STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
THIRTIETH DAY
Saint Paul, Minnesota, Monday, March 31, 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 Thomas R. Yauch, Bible Baptist
Church, Farmington, 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
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
Koenen
Kohls
Krinkie
Kuisle
Lanning
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
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Larson and Olsen, S., were excused.
Knoblach was excused until 3:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Urdahl moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF STANDING COMMITTEES
Kuisle from the Committee on Transportation Finance to which
was referred:
H. F. No. 199, A bill for an act relating to economic development;
authorizing the county of Koochiching to establish a port authority;
authorizing political subdivisions to apply for foreign trade zone powers;
proposing coding for new law in Minnesota Statutes, chapter 469.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Anderson, I., moved that H. F. No. 199 be
recalled from the Committee on Taxes and be re-referred to the Committee on
Local Government and Metropolitan Affairs.
The motion prevailed.
Kuisle from the Committee on Transportation Finance to which
was referred:
H. F. No. 213, A bill for an act relating to local government;
providing reimbursement to fire departments for expenses incurred in extinguishing
certain motor vehicle fires; providing cities and towns authority to collect
unpaid bills for certain emergency services from nonresidents; appropriating
money; amending Minnesota Statutes 2002, sections 161.465; 366.011; 366.012.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 264, A bill for an act relating to landlords and tenants;
modifying the time period for serving a summons and scheduling a hearing for a
housing violation; amending Minnesota Statutes 2002, section 504B.401.
Reported the same back with the following amendments:
Page 1, line 19, strike "five" and insert "seven"
Page 1, line 20, delete "30" and insert "14"
Page 1, line 24, strike "five" and insert "seven"
and reinstate the stricken "nor more than" and after "ten"
insert "14"
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on
Transportation Policy to which was referred:
H. F. No. 343, A bill for an act relating to motor vehicles;
allowing sales to other dealers by limited used vehicle dealers; exempting
donations of vehicles to individuals by a licensed limited used vehicle dealer
from motor vehicle sales tax; amending Minnesota Statutes 2002, sections
168.27, subdivision 4a; 297B.01, subdivision 7.
Reported the same back with the following amendments:
Page 1, line 17, strike "retail"
Page 1, line 18, strike "customers" and insert "individuals,
or who sells and reassigns vehicles to a licensed motor vehicle dealer"
Page 1, line 23, after "sold" insert "or
donated" and strike "a retail customer" and delete "or
licensed" and insert "an individual"
Page 1, line 24, delete "motor vehicle dealer"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Transportation Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources
Finance to which was referred:
H. F. No. 529, A bill for an act relating to game and fish;
authorizing a hunting season for mourning doves; requiring mourning dove
stamps; requiring a report on the impact of the mourning dove season; amending
Minnesota Statutes 2002, sections 97A.045, subdivision 7; 97A.055, subdivision
2; 97A.075, by adding a subdivision; 97A.411, subdivision 2; 97A.475,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 97B;
repealing Minnesota Statutes 2002, section 97B.731, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 26, before "nongame" insert
"game and"
Page 2, delete lines 20 to 22 and insert:
"Subd. 6.
[MOURNING DOVE STAMPS.] (a) 90 percent of $5 from the sale of
each mourning dove stamp must be credited to the nongame wildlife
management account.
(b) The 90 percent of remaining revenue from mourning dove
stamps must be credited to the mourning dove habitat improvement account. Money in the account may be used only for:
(1) the development, restoration, and maintenance of suitable
habitat for mourning doves on public and private land including
establishment of nesting cover and reliable food sources;
(2) acquisitions of, or easements on, mourning dove habitat;
(3) reimbursement of expenditures
to provide mourning dove habitat on public and private land; and
(4) the promotion of mourning dove habitat development and
maintenance, population surveys and monitoring, and research.
(c) Money in the account may not be used for:
(1) costs unless they are directly related to a specific
parcel of land under paragraph (b), clauses (1) to (3), or to specific
promotional or evaluative activities under paragraph (b), clause (4); or
(2) any permanent personnel costs.
(d) Unsold mourning dove stamps in excess of"
Page 2, line 36, strike "$5" and insert "$7.50"
Page 3, line 1, strike "$5" and insert "$7.50"
Page 3, line 3, delete "$5" and insert "$7.50"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 555, A bill for an act relating to state government;
repealing the law requiring the commissioner of administration to provide
duplicating and printing services; authorizing outside contracts for these
services; amending Minnesota Statutes 2002, section 268.186; proposing coding
for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes
2002, section 16B.50.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 564, A bill for an act relating to the open meeting
law; authorizing the commissioner of administration to issue written opinions
regarding compliance with the law; amending Minnesota Statutes 2002, section
13.072, subdivisions 1, 2.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Boudreau from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 606, A bill for an act relating to health; modifying
prior authorization requirements for health care services; establishing
requirements for provider contracting; modifying provisions for payment of
claims; regulating utilization profiling; requiring certain disclosures;
amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75, subdivision
2, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 62M.07, is amended to read:
62M.07 [PRIOR AUTHORIZATION OF SERVICES.]
