Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 711

 

STATE OF MINNESOTA

 

 

EIGHTY- THIRD SESSION - 2003

 

_____________________

 

TWENTY-SEVENTH DAY

 

Saint Paul, Minnesota, Monday, March 24, 2003

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by Pastor Rollin Haynes, First Presbyterian Church, Slayton, 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

Abrams

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

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

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

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.

 

Dorman and Lindner were excused until 3:20 p.m.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 712

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 20, 2003

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

It is my honor to inform you that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

H. F. No. 273, relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws.

 

 

Sincerely,

 

Tim Pawlenty

Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Act of the 2003 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2003

 

Date Filed

2003

 

273 2 9:30 a.m. March 20 March 20

 

 

Sincerely,

 

Mary Kiffmeyer

Secretary of State


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 713

REPORTS OF STANDING COMMITTEES

 

 

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

 

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

 

Reported the same back with the following amendments:

 

Page 1, line 25, delete everything after the period

 

Page 1, delete line 26

 

Page 1, line 27, delete everything before "Back"

 

Page 2, line 2, delete "serve" and insert "remain in active service"

 

Page 2, line 7, after "be" insert "legally" and delete "serve" and insert "remain in active service"

 

Page 2, line 28, after "must" insert "offer the employee the option to"

 

Page 2, line 29, delete everything after the period

 

Page 2, delete lines 30 to 34

 

Page 2, line 35, delete everything before "The"

 

Page 3, delete lines 12 and 13

 

Page 3, line 35, strike "serve"

 

Page 3, line 36, before the period, insert "remain in active service"

 

Page 4, delete lines 24 to 26 and insert:

 

"Section 1, paragraphs (a) to (d) and (f) to (h) are effective the day following final enactment and apply retroactively from the date an employee reported for active service on or after September 11, 2001. Section 1, paragraph (e) is effective the day following final enactment and does not apply retroactively."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 714

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

 

H. F. No. 373, A bill for an act relating to occupations and professions; removing the restriction of prescribing only topical legend drugs by board certified optometrists; requiring that legend drugs be used as included in optometry curricula; authorizing the prescription of controlled substances; amending reporting requirement of health professionals to include all legend drugs; requiring optometrists using legend drugs be held to the same standards as physicians; amending Minnesota Statutes 2002, sections 147.111, subdivision 4; 148.574; 148.575, subdivisions 1, 2; 148.576; 148.577; 151.37, subdivision 11; 152.11, subdivision 2; 152.12, subdivisions 1, 4.

 

Reported the same back with the following amendments:

 

Page 2, line 21, strike "section" and insert "sections" and after "151.37" insert "and 152.12"

 

Page 3, line 26, after the period, insert "Nothing in this section shall allow (1) legend drugs to be administered intravenously, intramuscularly, or by injection except for treatment of anaphylaxis, (2) invasive surgery including, but not limited to, surgery using lasers, (3) schedule II and III oral legend drugs and oral steroids to be administered or prescribed, (4) oral antivirals to be prescribed or administered for more than ten days, or (5) oral carbonic anhydrase inhibitors to be prescribed or administered for more than seven days."

 

Page 4, line 20, after "optometry" insert "limited to schedule IV"

 

Page 4, line 36, after "optometry" insert "limited to schedules IV and V"

 

Page 5, lines 22 and 32, after "optometry" insert "limited to schedules IV and V"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 385, A bill for an act relating to judiciary; providing a gross misdemeanor penalty for fifth degree arson when the conduct results in bodily harm to a person; updating the fine amount for a misdemeanor penalty; amending Minnesota Statutes 2002, section 609.5632.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 447, A bill for an act relating to agriculture; modifying certain restrictions on the ownership of farm land; imposing a penalty; amending Minnesota Statutes 2002, section 500.221, subdivisions 1, 1a, 2, 5.

 

Reported the same back with the following amendments:

 

Page 2, line 15, after "purchase" insert "or lease"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 715

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

 

H. F. No. 585, A bill for an act relating to auditing; allowing certified public accountants to perform annual audits for county nursing homes; amending Minnesota Statutes 2002, section 6.552.

 

Reported the same back with the following amendments:

 

Page 2, after line 3, insert:

 

"Subd. 3. [PAYMENTS.] The state auditor must bill a hospital or nursing home for services provided under this section. The hospital or nursing home must pay the amount billed. These payments must be deposited in the general fund."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 623, A bill for an act relating to the environment; requiring vapor recovery equipment for gasoline deliveries in the metropolitan area; providing penalties; amending Minnesota Statutes 2002, sections 115C.09, by adding a subdivision; 116.073, subdivisions 1, 2; 116.46, by adding subdivisions; 116.49, by adding subdivisions; 116.50.

 

Reported the same back with the following amendments:

 

Page 1, lines 16 and 17, delete "of 3,500 gallons or more"

 

Page 5, line 11, after the period, insert "Product delivery and vapor recovery access points must be on the same side of the transport vehicle when the transport vehicle is positioned for delivery into the underground tank."

 

Page 5, line 23, after the period, insert "After January 1, 2006, no gasoline may be delivered to a retail location by a transport vehicle that is not fitted with vapor recovery equipment."

 

Page 5, line 27, reinstate the stricken "conflicting"

 

Page 5, line 28, delete the new language

 

Page 5, line 29, delete the new language

 

Page 5, lines 31 to 33, delete the new language and insert "A state agency or local unit of government may not adopt rules or ordinances establishing or requiring vapor recovery for underground storage tanks."

 

 

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.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 716

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

 

H. F. No. 649, A bill for an act relating to natural resources; providing for control of chronic wasting disease and management of wildlife health; appropriating money; amending Minnesota Statutes 2002, sections 17.451; 17.452, subdivisions 8, 10, 11, 12, 13, by adding subdivisions; 35.155; 84.027, subdivision 13; 97A.045, by adding a subdivision; 97A.075, subdivision 1; 97A.105, subdivision 1; 97A.401, subdivision 3; 97A.441, by adding a subdivision; 97A.505, by adding subdivisions; 97B.311; repealing Minnesota Statutes 2002, sections 97A.105, subdivisions 3a, 3b.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 748, A bill for an act relating to state government; appropriating money for economic development, housing, and certain agencies of state government; modifying programs; regulating activities and practices; modifying penalty provisions; changing terms; authorizing a registration fee; modifying occupational safety and health standards and provisions; modifying displaced homemaker provisions; regulating certain insurance filings; providing for certain filing fees; amending Minnesota Statutes 2002, sections 60A.14, subdivision 1; 61A.02, subdivision 2; 61A.09, subdivision 1; 61A.17; 62A.02, subdivision 1, 2; 62A.11, subdivision 3; 70A.06, subdivision 1; 79.56, subdivisions 1, 3; 124D.68, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions 1, 2; 178.01; 178.03, subdivisions 1, 2; 181.9435, subdivision 1; 181.9436; 182.65, subdivision 2; 182.651, subdivisions 7, 8, 9, 13, 14; 182.652, subdivision 1; 182.653, subdivision 3; 182.654, subdivisions 2, 4, 5, 6, 11; 182.655, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 11, 13; 182.6555; 182.6575; 182.658; 182.659, subdivisions 1, 4, 6, 8; 182.66, subdivision 1; 182.663, subdivision 5; 182.665; 182.666, subdivisions 1, 2; 182.667, subdivision 2; 182.668, subdivisions 2, 3; 182.6731; 239.011, by adding a subdivision; 256D.05, subdivision 1; 256J.49, subdivision 13; 268.0111, subdivision 4; 268.665, subdivision 2; 325D.32, subdivision 10; 325D.33, subdivision 8; 354D.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 60A; 178; repealing Minnesota Statutes 2002, sections 138.91; 177.26, subdivision 3; 178.11; 182.651, subdivisions 11, 15, 16, 17, 18, 19, 20; 182.6521; 182.653, subdivisions 4a, 4b, 4c, 4d, 4e, 4f, 4g, 5, 6, 7, 8, 9, 10; 182.654, subdivisions 3, 7, 10; 182.655, subdivisions 4, 10, 10a, 12, 14; 182.663, subdivision 3; 182.668, subdivisions 1, 5; 182.672; 182.676; 268.96; 325D.33, subdivisions 2a, 6; 325D.37, subdivision 3; 325D.371; 325D.405; 325D.415; 325D.43; Minnesota Rules, parts 5205.0020; 5205.0030; 5205.0040; 5205.0050; 5205.0060; 5205.0065; 5205.0080; 5205.0100; 5205.0105; 5205.0110, subparts 1, 2a, 3, 4; 5205.0115; 5205.0116; 5205.0120; 5205.0130; 5205.0140; 5205.0150; 5205.0200; 5205.0330; 5205.0550; 5205.0560; 5205.0570; 5205.0580; 5205.0650; 5205.0660; 5205.0665; 5205.0670; 5205.0675; 5205.0685; 5205.0686; 5205.0690; 5205.0700; 5205.0710; 5205.0750; 5205.0755; 5205.0760; 5205.0765; 5205.0770; 5205.0850; 5205.0860; 5205.0865; 5205.0870; 5205.0880; 5205.0890; 5205.1200; 5205.1210; 5205.1220; 5205.1230; 5205.1400; 5206.0100, subparts 1, 1a, 1b, 1c, 2, 2a, 3, 3a, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 11a, 11b, 12, 13, 14, 14a, 14b, 14c, 16, 16a, 17, 19; 5206.0200; 5206.0300, subparts 1, 2, 3, 6, 7; 5206.0400; 5206.0500; 5206.0600; 5206.0700; 5206.0800; 5206.1000; 5206.1100; 5206.1200; 5206.1300; 5206.1400; 5206.1500; 5206.1600; 5206.1700; 5206.1800; 5206.1900; 5206.2000; 5207.0005; 5207.0010; 5207.0020; 5207.0030; 5207.0035; 5207.0040; 5207.0050; 5207.0060; 5207.0100; 5207.0200; 5207.0210; 5207.0250; 5207.0300, subpart 1; 5207.0301; 5207.0302; 5207.0303; 5207.0304; 5207.0310; 5207.0320; 5207.0400; 5207.0410; 5207.0500; 5207.0510; 5207.0520; 5207.0530; 5207.0540; 5207.0600; 5207.0610; 5207.0620; 5207.0630; 5207.0700; 5207.0710; 5207.0720; 5207.0730; 5207.0740; 5207.0800; 5207.0810; 5207.0850; 5207.0900; 5207.0910; 5207.1000.

 

Reported the same back with the following amendments:


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 717

Delete page 8, line 14 to page 16, line 14

 

Page 17, line 1, delete "Notwithstanding paragraph (a),"

 

Page 17, line 2, delete "disapproval" and insert "the requirements of paragraph (a)" and delete "certifies" and insert "files a certification verifying"

 

Page 17, line 29, after "filed" insert "under subdivision 1"

 

Pages 18 to 22, delete sections 12 to 14 and insert:

 

"Sec. 3. Minnesota Statutes 2002, section 239.10, subdivision 3, is amended to read:

 

Subd. 3. [OTHER WEIGHTS AND MEASURES.] The director shall inspect all weights and measures, except those specified in subdivisions 1 and 2, annually, or as often as deemed possible within budget and staff limitations, except that the director shall not inspect liquid petroleum gas measuring equipment and shall not charge a fee related to any such inspections.

