergency holds; amending Minnesota Statutes 2002, section 253B.02, subdivisions 7, 9."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Policy.

 

The report was adopted.

 

 

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

 

H. F. No. 703, A bill for an act relating to state government; removing legislators from certain executive branch boards; amending Minnesota Statutes 2002, sections 15.50, subdivision 1; 41D.01, subdivisions 1, 3; 116O.09, subdivision 1a; 138.763, subdivision 1; 240A.02, subdivision 1; 298.22, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 4, line 31, reinstate the stricken "(a)"

 

Page 4, line 32, delete the new language and reinstate the stricken language

 

Page 5, delete lines 10 to 17 and insert:

 

"(b) The governor, speaker of the house of representatives, and senate majority leader shall each appoint one additional voting member, who shall not be a legislator, to the commission to a two-year term. The purpose of adding three members to the commission is to ensure gender balance in commission membership. Compensation, removal, and filling of vacancies of members appointed under this paragraph are as provided in section 15.0575. A member appointed under this paragraph may be reappointed."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

<HR><a name=675></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 675</b></center><HR><p> Smith from the Committee on Judiciary Policy and Finance to which was referred:

 

H. F. No. 731, A bill for an act relating to public safety; providing for property manager background checks on the Minnesota computerized criminal history system; amending Minnesota Statutes 2002, section 299C.68, subdivision 5.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 741, A bill for an act relating to commerce; regulating advertising by motor vehicle dealers; amending Minnesota Statutes 2002, section 168.27, subdivision 26.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 744, A bill for an act relating to the State Building Code; modifying municipal reporting requirements; amending Minnesota Statutes 2002, section 16B.685.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 756, A bill for an act relating to counties; modifying county levy authority to fund statewide, shared public safety radio system; amending Minnesota Statutes 2002, section 373.47, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 770, A bill for an act relating to Aitkin county; making the Long Lake conservation center fund a separate county enterprise fund; amending Laws 1965, chapter 616, section 1, as amended.

 

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

 

The report was adopted.

<HR><a name=676></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 676</b></center><HR><p> Swenson from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 772, A bill for an act relating to agriculture; eliminating the expiration date for the Minnesota agriculture education leadership council; repealing Minnesota Statutes 2002, section 41D.01, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 1, after line 9, insert:

 

"Sec. 2. [EFFECTIVE DATE.]

 

Section 1 is effective the day following final enactment."

 

 

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.

 

 

Seagren from the Committee on Education Finance to which was referred:

 

H. F. No. 782, A bill for an act relating to education; providing for the department of children, families, and learning administrative amendment and repeal of certain statutory provisions relating to kindergarten through grade 12; amending Minnesota Statutes 2002, sections 12.21, subdivision 3; 120A.05, subdivision 9; 122A.63, subdivision 3; 123A.06, subdivision 3; 123A.18, subdivision 2; 123A.73, subdivisions 3, 4, 5; 123B.51, subdivisions 3, 4; 123B.57, subdivision 4; 123B.63, subdivisions 1, 2, 3, 4; 123B.91, subdivision 1; 123B.92, subdivisions 1, 3; 124D.09, subdivisions 9, 10, 16; 124D.11, subdivisions 1, 2; 124D.135, subdivision 8; 124D.16, subdivision 6; 124D.19, subdivision 3; 124D.20, subdivision 5; 124D.22, subdivision 3; 124D.454, subdivisions 2, 8, 10, by adding a subdivision; 124D.65, subdivision 5; 124D.86, subdivisions 1a, 3, 6; 125A.21, subdivision 2; 126C.10, subdivision 6; 126C.15, subdivision 1; 126C.17, subdivisions 7a, 9; 126C.21, subdivision 3; 126C.42, subdivision 1; 126C.48, subdivision 3; 126C.63, subdivisions 5, 8; 126C.69, subdivisions 2, 9; 127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 3; 128D.11, subdivision 8; 169.26, subdivision 3; 169.973, subdivision 1; 178.02, subdivision 1; 273.138, subdivision 6; 298.28, subdivision 4; 475.61, subdivision 4; Laws 1965, chapter 705, as amended; repealing Minnesota Statutes 2002, sections 123A.73, subdivisions 7, 10, 11; 123B.81, subdivision 6; 124D.65, subdivision 4; 124D.84, subdivision 2; 125A.023, subdivision 5; 125A.47; 125B.11; 126C.01, subdivision 4; 126C.14; 127A.41, subdivision 6; Laws 2001, First Special Session chapter 6, article 5, section 12, as amended; Minnesota Rules, parts 3500.0600; 3520.0400; 3520.1400; 3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700; 3545.2100; 3545.2200; 3545.2400; 3545.2500; 3545.2600; 3545.3008; 3545.3010; 3545.3018; 3545.3020; 3550.0100.

 

Reported the same back with the following amendments:

 

Page 20, line 4, delete "4" and insert "3"

 

Page 20, after line 16, insert:

 

"[EFFECTIVE DATE.] This section is effective for revenue for fiscal year 2003."

<HR><a name=677></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 677</b></center><HR><p> Page 21, after line 5, insert:

 

"[EFFECTIVE DATE.] This section is effective for revenue for fiscal year 2003."

 

Page 23, lines 9 and 10, strike "lifework development" and insert "federal programs"

 

Page 45, line 26, delete "manager" and insert "director"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 821, A bill for an act relating to crime; providing reporting procedures and venue for identity theft; amending Minnesota Statutes 2002, section 609.527, by adding subdivisions.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 869, A bill for an act relating to economic development; modifying the rural challenge grant program; increasing the amount that may be used to administer the contamination cleanup grant program; transferring world trade center duties; eliminating a report; amending Minnesota Statutes 2002, sections 17.101, subdivision 1; 115C.08, subdivision 4; 116J.415, subdivisions 1, 2, 4, 5, 7, 11; 116J.955, subdivision 2; 116J.966, subdivision 1; 116L.04, subdivision 1a; repealing Minnesota Statutes 2002, sections 13.598, subdivision 2; 116J.411, subdivision 3; 116J.415, subdivisions 6, 9, 10; 116J.9665.

 

Reported the same back with the following amendments:

 

Page 6, after line 32, insert:

 

"Sec. 9. Minnesota Statutes 2002, section 116J.553, subdivision 2, is amended to read:

 

Subd. 2. [REQUIRED CONTENT.] (a) The commissioner shall prescribe and provide the application form. The application must include at least the following information:

 

(1) identification of the site;

 

(2) an approved response action plan for the site, including the results of engineering and other tests showing the nature and extent of the release or threatened release of contaminants at the site;

 

(3) a detailed estimate, along with necessary supporting evidence, of the total cleanup costs for the site;

<HR><a name=678></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 678</b></center><HR><p> (4) an appraisal of the current market value of the property, separately taking into account the effect of the contaminants on the market value, prepared by a qualified independent appraiser licensed under chapter 82B using accepted appraisal methodology or, the estimated market value of the property for the latest year shown on the most recent valuation notice used under section 273.121;

 

(5) an assessment of the development potential or likely use of the site after completion of the response action plan, including any specific commitments from third parties to construct improvements on the site;

 

(6) the manner in which the municipality will meet the local match requirement; and

 

(7) any additional information or material that the commissioner prescribes.

 

(b) A response action plan is not required as a condition to receive a grant under section 116J.554, subdivision 1, paragraph (c).

 

Sec. 10. Minnesota Statutes 2002, section 116J.554, subdivision 2, is amended to read:

 

Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant under this section, if the following criteria are met:

 

(1) the site is not scheduled for funding during the current or next fiscal year under the Comprehensive Environmental Response, Compensation, and Liability Act, United States Code, title 42, section 9601, et seq. or under the Environmental Response, and Liability Act under sections 115B.01 to 115B.24;

 

(2) the appraised value of the site after adjusting for the effect on the value of the presence or possible presence of contaminants using accepted appraisal methodology, or the current market value of the site as issued under section 273.121, separately taking into account the effect of the contaminants on the market value, (i) is less than 75 percent of the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and

 

(3) if the proposed cleanup is completed, it is expected that the site will be improved with buildings or other improvements and these improvements will provide a substantial increase in the property tax base within a reasonable period of time or the site will be used for an important publicly owned or tax-exempt facility."