(a) Utilization review organizations conducting prior
authorization of services must have written standards that meet at a minimum
the following requirements:
(1) written procedures and criteria used to determine whether
care is appropriate, reasonable, or medically necessary;
(2) a system for providing prompt notification of its
determinations to enrollees and providers and for notifying the provider,
enrollee, or enrollee's designee of appeal procedures under clause (4);
(3) compliance with section 62M.05, subdivisions 3a and 3b,
regarding time frames for approving and disapproving prior authorization
requests;
(4) written procedures for appeals of denials of prior
authorization which specify the responsibilities of the enrollee and provider,
and which meet the requirements of sections 62M.06 and 72A.285, regarding
release of summary review findings; and
(5) procedures to ensure confidentiality of patient-specific
information, consistent with applicable law.
(b) No utilization review organization, health plan company, or
claims administrator may conduct or require prior authorization of emergency
confinement or emergency treatment. The enrollee or the enrollee's authorized
representative may be required to notify the health plan company, claims
administrator, or utilization review organization as soon after the beginning
of the emergency confinement or emergency treatment as reasonably possible.
(c) If prior authorization for a health care service is required,
the utilization review organization, health plan company, or claim
administrator must allow providers to submit requests for prior
authorization of such health care services without unreasonable delay by
telephone, facsimile, voice mail, or through an electronic mechanism 24
hours a day, seven days a week.
Sec. 2. [62Q.732]
[CITATION.]
Sections 62Q.732 to 62Q.752 may be cited as the
"Minnesota Health Plan Contracting Act."
Sec.
3. [62Q.733] [DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] For purposes of sections 62Q.732 to 62Q.752,
the following definitions apply.
Subd. 2.
[CONTRACT.] "Contract" means a written agreement between
a health care provider and a health plan company to provide health care
services.
Subd. 3. [HEALTH
CARE PROVIDER OR PROVIDER.] "Health care provider" or
"provider" means a physician, chiropractor, dentist, or other
provider as defined under section 62J.03.
Subd. 4. [HEALTH
PLAN COMPANY.] "Health plan company" means:
(1) a health maintenance organization operating under chapter
62D;
(2) a community integrated service network operating under
chapter 62N;
(3) a preferred provider organization as defined in section
145.61, subdivision 4c; or
(4) an insurance company licensed under chapter 60A, nonprofit
health service corporation operating under chapter 62C, fraternal
benefit society operating under chapter 64B, or any other entity that
establishes, operates, or maintains a health benefit plan or network of
health care providers where the providers have entered into a contract
with the entity to provide health care services.
Subd. 5. [FEE
SCHEDULE.] "Fee schedule" means the total expected
financial compensation paid to a health care provider for providing a
health care service as determined by the contract between the health
plan company and the provider, inclusive of withhold amounts and any
amount for which the patient or other third party may be obligated to
pay under the contract.
Sec. 4. [62Q.734]
[EXEMPTION.]
Sections 62Q.735 to 62Q.739, 62Q.74, and 62Q.752 do not apply
to health plan companies whose annual Minnesota health premium revenues
are less than three percent of the total annual Minnesota health premium
revenues, as measured by the assessment base of the Minnesota
comprehensive health association. For
purposes of this percentage calculation, a health plan company's premiums
include the Minnesota health premium revenues of its affiliates.
Sec. 5. [62Q.735]
[PROVIDER CONTRACTING PROCEDURES.]
Subdivision 1.
[CONTRACT DISCLOSURE.] (a) Before requiring a health care
provider to sign a contract, a health plan company shall give to the
provider a complete copy of the proposed contract, including:
(1) all attachments and exhibits;
(2) operating manuals;
(3) a description of the health plan company's health service
coding standards and requirements for procedures and diagnoses with
modifiers, multiple procedures, and correct coding edits; and
(4) all guidelines and treatment parameters incorporated or
referenced in the contract.
(b)
The health plan company shall make available to the provider a method or
process that allows the provider to determine the total expected payment
amounts for each health care service to be provided under the contract.
Subd. 2.
[PROPOSED AMENDMENTS.] (a) Any amendment or change in the
terms of an existing contract between a health plan company and a
provider must be disclosed to the provider at least 90 days prior to the
effective date of the proposed change, with the exception of amendments
required of the health plan company by law or governmental regulatory
authority, when notice shall be given to the provider when the
requirement is made known to the health plan company.
(b) Any amendment or change in the contract that alters the
financial reimbursement or alters the written contractual policies
and procedures governing the relationship between the provider and the
health plan company must be disclosed to the provider not less than 90
days before the effective date of the proposed change and the provider
must have the opportunity to terminate the contract before the amendment
or change is deemed to be in effect.
(c) By mutual consent, evidenced in writing in amendments
separate from the base contract and not contingent on participation,
the parties may waive the disclosure requirements under paragraphs (a)
and (b).
Sec. 6. [62Q.736]
[PAYMENT RATES.]
A contract between a health plan company and a provider shall
comply with section 62A.64.