 

Sec. 4. Minnesota Statutes 2002, section 239.101, subdivision 3, is amended to read:

 

Subd. 3. [PETROLEUM INSPECTION FEE.] (a) An inspection fee is imposed (1) on petroleum products when received by the first licensed distributor, and (2) on petroleum products received and held for sale or use by any person when the petroleum products have not previously been received by a licensed distributor. The petroleum inspection fee is 85 cents $1 for every 1,000 gallons received. The commissioner of revenue shall collect the fee. The revenue from the fee must first be applied to cover the amounts appropriated for petroleum product quality inspection expenses, for the inspection and testing of petroleum product measuring equipment, and for petroleum supply monitoring under chapter 216C. These functions shall be performed by departmental staff.

 

(b) The commissioner of revenue shall credit a person for inspection fees previously paid in error or for any material exported or sold for export from the state upon filing of a report as prescribed by the commissioner of revenue.

 

(c) The commissioner of revenue may collect the inspection fee along with any taxes due under chapter 296A."

 

Page 22, line 36, delete "sections" and insert "section" and delete everything after "138.91"

 

Page 23, delete line 1

 

Page 23, line 2, delete everything before "repealed" and insert ", is"

 

Page 23, delete lines 3 to 5

 

Pages 26 to 42, delete sections 10 to 48

 

Page 42, line 31, delete "(a)"

 

Page 42, line 32, delete the first semicolon and insert "and" and delete everything after "178.11" and insert ", are repealed."

 

Page 42, delete lines 33 to 36


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 718

Page 43, delete lines 1 to 26

 

Renumber the sections in sequence

 

Delete the title and insert:

 

"A bill for an act relating to state government; appropriating money for economic development, housing, and certain agencies of state government; modifying programs; regulating activities and practices; modifying penalty provisions; changing terms; authorizing a registration fee; modifying displaced homemaker provisions; increasing the petroleum inspection fee; amending Minnesota Statutes 2002, sections 79.56, subdivisions 1, 3; 124D.68, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions 1, 2; 178.01; 178.03, subdivisions 1, 2; 181.9435, subdivision 1; 181.9436; 239.10, subdivision 3; 239.101, subdivision 3; 256D.05, subdivision 1; 256J.49, subdivision 13; 268.0111, subdivision 4; 268.665, subdivision 2; 354D.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 178; repealing Minnesota Statutes 2002, sections 138.91; 177.26, subdivision 3; 178.11; 268.96."

 

 

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.

 

 

Westrom from the Committee on Regulated Industries to which was referred:

 

H. F. No. 775, A bill for an act relating to energy; amending the definition of a radioactive waste management facility; specifying the applicability of the renewable development fund; authorizing sufficient dry cask storage capacity to allow the nuclear reactors at the Prairie Island nuclear generation facility to operate until the end of their current licenses; requiring a public utility that owns a nuclear generation facility to seek commission approval for additional storage capacity for spent nuclear fuel; amending Minnesota Statutes 2002, sections 116C.71, subdivision 7; 116C.779; 216B.1645, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 116C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 116C.71, subdivision 7, is amended to read:

 

Subd. 7. [RADIOACTIVE WASTE MANAGEMENT FACILITY.] "Radioactive waste management facility" means a geographic site, including buildings, structures, and equipment in or upon which radioactive waste is retrievably or irretrievably disposed by burial in soil or permanently stored. An independent spent fuel storage installation located on the site of a Minnesota nuclear generation facility for dry cask storage of spent nuclear fuel generated solely by that facility is not a radioactive waste management facility.

 

Sec. 2. Minnesota Statutes 2002, section 116C.779, is amended to read:

 

116C.779 [FUNDING FOR RENEWABLE DEVELOPMENT.]

 

Subdivision 1. [APPLICABILITY.] This section applies only to any 17 casks filled and placed at the Prairie Island independent spent fuel storage installation.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 719

Subd. 2. [RENEWABLE DEVELOPMENT FUND.] (a) The public utility that operates owns the Prairie Island nuclear generating plant must transfer to a renewable development account $500,000 each year for each dry cask containing spent fuel that is located at the independent spent fuel storage installation at Prairie Island after January 1, 1999. The fund transfer must be made if waste is stored in a cask for any part of a year.

 

(b) Funds in the account may be expended only for development of renewable energy sources.:

 

(1) payments, not to exceed $2,500,000 annually, by the public utility under a settlement agreement with the Mdewakanton Dakota Tribal Council at Prairie Island, a federally recognized Indian tribe, for resolving outstanding disputes and to be used for, among other purposes, acquiring land in the state of Minnesota for placement in trust; and

 

(2) Preference must be given to development of renewable energy source projects located within the state.

 

Payments from the fund in any year shall first be made to satisfy the terms of the settlement agreement described in clause (1). No more than a total of $25,000,000 may be spent from this account for payments by the public utility to the Mdewakanton Dakota Tribal Council. Only those projects that have a direct benefit to Minnesota citizens may be funded under this section.

 

(b) (c) Expenditures from the account for the purposes of paragraph (b), clause (2), may only be made after approval by order of the public utilities commission upon a petition by the public utility.

 

(d) Of the amount required to be spent annually from this account:

 

(1) up to 25 percent each year must be spent for production incentives for small wind energy facilities, and production incentives under this section must not exceed 1.5 cents per kilowatt-hour for a period not greater than ten years; and

 

(2) up to 25 percent a year may be used to provide low- or no-interest loans, grants, or other financial means to reduce the capital costs for the construction of small wind energy facilities. Capital assistance awards under this clause may be coordinated through nonprofit entities that provide financial assistance to rural areas, such as designated federal economic development districts.

 

(e) For the purposes of this section, "small wind energy facility" means a wind energy facility, or group of facilities, with a nameplate capacity of two megawatts or less that:

 

(1) is owned by one or more natural persons who are residents of Minnesota and who own or rent the land where the facility is sited or is owned by a Minnesota school district;

 

(2) is not enrolled in the renewable energy production incentive program under section 216C.41; and

 

(3) begins generating electricity after June 30, 2003.

 

Sec. 3. [116C.83] [AUTHORIZATION FOR ADDITIONAL DRY CASK STORAGE.]

 

Subdivision 1. [AUTHORIZATION.] (a) Subject to the cask storage limits of the federal license for the independent spent fuel storage installation at Prairie Island, the public utility that owns the Prairie Island nuclear generation plant has authorization for sufficient dry cask storage capacity at that installation to allow:

 

(1) the unit 1 reactor at Prairie Island to operate until the end of its current license in 2013; and


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 720

(2) the unit 2 reactor at Prairie Island to operate until the end of its current license in 2014.

 

(b) Notwithstanding any law to the contrary:

 

(1) except as provided in paragraph (a), authorization of any future nuclear storage facility or dry casks at either nuclear generation facility in this state is limited to approval by the public utilities commission pursuant to section 216B.243 and the commission's certificate of need rules;

 

(2) in any proceeding pursuant to clause (1), the commission may make a decision that could result in a shut‑down of a nuclear generation facility; and

 

(3) the storage of spent nuclear fuel in the pool and in dry casks at the Prairie Island nuclear generating plant must be managed to facilitate the shipment of waste out of state to a permanent or interim storage facility as soon as feasible in a manner that allows the continued operation of the plant consistent with sections 116C.71 to 116C.83 and 216B.1645, subdivision 2.

 

(c) The authorization for storage capacity pursuant to paragraphs (a) and (b) is limited to the storage of spent nuclear fuel generated by a Minnesota nuclear generation facility and stored on the site of that facility.

 

(d) The authority granted to the public utility in paragraphs (a) and (b) is contingent on the public utility maintaining the headquarters for the corporation in Minnesota. If the corporation moves its headquarters outside the state, the public utility must seek and receive express legislative authorization for any additional storage of spent nuclear fuel.

 

Subd. 2. [ENVIRONMENTAL REVIEW AND PROTECTION.] The siting, construction, and operation of an independent spent fuel storage installation located on the site of a Minnesota generation facility for dry cask storage of spent nuclear fuel generated solely by that facility is subject to all environmental review and protection provisions of chapters 115, 115B, 116, 116B, 116C, 116D, and 216B and rules associated with those chapters, except those statutes and rules that apply specifically to a radioactive waste management facility as defined in section 116C.71, subdivision 7.

 

Sec. 4. Minnesota Statutes 2002, section 216B.1645, subdivision 2, is amended to read:

 

Subd. 2. [COST RECOVERY.] The expenses incurred by the utility over the duration of the approved contract or useful life of the investment and expenditures made pursuant to section 116C.779 and expenditures under an agreement with the Mdewakanton Dakota Tribal Council at Prairie Island regarding the provisions of Laws 1994, chapter 641, article 1, section 4, to the extent that funds collected pursuant to section 116C.779 in any given year are insufficient to cover these settlement costs, shall be recoverable from the ratepayers of the utility, to the extent they are not offset by utility revenues attributable to the contracts, investments, or expenditures. Upon petition by a public utility, the commission shall approve or approve as modified a rate schedule providing for the automatic adjustment of charges to recover the expenses or costs approved by the commission, which, in the case of transmission expenditures, are limited to the portion of actual transmission costs that are directly allocable to the need to transmit power from the renewable sources of energy. The commission may not approve recovery of the costs for that portion of the power generated from sources governed by this section that the utility sells into the wholesale market.

 

Sec. 5. [216B.2412] [RENEWABLE ENERGY PROJECTS.]

 

Subdivision 1. [DEFINITIONS.] (a) For the purposes of this section, the terms defined in this subdivision and section 216B.241, subdivision 1, have the meanings given them.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 721

(b) "Energy utility" means any public utility, cooperative electric association, or municipality subject to section 216B.241.

 

(c) "Renewable energy sources" means fuels and technologies to generate electricity through the use of any of the following resources:

 

(1) wind;

 

(2) hydrogen, provided that after January 1, 2010, the hydrogen must be generated from the resources listed in this paragraph;

 

(3) solar;

 

(4) geothermal;

 

(5) hydroelectric with a capacity of less than 60 megawatts;

 

(6) biomass;

 

(7) landfill gas; and

 

(8) refuse derived fuel and solid waste.

 

(d) "Biomass" includes:

 

(1) methane or other combustible gases derived from the processing of plant or animal material;

 

(2) alternative fuels derived from soybean and other agricultural plant oils or animal fats;

 

(3) combustion of barley hulls, corn, soy-based products, or other agricultural products; and

 

(4) wood residue from the wood products industry in Minnesota, or other wood products, such as short-rotation woody or fibrous agricultural crops.

 

(e) "Sustainable energy project" is a project to either conduct research into the development of renewable energy sources and technologies or to deploy technologies in Minnesota that utilize renewable energy sources in: (1) a distributed generation facility with an interconnected capacity of ten megawatts or less; (2) a combined heat and power generation facility; (3) a district energy system; or (4) other facility or application consistent with the commissioner's order under subdivision 6.

 

Subd. 2. [RENEWABLE ENERGY RESEARCH.] (a) An energy utility shall spend five percent of the total amount that utility is required to spend under section 216B.241 to support basic and applied research at the University of Minnesota for the development of the sustainable energy sources and technologies listed in subdivision 1, paragraph (c), clauses (2), (3), and (6). The University of Minnesota shall ensure that at least 25 percent of funds spent under this section are available for basic and applied research at least one rural campus or experiment station.


