<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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710</b></center><HR><p>