Sec. 7. [62Q.737]
[SERVICE CODE CHANGES.]
(a) For purposes of this section, "service code"
means current procedural terminology (CPT), current dental terminology
(CDT), ICD-CM, diagnosis-related groups (DRGs), or other coding system.
(b) A health plan company shall not change a service code
properly submitted by a health care provider. The health plan company shall determine the manner in
which it adjudicates claims and may limit the service codes it pays for
based upon factors recognized by a service code.
(c) Notwithstanding paragraph (b), a health plan company
may correct an error in a submitted claim that prevents the claim
from being processed, provided that the health plan company:
(1) notifies the provider of the proposed change and reason
for the proposed change;
(2) offers the provider the opportunity to submit additional
documentation and material to support the submitted code; and
(3) offers the provider the opportunity to appeal any changes.
Sec. 8. [62Q.739]
[UNILATERAL TERMS PROHIBITED.]
(a) A contract between a health plan company and a health
care provider shall not contain or require unilateral terms regarding
indemnification or arbitration.
Notwithstanding any prohibitions in this section, a contract
between a health plan company and a health care provider may be
unilaterally terminated by either party in accordance with the terms of
the contract.
(b) A health plan company may not terminate or fail to renew
a health care provider's contract without cause unless the company has
given the provider a written notice of the termination or nonrenewal 120
days before the effective date.
Sec.
9. Minnesota Statutes 2002, section
62Q.74, is amended to read:
62Q.74 [NETWORK SHADOW CONTRACTING.]
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section, the terms
defined in this subdivision have the meanings given.
(b) "category of coverage" means one of the
following types of health-related coverage:
(1) health;
(2) no-fault automobile medical benefits; or
(3) workers' compensation medical benefits.
(c) "Health care provider" or "provider"
means an individual licensed, registered, or regulated by the board of medical
practice under chapter 147, a chiropractor licensed under sections 148.01 to
148.106, a dentist licensed under chapter 150A, or a hospital licensed under
chapter 144.
(d) "Network organization" means a preferred
provider organization as defined in section 145.61, subdivision 4c; a managed
care organization as defined in section 62Q.01, subdivision 5; or other entity
that uses or consists of a network of health care providers.
Subd. 2. [PROVIDER
CONSENT REQUIRED.] (a) No network organization health plan company
shall require a health care provider to participate in a network under a
category of coverage that differs from the category or categories of coverage
to which the existing contract between the network organization health
plan company and the provider applies, without the affirmative consent of
the provider obtained under subdivision 3.
(b) This section does not apply to situations in which the
network organization wishes No health plan company shall require,
as a condition of participation in any health plan, product, or other
arrangement, the provider to participate in a new or different health
plan, product, or other arrangement within a category of coverage that is
already provided for in an existing contract between the network organization
and the provider results in a different underlying financial reimbursement
methodology without the affirmative consent of the provider obtained
under subdivision 3. This paragraph
does not apply to participation in health plan products or other arrangements
that provide health care services to government programs, including
state public programs, Medicare, and Medicare-related coverage.
(c) Compliance with this section may not be waived in a
contract or otherwise.
Subd. 3. [CONSENT
PROCEDURE.] (a) The network organization health plan company, if
it wishes to apply an existing contract with a provider to a different category
of coverage or health plan, product, or other arrangement within a
category of coverage that results in a different underlying financial
reimbursement methodology, shall first notify the provider in
writing. The written notice must
include at least the following:
(1) the network organization's health plan company's
name, address, and telephone number, and the name of the specific network, if
it differs from that of the network organization;
(2) a description of the proposed new category of coverage or
health plan, product, or other arrangement within a category of coverage;
(3)
the names of all payers expected by the network organization health
plan company to use the network for the new category of coverage or
health plan, product, or other arrangement within a category of coverage;
(4) the approximate number of current enrollees of the network
organization health plan company in that category of coverage or
health plan, product, or other arrangement within a category of coverage
within the provider's geographical area;
(5) a disclosure of all contract terms of the proposed new
category of coverage or health plan, product, or other arrangement
within a category of coverage, including the discount or reduced fees, care
guidelines, utilization review criteria, prior notification process, prior
authorization process, and dispute resolution process;
(6) a form for the provider's convenience in accepting or
declining participation in the proposed new category of coverage or health
plan, product, or other arrangement within a category of coverage,
provided that the provider need not use that form in responding; and
(7) a statement informing the provider of the provisions of
paragraph (b).
(b) Unless the provider has affirmatively agreed to participate
within 60 days after the postmark date of the notice, the provider is deemed to
have not accepted the proposed new category of coverage or health plan,
product, or other arrangement within a category of coverage.
Subd. 4. [CONTRACT
TERMINATION RESTRICTED.] A network organization health plan company
must not terminate an existing contract with a provider, or fail to honor the
contract in good faith, based solely on the provider's decision not to accept a
proposed new category of coverage or health plan, product, or other
arrangement within a category of coverage.
The most recent agreed-upon contractual obligations remain in force
until the existing contract's renewal or termination date.