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(b) Research funded under this subdivision must have a direct benefit to Minnesota. Research funded under paragraph (a) may focus on hydrogen, solar, and biomass and:

 

(1) conversion of state wind resources to hydrogen for energy storage and transportation to areas of energy demand;

 

(2) improvement of scalable hydrogen fuel cells for stationary combined electricity generation and heating/cooling function for residential and commercial use; and

 

(3) processing of agricultural and forestry products for production of hydrogen and other fuels and sequestration of carbon using a variety of means, including biocatalysis and fermentation.

 

(c) An energy utility may spend up to an additional five percent of the total amount that utility is required to spend under section 216B.241 on research for the development of the renewable energy sources and technologies listed in subdivision 1, paragraph (c), clauses (2), (3), and (6), in a research project consistent with determinations made by the commissioner pursuant to subdivision 6.

 

Subd. 3. [DEPLOYMENT OF RENEWABLE ENERGY SOURCES.] An energy utility shall spend ten percent, and may spend up to 25 percent, of the total amount to be spent under section 216B.241 for the deployment of technologies that use renewable energy sources. Funds under this section may also be used for incentives to convert existing Minnesota generation facilities to use renewable energy sources, either exclusively or in conjunction with other fuels. Expenditures under this subdivision must be consistent with the determination of the commissioner pursuant to subdivision 6. Electricity generated using a renewable energy resource may be counted toward the renewable energy goals in section 216B.1691.

 

Subd. 4. [POOLING OF RESOURCES OF MULTIPLE UTILITIES.] Two or more energy utilities may pool resources under this section to provide assistance jointly to proposed sustainable energy projects. The utilities shall negotiate and agree among themselves for allocation of benefits associated with a project, such as the ability to count energy generated by a project toward a utility's renewable energy objectives under section 216B.1691. The utilities shall provide a summary of the allocation of benefits to the commissioner.

 

Subd. 5. [CREDIT FOR PROJECTS OUTSIDE OF SERVICE TERRITORY.] An energy utility may spend funds under this section for sustainable energy projects in Minnesota that are outside the service territory of the utility. Upon application by an energy utility, the commission shall authorize a credit of three percent of the amount the energy utility contributed toward a sustainable energy project that is outside the energy utility's service territory. This credit shall be deducted from the utility's overall required spending under section 216B.241. The commissioner may extend that credit to up to ten percent of the amount the utility contributes to a project outside of its service territory, if the commissioner determines that a proposed project is important to the advancement of state policy goals under subdivision 6 and would not occur without the additional credit. This section does not apply to contributions toward research under subdivision 2, paragraph (a).

 

Subd. 6. [ELIGIBLE RESEARCH AND TECHNOLOGIES; DETERMINATION BY COMMISSIONER.] At least annually, and upon consultation by an energy utility, the commissioner of commerce shall, by order, identify research, technologies, and projects that are eligible for expenditures under this section. In identifying eligible technologies and projects, the commissioner shall consider the extent to which the technology or project advances state policy goals, such as: ensuring affordable, reliable energy for Minnesota consumers; use of Minnesota energy resources; and promoting local economic development and protecting Minnesota's environment. By January 15 of each year, the commissioner shall issue a report to the legislature detailing and evaluating expenditures under this section, as well as the process and criteria used by the commissioner to make decisions under this subdivision.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 723

Sec. 6. Minnesota Statutes 2002, section 216B.2424, subdivision 6, is amended to read:

 

Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If there remain megawatts of biomass power generating capacity to fulfill the mandate in subdivision 5 after the commission has taken final action on all contracts filed by September 1, 2000, by a public utility under subdivision 9, this subdivision governs final compliance with the biomass energy mandate in subdivision 5 subject to the requirements of subdivisions 7 and 8.

 

(b) To the extent not inconsistent with this subdivision, the provisions of subdivisions 2, 3, 4, and 5 apply to proposals subject to this subdivision.

 

(c) A public utility must submit proposals to the commission to complete the biomass mandate. The commission shall require a public utility subject to this section to issue a request for competitive proposals for projects for electric generation utilizing biomass as defined in paragraph (f) of this subdivision to provide the remaining megawatts of the mandate. The commission shall set an expedited schedule for submission of proposals to the utility, selection by the utility of proposals or projects, negotiation of contracts, and review by the commission of the contracts or projects submitted by the utility to the commission.

 

(d) Notwithstanding the provisions of subdivisions 1 to 5 but subject to the provisions of subdivisions 7 and 8, a new or existing facility proposed under this subdivision that is fueled either by biomass or by co-firing biomass with nonbiomass may satisfy the mandate in this section. Such a facility need not use biomass that complies with the definition in subdivision 1 if it uses biomass as defined in paragraph (f) of this subdivision. Generating capacity produced by co-firing of biomass that is operational as of April 25, 2000, does not meet the requirements of the mandate, except that additional co-firing capacity added at an existing facility after April 25, 2000, may be used to satisfy this mandate. Only the number of megawatts of capacity at a facility which co-fires biomass that are directly attributable to the biomass and that become operational after April 25, 2000, final commission action under subdivision 9 count toward meeting the biomass mandate in this section.

 

(e) Nothing in this subdivision precludes a facility proposed and approved under this subdivision from using fuel sources that are not biomass in compliance with subdivision 3.

 

(f) Notwithstanding the provisions of subdivision 1, for proposals subject to this subdivision, "biomass" includes:

 

(1) farm-grown closed-loop biomass; agricultural wastes, including animal, poultry, and plant wastes

 

(2) methane or other combustible gases derived from the processing of plant or animal material;

 

(3) alternative fuels derived from soybean and other agricultural plant oils or animal fats;

 

(4) combustion of barley hulls, corn, soy-based products or other agricultural products or wastes; and

 

(5) waste wood, including chipped wood, bark, brush, residue wood, and sawdust.

 

(g) Nothing in this subdivision affects in any way contracts entered into as of April 25, 2000, to satisfy the mandate in subdivision 5.

 

(h) Nothing in this subdivision requires a public utility to retrofit its own power plants for the purpose of co‑firing biomass fuel, nor is a utility prohibited from retrofitting its own power plants for the purpose of co-firing biomass fuel to meet the requirements of this subdivision.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 724

Sec. 7. Minnesota Statutes 2002, section 216B.2424, subdivision 8, is amended to read:

 

Subd. 8. [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 megawatts mandated in subdivision 5, at least 75 megawatts of the generating capacity must be generated by facilities that use agricultural biomass as the principal fuel source. For purposes of this subdivision, agricultural biomass includes only farm-grown closed-loop biomass and agricultural waste, including animal, poultry, and plant wastes those biomass fuel sources listed in subdivision 6, paragraph (f), clauses (1) to (4). For purposes of this subdivision, "principal fuel source" means a fuel source that satisfies at least 75 percent of the fuel requirements of an electric power generating facility. Nothing in this subdivision is intended to expand the fuel source requirements of subdivision 5.

 

Sec. 8. Minnesota Statutes 2002, section 216B.2424, is amended by adding a subdivision to read:

 

Subd. 9. [STATUS REVIEW.] In January of 2004, the public utilities commission shall conduct an initial review of all projects selected to satisfy a portion of the biomass mandate pursuant to this section, to make a preliminary determination of each project's status and viability. The commission shall conduct follow-up reviews in June of 2004, and December of 2004. By December 31, 2004, the commission shall:

 

(1) make a final determination as to each project's viability;

 

(2) cancel the contract for any project that is not yet producing electricity and that the commission determines is not viable; and

 

(3) direct the public utility subject to the biomass mandate to request competitive proposals under subdivision 6 for the biomass capacity in the amount of the canceled contracts.

 

Sec. 9. Minnesota Statutes 2002, section 216C.052, subdivision 1, is amended to read:

 

Subdivision 1. [RESPONSIBILITIES.] (a) There is established the position of reliability administrator in the department of commerce. The administrator shall act as a source of independent expertise and a technical advisor to the commissioner, the commission, the public, and the legislative electric energy task force on issues related to the reliability of the electric system. In conducting its work, the administrator shall:

 

(1) model and monitor the use and operation of the energy infrastructure in the state, including generation facilities, transmission lines, natural gas pipelines, and other energy infrastructure;

 

(2) develop and present to the commission and parties technical analyses of proposed infrastructure projects, and provide technical advice to the commission;

 

(3) present independent, factual, expert, and technical information on infrastructure proposals and reliability issues at public meetings hosted by the task force, the environmental quality board, the department, or the commission; and

 

(4) in consultation and collaboration with experts within the industry, state government, and the University of Minnesota system, research and identify present and emerging energy issues, including adequacy of energy supply to consumers in the state, energy infrastructure issues, demand and delivery concerns, environmental constraints, emerging energy-related technologies fuels and applications, and reliability matters that affect energy prices paid by Minnesota consumers. In so doing, the administrator shall serve as an information resource to state agencies and legislators on energy issues affecting Minnesota consumers.


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(b) Upon request and subject to resource constraints, the administrator shall provide technical assistance regarding matters unrelated to applications for infrastructure improvements to the task force, the department, or the commission.

 

(c) The administrator may not advocate for any particular outcome in a commission proceeding, but may give technical advice to the commission as to the impact on the reliability of the energy system of a particular project or projects. The administrator must not be considered a party or a participant in any proceeding before the commission.

 

Sec. 10. [REPEALER.]

 

Minnesota Statutes 2002, section 216B.2411, is repealed.

 

Sec. 11. [EFFECTIVE DATE.]

 

Sections 1 to 10 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to energy; modifying provisions relating to radioactive waste management and renewable energy; amending Minnesota Statutes 2002, sections 116C.71, subdivision 7; 116C.779; 216B.1645, subdivision 2; 216B.2424, subdivisions 6, 8, by adding a subdivision; 216C.052, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 116C; 216B; repealing Minnesota Statutes 2002, section 216B.2411."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 798, A bill for an act relating to education; regarding notification to teachers that are in contact with students with histories of violent behavior; amending Minnesota Statutes 2002, section 121A.64.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 121A.64, is amended to read:

 

121A.64 [NOTIFICATION.]

 

Representatives of the school board and the exclusive representative of the teachers shall discuss issues related to notification prior to placement The principal or other person having general control and supervision of a school must notify the classroom teacher before placing a student with a history of violent behavior in classrooms of students with histories of violent behavior and the teacher's classroom. The principal or other person having general control and supervision of a school also must notify other district employees whom the principal or other person having


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 726

general control and supervision of a school determines have a legitimate educational interest in knowing about that student's history of violent behavior. Representatives of the school board and the exclusive representative of the teachers must discuss any need for intervention services or conflict resolution or training for staff in these cases.

 

[EFFECTIVE DATE.] This section is effective for the 2003-2004 school year and later."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 905, A bill for an act relating to state government; providing for child care, Minnesota Economic Opportunity grants, and food shelves; appropriating money; amending Minnesota Statutes 2002, sections 119B.12, subdivision 2; 119B.13, subdivision 2, by adding a subdivision; repealing Minnesota Statutes 2002, section 119A.46.

 

Reported the same back with the following amendments:

 

Page 1, after line 8, insert:

 

"Section 1. Minnesota Statutes 2002, section 119B.011, subdivision 6, is amended to read:

 

Subd. 6. [CHILD CARE FUND.] "Child care fund" means a program under this chapter providing:

 

(1) financial assistance for child care to parents engaged in employment, job search, or education and training leading to employment, or an at-home infant care subsidy; and

 

(2) grants to develop, expand, and improve the access and availability of child care services statewide.