 

Page 10, after line 1, insert:

 

"Sec. 14. Minnesota Statutes 2002, section 116M.14, subdivision 4, is amended to read:

 

Subd. 4. [LOW-INCOME AREA.] "Low-income area" means Minneapolis, St. Paul, and those cities in the metropolitan area as defined in section 473.121, subdivision 2, that have an average income that is below 60 80 percent of the median income for a four-person family as of the latest report by the United States Census Bureau."

 

Page 10, line 5, delete "and" and insert "116J.693;" and after "116J.9665" insert "; and 116L.03, subdivision 7"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, after "program" insert "and modifying requirements"

<HR><a name=679></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 679</b></center><HR><p> Page 1, line 6, after the semicolon, insert "repealing authorization for Advantage Minnesota, Inc. and staffing for the job skills partnership board;"

 

Page 1, line 9, after "11;" insert "116J.553, subdivision 2; 116J.554, subdivision 2;"

 

Page 1, line 10, after the semicolon, insert "116M.14, subdivision 4;"

 

Page 1, line 12, after "10;" insert "116J.693;"

 

Page 1, line 13, after "116J.9665" insert "; 116L.03, subdivision 7"

 

 

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.

 

 

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

 

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.

 

Reported the same back with the following amendments:

 

Page 1, line 18, before the period, insert "inside or outside the officer's jurisdiction"

 

Page 1, delete lines 23 to 25

 

Page 2, delete lines 1 to 8 and insert:

 

"(b) Nothing in sections 626.04 to 626.17 is meant to supersede another law or statute that limits a peace officer's authority to obtain, serve, or execute a search warrant."

 

Page 2, delete section 2 and insert:

 

"Sec. 2. Minnesota Statutes 2002, section 626.13, is amended to read:

 

626.13 [SERVICE; PERSONS MAKING.]

 

A search warrant may in all cases be served anywhere within the issuing judge's jurisdiction by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on the officer's requiring it, the officer being present and acting in its execution. If the warrant is to be served by an agent of the bureau of criminal apprehension, an agent of the division of alcohol and gambling enforcement, a state patrol trooper, a metropolitan transit police officer, or a conservation officer, the agent, state patrol trooper, police officer, <HR><a name=680></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 680</b></center><HR><p>or conservation officer An officer serving and executing a warrant shall notify the chief of police of an organized full-time police department of the municipality or, if there is no such local chief of police, the sheriff or a deputy sheriff of the county in which service is to be made prior to service and execution."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

House Resolution No. 4, A House resolution honoring Aurora, Minnesota, as it celebrates its centennial.

 

Reported the same back with the recommendation that the resolution be adopted.

 

The report was adopted.

 

 

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

 

House Resolution No. 6, A House resolution setting the maximum limit on general fund expenditures for the biennium ending June 30, 2005.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "$......." and insert "$26,544,216,000"

 

Page 1, line 9, delete "$......." and insert "$0"

 

Page 1, line 10, delete "$......." and insert "$530,000,000"

 

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 276, 365, 390, 456, 494, 517, 530, 535, 580, 652, 703, 731, 741, 744, 770 and 821 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 40, 287 and 256 were read for the second time.

<HR><a name=681></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 681</b></center><HR><p>INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Magnus, Harder, Kuisle and Seifert introduced:

 

H. F. No. 968, A bill for an act relating to highways; adding, modifying, vacating, or transferring state highways; amending Minnesota Statutes 2002, sections 161.114, subdivision 2; 161.115, by adding a subdivision; repealing Minnesota Statutes 2002, sections 161.115, subdivisions 197, 204, 233.

 

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

 

 

Penas introduced:

 

H. F. No. 969, A bill for an act relating to agriculture; authorizing certain embargoes; amending Minnesota Statutes 2002, section 31.05, by adding a subdivision.

 

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

 

 

Atkins and Pugh introduced:

 

H. F. No. 970, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a senior assisted living facility in Dakota county.

 

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

 

 

Gerlach, Davids, Pugh and Sykora introduced:

 

H. F. No. 971, A bill for an act relating to insurance; prohibiting certain insurers from transacting business in the state; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

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

 

 

Solberg; Anderson, I., and Fuller introduced:

 

H. F. No. 972, A bill for an act relating to local lodging taxes; allowing the county of Itasca to impose the local lodging tax and prohibiting municipalities located within the county from imposing a separate tax.

 

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

<HR><a name=682></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 682</b></center><HR><p> Brod, Borrell and Wardlow introduced:

 

H. F. No. 973, A bill for an act relating to veterans affairs; permitting the commissioner of veterans affairs access to taxpayer identification information to notify veterans of health hazards that might affect them; amending Minnesota Statutes 2002, section 270B.14, by adding a subdivision.

 

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

 

 

Greiling and Krinkie introduced:

 

H. F. No. 974, A bill for an act relating to consumer protection; regulating certain waste hauling contracts; 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.

 

 

Jacobson introduced:

 

H. F. No. 975, A bill for an act relating to public employees; transferring responsibilities relating to local government pay equity to the state auditor; authorizing the state auditor to adopt rules and collect a fee; amending Minnesota Statutes 2002, sections 471.999; 477A.014, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2002, section 43A.04, subdivision 10.

 

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

 

 

Jaros; Anderson, I.; Rukavina; Sieben; Lenczewski and Brod introduced:

 

H. F. No. 976, A bill for an act relating to taxation; sales tax; amending exemption for school meals; amending Minnesota Statutes 2002, section 297A.67, subdivision 5.

 

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

 

 

Erickson, Vandeveer and Rukavina introduced:

 

H. F. No. 977, A bill for an act relating to education; permitting the Minnesota state high school league to determine the required pool depth for supervised competitive high school diving occurring in pools constructed before 1995; amending Minnesota Statutes 2002, section 128C.05, by adding a subdivision.

 

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

<HR><a name=683></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 683</b></center><HR><p> Otremba and Eken introduced:

 

H. F. No. 978, A bill for an act relating to agriculture; requiring country of origin labeling of certain food products; proposing coding for new law in Minnesota Statutes, chapter 31.

 

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

 

 

Beard and Westrom introduced:

 

H. F. No. 979, A bill for an act relating to telecommunications; modifying provisions for alternative forms of regulation of telephone companies; amending Minnesota Statutes 2002, sections 237.072; 237.774; Laws 1995, chapter 156, section 25; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 2002, section 237.773; Laws 1995, chapter 156, section 22.

 

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

 

 

Davids and Davnie introduced:

 

H. F. No. 980, A bill for an act relating to crimes; prohibiting use of electronic scanning devices to capture encoded information from a credit or other financial transaction card, and placing it on another card, with intent to defraud; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Holberg introduced:

 

H. F. No. 981, A bill for an act relating to real property; acquiring right-of-way from common interest ownership communities; amending Minnesota Statutes 2002, sections 515B.1-107; 515B.3-102; 515B.3-112.

 

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

 

 

Klinzing and Greiling introduced:

 

H. F. No. 982, A bill for an act relating to education; allowing charter school students to fully participate in the extracurricular activities of a resident school district on the same basis as other public school students; amending Minnesota Statutes 2002, section 123B.49, subdivision 4.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 983, A bill for an act relating to public finance; providing for inflation in the revenue forecast; amending Minnesota Statutes 2002, section 16A.103, subdivisions 1a, 1b.

 

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

<HR><a name=684></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 684</b></center><HR><p> Swenson, Westrom, Dorman, Juhnke, Lieder, Urdahl, Penas, Kuisle, Davids, Harder, Marquart, Gunther and Magnus introduced:

 

H. F. No. 984, A bill for an act relating to cooperatives; authorizing businesses to organize as cooperative associations; providing penalties; amending Minnesota Statutes 2002, sections 80A.14, subdivision 17; 80A.15, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 308B.