Subd. 5. [REMEDY.] If a
network organization health plan company violates this
section by reimbursing a provider as if the provider had agreed under this
section to participate in the network under a category of coverage or health
plan, product, or other arrangement within a category of coverage that
results in a different underlying financial reimbursement methodology
to which the provider has not agreed, the provider has a cause of action
against the network organization health plan company to recover
two times the difference between the reasonable charges for claims affected by
the violation and the amounts actually paid to the provider. The provider is also entitled to recover
costs, disbursements, and reasonable attorney fees.
Sec. 10. Minnesota
Statutes 2002, section 62Q.75, subdivision 2, is amended to read:
Subd. 2. [CLAIMS
PAYMENTS.] (a) This section applies to clean claims submitted to a health plan
company or third-party administrator for services provided by any:
(1) health care provider, except a provider licensed under
chapter 151;
(2) home health care provider, as defined in section 144A.43,
subdivision 4; or
(3) health care facility.
All health plan companies
and third-party administrators must pay or deny claims that are clean claims
within 30 calendar days after the date upon which the health plan company or
third-party administrator received the claim.
(b)
If a health plan company or third-party administrator determines that
a claim is not clean, the health plan company or third-party
administrator must make available to and notify the health care provider
of the reasons for this determination within 30 calendar days after the
date upon which the health plan company or third-party administrator
received the claim. Where
evidence of suspected fraud is present, the requirement to disclose the
reasons for the determination that a claim is not clean need not be
specific.
(c) If a health plan company or third-party
administrator does not pay or deny a clean claim within the period provided in
paragraph (a), the health plan company or third-party administrator must pay interest
on the claim for the period beginning on the day after the required payment
date specified in paragraph (a) and ending on the date on which the health plan
company or third-party administrator makes the payment or denies the claim. In any payment, the health plan company or
third-party administrator must itemize any interest payment being made
separately from other payments being made for services provided. The health plan company or third-party
administrator may, at its discretion, require the health care provider to bill
the health plan company or third-party administrator for the interest required
under this section before any interest payment is made. Interest
payments must be made to the health care provider no less frequently
than quarterly.
(c) (d) The rate of interest paid by a health
plan company or third-party administrator under this subdivision shall be 1.5
percent per month or any part of a month.
(d) (e) A health plan company or third-party
administrator is not required to make an interest payment on a claim for which
payment has been delayed for purposes of reviewing potentially fraudulent or
abusive billing practices.
(e) The commissioner may not assess a financial
administrative penalty against a health plan company for violation of this
subdivision.
(f) The commissioner may assess a financial administrative
penalty against a health plan company for violation of this subdivision
when there is a pattern of abuse that demonstrates a lack of good faith
effort and a systematic failure of the health plan company to comply
with this subdivision.
Sec. 11. [62Q.752]
[DISCLOSURE OF PROFILING DATA.]
Subdivision 1.
[DISCLOSURE.] Before releasing provider identifiable profiling
data to consumers or health plan members, health plan companies shall
provide a provider with an opportunity to review the provider's
identifiable data and a summary describing the underlying analysis and
methodology. A provider shall be
given 90 days after receipt of the identifiable data and summary to
comment.
Subd. 2.
[RELEASE OF DATA; APPEAL.] Before a health plan company or
health plan sponsor may release any data covered by this section, the
health plan company or plan sponsor must provide the subject of the data
the opportunity to provide the health plan company or plan sponsor with
information supporting or critical to the methodology procedure or
information utilized in assembling the data to be released. The health plan company or plan
sponsor must consider any information provided by the data subject and
provide a written response to the data subject before releasing the
data. A health plan company or plan
sponsor must provide the subject of the data with a timely appeal
process if the subject of the data, after receiving the health plan company
or plan sponsor's written response, continues to contest the
methodology, procedure, or information utilized by the health plan
company or plan sponsor.
Sec. 12. [REPEALER.]
Minnesota Statutes 2002, section 62Q.745, is repealed.
Sec. 13. [EFFECTIVE
DATE.]
Sections 1 to 12 are effective July 1, 2003."
Delete the title and insert:
"A bill for an act relating to health; modifying prior
authorization requirements for health care services; establishing requirements
for provider contracting; modifying provisions for payment of claims;
regulating disclosure of profiling data; amending Minnesota Statutes 2002,
sections 62M.07; 62Q.74; 62Q.75, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002,
section 62Q.745."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Commerce, Jobs and Economic Development.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 609, A bill for an act relating to the city of
Minneapolis; authorizing the creation of a community planning and economic
development department of the city.
Reported the same back with the following amendments:
Page 3, line 3, after the period, insert "This election
is irrevocable. An employee who
was a member of the Minneapolis employees retirement fund on the date of
the employee's transfer to the city of Minneapolis may continue as a member
of that fund retaining all vested rights, constructive time, and
employee and employer contributions made on the employee's behalf to
that fund."