 

Sec. 2. Minnesota Statutes 2002, section 119B.011, subdivision 15, is amended to read:

 

Subd. 15. [INCOME.] "Income" means earned or unearned income received by all family members, including public assistance cash benefits and at-home infant care subsidy payments, unless specifically excluded and child support and maintenance distributed to the family under section 256.741, subdivision 15. The following are excluded from income: funds used to pay for health insurance premiums for family members, Supplemental Security Income, scholarships, work-study income, and grants that cover costs or reimbursement for tuition, fees, books, and educational supplies; student loans for tuition, fees, books, supplies, and living expenses; state and federal earned income tax credits; in-kind income such as food stamps, energy assistance, foster care assistance, medical assistance, child care assistance, and housing subsidies; earned income of full-time or part-time students up to the age of 19, who have not earned a high school diploma or GED high school equivalency diploma including earnings from summer employment; grant awards under the family subsidy program; nonrecurring lump sum income only to the extent that it is earmarked and used for the purpose for which it is paid; and any income assigned to the public authority according to section 256.741.

 

Sec. 3. Minnesota Statutes 2002, section 119B.09, subdivision 7, is amended to read:

 

Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] (a) The date of eligibility for child care assistance under this chapter is the later of the date the application was signed; the beginning date of employment, education, or training; or the date a determination has been made that the applicant is a participant in employment and training


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 727

services under Minnesota Rules, part 3400.0080, subpart 2a, or chapter 256J or 256K. The date of eligibility for the basic sliding fee at-home infant child care program is the later of the date the infant is born or, in a county with a basic sliding fee waiting list, the date the family applies for at-home infant child care.

 

(b) Payment ceases for a family under the at-home infant child care program when a family has used a total of 12 months of assistance as specified under section 119B.061. Payment of child care assistance for employed persons on MFIP is effective the date of employment or the date of MFIP eligibility, whichever is later. Payment of child care assistance for MFIP or work first participants in employment and training services is effective the date of commencement of the services or the date of MFIP or work first eligibility, whichever is later. Payment of child care assistance for transition year child care must be made retroactive to the date of eligibility for transition year child care."

 

Page 3, line 17, delete "$44,528,000" and insert "$42,528,000"

 

Page 3, line 18, delete "$43,774,000" and insert "$41,774,000"

 

Page 4, line 24, delete "section" and insert "sections" and after "119A.46" insert "and 119B.061" and delete "is" and insert "are"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, after "sections" insert "119B.011, subdivisions 6, 15; 119B.09, subdivision 7;"

 

Page 1, line 7, delete "section 119A.46" and insert "sections 119A.46; 119B.061"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

 

The report was adopted.

 

 

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

 

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

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 273.061, is amended by adding a subdivision to read:

 

Subd. 1a. [COMPATIBLE OFFICES.] A person appointed as the county assessor also may serve as the county auditor, county treasurer, or county auditor-treasurer if those offices are appointive, provided that the person in the combined appointed office must not serve on the county board of appeal and equalization under section 274.13. In a county in which the functions of the county assessor are combined with those of the county auditor or auditor-treasurer, the county board must assign a county employee or official other than the auditor-assessor to approve the applications as provided in section 375.192, subdivision 2.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 728

Sec. 2. Minnesota Statutes 2002, section 273.061, is amended by adding a subdivision to read:

 

Subd. 1b. [COMPATIBLE OFFICES IN COUNTIES CHANGING TO APPOINTED AUDITOR.] In a county in which the office of auditor, treasurer, or auditor-treasurer is an elective position, a person appointed as the county assessor also may serve as the county auditor, county treasurer, or county auditor-treasurer if a proposal to make the affected office appointive has been approved and will be effective within five years.

 

Sec. 3. Minnesota Statutes 2002, section 273.061, is amended by adding a subdivision to read:

 

Subd. 1c. [INCOMPATIBLE OFFICES.] The person appointed as the county assessor must not also be the county attorney, a county board member, or a city council member for a city in the same county. The person appointed as the city assessor must not also be a city council member for the same city. An assessor who accepts a position that is incompatible with the office of assessor is deemed to have resigned from the assessor position on January 2, 2004, or on the day the person takes the oath of office for the other office, whichever is later.

 

Sec. 4. [REPEALER.]

 

Minnesota Statutes 2002, section 274.04, is repealed.

 

Sec. 5. [EFFECTIVE DATE.]

 

This act is effective January 2, 2004."

 

Delete the title and insert:

 

"A bill for an act relating to assessors; prescribing the additional offices that a county or city assessor may hold; eliminating obsolete record keeping and affidavit requirements; amending Minnesota Statutes 2002, section 273.061, by adding subdivisions; repealing Minnesota Statutes 2002, section 274.04."

 

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 294, 373, 385, 447 and 585 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Davids introduced:

 

H. F. No. 1092, A bill for an act relating to insurance; providing an expedited form and rate filing for certain types of insurance; amending Minnesota Statutes 2002, sections 60A.14, subdivision 1; 61A.02, subdivision 2; 61A.09, subdivision 1; 61A.17; 62A.02, subdivisions 1, 2; 62A.11, subdivision 3; 70A.06, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 60A.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 729

Lanning, Dempsey, Brod, Simpson and Nelson, P., introduced:

 

H. F. No. 1093, A bill for an act relating to local government; establishing a legislative commission on unnecessary mandates; amending Minnesota Statutes 2002, sections 3.842, subdivision 4a; 3.843; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

Haas introduced:

 

H. F. No. 1094, A bill for an act relating to state government; appropriating money for the expenses of persons called to active state military duty.

 

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

 

 

Bradley introduced:

 

H. F. No. 1095, A bill for an act relating to human services; extending the deadline for commencing construction for previously approved moratorium projects; providing for expired and canceled proposals; amending Minnesota Statutes 2002, section 144A.073, by adding subdivisions.

 

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

 

 

Harder, Juhnke, Swenson, Davids, Kuisle, Blaine, Magnus, Demmer, Penas, Gunther, Finstad, Simpson, Dorman and Westrom introduced:

 

H. F. No. 1096, A bill for an act relating to agriculture; expanding opportunities for the development of rural economic infrastructure; establishing an annual appropriation; amending Minnesota Statutes 2002, section 41A.09, subdivisions 1, 2a, 3a; repealing Minnesota Statutes 2002, section 41A.09, subdivisions 1a, 5a, 6.

 

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

 

 

Nelson, P., introduced:

 

H. F. No. 1097, A bill for an act relating to public employment; eliminating equitable compensation relationships reporting requirements; amending Minnesota Statutes 2002, section 471.992, by adding a subdivision; repealing Minnesota Statutes 2002, section 471.999; Minnesota Rules, part 3920.1300.

 

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


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Olson, M.; Greiling; Borrell; Gerlach; Anderson, B., and Vandeveer introduced:

 

H. F. No. 1098, A bill for an act relating to governmental operations; prohibiting certain contracts between an executive branch agency and an agency of the federal government; proposing coding for new law in Minnesota Statutes, chapter 127A.

 

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

 

 

Kohls introduced:

 

H. F. No. 1099, A bill for an act relating to state employees; limiting the state contribution for hospital, medical, and dental premiums; amending Minnesota Statutes 2002, section 43A.29.

 

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

 

 

Kohls introduced:

 

H. F. No. 1100, A bill for an act relating to officials; limiting the state contribution for hospital, medical, and dental premiums; amending Minnesota Statutes 2002, section 43A.29.

 

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

 

 

Walz introduced:

 

H. F. No. 1101, A bill for an act relating to economic development; creating a performance-based revolving account to fund the office of tourism; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

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

 

 

Sykora, Seagren and Erickson introduced:

 

H. F. No. 1102, A bill for an act relating to education; providing for kindergarten through grade 12 general education, special programs, educational excellence and other policy, and nutrition; providing for family and early childhood education; amending Minnesota Statutes 2002, sections 84A.51, subdivision 4; 119A.52; 119B.011, subdivisions 5, 15, 19, by adding a subdivision; 119B.02, subdivision 1; 119B.03, subdivision 9; 119B.05, subdivision 1; 119B.08, subdivision 3; 119B.11, subdivision 2a; 119B.12, subdivision 2; 119B.13, subdivision 6; 119B.19, subdivision 7; 119B.21, subdivision 11; 119B.23, subdivision 3; 120A.24, subdivision 4; 121A.21; 121A.23, subdivision 1; 121A.41, subdivision 10; 122A.414, by adding a subdivision; 122A.415, subdivision 3; 123B.88, subdivision 2; 124D.081, by adding a subdivision; 124D.09, subdivision 20; 124D.10, subdivisions 2a, 4; 124D.118, subdivisions 1, 3; 124D.13, subdivisions 4, 8; 124D.15, subdivision 7; 124D.16, subdivision 1; 124D.52, subdivision 3; 125A.023, subdivision 3; 125A.03; 125A.08; 125A.28; 125A.30; 126C.05, subdivision 16; 126C.17, subdivision 11; 256.046, subdivision 1; 256.0471, subdivision 1; 256.98, subdivision 8; 475.61, subdivisions 1, 3; 611A.78, subdivision 1; 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 119B; 124D; repealing Minnesota Statutes 2002, sections 15.014, subdivision 3; 119A.08; 119A.15, subdivision 5a; 124D.118, subdivision 2; 124D.93; 125A.47; 144.401, subdivision 5; 239.004; Laws 2001, First Special Session chapter 3, article 1, section 16.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 731

Swenson introduced:

 

H. F. No. 1103, A bill for an act relating to the board of water and soil resources; providing for additional members on the board; amending Minnesota Statutes 2002, section 103B.101, subdivisions 1, 2, 5, 10.

 

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

 

 

Lipman, DeLaForest, Tingelstad and Howes introduced:

 

H. F. No. 1104, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for environmental protection capital improvements for Brown's creek in Stillwater.

 

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

 

 

Dorman, Buesgens, Holberg, Kuisle, Sviggum, Erickson, Gerlach, Wilkin, DeLaForest, Lenczewski, Marquart, Knoblach, Davids, Boudreau, Krinkie, Urdahl, Swenson, Demmer, Simpson, Harder, Finstad, Lipman and Westrom introduced:

 

H. F. No. 1105, A bill for an act relating to taxation; individual income; providing income tax checkoffs to provide additional funding for kindergarten through grade 12 education, health care, higher education, early childhood and family education, and state parks; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Koenen, Eken, Otremba, Juhnke, Marquart, Lieder, Dorn and Peterson introduced:

 

H. F. No. 1106, A bill for an act relating to agriculture; increasing the ethanol production goal; increasing the oxygen content requirement for gasoline; amending Minnesota Statutes 2002, sections 41A.09, subdivision 1a; 239.791, subdivision 1.

 

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

 

 

Dorman, Rhodes, Kuisle and Olson, M., introduced:

 

H. F. No. 1107, A bill for an act relating to natural resources; increasing the state park annual permit fee; amending Minnesota Statutes 2002, section 85.055, subdivision 1.