 

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

 

 

Westrom, Swenson, Juhnke, Dorman and Penas introduced:

 

H. F. No. 985, A bill for an act relating to traffic regulations; increasing maximum gross weight for certain vehicles and combinations on noninterstate trunk highways; amending Minnesota Statutes 2002, section 169.824, subdivision 2.

 

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

 

 

Zellers; Osterman; Carlson; Olsen, S., and Nelson, M., introduced:

 

H. F. No. 986, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Northwest busway.

 

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

 

 

Solberg; Anderson, I., and Fuller introduced:

 

H. F. No. 987, A bill for an act relating to counties; authorizing counties to transfer jurisdiction and ownership of vacated county highway; amending Minnesota Statutes 2002, section 163.11, by adding a subdivision.

 

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

 

 

Magnus introduced:

 

H. F. No. 988, A bill for an act relating to transportation; authorizing commissioner of transportation to replace railroad lands needed for a trunk highway; amending Minnesota Statutes 2002, section 161.241, subdivision 1.

 

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

 

 

Jacobson and Greiling introduced:

 

H. F. No. 989, A bill for an act relating to the city of Roseville; authorizing creation of a tax increment financing district subject to certain rules.

 

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

<HR><a name=685></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 685</b></center><HR><p> Howes, Davids and Blaine introduced:

 

H. F. No. 990, A bill for an act relating to education; detaching land from independent school district No. 2170, Staples-Motley, for a new school district.

 

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

 

 

Fuller introduced:

 

H. F. No. 991, A bill for an act relating to capital investment; appropriating money for construction of a portion of the Paul Bunyan state trail in Bemidji; 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.

 

 

Erickson introduced:

 

H. F. No. 992, A bill for an act relating to health; providing for record of birth to be filed for birth resulting in stillbirth; amending Minnesota Statutes 2002, section 144.215, subdivision 2, by adding a subdivision.

 

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

 

 

Solberg; Anderson, I., and Fuller introduced:

 

H. F. No. 993, A bill for an act relating to highways; authorizing counties to designate county highways as cartways; amending Minnesota Statutes 2002, section 163.11, by adding a subdivision.

 

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

 

 

Swenson, by request, introduced:

 

H. F. No. 994, A bill for an act relating to agriculture; changing certain ethanol development provisions; amending Minnesota Statutes 2002, section 41A.09, subdivisions 2a, 3a; repealing Minnesota Statutes 2002, section 41A.09, subdivisions 1, 1a, 6, 7, 8.

 

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

 

 

Cox, Westrom, Hackbarth and Ozment introduced:

 

H. F. No. 995, A bill for an act relating to utilities; modifying notice and plan requirements before excavating around utility facilities; allowing notice exception for emergency; requiring rules for damage reports; making technical and clarifying changes; amending Minnesota Statutes 2002, sections 216D.04, subdivisions 1, 1a, 2, 3, 4; 216D.05; 216D.06, subdivision 3, by adding a subdivision; 216D.08, subdivision 1.

 

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

<HR><a name=686></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 686</b></center><HR><p> Wilkin, Kohls, Davids and Zellers introduced:

 

H. F. No. 996, A bill for an act relating to insurance; amending automobile no-fault personal injury protection coverage; changing no-fault arbitration provisions; reducing insurance fraud; amending Minnesota Statutes 2002, sections 65B.525; 65B.56, subdivision 1.

 

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

 

 

Mullery; Smith; Walz; Murphy; Mahoney; Ozment; Nelson, M.; Gunther and Greiling introduced:

 

H. F. No. 997, A bill for an act relating to retirement; authorizing plumbers and pipefitters local pension fund exception to restriction on public fund contributions; amending Minnesota Statutes 2002, section 356.24, subdivision 1.

 

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

 

 

Kelliher introduced:

 

H. F. No. 998, A bill for an act relating to highways; establishing categories of community preservation routes in the county state-aid highway system and municipal state-aid street system; providing for adoption of minimum construction and reconstruction standards; proposing coding for new law in Minnesota Statutes, chapter 162.

 

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

 

 

Olsen, S.; Seifert; Pelowski; Nelson, C., and Stang introduced:

 

H. F. No. 999, A bill for an act relating to higher education; adding students to the regent advisory council; amending Minnesota Statutes 2002, section 137.0245, subdivision 2.

 

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

 

 

Rhodes; Cox; Nelson, P.; Hilstrom and Bernardy introduced:

 

H. F. No. 1000, A bill for an act relating to drivers' licenses; restricting use of provisional driver's license; requiring all passengers in vehicle operated by provisional license holder to use seat belts and imposing fines; amending Minnesota Statutes 2002, sections 169.686, subdivision 1; 171.04, subdivision 1; 171.055, subdivision 2.

 

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

 

 

Boudreau, Huntley, Samuelson, Abeler and Rhodes introduced:

 

H. F. No. 1001, A bill for an act relating to health; classifying certain data; establishing a reporting system for adverse health care events; appropriating money; amending Minnesota Statutes 2002, section 13.381, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

<HR><a name=687></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 687</b></center><HR><p> Solberg and Erickson introduced:

 

H. F. No. 1002, A bill for an act relating to capital improvements; appropriating money to commissioner of transportation for state's matching amount for recreational bridge over highway 169 in Mille Lacs county; authorizing sale of state bonds.

 

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

 

 

Strachan, Rhodes, Juhnke, Kahn, Boudreau, Soderstrom, Cox, Eken, Solberg, Hilty, Lindgren and Heidgerken introduced:

 

H. F. No. 1003, A bill for an act relating to public employees; providing an exclusion from the political subdivision compensation limit; amending Minnesota Statutes 2002, section 43A.17, subdivision 9.

 

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

 

 

Solberg; Anderson, I., and Fuller introduced:

 

H. F. No. 1004, A bill for an act relating to counties; expanding authority to acquire real property by exchange; amending Minnesota Statutes 2002, section 373.01, subdivision 1.

 

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

 

 

Westerberg; Johnson, J.; Davids; Osterman; Wilkin; Haas and Beard introduced:

 

H. F. No. 1005, A bill for an act relating to insurance; amending automobile no-fault personal injury protection coverage; providing incentives for prompt billing by health care providers; reducing insurance fraud; amending Minnesota Statutes 2002, sections 65B.43, subdivision 9, by adding a subdivision; 65B.44, subdivisions 2, 3, 4; 65B.54, subdivision 2, by adding a subdivision.

 

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

 

 

Boudreau, Kielkucki and Solberg introduced:

 

H. F. No. 1006, A bill for an act relating to elections; providing for conformity with the federal Help America Vote Act; creating a complaint process; imposing a penalty; amending Minnesota Statutes 2002, sections 201.021; 201.022; 201.061, subdivision 1, by adding subdivisions; 201.071, subdivisions 1, 3, by adding a subdivision; 201.091, subdivisions 4, 5; 201.121, subdivision 1; 201.13, subdivision 1; 201.15; 201.155; 201.161; 201.171; 201.221, subdivisions 2, 3; 203B.06, subdivision 4; 203B.08, subdivision 3; 203B.12, subdivision 2; 203B.16, by adding a subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26; 204B.47; 204C.10; 206.57, by adding subdivisions; 206.81; proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C.

 

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

<HR><a name=688></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 688</b></center><HR><p> Erhardt introduced:

 

H. F. No. 1007, A bill for an act relating to highways; requiring that highway 62 be treated as interstate system highway for purposes of municipal approval.

 

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

 

 

Zellers and Rhodes introduced:

 

H. F. No. 1008, A bill for an act relating to drivers' licenses; modifying choices relating to organ donation provided on driver's license application; amending Minnesota Statutes 2002, section 171.06, subdivision 3.

 

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

 

 

Rhodes, Latz, Sviggum and Meslow introduced:

 

H. F. No. 1009, A bill for an act relating to education; modifying qualifying criteria to participate in alternative facilities bonding and levy program; amending Minnesota Statutes 2002, section 123B.59, subdivision 1.