Page 3, line 5, before "retirement" insert
"elected" and after the period, insert "An employee
electing to become a member of the public employees retirement
association may enroll in the association with vested rights based upon
the employee's current tenure as an employee of the Minneapolis
community development agency, but that tenure does not constitute allowable
service for purposes of determining benefits."
Page 3, after line 10, insert:
"Subd. 4. An
employee electing under subdivision 2 to become a member of the public
employees retirement association may purchase allowable service credit
from the association by paying to the association an amount calculated
under Minnesota Statutes, section 356.55. The service credit that is purchasable is a period or
periods of employment by the Minneapolis community development agency
that would have been eligible service for coverage by the general
employees retirement plan of the public employees retirement association
if the service had been rendered after the effective date of this
act. A person electing to purchase
service credit under this subdivision must provide any documentation of
prior service required by the executive director of the public employees
retirement association.
Notwithstanding any provision of Minnesota Statutes, section
356.55, to the contrary, the prior service credit purchase payment may
be made in whole or in part on an institution-to-institution basis from
a plan qualified under the federal Internal Revenue Code, section
401(a), 401(k), or 414(h), or from an annuity qualified under the
federal Internal Revenue Code, section 403, or from a deferred compensation
plan under the federal Internal Revenue Code, section 457, to the extent
permitted by federal law. In no event
may a prior service credit purchase transfer be paid directly to the
person purchasing the service."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on
Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 619, A bill for an act relating to lawful gambling;
providing for sports board games; amending Minnesota Statutes 2002, sections
297E.06, subdivision 2; 349.12, subdivisions 18, 21, 24, by adding a
subdivision; 349.151, by adding a subdivision; 349.211, by adding a subdivision;
349.2127, subdivision 8.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs 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 13 and 14, delete "county of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington" and
insert "metropolitan area as defined in section 473.121, subdivision 2,"
Page 4, lines 25 and 26, delete "county of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington" and
insert "metropolitan area as defined in section 473.121, subdivision 2,"
Page 5, lines 21 and 22, delete "counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington" and
insert "metropolitan area as defined in section 473.121, subdivision 2,"
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.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 625, A bill for an act relating to sanitary sewer
districts; establishing and providing for the Central Lakes Region Sanitary
District.
Reported the same back with the following amendments:
Pages 1 and 2, delete section 1
Page 2, line 32, delete "5" and insert "4"
Page 3, line 17, after "any" insert "statutory
or home rule charter"
Page 3, line 28, delete "3"
and insert "2"
Page 4, line 2, delete "13" and insert "12"
Page 4, line 17, delete "elected chief executive
officer" and insert "governing body" and delete
"and the"
Page 4, line 18, delete "town board chair of each
township"
Page 4, line 21, delete "elected chief executive
officer or town board chair" and insert "governing body"
Page 4, line 22, delete "respectively" and
delete "or township"
Page 4, line 25, delete "or township"
Page 5, line 23, delete "or town"
Page 5, lines 32 and 36, delete "must" and
insert "may"
Page 7, line 35, delete "18" and insert "17"
Page 11, line 21, delete "9" and insert "8"
Page 12, line 16, delete "9" and insert "8"
Page 14, line 17, delete "13" and insert
"12" and delete "6" and insert "5"
Page 14, line 33, delete "13" and insert
"12"
Page 15, line 34, delete "9" and insert "8"
Page 17, line 27, delete "9" and insert "8"
Page 19, line 22, delete "9" and insert "8"
Page 21, line 12, delete "5" and insert "4"
Page 22, line 14, delete "9" and insert "8"
Page 23, line 7, delete "6" and insert "5"
Page 23, lines 21, 31, and 35, delete "9" and
insert "8"
Page 24, line 35, delete "12" and insert
"11"
Page 26, line 10, delete "10" and insert
"9"
Page 26, line 33, delete "6" and insert "5"
Page 26, line 34, delete "13" and insert
"12"
Page 27, line 5, delete "13"
and insert "12"
Page 27, line 6, delete "10 and 12" and insert
"9 and 11"
Page 28, line 23, delete "public examiner" and
insert "auditor"
Page 29, line 8, delete "constable or other"
Page 29, line 11, delete "village" and insert
"municipal"
Page 34, line 14, delete "10" and insert
"9"
Page 34, line 26, delete "Except as"
Page 34, line 27, delete everything before "all"
Page 34, delete lines 30 to 33
Page 34, line 34, after "ANNEXATION" insert ",
WITHDRAWAL"
Page 34, line 35, before "Any" insert "Subdivision
1. [ANNEXATION.]"
Page 35, line 24, delete "2" and insert "1"
Page 35, line 27, delete "10" and insert
"9"
Page 35, line 33, delete "9" and insert "8"
Page 36, after line 1, insert:
"Subd. 2.
[WITHDRAWALS.] A municipality may withdraw from the district
by resolution of its governing body.
The municipality must notify the board of the district of the
withdrawal by providing a copy of the resolution at least two years
in advance of the proposed withdrawal.