 

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

 

 

Hausman, Ellison, Greiling and Kahn introduced:

 

H. F. No. 1108, A bill for an act relating to natural resources; requiring insurance and drivers license endorsements to operate recreational motor vehicles; modifying registration requirements for recreational motor vehicles; modifying education and training requirements for recreational motor vehicles; restricting the use of


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 732

recreational motor vehicles on state land; requiring environmental review; modifying grants-in-aid program; requiring studies; modifying the disposition of certain fees; providing for enforcement; appropriating money; amending Minnesota Statutes 2002, sections 62I.02, subdivision 1, by adding a subdivision; 84.027, by adding a subdivision; 84.794, subdivision 2; 84.803, subdivision 2; 84.83, subdivision 3; 84.8712, subdivision 1; 84.915; 84.927, subdivision 2; 84.928, subdivision 1; 171.10, subdivision 2; 171.12, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2002, sections 84.788; 84.791; 84.793, subdivision 1; 84.798; 84.802; 84.82; 84.84; 84.85; 84.862; 84.872, subdivisions 1, 2; 84.90; 84.922; 84.925; 84.9256, subdivision 1; 84.926; 171.07, subdivision 12.

 

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

 

 

Krinkie, Seagren, Sykora and Buesgens introduced:

 

H. F. No. 1109, A bill for an act relating to education; modifying school board contracting for certain noninstructional services; amending Minnesota Statutes 2002, section 123B.02, subdivision 14.

 

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

 

 

Koenen, Eken and Urdahl introduced:

 

H. F. No. 1110, A bill for an act relating to education; providing for the payment of all special education aid directly to the serving district; amending Minnesota Statutes 2002, sections 124D.11, subdivision 5; 125A.11, subdivisions 1, 3; 125A.15.

 

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

 

 

Krinkie introduced:

 

H. F. No. 1111, A bill for an act relating to state government; department of administration; updating references; increasing the threshold project amount for designer selection board approval; modifying building code language; eliminating a report; amending Minnesota Statutes 2002, sections 16B.054; 16B.055, subdivision 3; 16B.24, subdivisions 1, 5; 16B.33, subdivision 3; 16B.61, subdivision 1a; 16B.62, subdivision 1; 327A.01, subdivision 2; repealing Minnesota Statutes 2002, section 16C.18, subdivision 1.

 

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

 

 

Adolphson, Lieder, DeLaForest, Wardlow and Rhodes introduced:

 

H. F. No. 1112, A bill for an act relating to veterans affairs; providing authority to the Department of Veterans Affairs to access certain state databases to verify eligibility; amending Minnesota Statutes 2002, section 13.461, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 197.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 733

Penas, Lieder, Eken, Lanning, Lindgren and Marquart introduced:

 

H. F. No. 1113, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for flood hazard mitigation projects.

 

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

 

 

Kohls introduced:

 

H. F. No. 1114, A bill for an act relating to real property; conveyances by spouses; purchase-money mortgages; amending Minnesota Statutes 2002, sections 507.02; 507.03.

 

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

 

 

Hoppe introduced:

 

H. F. No. 1115, A bill for an act relating to public utilities; making changes to the telephone assistance plan; amending Minnesota Statutes 2002, sections 237.70, subdivisions 2, 3, 4a, 5, 6, 7; 237.701, subdivision 1.

 

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

 

 

Walker introduced:

 

H. F. No. 1116, A bill for an act relating to human services; placing a moratorium on the establishment, licensure, and public financing of large institutions for children; requiring a study on children and families whose needs are not being met by the current child welfare or social services systems.

 

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

 

 

Penas and Lieder introduced:

 

H. F. No. 1117, A bill for an act relating to transportation; appropriating money for joint use building in Pennington county.

 

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

 

 

Buesgens introduced:

 

H. F. No. 1118, A bill for an act relating to education finance; providing funding mechanisms for virtual schools; proposing coding for new law in Minnesota Statutes, chapter 125B.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 734

Kielkucki and Solberg introduced:

 

H. F. No. 1119, A bill for an act relating to elections; changing certain deadlines, procedures, requirements, and provisions; amending Minnesota Statutes 2002, sections 201.171; 202A.14, subdivision 3; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 1; 204B.25, subdivision 1; 204B.34, subdivision 3; 204B.36, subdivision 4; 204B.41; 204C.06, subdivision 2; 204C.07, subdivision 4; 204C.19, subdivision 1; 204C.35, by adding a subdivision; 204C.36, by adding a subdivision; 205.10, subdivision 3; 205.13, subdivision 1a; 205.16, subdivision 4; 205A.05, subdivision 1; 205A.06, subdivision 1a; 205A.07, subdivision 3; 206.58, subdivision 1; 211A.02, by adding a subdivision; 447.32, subdivisions 2, 3, 4.

 

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

 

 

Hornstein, Wagenius, Atkins, Lenczewski, Wardlow, Thissen, Wilkin, Pugh and Larson introduced:

 

H. F. No. 1120, A bill for an act relating to the metropolitan airports commission; requiring the commission to meet in airport noise affected neighborhood; requiring advance notice of proposed annual budget; amending Minnesota Statutes 2002, sections 473.604, subdivision 5; 473.661, subdivision 1.

 

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

 

 

Anderson, B., introduced:

 

H. F. No. 1121, A bill for an act relating to transportation; modifying power of commissioner of transportation to enter into agreements to share facilities; amending Minnesota Statutes 2002, section 174.02, subdivision 6.

 

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

 

 

Adolphson; Lanning; Hilstrom; Otto; Dempsey; Buesgens; DeLaForest; Nelson, M.; Atkins; Wilkin; Zellers; Lesch; Klinzing; Hornstein; Demmer; Mariani; Ellison; Paulsen; Blaine; Kuisle; Seagren; Westerberg; Powell; Juhnke; Sykora and Larson introduced:

 

H. F. No. 1122, A bill for an act relating to local government; providing alternative methods for publication of proceedings and public notices; amending Minnesota Statutes 2002, section 331A.03, subdivision 1, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 331B.

 

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

 

 

Smith, Rhodes, Fuller, Sviggum and Murphy introduced:

 

H. F. No. 1123, A bill for an act relating to financing; public defense system; increasing the surcharge imposed on criminal and traffic offenders; requiring applicants for services of the public defender to pay certain co-payments; authorizing collection of co-payments through the Revenue Recapture Act; appropriating money; amending Minnesota Statutes 2002, sections 270A.03, subdivision 5; 357.021, subdivisions 6, 7; 611.17.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 735

Osterman, Stang, Gunther, Fuller, Knoblach, Dorn, Mahoney, Sertich and Clark introduced:

 

H. F. No. 1124, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for loans for transitional housing.

 

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

 

 

Abeler, Entenza, Hilty, Huntley and Boudreau introduced:

 

H. F. No. 1125, A bill for an act relating to health occupations; modifying provisions for alcohol and drug counselors licensure; creating the board of alcohol and drug counselors; amending Minnesota Statutes 2002, sections 148C.01, subdivisions 2, 12, by adding subdivisions; 148C.02; 148C.03; 148C.0351, subdivisions 1, 3, by adding a subdivision; 148C.04; 148C.05, subdivision 1, by adding subdivisions; 148C.07; 148C.09; 148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2; 148C.11; proposing coding for new law in Minnesota Statutes, chapter 148C; repealing Minnesota Statutes 2002, sections 148C.01, subdivision 6; 148C.0351, subdivision 2; 148C.05, subdivisions 2, 3, 4; 148C.06; 148C.10, subdivision 1a; Minnesota Rules, parts 4747.0030, subparts 25, 28, 30; 4747.0040, subpart 3, item A; 4747.0060, subpart 1, items A, B, D; 4747.0070, subparts 4, 5; 4747.0080; 4747.0090; 4747.0100; 4747.0300; 4747.0400, subparts 2, 3; 4747.0500; 4747.0600; 4747.1000; 4747.1100, subparts 2, 3; 4747.1600.

 

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

 

 

Haas introduced:

 

H. F. No. 1126, A bill for an act relating to state government; modifying provisions relating to shared technology systems funding; amending Minnesota Statutes 2002, section 16E.01, subdivision 3.

 

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

 

 

Abeler and Otremba introduced:

 

H. F. No. 1127, A bill for an act relating to human services; changing continuing care provisions; amending Minnesota Statutes 2002, sections 252.32, subdivisions 1, 1a, 3, 3c; 256B.0621, subdivision 4; 256B.0625, subdivision 19c; 256B.0627, subdivisions 1, 4, 9; 256B.0911, subdivision 4d; 256B.0915, by adding a subdivision; 256B.47, subdivision 2; repealing Minnesota Statutes 2002, section 252.32, subdivision 2.

 

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

 

 

Finstad introduced:

 

H. F. No. 1128, A bill for an act relating to human services; modifying provisions to state-operated services; amending Minnesota Statutes 2002, sections 245.0312; 246.014; 246.015, subdivision 3; 246.018, subdivisions 2, 3, 4; 246.13; 246.15; 246.16; 246.57, subdivisions 1, 4, 6; 246.71, subdivisions 4, 5; 246B.02; 246B.03; 246B.04; 252.025, subdivision 7; 252.06; 253.015, subdivision 1; 253.017; 253.20; 253.26; 253B.02, subdivision 18a; 253B.09, subdivision 1; repealing Minnesota Statutes 2002, sections 246.017, subdivision 2; 246.022; 246.06; 246.07; 246.08; 246.11; 246.19; 246.42; 252.025, subdivisions 1, 2, 4, 5, 6; 252.032; 252.10; 253.015, subdivisions 2, 3; 253.10; 253.19; 253.201; 253.202; 253.25; 253.27; 256.05; 256.06; 256.08; 256.09; 256.10; 268A.08.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 736

Kuisle introduced:

 

H. F. No. 1129, A bill for an act relating to transportation; regulating utility relocations necessitated by design-build transportation projects; 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.

 

 

Howes introduced:

 

H. F. No. 1130, A bill for an act relating to highways; modifying provisions governing gross vehicle weights on interstate highways; providing for vehicles and vehicle combinations weighing up to 88,000 pounds to travel on nine-ton roads in winter; amending Minnesota Statutes 2002, sections 168.013, subdivision 3; 169.826, subdivision 1, by adding a subdivision; 169.86, subdivision 5.

 

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

 

 

Walker, Clark, Davnie, Hornstein and Wagenius introduced:

 

H. F. No. 1131, A bill for an act relating to taxation; imposing a parking surcharge for facilities serving the Minneapolis-St. Paul international airport; creating an airport impact mitigation account in the general fund; amending Minnesota Statutes 2002, section 473.608, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

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

 

 

Gerlach; Anderson, J., and Dorman introduced:

 

H. F. No. 1132, A bill for an act relating to employment; repealing laws governing entertainment agencies; repealing Minnesota Statutes 2002, sections 184A.01; 184A.02; 184A.03; 184A.04; 184A.05; 184A.06; 184A.07; 184A.08; 184A.09; 184A.10; 184A.11; 184A.12; 184A.13; 184A.14; 184A.15; 184A.16; 184A.17; 184A.18; 184A.19; 184A.20.

 

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

 

 

Kielkucki introduced:

 

H. F. No. 1133, A bill for an act relating to public employees; transferring duties relating to exceptions to the political subdivision compensation limit; authorizing the state auditor to charge a fee; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing 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.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 737

Anderson, I., and Dill introduced:

 

H. F. No. 1134, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Koochiching county.

 

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

 

 

Lipman introduced:

 

H. F. No. 1135, A bill for an act relating to government data practices; providing for classification of computer data; clarifying classification of information in bids and proposals; classifying certain burial site data; amending Minnesota Statutes 2002, sections 16C.06, by adding a subdivision; 16C.10, subdivision 7; 307.08, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2002, sections 13.6401, subdivision 4; Laws 2001, First Special Session chapter 10, article 2, section 40.