 

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

 

 

Nelson, M.; Anderson, I.; Lieder; Sieben; Pugh; Entenza; Otto; Carlson; Hilstrom; Kelliher; Mahoney; Wagenius; Larson; Juhnke; Thao; Atkins; Mullery; Huntley; Goodwin; Peterson; Solberg; Eken; Marquart; Biernat; Koenen; Thissen; Wasiluk; Lenczewski; Greiling; Paymar; Murphy and Slawik introduced:

 

H. F. No. 1010, A resolution expressing support for our armed forces in the conflict with Iraq; urging support for military families in the United States, calling on the governor to declare a day of prayer.

 

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

 

 

Howes, Sviggum and Otremba introduced:

 

H. F. No. 1011, A bill for an act relating to health occupations; modifying licensure requirements for occupational therapists whose licenses have lapsed for more than four years; amending Minnesota Statutes 2002, section 148.6425, subdivision 3.

 

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

 

 

Osterman, Knoblach and Gunther introduced:

 

H. F. No. 1012, A bill for an act relating to jobs; providing for grants to qualified job training programs; appropriating money.

 

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

<HR><a name=689></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 689</b></center><HR><p> Olson, M., and Anderson, B., introduced:

 

H. F. No. 1013, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 5; providing for public debt to be incurred for loans for personal rapid transit systems.

 

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

 

 

Olson, M.; Eastlund and Anderson, B., introduced:

 

H. F. No. 1014, A bill for an act relating to education; prohibiting school districts and the department of children, families, and learning from accepting certain federal grants or grants from nongovernmental organizations where the actual costs of implementing the program exceed the grant amount; amending Minnesota Statutes 2002, sections 123B.02, by adding a subdivision; 127A.09, subdivision 1.

 

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

 

 

Rukavina, Krinkie and Kahn introduced:

 

H. F. No. 1015, A bill for an act relating to state government; state vehicles; regulating the leasing or other acquisition of motor vehicles for the use of state officials and employees; amending Minnesota Statutes 2002, section 16B.54, by adding a subdivision.

 

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

 

 

Wilkin introduced:

 

H. F. No. 1016, A bill for an act relating to insurance; regulating Medicare supplement insurance; conforming state law to the minimum federal standards; amending Minnesota Statutes 2002, sections 62A.31, subdivisions 1f, 1u; 62A.315; 62A.316.

 

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

 

 

Abrams; Seagren; Johnson, J.; Sykora and Latz introduced:

 

H. F. No. 1017, A bill for an act relating to education finance; increasing the referendum revenue cap by the rate of inflation; amending Minnesota Statutes 2002, section 126C.17, subdivision 2.

 

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

 

 

Hackbarth and Gunther introduced:

 

H. F. No. 1018, A bill for an act relating to the environment; modifying provisions relating to the petroleum tank release cleanup fund; amending Minnesota Statutes 2002, sections 115C.02, subdivision 14; 115C.09, subdivision 3; 115C.11, subdivision 1; 115C.13.

 

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

<HR><a name=690></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 690</b></center><HR><p> Davids introduced:

 

H. F. No. 1019, A bill for an act relating to insurance; applying the Minnesota No-Fault Automobile Insurance Act to horse-drawn vehicles regularly operated on public roads; establishing insurance requirements; amending Minnesota Statutes 2002, sections 65B.43, by adding a subdivision; 169.791, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 65B.

 

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

 

 

Haas, Erickson, Rhodes, Mariani and Ellison introduced:

 

H. F. No. 1020, A bill for an act relating to state lottery; authorizing the director of the state lottery to establish a state-run gaming facility; providing for revenue sharing among native American governments and a city government; providing duties and powers to the director of the state lottery; imposing a tax on adjusted gross revenue of the facility; providing for the use of gaming facility revenues; authorizing issuance and sales of state bonds; authorizing on-sale liquor license at the facility; creating an advisory council; appropriating money; amending Minnesota Statutes 2002, sections 16B.24, subdivision 9; 297A.62, subdivision 1, by adding a subdivision; 297A.94; 299L.07, subdivisions 2, 2a; 349A.01, subdivision 8, by adding subdivisions; 349A.04; 349A.05; 349A.10, subdivisions 3, 5, by adding a subdivision; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 1021, A bill for an act relating to public finance; requiring an additional revenue forecast; amending Minnesota Statutes 2002, section 16A.103, subdivision 1.

 

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

 

 

Eken, Koenen, Rukavina, Peterson, Hilty, Juhnke, Otremba, Goodwin, Greiling, Atkins, Davnie and Lenczewski introduced:

 

H. F. No. 1022, A bill for an act relating to tax, tuition, and fee increases; prohibiting regressive increases; prohibiting new taxes or fees that are regressive.

 

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

 

 

Abeler, Meslow, Greiling, Demmer and Otto introduced:

 

H. F. No. 1023, A bill for an act relating to education finance; encouraging school districts to reduce school bus emissions; permitting school districts to provide repairs and technologies to protect students from emissions; amending Minnesota Statutes 2002, sections 123B.57, subdivisions 2, 6; 126C.10, subdivision 14.

 

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

<HR><a name=691></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 691</b></center><HR><p> Kuisle, Haas and Lipman introduced:

 

H. F. No. 1024, A bill for an act relating to state government; modifying provisions relating to state contracting and state printing services; amending Minnesota Statutes 2002, sections 16A.11, subdivision 3; 16B.465, subdivision 7; 16B.47; 16B.48, subdivision 2; 16B.49; 16C.05, subdivision 2; 16C.08, subdivisions 2, 3, 4, by adding a subdivision; 16C.09; 16E.07, subdivision 9; 116J.8771; 136F.77, subdivision 3; 256B.435, subdivision 2a; 268.186; proposing coding for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes 2002, sections 12.221, subdivision 5; 16B.50; 16C.07; 43A.047.

 

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

 

 

Lenczewski, Seagren and Larson introduced:

 

H. F. No. 1025, A bill for an act relating to public safety; clarifying eligibility of local governments for state aid in building components of the regionwide public safety radio and communications system; amending Minnesota Statutes 2002, sections 473.891, subdivision 10; 473.898, subdivision 3.

 

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

 

 

Kohls and Samuelson introduced:

 

H. F. No. 1026, A bill for an act relating to human services; authorizing a medical assistance capitated payment option for waivered services, day training and habilitation services, and intermediate care facility services for persons with mental retardation or a related condition; amending Minnesota Statutes 2002, sections 252.46, by adding a subdivision; 256B.69, subdivisions 6a, 23; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

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

 

 

Hoppe introduced:

 

H. F. No. 1027, A bill for an act relating to public safety; modifying 911 emergency telecommunications provisions governing fee submission procedures and audits; amending Minnesota Statutes 2002, section 403.11, subdivisions 1, 3c.

 

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

 

 

Mullery, Gunther and Davids introduced:

 

H. F. No. 1028, A bill for an act relating to landlords and tenants; modifying provisions relating to applicant screening fees; amending Minnesota Statutes 2002, section 504B.173, subdivision 1, by adding a subdivision.

 

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

<HR><a name=692></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 692</b></center><HR><p> Lindgren, Urdahl, Koenen, Howes, Swenson, Haas and Walz introduced:

 

H. F. No. 1029, A bill for an act relating to natural resources; permitting the use of triploid grass carp for aquatic vegetation control; requiring rulemaking; providing criminal penalties; amending Minnesota Statutes 2002, sections 84D.11, subdivision 1; 84D.13, subdivision 3; and 97C.521; proposing coding for new law in Minnesota Statutes, chapter 84D.

 

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

 

 

Otremba, Hilty, Entenza and Thao introduced:

 

H. F. No. 1030, A bill for an act relating to health occupations; modifying supervision requirements for drug and alcohol counselor temporary practice; amending Minnesota Statutes 2002, section 148C.04, subdivision 6.

 

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

 

 

Otremba, Walz, Holberg, Lanning, Harder, Borrell and Nelson, P., introduced:

 

H. F. No. 1031, A bill for an act relating to child support; establishing a standard of eligibility for nonpublic assistance IV-D child support services; amending Minnesota Statutes 2002, section 518.54, subdivision 14, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256J.