Unless the district and the withdrawing member agree otherwise by
action of their governing bodies, the taxable property of the
withdrawing member is subject to its required property tax levies under
this act for two taxes payable years following the notification of the
withdrawal and the withdrawing member retains any rights, obligations,
and liabilities obtained or incurred during its participation."
Page 36, delete section 24 and insert:
"Sec. 23.
[APPLICATION; EFFECTIVE DATE; LOCAL APPROVAL; OPT IN OR OUT.]
Subdivision 1.
[APPLICATION.] This act applies to the townships of Brandon,
Carlos, LaGrand, Leaf Valley, Miltona, and Moe, all in Douglas county.
Subd. 2.
[EFFECTIVE DATE; LOCAL APPROVAL.] (a) This act is effective
only if at least four of the townships listed in subdivision 1 and their
chief clerical officers pass and file a resolution of approval of the
act and otherwise comply with paragraph (b).
(b)
If the threshold in paragraph (a) is met, this act is effective January
1, 2004, as to as many of the six townships listed in subdivision 1 that
have approved resolutions and whose chief clerical officers have
completed compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3, by that date, unless all six of the townships
listed in subdivision 1 and their chief clerical officers have timely
completed their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3, in which case Minnesota Statutes, section
645.02, applies.
(c) A township listed in subdivision 1 that fails to adopt
a resolution of approval as prescribed in paragraph (a) may opt back
in to the district at a later time by annexation as provided in this
act."
Renumber the sections in sequence
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 642, A bill for an act relating to gambling;
authorizing fantasy sports leagues; amending Minnesota Statutes 2002, section
609.761, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"Section 1.
Minnesota Statutes 2002, section 340A.410, subdivision 5, is amended to read:
Subd. 5. [GAMBLING
PROHIBITED.] (a) Except as otherwise provided in this subdivision, no retail
establishment licensed to sell alcoholic beverages may keep, possess, or
operate, or permit the keeping, possession, or operation on the licensed premises
of dice or any gambling device as defined in section 349.30, or permit gambling
therein.
(b) Gambling equipment may be kept or operated and raffles
conducted on licensed premises and adjoining rooms when the use of the gambling
equipment is authorized by (1) chapter 349, (2) a tribal ordinance in
conformity with the Indian Gaming Regulatory Act, Public Law Number 100-497, or
(3) a tribal-state compact authorized under section 3.9221.
(c) Lottery tickets may be purchased and sold within the licensed
premises as authorized by the director of the lottery under chapter 349A.
(d) Dice may be kept and used on licensed premises and
adjoining rooms as authorized by section 609.761, subdivision 4.
(e) Fantasy sports leagues may be hosted on licensed premises
under section 609.761, subdivision 6."
Page 1, line 10, delete "conducting" and
insert "hosting"
Page 1, line 13, delete everything after "the"
and insert "total amounts paid in by all members;"
Page
1, delete line 14
Page 1, line 16, delete "$50" and insert
"$250"
Page 1, line 19, after "game" insert "and
does not handle any of the league's funds"
Page 1, line 24, delete "1" and insert "2"
Renumber sections in sequence
Amend the title as follows:
Page 1, line 3, delete "section" and insert
"sections 340A.410, subdivision 5;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Harder from the Committee on Agriculture and Rural Development
Finance 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 Environment and Natural Resources
Finance.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 676, A bill for an act relating to mental health;
clarifying that persons who qualify as voluntary patients for treatment of a
mental illness are not subject to civil commitment; amending Minnesota Statutes
2002, section 253B.04, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 253B.04, subdivision 1, is amended to
read:
Subdivision 1.
[VOLUNTARY ADMISSION AND TREATMENT.] (a) Voluntary admission is
preferred over involuntary commitment and treatment. Any person 16 years of age or older may request to be admitted to
a treatment facility as a voluntary patient for observation, evaluation,
diagnosis, care and treatment without making formal written application. Any person under the age of 16 years may be
admitted as a patient with the consent of a parent or legal guardian if it
is determined by independent examination that there is reasonable evidence that
(1) the proposed patient has a mental illness, or is mentally retarded or
chemically dependent; and (2) the proposed patient is suitable for
treatment. The head of the treatment
facility shall not arbitrarily refuse any person seeking admission as a
voluntary patient. In making decisions
regarding admissions, the facility shall use clinical admission criteria
consistent with the current applicable inpatient admission standards
established by the American Psychiatric Association or the American Academy of
Child and Adolescent Psychiatry. These
criteria must be no more restrictive than, and must be consistent with, the
requirements of section 62Q.53. The
facility may not refuse to admit a person voluntarily solely because the person
does not meet the criteria for involuntary holds under section 253B.05 or the
definition of mental illness under section 253B.02, subdivision 13.
(b) In addition to the consent provisions of paragraph (a), a
person who is 16 or 17 years of age who refuses to consent personally to
admission may be admitted as a patient for mental illness or chemical
dependency treatment with the consent of a parent or legal guardian if it is
determined by an independent examination that there is reasonable evidence that
the proposed patient is chemically dependent or has a mental illness and is
suitable for treatment. The person
conducting the examination shall notify the proposed patient and the parent or
legal guardian of this determination.