 

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

 

 

Abeler, Greiling and Wardlow introduced:

 

H. F. No. 1136, A bill for an act relating to education; providing for performance bonds for certain school district contracts; amending Minnesota Statutes 2002, section 574.26, subdivision 2.

 

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

 

 

Atkins introduced:

 

H. F. No. 1137, A bill for an act relating to taxation; individual income; creating a credit for college tuition costs; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Clark, Kelliher, Rhodes and Westrom introduced:

 

H. F. No. 1138, A bill for an act relating to liquor; authorizing the city of Minneapolis to issue an on-sale wine license and an on-sale malt liquor license to the Jungle Theater; amending Minnesota Statutes 2002, section 340A.404, subdivision 2.

 

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

 

 

Samuelson introduced:

 

H. F. No. 1139, A bill for an act relating to human services; making technical changes; requiring a report on long-term care; amending Minnesota Statutes 2002, sections 245A.035, subdivision 3; 245A.04, subdivisions 3b, 3d; 256B.056, subdivision 6; 256B.057, subdivision 10; 256B.064, subdivision 2; 256B.437, subdivision 2;


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 738

256B.76; 256B.761; 256D.03, subdivision 3a; 256L.12, subdivision 6; 260C.141, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 2002, sections 62J.66; 62J.68; 144A.071, subdivision 5; 144A.35; Laws 1998, chapter 407, article 4, section 63.

 

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

 

 

Soderstrom introduced:

 

H. F. No. 1140, A bill for an act relating to health; modifying requirements for an agreement to regulate nuclear materials; amending Minnesota Statutes 2002, section 144.1202, subdivision 4.

 

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

 

 

Samuelson; Soderstrom; Anderson, B., and Eastlund introduced:

 

H. F. No. 1141, A bill for an act relating to veterans homes; updating and correcting certain language; amending Minnesota Statutes 2002, sections 198.001, by adding a subdivision; 198.004, subdivision 1; 198.005; 198.007; repealing Minnesota Statutes 2002, sections 198.001, subdivision 7; 198.002, subdivision 5; 198.003, subdivision 2.

 

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

 

 

Anderson, B.; Lieder and Howes introduced:

 

H. F. No. 1142, A bill for an act relating to drivers' licenses; modifying provisions related to driver instruction permits and provisional drivers' licenses; amending Minnesota Statutes 2002, sections 171.05, subdivision 2; 171.055, subdivision 2.

 

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

 

 

Severson introduced:

 

H. F. No. 1143, A bill for an act relating to housing and economic development authorities; authorizing an authority to create certain legal entities to engage in housing activities; amending Minnesota Statutes 2002, section 469.012, subdivision 1.

 

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

 

 

Atkins introduced:

 

H. F. No. 1144, A bill for an act relating to education; authorizing an early retirement levy for school districts.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 739

Seagren, Greiling and Anderson, B., introduced:

 

H. F. No. 1145, A bill for an act relating to education; coordinating crisis services with removal of certain students; providing for district student removal reports to department of children, families, and learning; increasing graduation rates of students with emotional or behavioral disturbance; requiring warning signs of mental illness to be included in continuing education requirements for teachers; providing for rulemaking; amending Minnesota Statutes 2002, sections 121A.55; 121A.61, subdivision 3; 122A.09, subdivision 4; 125A.08.

 

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

 

 

Seagren, Greiling and Sykora introduced:

 

H. F. No. 1146, A bill for an act relating to education finance; authorizing a pilot project to demonstrate the effectiveness of a care and treatment facility operating a charter school.

 

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

 

 

Kielkucki, Finstad, Heidgerken, Seifert and Blaine introduced:

 

H. F. No. 1147, A bill for an act relating to education; authorizing postsecondary enrollment options courses to be taught at nonpublic schools; amending Minnesota Statutes 2002, section 124D.09, subdivision 10.

 

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

 

 

Wilkin, Huntley and Otremba introduced:

 

H. F. No. 1148, A bill for an act relating to health; establishing qualified eligibility clearinghouses to provide eligibility data to health care providers; proposing coding for new law in Minnesota Statutes, chapter 62J.

 

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

 

 

Seifert introduced:

 

H. F. No. 1149, A bill for an act relating to taxation; property tax; modifying the requirements for certain agricultural homesteads; amending Minnesota Statutes 2002, section 273.124, subdivision 14.

 

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

 

 

Wagenius, Hausman and Kahn introduced:

 

H. F. No. 1150, A bill for an act relating to traffic regulations; making seat belt violation a primary offense; requiring all passengers to wear a seat belt; imposing petty misdemeanor penalty; amending Minnesota Statutes 2002, sections 169.686, subdivision 1; 171.055, subdivision 2.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 740

Hausman; Johnson, S.; Mariani and Hornstein introduced:

 

H. F. No. 1151, A bill for an act relating to drivers' licenses; limiting rulemaking authority concerning drivers' licenses; specifying personal information to be shown on driver's license; authorizing reissuance of certain drivers' licenses and identification cards; amending Minnesota Statutes 2002, sections 171.015, by adding a subdivision; 171.07, subdivisions 1, 3.

 

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

 

 

Haas introduced:

 

H. F. No. 1152, A bill for an act relating to public safety; regulating disbursement of funds for health care assistance under public safety officer benefits program; amending Minnesota Statutes 2002, section 299A.465, subdivisions 4, 5.

 

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

 

 

Wagenius, Erhardt, Rhodes, Kelliher and Thissen introduced:

 

H. F. No. 1153, A bill for an act relating to taxation; extending a program that excludes improvement value on certain older homes; amending Minnesota Statutes 2002, section 273.11, subdivision 16.

 

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

 

 

Juhnke, Gunther, Otremba, Dorman and Mariani introduced:

 

H. F. No. 1154, A bill for an act relating to education finance; clarifying the current funding for limited English proficiency programs; amending Minnesota Statutes 2002, section 124D.65, subdivision 5; 126C.10, subdivision 4; repealing Minnesota Statutes 2002, section 124D.65, subdivision 4.

 

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

 

 

Dempsey and Sviggum introduced:

 

H. F. No. 1155, A bill for an act relating to human services; allowing a licensing change in Goodhue county to an existing ICF/MR.

 

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

 

 

Juhnke introduced:

 

H. F. No. 1156, A bill for an act relating to animal health; extending a provision authorizing certain emergency restrictions; amending Minnesota Statutes 2002, section 35.0661, subdivision 4.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 741

Rhodes and Lipman introduced:

 

H. F. No. 1157, A bill for an act relating to corrections; authorizing certain commitments to the commissioner of corrections to be served in local correctional facilities; requiring the commissioner to issue a request for proposals to provide facilities for persons committed to the commissioner; amending Minnesota Statutes 2002, section 609.105, subdivision 1, by adding subdivisions; repealing Laws 2002, chapter 220, article 6, section 6.

 

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

 

 

Bradley introduced:

 

H. F. No. 1158, A bill for an act relating to human services; increasing an intergovernmental transfer payment; increasing the county nursing home payment adjustment; amending Minnesota Statutes 2002, sections 256B.19, subdivision 1d; 256B.431, subdivision 23.

 

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

 

 

Jacobson introduced:

 

H. F. No. 1159, A bill for an act relating to the city of Roseville; authorizing the city to extend the duration of a tax increment financing district.

 

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

 

 

Erickson introduced:

 

H. F. No. 1160, A bill for an act relating to education; clarifying the definition of curriculum under the school district process to plan, provide, and improve education instruction and curriculum relating to the state's graduation standards; amending Minnesota Statutes 2002, section 120B.11, subdivision 1.

 

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

 

 

Abeler introduced:

 

H. F. No. 1161, A bill for an act relating to mental health; clarifying notice requirements for treatment facilities when releasing persons held for detoxification; amending Minnesota Statutes 2002, section 253B.05, by adding a subdivision.

 

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

 

 

Lipman introduced:

 

H. F. No. 1162, A bill for an act relating to data practices; classifying certain data relating to electronic transmissions with the state lottery; amending Minnesota Statutes 2002, sections 13.746, subdivision 3; 349A.08, subdivision 9.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 742

Harder, Magnus and Otremba introduced:

 

H. F. No. 1163, A bill for an act relating to human services; appropriating money for the Meals on Wheels and for Congregate Dining program.

 

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

 

 

Johnson, S., and Thao introduced:

 

H. F. No. 1164, A bill for an act relating to corrections; requiring a biennial performance report from the department of corrections; amending Minnesota Statutes 2002, section 241.016, subdivision 1.

 

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

 

 

Hausman and Hornstein introduced:

 

H. F. No. 1165, A bill for an act relating to transportation; providing for high-speed rail transportation under authority of commissioner of transportation; proposing coding for new law in Minnesota Statutes, chapter 174.

 

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

 

 

Hackbarth, Howes, Larson, Kahn, Kelliher, Tingelstad, Ozment, Fuller, Koenen, Hausman, Hornstein, Jaros, Ellison, Thissen, Atkins, Mariani, Dorman, Walker, Clark, Hilstrom, Lesch, Seagren, Carlson, Rhodes, Davnie, Otremba and Smith introduced:

 

H. F. No. 1166, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, by adding a section to article XI; increasing the sales tax one-fourth of one percent on taxable sales for natural resource purposes; creating a heritage enhancement fund; amending Minnesota Statutes 2002, sections 297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97A.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

 

H. F. No. 95, A bill for an act relating to commerce; eliminating an archaic prohibition on misrepresenting the size of certain items; repealing Minnesota Statutes 2002, section 325F.38.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 743

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

 

H. F. No. 112, A bill for an act relating to real property; making various technical, clarifying, and conforming changes relating to registration of title, liens, and mortgages; amending Minnesota Statutes 2002, sections 481.13, subdivision 3; 508.08; 508.35; 508.52; 508.67, subdivision 1; 508.70, subdivisions 1, 2, by adding subdivisions; 559.17, subdivision 3; 508A.08; 508A.35; 508A.52; 508A.70; proposing coding for new law in Minnesota Statutes, chapter 507.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Pugh moved that the House concur in the Senate amendments to H. F. No. 112 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 112, A bill for an act relating to real property; making various technical, clarifying, and conforming changes relating to registration of title, liens, and mortgages; amending Minnesota Statutes 2002, sections 481.13, subdivision 3; 508.08; 508.35; 508.52; 508.67, subdivision 1; 508.70, subdivisions 1, 2, by adding subdivisions; 508A.08; 508A.35; 508A.52; 508A.70; 559.17, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 507.

 

 

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

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

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

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 744

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Krinkie


 

 

The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. Speaker:

 

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

 

 

Senate Concurrent Resolution No. 4, A Senate concurrent resolution adopting deadlines for the 2003 regular session.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

SUSPENSION OF RULES

 

Paulsen moved that the rules be so far suspended that Senate Concurrent Resolution No. 4 be now considered and be placed upon its adoption. The motion prevailed.

 

 

SENATE CONCURRENT RESOLUTION NO. 4

 

A Senate concurrent resolution adopting deadlines for the 2003 regular session.

 

 

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

 

(a) In accordance with Joint Rule 2.03, the deadlines in this resolution apply to the 2003 regular session.