 

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

 

 

Slawik, Biernat and Holberg introduced:

 

H. F. No. 1032, A bill for an act relating to operation of state government; establishing the Minnesota False Claims Act; assessing penalties; proposing coding for new law as Minnesota Statutes, chapter 12A.

 

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

 

 

Abrams introduced:

 

H. F. No. 1033, A bill for an act relating to property taxation; converting the state general tax on commercial-industry property to a tax based on land value; amending Minnesota Statutes 2002, section 275.025, subdivision 4, by adding a subdivision.

 

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

 

 

Dill introduced:

 

H. F. No. 1034, A bill for an act relating to taxation; authorizing the city of Beaver Bay to impose a sales and use tax; providing for use of the proceeds.

 

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

<HR><a name=693></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 693</b></center><HR><p> Strachan; Johnson, S.; Hilty; Ellison and Eastlund introduced:

 

H. F. No. 1035, A bill for an act relating to public safety; modifying provisions relating to DWI breath-testing instruments; amending Minnesota Statutes 2002, sections 169A.03, subdivision 11; 169A.45, subdivision 4; 169A.51, subdivision 5; 169A.75; 360.0753, subdivision 4; 634.16.

 

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

 

 

Seifert, Pelowski and Paulsen introduced:

 

H. F. No. 1036, A bill for an act relating to corrections; proposing coding for new law in Minnesota Statutes, chapter 243.

 

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

 

 

Ellison and Lipman introduced:

 

H. F. No. 1037, A bill for an act relating to crimes; changing controlled substance offenses to include six degrees; imposing penalties; amending Minnesota Statutes 2002, sections 152.021; 152.022; 152.023; 152.024; 152.025; 590.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.

 

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

 

 

Urdahl and Heidgerken introduced:

 

H. F. No. 1038, A bill for an act relating to education finance; authorizing a levy for certain hazardous pupil transportation services; amending Minnesota Statutes 2002, section 123B.92, by adding a subdivision.

 

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

 

 

Davids and Pugh introduced:

 

H. F. No. 1039, A bill for an act relating to commerce; regulating financial institution examinations, applications, loans, and organizational provisions; revising the standard nonforfeiture law for individual deferred annuities; making various technical changes; repealing obsolete rules; amending Minnesota Statutes 2002, sections 46.04, subdivision 1; 46.041, subdivision 2; 47.015, by adding a subdivision; 47.101, subdivision 2; 47.59, subdivision 2; 48.08; 48.24, subdivision 6; 52.06, subdivision 1; 61A.245, subdivisions 3, 4, 5, 6, 12; 300.025; 300.23; 332.29, subdivision 1; repealing Minnesota Rules, parts 2675.0300; 2675.2250; 2675.6400.

 

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

<HR><a name=694></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 694</b></center><HR><p> Wilkin introduced:

 

H. F. No. 1040, A bill for an act relating to public employment labor relations; defining health care nonprofessionals as "essential employees"; amending Minnesota Statutes 2002, section 179A.03, subdivision 7.

 

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

 

 

Urdahl, Seifert, Pugh, Atkins and Knoblach introduced:

 

H. F. No. 1041, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 3; modifying reapportionment requirements once each 20 years to provide for uninterrupted four-year senate terms.

 

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

 

 

Wardlow; Abrams; Smith; Nelson, P.; Johnson, J.; Demmer; Urdahl; Heidgerken; Finstad; Cornish; DeLaForest; Eastlund; Tingelstad and Severson introduced:

 

H. F. No. 1042, A bill for an act relating to the metropolitan sports facilities commission; changing its name and membership; amending Minnesota Statutes 2002, sections 473.551, subdivision 3; 473.553, subdivisions 1, 2, 3, 4, 5, 7; 473.564, subdivision 3; 473.5995, subdivision 2; 473I.01, subdivision 3.

 

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

 

 

Anderson, B.; Severson; Lindgren; Koenen; Rukavina; Walker; Westerberg; Lieder; Hackbarth and Lindner introduced:

 

H. F. No. 1043, A bill for an act relating to commerce; providing for funding with certificates for infrastructure; proposing coding for new law in Minnesota Statutes, chapter 161.

 

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

 

 

Brod, Seagren, Abeler, Paulsen, Otremba, Bradley, Opatz and Thissen introduced:

 

H. F. No. 1044, A bill for an act relating to professions; providing clarification of costs and penalties that may be collected in disciplinary proceedings by the boards of nursing home administrators, optometry, chiropractic examiners, physical therapy, dentistry, podiatric medicine, pharmacy, and veterinary medicine; providing for civil penalties; amending Minnesota Statutes 2002, sections 148.10, subdivision 3; 148.603; 150A.08, subdivision 3, by adding a subdivision; 151.06, by adding a subdivision; 153.22, subdivisions 1, 5; 156.127, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapters 144A; 148.

 

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

<HR><a name=695></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 695</b></center><HR><p> Eastlund; Nelson, P., and Erickson introduced:

 

H. F. No. 1045, A bill for an act relating to the military; providing for modification of support obligations of certain persons called into active military service; amending Minnesota Statutes 2002, section 518.64, by adding a subdivision.

 

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. 1046, A bill for an act relating to education; appropriating money for the Minnesota learning resource center.

 

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

 

 

Thao introduced:

 

H. F. No. 1047, A bill for an act relating to crimes; defining "identifiable minor" for purposes of the law prohibiting use of minors in sexual performances; amending Minnesota Statutes 2002, section 617.246, subdivision 1.

 

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

 

 

Penas, Lieder, Kuisle, Gunther, Ozment, Eken and Lindgren introduced:

 

H. F. No. 1048, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; appropriating money.

 

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

 

 

Rhodes introduced:

 

H. F. No. 1049, A bill for an act relating to education; providing student instruction in personal financial management and investment; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

Zellers and Kuisle introduced:

 

H. F. No. 1050, A bill for an act relating to the metropolitan council; clarifying and specifying in greater detail how a previous appropriation for the northwest busway may be used; amending Laws 2002, chapter 393, section 19, subdivision 2.

 

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

<HR><a name=696></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 696</b></center><HR><p> Wagenius, Sviggum, Cox, Tingelstad and Clark introduced:

 

H. F. No. 1051, A bill for an act relating to the environment; requiring the review of cumulative impact information; amending Minnesota Statutes 2002, section 116D.04, subdivisions 1a, 2a, 5a.

 

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

 

 

Marquart introduced:

 

H. F. No. 1052, A bill for an act relating to taxation; property tax; specifying the personal property taxes that must be paid before a manufactured home's title can be transferred; amending Minnesota Statutes 2002, section 168A.05, subdivision 1a.

 

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

 

 

Seifert introduced:

 

H. F. No. 1053, A bill for an act relating to crime prevention; allowing double bunking in jails; authorizing sheriffs and boards of county and regional jails to contract with private prisons for the care, custody, and rehabilitation of jail inmates; amending Minnesota Statutes 2002, sections 641.14; 641.263, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 641.

 

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

 

 

McNamara introduced:

 

H. F. No. 1054, A bill for an act relating to environment; modifying requirements for solid waste plans; amending Minnesota Statutes 2002, section 115A.46, subdivision 1.

 

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

 

 

Westerberg, Haas, Rukavina, Rhodes and Davids introduced:

 

H. F. No. 1055, A bill for an act relating to commerce; requiring registration of certain employees of residential mortgage originators; amending Minnesota Statutes 2002, section 58.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 58.

 

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

<HR><a name=697></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 697</b></center><HR><p> Abrams introduced:

 

H. F. No. 1056, A bill for an act relating to metropolitan government; providing for the financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations; amending Minnesota Statutes 2002, section 473.39, by adding a subdivision.

 

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

 

 

Dempsey introduced:

 

H. F. No. 1057, A bill for an act relating to taxation; requiring the state to share with the counties certain tax revenues generated on Indian reservations; amending Minnesota Statutes 2002, section 270.60, subdivision 4.