(c) A person who is voluntarily accepting treatment for a
mental illness is not subject to civil commitment under this chapter
if the person:
(1) has given informed consent or, if lacking capacity, is
a person for whom legally valid substitute consent has been given;
and
(2) is accepting a medically reasonable course of treatment.
Notwithstanding this paragraph, the court may commit the
person if the court finds that, based on the person's recent history,
it is unlikely the person will remain in and cooperate with treatment
absent commitment. This paragraph does
not apply to a person for whom commitment proceedings are initiated pursuant
to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person
found by the court to meet the requirements under section 253B.02,
subdivision 17.
Legally valid substitute consent may be provided by a proxy
under a health care directive, a guardian or conservator with authority
to consent to mental health treatment, or consent to admission under
subdivision 1a or 1b.
Sec. 2. Minnesota
Statutes 2002, section 253B.05, subdivision 3, is amended to read:
Subd. 3. [DURATION OF
HOLD.] (a) Any person held pursuant to this section may be held up to 72 hours,
exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the
person is filed in the district court in the county of the person's residence
or of the county in which the treatment facility is located, the court may
issue a judicial hold order pursuant to section 253B.07, subdivision 2b.
(b) During the 72-hour hold period, a court may not release a
person held under this section unless the court has received a written petition
for release and held a summary hearing regarding the release. The petition must include the name of the
person being held, the basis for and location of the hold, and a statement as
to why the hold is improper. The
petition also must include copies of any written documentation under subdivision
1 or 2 in support of the hold, unless the person holding the petitioner refuses
to supply the documentation. The
hearing must be held as soon as practicable and may be conducted by means of a
telephone conference call or similar method by which the participants are able
to simultaneously hear each other. If
the court decides to release the person, the court shall direct the release and shall
issue written findings supporting the decision. The release may not be delayed pending the written order. Before deciding to release the person, the
court shall make every reasonable effort to provide notice of the proposed
release to:
(1) any specific individuals identified in a statement under
subdivision 1 or 2 or individuals identified in the record who might be
endangered if the person was not held;
(2) the examiner whose written statement was a basis for a hold
under subdivision 1; and
(3) the peace or health officer who applied for a hold under
subdivision 2.
(c) If a treatment facility releases a person during the
72-hour hold period, the head of the treatment facility shall immediately
notify the agency which employs the peace or health officer who transported the
person to the treatment facility under this section.
(d) A person held under a 72-hour emergency hold must be
released by the facility within 72 hours unless a court order to hold
the person is obtained. A consecutive
emergency hold order under this section may not be issued."
Delete the title and insert:
"A bill for an act relating to mental health; clarifying
that persons who are voluntary patients for treatment of a mental illness are
not subject to civil commitment; amending Minnesota Statutes 2002, sections
253B.04, subdivision 1; 253B.05, subdivision 3."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Civil Law.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 723, A bill for an act relating to traffic
regulations; exempting certain garbage trucks from seat belt law; amending
Minnesota Statutes 2002, section 169.686, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 19, strike "passenger" and insert "motor"
Page 1, line 23 to page 2, line 10, delete the new language and
reinstate the old language
Amend the title as follows:
Page 1, line 3, delete "garbage trucks" and insert
"motor vehicles"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach
from the Committee on Ways and Means to which was referred:
H. F. No. 729, A bill for an act relating to judicial
standards; appropriating money to the board of judicial standards.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 734, A bill for an act relating to lawful gambling;
providing for linked bingo games; amending Minnesota Statutes 2002, sections
349.12, subdivisions 4, 18, by adding subdivisions; 349.151, subdivision 4;
349.153; 349.155, subdivision 3; 349.163, subdivision 3; 349.166, subdivisions
1, 2; 349.167, subdivision 6; 349.17, subdivisions 3, 6, 7, by adding a
subdivision; 349.18, subdivision 1; 349.19, by adding a subdivision; 349.191,
subdivisions 1, 1a; 349.211, subdivision 1, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 349.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 768, A bill for an act relating to veterans;
classifying military certificates of discharge as private data on individuals;
providing procedures for their release; amending Minnesota Statutes 2002,
sections 13.785, subdivision 2; 196.08; 386.20, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 21, after "382.16," insert "and
except as authorized in paragraph (c)," and after "entity"
delete the comma
Page 2, line 22, delete "as defined in section 13.02,
subdivision 7a,"
Page 2, after line 30, insert:
"(c) Nothing in this section shall prohibit release of
forms DD214 and DD215 or other certificates of discharge from military
service by an employee or official within a government entity to another
employee or official within that government entity for purposes of
performance of official duties."
Page 2, line 31, before "Forms" insert "(d)"
Page 2, line 35, delete "(c)" and insert
"(e)"
Page 3, line 2, delete "(d)" and insert "(f)"
Page 3, after line 13, insert:
"(g) For purposes of this section, the term
"government entity" has the meaning given in section 13.02,
subdivision 7a."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 795, A bill for an act relating to transportation;
requiring the department of transportation and the metropolitan council to
conduct a study of bus rapid transit on I-35W between Minneapolis and
Lakeville; requiring creation of a study advisory committee; specifying membership;
requiring a report of recommendations.