 

(b) The deadlines in this paragraph do not apply to the House Committee on Capital Investment, Ways and Means, Taxes, or Rules and Legislative Administration, or to the Senate Committee on Capital Investment, Finance, Taxes, or Rules and Administration.

 

(1) The first deadline, Friday, April 4, is for committees to act favorably on bills in the house of origin.

 

(2) The second deadline, Friday, April 11, is for committees to act favorably on bills, or companions of bills, that met the first deadline in the other house.

 

A committee has until the second deadline to act favorably on a bill, or the companion of a bill, that by the first deadline was referred to a finance committee. The omnibus appropriation bills are exempt from the first two deadlines.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 745

(c) The third deadline, Tuesday, April 29, is for the House Committee on Ways and Means and the Senate Committee on Finance to act favorably on omnibus appropriation bills, other than a bill appropriating money for the acquisition and betterment of public lands and buildings and other public improvements of a capital nature.

 

(d) The omnibus appropriation bills are the following:

 

(1) A bill appropriating money for education from early childhood through grade 12;

 

(2) A bill appropriating money for higher education;

 

(3) A bill in the House appropriating money for health and human services;

 

(4) A bill in the Senate appropriating money for health, human services, and corrections;

 

(5) A bill in the House appropriating money for protection and improvement of the State's environment, agriculture, and rural development;

 

(6) A bill in the House appropriating money for jobs and economic development;

 

(7) A bill in the Senate appropriating money for protection and improvement of the State's environment, agriculture, and economic development;

 

(8) A bill appropriating money for the department of transportation and other agencies;

 

(9) A bill in the House appropriating money for the judiciary;

 

(10) A bill appropriating money for the general administrative expenses of state government;

 

(11) A bill appropriating money for the payment of claims against the State of Minnesota that may have been allowed by the Finance Committee of the Senate or the Ways and Means Committee of the House; and

 

(12) A bill appropriating money for the acquisition and betterment of public lands and buildings and other public improvements of a capital nature.

 

(e) When a committee in either house acts favorably on a bill after a deadline established in this resolution, the bill must be referred in the Senate to the Committee on Rules and Administration or in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. Either rules committee, when reporting a bill referred to the committee in accordance with Joint Rule 2.03 and this resolution, may waive the application of the Rule and resolution to subsequent actions on that bill by other committees.

 

 

Paulsen moved that Senate Concurrent Resolution No. 4 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 4 was adopted.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 746

Mr. Speaker:

 

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

 

S. F. Nos. 375, 512, 578, 768, 726 and 842.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 375, A bill for an act relating to crimes; clarifying when seizure of a motor vehicle used in a prostitution offense or to flee a peace officer occurs for purposes of the forfeiture law; amending Minnesota Statutes 2002, section 609.5312, subdivisions 3, 4.

 

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

 

 

S. F. No. 512, A bill for an act relating to the metropolitan council; removing the city of Rockford from the jurisdiction of the metropolitan council; amending Minnesota Statutes 2002, sections 473.121, subdivision 2; 473.123, subdivision 3c.

 

The bill was read for the first time.

 

Borrell moved that S. F. No. 512 and H. F. No. 415, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 578, 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.

 

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

 

 

S. F. No. 768, A bill for an act relating to the capitol area architectural and planning board; revising the text of its enabling law to remove redundant and obsolete language, to simplify grammar and syntax, and to improve the style of language without changing meaning; making conforming changes; providing revisor instructions; amending Minnesota Statutes 2002, section 15.50.

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 747

S. F. No. 726, A bill for an act relating to the State Building Code; modifying municipal reporting requirements; amending Minnesota Statutes 2002, section 16B.685.

 

The bill was read for the first time.

 

Erickson moved that S. F. No. 726 and H. F. No. 744, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 842, A bill for an act relating to natural resources; modifying commissioner's authority relating to employees, gifts, and grants; modifying provisions of the state parks working capital fund; modifying application provisions for certain licenses; providing for reciprocity of certain safety courses; modifying certain county reimbursement provisions; modifying identification provisions for fish and dark houses; eliminating requirement to publish pamphlet form of laws; amending Minnesota Statutes 2002, sections 84.01, subdivision 3; 84.026; 84.085, subdivision 1; 84.82, subdivision 2; 84.862, by adding a subdivision; 85.22, by adding a subdivision; 86B.401, subdivision 1; 97A.065, subdivision 2; 97C.355, subdivisions 1, 2; repealing Minnesota Statutes 2002, section 97A.051, subdivision 1; Minnesota Rules, part 6262.0100, subpart 2.

 

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

 

 

CONSENT CALENDAR

 

 

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.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

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.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 748

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

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.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

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.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

MOTION TO FIX TIME TO CONVENE

 

Paulsen moved that when the House adjourns today it adjourn until 4:30 p.m., Wednesday, March 26, 2003. The motion prevailed.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 749

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Monday, March 24, 2003:

 

S. F. No. 287 and H. F. No. 195.

 

 

CALENDAR FOR THE DAY

 

 

S. F. No. 287 was reported to the House.

 

Anderson, B., moved to amend S. F. No. 287 as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 6, the first engrossment:

 

"Section 1. Minnesota Statutes 2002, section 121A.11, is amended by adding a subdivision to read:

 

Subd. 3. [PLEDGE OF ALLEGIANCE.] (a) All public and charter school students shall recite the pledge of allegiance to the flag of the United States of America one or more times each week. The recitation shall be conducted:

 

(1) by each individual classroom teacher or the teacher's surrogate; or

 

(2) over a school intercom system by a person designated by the school principal or other person having administrative control over the school.

 

A local school board or a charter school board of directors annually, by majority vote, may waive this requirement.

 

(b) Any student or teacher who objects to reciting the pledge must be excused from participating without penalty.

 

(c) A local school board or a charter school board of directors that waives the requirement to recite the pledge of allegiance under paragraph (a) may adopt a district or school policy regarding the reciting of the pledge of allegiance.

 

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

 

Sec. 2. Minnesota Statutes 2002, section 121A.11, is amended by adding a subdivision to read:

 

Subd. 4. [INSTRUCTION.] Unless this requirement is waived annually by a majority vote of the school board, a school district must instruct students in the proper etiquette toward, correct display of, and respect for the flag, and in patriotic exercises. The instruction is recommended to be part of the district's fifth grade social studies curriculum.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment. Each school district must begin the instruction required under this section no later than the 2004-2005 school year.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 750

Sec. 3. Minnesota Statutes 2002, section 124D.10, subdivision 8, is amended to read:

 

Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and local health and safety requirements.

 

(b) A school sponsored by a school board may be located in any district, unless the school board of the district of the proposed location disapproves by written resolution.

 

(c) A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or a religious institution.

 

(d) Charter schools must not be used as a method of providing education or generating revenue for students who are being home-schooled.

 

(e) The primary focus of a charter school must be to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. Instruction may be provided to people younger than five years and older than 18 years of age.

 

(f) A charter school may not charge tuition.

 

(g) A charter school is subject to and must comply with chapter 363 and section 121A.04.

 

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 123B.34 to 123B.39.

 

(i) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district. Audits must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the program at the school. Deviations must be approved by the commissioner. The department of children, families, and learning, state auditor, or legislative auditor may conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

 

(j) A charter school is a district for the purposes of tort liability under chapter 466.

 

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

 

(l) A charter school is subject to the pledge of allegiance requirement under section 121A.11, subdivision 3.

 

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

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 751

Rukavina; Severson; Anderson, I., and Lieder offered an amendment to S. F. No. 287, as amended.

 

 

POINT OF ORDER

 

Paulsen raised a point of order pursuant to rule 3.21 that the Rukavina et al amendment was not in order. The Speaker ruled the point of order well taken and the Rukavina et al amendment out of order.

 

 

Rukavina appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

On the motion of Entenza and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

 


Abeler

Abrams

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

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

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

Paulsen moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 81 yeas and 53 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 752

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Penas

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

So it was the judgment of the House that the decision of the Speaker should stand.

 

 

CALL OF THE HOUSE LIFTED

 

Entenza moved that the call of the House be suspended. The motion prevailed and it was so ordered.

 

 

Kahn moved to amend S. F. No. 287, as amended, as follows:

 

Page 1, after line 19, insert:

 

"All public and charter schools must set aside time each week for civics education. Civics education includes, but is not limited to, recitation of the pledge of allegiance to the United States of America, discussion of the history and meaning of the pledge of allegiance, American patriotic songs, United States history, the Bill of Rights, United States Constitution, Declaration of Independence, discussion of current events, or any other activities related to government."

 

Page 1, line 21, delete "annually, by majority vote,"

 

Page 1, delete lines 22 and 23 and insert:

 

"(b) Any student or teacher may decline to participate in recitation of the pledge. At the beginning of the school year, the adult person in charge of the class or school shall discuss the history and reason for recitation of the pledge of allegiance with the students. As part of that discussion, the person in charge shall inform the students that anyone not wishing to participate in the recitation of the pledge for any personal reason may elect not to do so and others should respect the right to make that choice."


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 753

Page 2, line 6, delete "this" and insert "the" and after "requirement" insert "in subdivision 3"

 

Page 2, line 7, delete "annually"

 

Page 2, line 15, delete "2004-2005" and insert "2003-2004"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Kahn amendment and the roll was called. There were 36 yeas and 98 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Eken

Ellison

Entenza

Hilstrom

Hilty

Hornstein

Jaros

Juhnke

Kahn

Kelliher

Larson

Latz

Lesch

Lieder

Lipman

Mariani

Mullery

Nelson, M.

Otremba

Otto

Rukavina

Sertich

Sieben

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Beard

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Dorn

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Holberg

Hoppe

Howes

Huntley

Jacobson

Johnson, J.

Johnson, S.

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lenczewski

Lindgren

Lindner

Magnus

Mahoney

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Slawik

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Seifert and Pelowski moved to amend S. F. No. 287, as amended, as follows:

 

Page 3, after line 33, insert:


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 754

"Sec. 4. [120B.001] [REPEALING PROFILE OF LEARNING STATUTES AND RULES AND RELATED STATEWIDE TESTING REQUIREMENT.]

 

(a) Notwithstanding sections 120B.02, 120B.031, 120B.30, 120B.31, and 120B.35, or other law to the contrary, the commissioner of children, families, and learning must not implement the profile of learning portion of the state's results-oriented graduation rule and all rules under Minnesota Rules, chapter 3501, related to the profile of learning portion of the state's results-oriented graduation rule described in this chapter are repealed.

 

(b) The requirement under section 120B.30 for a test aligned with the profile of learning portion of the state's graduation standards that is administered annually to all students in grades 3, 5, 7, 8, 10, and 11 is repealed. This repeal does not apply to the state's basic skills tests in reading, mathematics, and written composition.

 

[EFFECTIVE DATE.] Paragraph (a) of this section is effective the day following final enactment and applies to the 2003-2004 school year and later. Paragraph (b) of this section is effective immediately and applies to the 2005-2006 school year and later.

 

Sec. 5. [REPLACING PROFILE OF LEARNING STATUTES AND RULES.]