 

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

 

 

Walz; Lesch; Strachan; Johnson, S.; Smith and Fuller introduced:

 

H. F. No. 1058, A bill for an act relating to firearms; authorizing the use of silencing devices designed to muffle discharges of firearms for law enforcement tactical emergency response operations; eliminating an obsolete provision prohibiting manufacture or sale of slungshots and sand clubs; amending Minnesota Statutes 2002, section 609.66, subdivisions 1, 1a, by adding a subdivision.

 

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

 

 

Osterman introduced:

 

H. F. No. 1059, A bill for an act relating to housing; housing finance agency; making various clarifying, technical, and other changes to agency programs; increasing debt ceiling; extending civil service pilot project; amending Minnesota Statutes 2002, sections 462A.05, by adding a subdivision; 462A.057, subdivision 1; 462A.073, subdivision 2; 462A.22, subdivisions 1, 7; Laws 1993, chapter 301, section 1, subdivision 4, as amended; Laws 1995, chapter 248, article 12, section 2, as amended.

 

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

 

 

Wagenius; Johnson, S.; Anderson, I.; Koenen; Juhnke; Kelliher; Walker; Clark; Kahn; Peterson; Mariani; Davnie; Thao; Hilty; Greiling; Carlson; Thissen; Hornstein; Eken; Lieder; Dorn; Lenczewski; Ellison; Biernat; Paymar; Mullery; Larson; Murphy; Otremba; Goodwin; Huntley; Jaros and Pugh introduced:

 

H. F. No. 1060, A bill for an act relating to energy; providing for the phaseout of nuclear reactors; replacement of nuclear energy with alternative sources; acceleration with respect to the metropolitan emissions reduction plan; increasing funding for conservation improvements; amending Minnesota Statutes 2002, sections 216B.241, subdivisions 1a, 2; 216B.50, by adding a subdivision.

 

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

<HR><a name=698></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 698</b></center><HR><p> Wilkin introduced:

 

H. F. No. 1061, A bill for an act relating to education; repealing and replacing the profile of learning; requiring legislative review of proposed statewide rigorous core academic standards in language arts, mathematics, science, and history and geography; repealing portions of Minnesota Rules, chapter 3501; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

Abeler and Otremba introduced:

 

H. F. No. 1062, A bill for an act relating to higher education; limiting tuition increases for public postsecondary education; amending Minnesota Statutes 2002, section 135A.031, by adding a subdivision.

 

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

 

 

Abeler and Bernardy introduced:

 

H. F. No. 1063, A bill for an act relating to higher education; changing the calculation of a state grant; amending Minnesota Statutes 2002, section 136A.121, subdivision 6.

 

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

 

 

Samuelson introduced:

 

H. F. No. 1064, A bill for an act relating to state employees; making technical and housekeeping changes; amending Minnesota Statutes 2002, sections 43A.08, subdivision 1a; 43A.30, subdivision 5; 43A.319; repealing Minnesota Statutes 2002, section 43A.181.

 

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

 

 

Holberg, Greiling, Gerlach, Rhodes and Sviggum introduced:

 

H. F. No. 1065, A bill for an act relating to the legislature; specifying the size of the legislature; coordinating legislative districts and congressional districts; amending Minnesota Statutes 2002, sections 2.021; 2.031, subdivision 1.

 

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

<HR><a name=699></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 699</b></center><HR><p> Zellers, Stang, Severson, Murphy, Seifert, Hilstrom, Penas, Fuller and Smith introduced:

 

H. F. No. 1066, A bill for an act relating to public safety; modifying state hazardous materials team provisions; amending Minnesota Statutes 2002, sections 299A.49, subdivisions 2, 4; 299A.50, subdivision 1; 299A.51, subdivisions 1, 2; repealing Minnesota Statutes 2002, sections 299A.50, subdivisions 2, 3; Minnesota Rules, parts 7514.0100; 7514.0200; 7514.0300; 7514.0400; 7514.0500; 7514.0600; 7514.0700; 7514.0800; 7514.0900; 7514.1000; 7514.1100; 7514.1200; 7514.1300; 7514.1400; 7514.1500; 7514.1600; 7514.1700; 7514.1800; 7514.1900; 7514.2000.

 

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

 

 

Sykora, Boudreau and Abeler introduced:

 

H. F. No. 1067, A bill for an act relating to professions; providing for licensure of surgical assistants; authorizing rulemaking; providing civil penalties; amending Minnesota Statutes 2002, sections 13.383, by adding a subdivision; 62A.3092, subdivision 2; 62J.52, subdivision 2; 62J.54, subdivision 2; 116.79, subdivision 1; 116J.70, subdivision 2a; 116L.12, subdivision 6; 144.054, subdivision 2; 147.09; 147.091, subdivision 1; 214.18, subdivision 5; 256B.0625, by adding a subdivision; 319B.02, subdivision 19; 319B.40; proposing coding for new law as Minnesota Statutes, chapter 147E.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 1068, A bill for an act relating to appropriations; authorizing state bonds; appropriating money to maintain the old Cedar Avenue bridge for hikers and bikers.

 

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

 

 

Stang, Knoblach, Opatz and Severson introduced:

 

H. F. No. 1069, A bill for an act relating to taxation; repealing an aggregate tax exception for Benton and Stearns counties; repealing Laws 1984, chapter 652, section 2.

 

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

 

 

Slawik introduced:

 

H. F. No. 1070, A bill for an act relating to highways; encouraging cooperation between road authorities and adopt-a-highway volunteers; proposing coding for new law in Minnesota Statutes, chapter 160.

 

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

<HR><a name=700></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 700</b></center><HR><p> Seifert; Rukavina; Sviggum; Juhnke; Magnus; Heidgerken; Borrell; Smith; Adolphson; DeLaForest; Beard; Kielkucki; Sykora; Anderson, J.; Demmer; Latz; Eastlund; Slawik; Wardlow; Urdahl; Zellers; Pelowski; Bernardy; Lieder; Dill; Peterson; Solberg; Finstad; Penas; Lindgren; Erickson; Nelson, C.; Marquart; Eken and Howes introduced:

 

H. F. No. 1071, A bill for an act relating to traffic regulations; providing for speed limits of 65 miles per hour during daytime and 55 miles per hour during nighttime on paved two-lane highways; amending Minnesota Statutes 2002, sections 169.14, subdivision 2; 169.99, subdivision 1b; 171.12, subdivision 6.

 

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

 

 

Stang introduced:

 

H. F. No. 1072, A bill for an act relating to game and fish; providing an exception to the prohibition on transfer of a deer tag; amending Minnesota Statutes 2002, section 97A.415, subdivision 2.

 

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

 

 

Stang introduced:

 

H. F. No. 1073, A bill for an act relating to capital improvements; authorizing the sale of state bonds; appropriating money for the Lake Koronis recreational trail.

 

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

 

 

Kielkucki and Hackbarth introduced:

 

H. F. No. 1074, A bill for an act relating to gambling; authorizing issuance of a single license by the commissioner of public safety; providing for regulation and taxation of casino; proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; appropriating money; amending Minnesota Statutes 2002, sections 299L.07, subdivision 2a; 349.31, by adding a subdivision; 541.20; 541.21; 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 349B.

 

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

 

 

Eken and Lieder introduced:

 

H. F. No. 1075, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Norman county.

 

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

<HR><a name=701></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 701</b></center><HR><p> Cornish, Dill, Otto, Hoppe, Hackbarth, Peterson, Lindgren, Wagenius, Tingelstad, Howes, Urdahl, Swenson and Ozment introduced:

 

H. F. No. 1076, A bill for an act relating to natural resources; appropriating money and authorizing the sale of bonds for acquisition of wildlife management areas.

 

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

 

 

Hackbarth, Ozment, Cornish, Dill and Penas introduced:

 

H. F. No. 1077, A bill for an act relating to natural resources; modifying provisions for certain off-highway vehicles; modifying disposition of money in certain accounts; creating a state forest adopt-a-trail program; providing for the designation of motorized trails in state forests; exempting certain motorized trail designation from environmental review; providing for local law enforcement off-highway vehicle grants; providing civil penalties; appropriating money; amending Minnesota Statutes 2002, sections 84.788, subdivisions 2, 3; 84.794, subdivision 2; 84.803, subdivision 2; 84.90, subdivision 7; 84.92, subdivision 8; 84.927, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 89.

 

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

 

 

Paymar introduced:

 

H. F. No. 1078, A bill for an act relating to elections; implementing certain requirements of the Help America Vote Act of 2002 relating to voter registration and identification; amending Minnesota Statutes 2002, sections 201.071, subdivisions 1, 3; 201.091, subdivision 1; 203B.07, subdivision 1; 204B.45, subdivision 2; 204C.10.

 

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

 

 

Lanning and Marquart introduced:

 

H. F. No. 1079, A bill for an act relating to border city enterprise zones; authorizing additional allocations; amending Minnesota Statutes 2002, section 469.169, by adding a subdivision.

 

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

 

 

Brod; Heidgerken; Zellers; Adolphson; Wardlow; Borrell; Stang; Nelson, C., and Severson introduced:

 

H. F. No. 1080, A bill for an act relating to the military; extending certain tuition reimbursement; deleting a reporting requirement; amending Minnesota Statutes 2002, section 192.501, subdivision 2.

 

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

<HR><a name=702></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 702</b></center><HR><p> Lindgren introduced:

 

H. F. No. 1081, A bill for an act relating to animals; eliminating a requirement for anaplasmosis testing; repealing Minnesota Statutes 2002, section 35.251; Minnesota Rules, parts 1700.0800; 1700.1000; 1700.1300; 1705.0550; 1705.0560; 1705.0570; 1705.0580; 1705.0590; 1705.0600; 1705.0610; 1705.0630; 1715.1430.

 

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

 

 

Samuelson and Lipman introduced:

 

H. F. No. 1082, A bill for an act relating to the state auditor; changing outdated language; modifying duties of the state auditor; clarifying accrued liability determination; amending Minnesota Statutes 2002, sections 6.71; 6.72, subdivision 1; 6.74; 6.75; 6.77; 69.772, subdivision 2; 115A.929; 306.95; 458D.17, subdivision 5; 471.696; 477A.014, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2002, sections 3.971, subdivision 8; 149A.97, subdivision 8; 163.10; 306.97.

 

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

 

 

Lanning introduced:

 

H. F. No. 1083, A bill for an act relating to motor fuels; updating specifications for petroleum products; amending Minnesota Statutes 2002, sections 41A.09, subdivision 2a; 239.761; 239.792; 296A.01, subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24, 25, 26, 28, by adding a subdivision.

 

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

 

 

Borrell introduced:

 

H. F. No. 1084, A bill for an act relating to data privacy; clarifying a provision classifying certain federally required data; amending Minnesota Statutes 2002, section 13.35.

 

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

 

 

Juhnke introduced:

 

H. F. No. 1085, A bill for an act relating to health; directing the commissioner of health to establish separate certification requirements for small environmental laboratories; modifying fees; providing for rulemaking; amending Minnesota Statutes 2002, sections 144.97, by adding a subdivision; 144.98, subdivisions 2, 3, by adding subdivisions.

 

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

<HR><a name=703></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 703</b></center><HR><p> Smith, Murphy, Rhodes and Sviggum introduced:

 

H. F. No. 1086, A bill for an act relating to retirement; modifying military service credit purchase provisions in the teachers retirement association and first class city teacher plans; providing for compliance with certain provisions of the Internal Revenue Code related to all retirement plans; making other clarifying and technical changes; amending Minnesota Statutes 2002, sections 354.42, subdivision 7; 354.53; 354.533, subdivision 1; 354A.093; 354A.097, subdivision 1; 356.611, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 356.

 

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

 

 

Osterman, Atkins, Walz, Gunther and Holberg introduced:

 

H. F. No. 1087, A bill for an act relating to economic security; regulating use of certain wage and employment data; amending Minnesota Statutes 2002, section 268.19, by adding a subdivision.

 

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

 

 

Eken, Marquart, Peterson, Koenen, Lieder and Heidgerken introduced:

 

H. F. No. 1088, A bill for an act relating to education finance; creating a new component of general education aid to promote small school sustainability; eliminating alternative facilities aid; dedicating the growth in the statewide general property tax; appropriating money; amending Minnesota Statutes 2002, sections 126C.10, subdivision 1, by adding a subdivision; 275.025, subdivision 1; repealing Minnesota Statutes 2002, section 123B.59, subdivisions 6, 7.

 

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

 

 

Marquart introduced:

 

H. F. No. 1089, A bill for an act relating to taxation; property tax; creating a citizens' investment and local government excellence program designed to encourage citizen input in the budget process; giving aids to the cities and counties who participate in the program; providing for exemption from certain truth in taxation hearing and advertising requirements; amending Minnesota Statutes 2002, sections 275.065; 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 275.

 

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

 

 

Demmer introduced:

 

H. F. No. 1090, A bill for an act relating to agriculture; recodifying and clarifying plant pest, pest control, and seed laws; changing certain procedures, requirements, and fees; imposing penalties; appropriating money; amending Minnesota Statutes 2002, sections 21.81, subdivision 8, by adding subdivisions; 21.82; 21.83, subdivision 2; 21.84; 21.85, subdivisions 11, 13; 21.86; 21.88; 21.89, subdivisions 2, 4; 21.90, subdivisions 2, 3; 21.901; proposing coding for new law in Minnesota Statutes, chapter 21; proposing coding for new law as Minnesota Statutes, <HR><a name=704></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 704</b></center><HR><p>chapters 18G; 18H; 18J; repealing Minnesota Statutes 2002, sections 18.012; 18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 21.85, subdivisions 1, 3, 4, 5, 6, 7, 8, 9.

 

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

 

 

Anderson, B.; Nelson, M.; Wardlow; Anderson, I.; Severson and Lieder introduced:

 

H. F. No. 1091, A resolution expressing support for our troops in the war against the Iraqi regime and calling for a day of prayer for our loved ones who have been called to arms.

 

The bill was read for the first time.

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Anderson, B., moved that the rule therein be suspended and an urgency be declared so that H. F. No. 1091 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

Anderson, B., moved that the rules of the House be so far suspended that H. F. No. 1091 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

 

H. F. No. 1091 was read for the second time.

 

 

Kahn, Clark and Ellison moved to amend H. F. No. 1091 as follows:

 

Page 2, line 7, delete "upon" and insert "for peace in"

 

Page 2, line 8, after "personnel" insert "and all innocent civilians abroad and at home who may suffer injury"

 

Page 2, after line 9, insert:

 

"Be It Further Resolved that the Legislature urges the President to work for peace and stability throughout the Middle East and to build international cooperation toward constructive and effective support for those in Iraq who offer genuine democratic alternatives."

 

Delete the title and insert:

 

"A resolution memorializing the governor to declare a day of prayer for peace and for our armed forces and civilians who may suffer injury; expressing support for our troops and our Commander in Chief in the war against the Iraqi regime; urging the President to work for peace through international cooperation."

 

 

Lindner moved to amend the Kahn et al amendment to H. F. No. 1091 as follows:

 

Page 1, line 3, delete "peace" and insert "victory"

 

 

The motion did not prevail and the amendment to the amendment was not adopted.

<HR><a name=705></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 705</b></center><HR><p> The Speaker assumed the Chair.

 

 

The question recurred on the Kahn et al amendment to H. F. No. 1091. The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1091, A resolution memorializing the governor to declare a day of prayer for peace and for our armed forces and civilians who may suffer injury; expressing support for our troops and our Commander in Chief in the war against the Iraqi regime; urging the President to work for peace through international cooperation.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hilstrom

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Otremba

Otto

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

MOTION TO FIX TIME TO CONVENE

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 24, 2003. The motion prevailed.

 

 

MOMENT OF SILENCE

 

The members of the House paused for a moment of silence in support of our troops in the war against the Iraqi regime.