 

Subdivision 1. [STAKEHOLDER ADVICE ON STANDARDS.] The commissioner of children, families, and learning must consider advice from at least the following stakeholders in developing statewide rigorous core academic standards in English, mathematics, science, and social studies, including history, geography, civics and economics, to replace the profile of learning:

 

(1) parents of school-age children and members of the public throughout the state;

 

(2) teachers throughout the state currently licensed and providing instruction in English, mathematics, science, or social studies, including history, geography, civics and economics, and licensed elementary and secondary school principals throughout the state currently administering a school site;

 

(3) currently serving members of local school boards and charter school boards throughout the state;

 

(4) faculty teaching core subjects at postsecondary institutions in Minnesota; and

 

(5) representatives of the Minnesota business community.

 

Subd. 2. [PARAMETERS FOR ACADEMIC STANDARDS.] The academic standards must:

 

(1) be based on factual, objective, verifiable knowledge in English, mathematics, science, and social studies, including history, geography, civics and economics;

 

(2) be clear, concise, measurable, and grade-level appropriate;

 

(3) not mandate a specific teaching methodology nor include work-based learning or any other content standard inconsistent with this subdivision; and

 

(4) be assessed using tests aligned with the academic standards established under this section.

 

Subd. 2a. [SOCIAL STUDIES STANDARDS.] Social studies standards, which include history, geography, civics and economics, must preserve and promote fundamental American principles stated in the Declaration of Independence and the Constitution of the United States and other such principles as national sovereignty, and free market enterprise.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 755

Subd. 3. [COMMISSIONER TO PRESENT PROPOSED RULES TO THE LEGISLATURE.] (a) The commissioner must present to the legislature proposed rules for implementing statewide rigorous core academic standards in English, mathematics, science, and social studies, including history, geography, civics and economics, as follows:

 

(1) by April 15, 2003, present proposed rules for implementing statewide rigorous core academic standards in English and mathematics;

 

(2) present a statewide plan for students, educators, schools, and school districts to make the transition from the profile of learning to the standards described under this act;

 

(3) by March 1, 2004, present proposed rules for implementing statewide rigorous core academic standards in science;

 

(4) by March 1, 2005, present proposed rules for implementing statewide rigorous core academic standards in social studies, including history, geography, civics and economics.

 

(b) All proposed rules the commissioner presents must comply with the requirements of this section.

 

(c) A school district, no later than the 2007-2008 school year, must incorporate into its existing locally established graduation requirements the state graduation requirements premised on rules proposed under this section. A school district that incorporates these state graduation requirements before the 2007-2008 school year must provide students who enter the ninth grade in or before the 2004-2005 school year with the opportunity to earn a diploma based on existing locally established graduation requirements in effect when the students entered the ninth grade. District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with Minnesota Statutes, sections 120B.10, 120B.11, and 120B.20.

 

Subd. 4. [RULES IMPLEMENTING READING AND MATH STANDARDS.] The commissioner must adopt rules under Minnesota Statutes, section 14.388, clause (2), for implementing the statewide rigorous core academic standards in English and mathematics described in subdivision 3, clause (1).

 

[EFFECTIVE DATE.] Subdivisions 1, 2, and 3 are effective the day following final enactment. Subdivision 4 is effective April 30, 2003.

 

Sec. 6. [INTERIM ALTERNATIVE.]

 

If the legislature does not authorize the commissioner under section 5, subdivision 4, to adopt rules to implement statewide rigorous core academic standards in English and mathematics that are effective for the 2003-2004 school year, each school district and charter school shall continue to implement academic English and mathematics standards consistent with Minnesota Statutes 2002, section 120A.22, subdivision 9, until such rules to implement statewide rigorous core academic standards in English and mathematics are adopted.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 756

POINT OF ORDER

 

Greiling raised a point of order pursuant to rule 3.21 that the Seifert and Pelowski amendment was not in order. The Speaker ruled the point of order not well taken and the Seifert and Pelowski amendment in order.

 

 

The question recurred on the Seifert and Pelowski amendment and the roll was called. There were 88 yeas and 44 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Eastlund

Eken

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hoppe

Howes

Jacobson

Johnson, J.

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Latz

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Otremba

Otto

Ozment

Paulsen

Pelowski

Penas

Peterson

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Slawik

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Biernat

Carlson

Clark

Davnie

Dill

Dorman

Dorn

Ellison

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Larson

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Opatz

Osterman

Paymar

Pugh

Rukavina

Sertich

Sieben

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

The motion prevailed and the amendment was adopted.

 

 

Carlson moved to amend S. F. No. 287, as amended, as follows:

 

Page 2, after line 1, insert:

 

"(d) Nonpublic schools are requested to adopt a policy on students' reciting of the pledge of allegiance."

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 757

Rukavina and Opatz moved to amend S. F. No. 287, as amended, as follows:

 

Page 2, after line 1, insert "For purposes of this section, a "flag" means a flag that is manufactured in the United States of America."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Rukavina and Opatz amendment and the roll was called. There were 61 yeas and 73 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Beard

Bernardy

Biernat

Brod

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Howes

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Olson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Samuelson

Sertich

Sieben

Slawik

Smith

Solberg

Stang

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Blaine

Borrell

Boudreau

Bradley

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Osterman

Ozment

Paulsen

Penas

Powell

Ruth

Seagren

Seifert

Severson

Simpson

Soderstrom

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

S. F. No. 287, as amended, was read for the third time.

 

The Speaker called Olson, M., to the Chair.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 758

CALL OF THE HOUSE

 

On the motion of Vandeveer and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

 


Abeler

Abrams

Adolphson

Anderson, B.

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

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

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

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Paulsen moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

The Speaker resumed the Chair.

 

 

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

 

 

The bill, as amended, was placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called.

 

 

Seifert moved that those not voting be excused from voting. The motion prevailed.

 

 

There were 113 yeas and 19 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 759

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hilstrom

Holberg

Hoppe

Howes

Huntley

Jacobson

Johnson, J.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Mullery

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Biernat

Clark

Dorn

Ellison

Greiling

Hausman

Hilty

Hornstein

Jaros

Johnson, S.

Kahn

Lesch

Mahoney

Mariani

Rukavina

Thao

Thissen

Wagenius

Walker


 

 

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

 

 

H. F. No. 195 was reported to the House.

 

 

Solberg moved to amend H. F. No. 195, the second engrossment, as follows:

 

Page 2, line 7, after the period, insert "Maintenance of effort is based on state expenditures for the fiscal year ending June 30, 2000."

 

 

The motion prevailed and the amendment was adopted.

 

 

Hilty and Kahn moved to amend H. F. No. 195, the second engrossment, as amended, as follows:

 

Page 2, after line 16, insert:

 

"Sec. 2. [LEGISLATIVE APPROVAL REQUIRED.]

 

The secretary of state must not make changes to any system used to: cast and count votes; report or display election results; or maintain or produce any audit trail information until the secretary is specifically authorized to take the action by a law enacted after the effective date of this act."


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 760

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Hilty and Kahn amendment and the roll was called.

 

 

Paulsen moved that those not voting be excused from voting. The motion prevailed.

 

 

There were 50 yeas and 84 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Otto

Paymar

Peterson

Pugh

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Huntley

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Pelowski

Penas

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

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

 

 

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


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 761

The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 1 nay as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

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.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


DeLaForest


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Walz moved that his name be stricken as an author on H. F. No. 5. The motion prevailed.

 

Erickson moved that her name be stricken as an author on H. F. No. 45. The motion prevailed.

 

Cox moved that the name of Peterson be added as an author on H. F. No. 257. The motion prevailed.

 

Otto moved that her name be stricken as an author on H. F. No. 347. The motion prevailed.

 

Borrell moved that the name of Severson be added as an author on H. F. No. 415. The motion prevailed.

 

Brod moved that the name of Koenen be added as an author on H. F. No. 450. The motion prevailed.

 

Meslow moved that the name of Vandeveer be added as an author on H. F. No. 481. The motion prevailed.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 762

Huntley moved that his name be stricken as an author on H. F. No. 491. The motion prevailed.

 

Seifert moved that the name of Peterson be added as an author on H. F. No. 502. The motion prevailed.

 

Sykora moved that the name of Adolphson be added as an author on H. F. No. 581. The motion prevailed.

 

Slawik moved that the name of Bernardy be added as an author on H. F. No. 658. The motion prevailed.

 

Erhardt moved that the name of Westerberg be added as an author on H. F. No. 722. The motion prevailed.

 

Erhardt moved that the name of Westerberg be added as an author on H. F. No. 723. The motion prevailed.

 

Tingelstad moved that the name of Zellers be added as an author on H. F. No. 792. The motion prevailed.

 

Gunther moved that the names of Clark, Gerlach, Lindner, Osterman and Walz be added as authors on H. F. No. 831. The motion prevailed.

 

Lindgren moved that his name be stricken as an author on H. F. No. 861. The motion prevailed.

 

Nelson, C., moved that the name of Magnus be added as an author on H. F. No. 891. The motion prevailed.

 

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

 

Fuller moved that the name of Powell be added as an author on H. F. No. 920. The motion prevailed.

 

Abrams moved that the name of Powell be added as an author on H. F. No. 954. The motion prevailed.

 

Krinkie moved that the names of Urdahl; Anderson, J.; Erickson; Osterman; Brod; Finstad; Nelson, C.; Klinzing; Vandeveer; Olsen, S., and Gunther and be added as authors on H. F. No. 958. The motion prevailed.

 

Beard moved that the name of McNamara be added as an author on H. F. No. 964. The motion prevailed.

 

Brod moved that the name of Meslow be added as an author on H. F. No. 973. The motion prevailed.

 

Erickson moved that the name of Meslow be added as an author on H. F. No. 977. The motion prevailed.

 

Lenczewski moved that the name of Thissen be added as an author on H. F. No. 983. The motion prevailed.

 

Magnus moved that the name of Harder be added as an author on H. F. No. 988. The motion prevailed.

 

Olsen, S., moved that the name of McNamara be added as an author on H. F. No. 999. The motion prevailed.

 

Strachan moved that the name of Meslow be added as an author on H. F. No. 1003. The motion prevailed.

 

Rhodes moved that the name of Sykora be added as an author on H. F. No. 1009. The motion prevailed.

 

Olson, M., moved that the name of Cox be added as an author on H. F. No. 1013. The motion prevailed.

 

Abrams moved that the name of Erhardt be added as an author on H. F. No. 1017. The motion prevailed.


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 763

Penas moved that the names of Lanning and Marquart be added as authors on H. F. No. 1048. The motion prevailed.

 

Wagenius moved that the names of Hausman and Wasiluk be added as authors on H. F. No. 1060. The motion prevailed.

 

Kielkucki moved that the name of Erickson be added as an author on H. F. No. 1074. The motion prevailed.

 

Brod moved that the name of Meslow be added as an author on H. F. No. 1080. The motion prevailed.

 

Anderson, B., moved that the name of Tingelstad be added as an author on H. F. No. 1091. The motion prevailed.

 

Olson, M., moved that H. F. No. 477 be recalled from the Committee on Transportation Policy and be re-referred to the Committee on Commerce, Jobs and Economic Development. The motion prevailed.

 

Sykora moved that H. F. No. 721 be recalled from the Committee on Education Finance and be re-referred to the Committee on Taxes. The motion prevailed.

 

Lindgren moved that H. F. No. 1029 be recalled from the Committee on Education Policy and be re-referred to the Committee on Environment and Natural Resources Policy. The motion prevailed.

 

Penas moved that H. F. No. 1048 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.

 

 

ADJOURNMENT

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 4:30 p.m., Wednesday, March 26, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 27th Day - Monday, March 24, 2003 - Top of Page 764