<HR><a name=706></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 706</b></center><HR><p>MOTIONS AND RESOLUTIONS

 

 

Erickson moved that the name of Otremba be added as an author on H. F. No. 221. The motion prevailed.

 

Eastlund moved that the name of Otto be added as an author on H. F. No. 347. The motion prevailed.

 

Holberg moved that the names of Bernardy and Slawik be added as authors on H. F. No. 386. The motion prevailed.

 

Cox moved that the name of Blaine be added as an author on H. F. No. 414. The motion prevailed.

 

Blaine moved that the name of Nornes be added as an author on H. F. No. 447. The motion prevailed.

 

Mullery moved that the name of Erickson be added as an author on H. F. No. 456. The motion prevailed.

 

Smith moved that the name of Ozment be added as an author on H. F. No. 520. The motion prevailed.

 

Hackbarth moved that the name of Otremba be added as an author on H. F. No. 529. The motion prevailed.

 

Hackbarth moved that the name of Otremba be added as an author on H. F. No. 530. The motion prevailed.

 

Gerlach moved that the name of Larson be added as an author on H. F. No. 570. The motion prevailed.

 

Erickson moved that the names of Olson, M.; Severson and Blaine be added as authors on H. F. No. 580. The motion prevailed.

 

Soderstrom moved that the name of Knoblach be added as an author on H. F. No. 617. The motion prevailed.

 

Gunther moved that the name of Nornes be added as an author on H. F. No. 671. The motion prevailed.

 

Opatz moved that the name of Thissen be added as an author on H. F. No. 699. The motion prevailed.

 

Dempsey moved that the name of Abeler be added as an author on H. F. No. 720. The motion prevailed.

 

Adolphson moved that the name of Klinzing be added as an author on H. F. No. 745. The motion prevailed.

 

Tingelstad moved that the name of Abeler be added as an author on H. F. No. 757. The motion prevailed.

 

Davnie moved that the name of Walker be added as an author on H. F. No. 776. The motion prevailed.

 

Hornstein moved that the name of Walker be added as an author on H. F. No. 795. The motion prevailed.

 

Johnson, S., moved that the name of Abeler be added as an author on H. F. No. 803. The motion prevailed.

 

Cornish moved that the name of McNamara be added as an author on H. F. No. 823. The motion prevailed.

 

Peterson moved that the name of Otremba be added as an author on H. F. No. 825. The motion prevailed.

 

Gunther moved that the name of Severson be added as an author on H. F. No. 831. The motion prevailed.

<HR><a name=707></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 707</b></center><HR><p> Seifert moved that the name of Olson, M., be added as an author on H. F. No. 832. The motion prevailed.

 

Slawik moved that the name of Walker be added as an author on H. F. No. 834. The motion prevailed.

 

Kuisle moved that his name be stricken as an author on H. F. No. 838. The motion prevailed.

 

Abrams moved that the name of Walker be added as an author on H. F. No. 845. The motion prevailed.

 

Magnus moved that the name of Harder be added as an author on H. F. No. 853. The motion prevailed.

 

Gunther moved that the names of Peterson and Harder be added as authors on H. F. No. 860. The motion prevailed.

 

Otremba moved that the names of Cox, Lindgren, Peterson and Hornstein be added as authors on H. F. No. 861. The motion prevailed.

 

Stang moved that the name of McNamara be added as an author on H. F. No. 864. The motion prevailed.

 

Dorman moved that the name of Harder be added as an author on H. F. No. 873. The motion prevailed.

 

Knoblach moved that the name of Severson be added as an author on H. F. No. 879. The motion prevailed.

 

Seifert moved that the name of Harder be added as an author on H. F. No. 885. The motion prevailed.

 

Gunther moved that the name of Cox be added as an author on H. F. No. 892. The motion prevailed.

 

Erickson moved that the name of Severson be added as an author on H. F. No. 897. The motion prevailed.

 

DeLaForest moved that the name of Dorman be added as an author on H. F. No. 902. The motion prevailed.

 

Tingelstad moved that the name of Samuelson be added as an author on H. F. No. 907. The motion prevailed.

 

Hilty moved that the name of Lesch be added as an author on H. F. No. 914. The motion prevailed.

 

Abeler moved that the name of Samuelson be added as an author on H. F. No. 916. The motion prevailed.

 

Kielkucki moved that the names of Cox; Urdahl; Olson, M., and Brod be added as authors on H. F. No. 922. The motion prevailed.

 

Huntley moved that the name of Walker be added as an author on H. F. No. 924. The motion prevailed.

 

Sykora moved that the name of Severson be added as an author on H. F. No. 938. The motion prevailed.

 

Nelson, C., moved that the names of Rhodes and Cox be added as authors on H. F. No. 939. The motion prevailed.

 

Clark moved that the name of Hoppe be added as an author on H. F. No. 948. The motion prevailed.

<HR><a name=708></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 708</b></center><HR><p> Krinkie moved that the names of Nelson, P.; Wardlow; Cox; Simpson; Ozment; Hackbarth; Adolphson; McNamara and Larson be added as authors on H. F. No. 958. The motion prevailed.

 

Osterman moved that her name be stricken as an author on H. F. No. 962. The motion prevailed.

 

Beard moved that the names of Peterson and Pugh be added as authors on H. F. No. 964. The motion prevailed.

 

Holberg moved that H. F. No. 981 be recalled from the Committee on Civil Law and be re-referred to the Committee on Transportation Policy. The motion prevailed.

 

Wasiluk moved that H. F. No. 801 be recalled from the Committee on Education Finance and be re-referred to the Committee on Education Policy. The motion prevailed.

 

Demmer moved that H. F. No. 517, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.

 

 

House Resolution No. 4 was reported to the House.

 

 

HOUSE RESOLUTION NO. 4

 

A House resolution honoring Aurora, Minnesota, as it celebrates its centennial.

 

Whereas, on September 19, 1903, the original 174 inhabitants of Aurora circulated a petition which was signed by 30 qualified electors, and on November 25, 1903, 46 voters went to the polls and voted in favor of incorporation; and

 

Whereas, the occurrence of a particularly brilliant display of Northern Lights inspired the name of Aurora for the new community; and

 

Whereas, iron ore from Aurora area mines, along with its native sons and daughters, helped our nation's freedom and way of life continue through the two great wars, the Cold War, and other disputes around the world; and

 

Whereas, terrorists abroad and in the United States may attempt to cause division, but the citizens of Aurora remain proud of their ethnic and religious heritage, and that they are all Americans working to make their country and community an example for all the world to follow; and

 

Whereas, as regional economic uncertainty prevails, the city of Aurora is working to create jobs and ensure that homes, schools, parks, and streets are well maintained; Now, Therefore,

 

Be It Resolved by the House of Representatives of the State of Minnesota that it honors Aurora as it celebrates 100 years of growth and continued economic development.

 

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the mayor of Aurora.

 

 

Rukavina moved that House Resolution No. 4 be now adopted. The motion prevailed and House Resolution No. 4 was adopted.

<HR><a name=709></a><center><b>Journal of the House - 26th Day - Thursday, March 20, 2003 - Top of Page 709</b></center><HR><p> House Resolution No. 6 was reported to the House.

 

 

HOUSE RESOLUTION NO. 6

 

A House resolution setting the maximum limit on general fund expenditures for the biennium ending June 30, 2005.

 

Be It Resolved by the House of Representatives that the sum of $26,544,216,000 is the maximum limit on net expenditures and transfers from the general fund for fiscal years 2004 and 2005.

 

Be It Further Resolved that the House of Representatives finds that a cash flow account of $0 and a budget reserve of $530,000,000 are necessary.

 

Be It Further Resolved that the limit on appropriations and transfers from the general fund established in this resolution may be adjusted to reflect forecast adjustments and consolidation of other funds into the general fund. This resolution is adopted under House Rule 4.03.

 

 

Knoblach moved that House Resolution No. 6 be now adopted. The motion prevailed and House Resolution No. 6 was adopted.

 

 

ADJOURNMENT

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, March 24, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives


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