Reported the same back with the following amendments:
Page 1, delete lines 21 to 26 and insert:
"Subd. 2.
[BRT STUDY ADVISORY COMMITTEE.] The commissioner of
transportation shall appoint a joint powers board, that has been in
existence since January 1, 1990, and whose members include all of the
cities included in subdivision 1, as a BRT study advisory committee to
provide advice on the study design, methodology, and
recommendations. The joint powers board
shall include within its working committees persons who are employers
in downtown Minneapolis and along the corridor, current transit riders
in the corridor, representatives of neighborhoods along the corridor,
and representatives of transit providers in the corridor."
Page 2, delete lines 1 to 3
Delete the title and insert:
"A bill for an act relating to transportation; requiring
the department of transportation and the metropolitan council to conduct a
study of bus rapid transit on I-35W between Minneapolis and Lakeville;
requiring appointment of an existing joint powers board as study advisory
committee; requiring a report of recommendations."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Transportation Finance.
The report was adopted.
Holberg from the Committee on Civil Law 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; TEACHERS' LEGITIMATE EDUCATIONAL INTEREST.]
(a) A classroom teacher has a legitimate educational interest
in knowing which students placed in the teacher's classroom have a
history of violent behavior and must be notified before such students
are placed in the teacher's classroom.
(b) Representatives of the school board and the
exclusive representative of the teachers shall discuss issues related to notification
prior to placement the model policy posted on the information
policy analysis Web site for notifying classroom teachers and other
school district employees having a legitimate educational interest in
knowing about students with a history of violent behavior placed in
classrooms of students with histories of violent behavior and any. The representatives of the school board
and the exclusive representative of the teachers also may discuss the
need for intervention services or conflict resolution or training for staff in
these cases related to placing students with a history of violent
behavior in teachers' classrooms.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 2. [POLICY ON
STUDENTS WITH A HISTORY OF VIOLENT BEHAVIOR.]
(a) Representatives of the Minnesota school boards association,
Education Minnesota, and the information policy analysis division in the
Minnesota department of administration, in consultation with two
legislators, one a member of the house of representatives appointed by
the speaker of the house and one a member of the senate appointed by the
subcommittee on committees, shall develop a model policy by August 1,
2003, on notifying classroom teachers and other school district
employees having a legitimate educational interest when a student with a
history of violent behavior is placed in the teacher's classroom. The model policy at least must:
(1) define what constitutes a history of violent behavior,
consistent with Minnesota Statutes, section 121A.45, subdivision 2,
clause (c);
(2) limit reports on violent behavior to a specified number
of school years;
(3) define "legitimate educational interest,"
consistent with Minnesota Statutes, section 121A.64;
(4) indicate the persons at the school or district level
who determine which school district employees have a legitimate educational
interest; and
(5) require school districts that transfer the student records
of a student with a history of violent behavior to another school
district, charter school, or alternative education program to include
all information about the student's history of violent behavior in the
student's educational records it transmits to the enrolling school
district, charter school, or alternative education program, consistent
with this policy.
(b) The information policy analysis division in the Minnesota
department of administration by August 15, 2003, must post on its
division Web site the model policy developed under paragraph (a).
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
With the recommendation that when so amended the bill pass.
The report was adopted.
Davids from the Committee on
Commerce, Jobs and Economic Development to which was referred:
H. F. No. 800, A bill for an act relating to public safety;
regulating permitted fireworks; authorizing certain licensing fees; limiting
local regulation; amending Minnesota Statutes 2002, section 624.20, subdivision
1.
Reported the same back with the following amendments:
Page 2, line 15, delete "$50" and insert
"$......."
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.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 806, A bill for an act relating to civil actions;
providing limits on certain liability of certain nonprofit corporations
providing day training and habilitation services for adults with mental
retardation or daytime developmental achievement center services for children
with mental retardation and related conditions or securing or maintaining homes
for dependent and neglected children; proposing coding for new law in Minnesota
Statutes, chapter 604A.
Reported the same back with the following amendments:
Page 2, line 27, delete "professional"
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 818, A bill for an act relating to parentage;
modifying provisions regarding parentage of a child conceived through
artificial insemination; amending Minnesota Statutes 2002, section 257.56.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 858, A bill for an act relating to human services;
providing an exception to the moratorium on nursing home beds for a facility in
Hubbard county; amending Minnesota Statutes 2002, section 144A.071, subdivision
4a.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Stang from the Committee on Higher
Education Finance to which was referred:
H. F. No. 864, A bill for an act relating to higher education;
making changes to the higher education services office; amending Minnesota
Statutes 2002, sections 136A.03; 136A.031, subdivisions 2, 5; repealing
Minnesota Statutes 2002, sections 15A.081, subdivision 7b; 136A.011; 136A.031,
subdivisions 1, 3, 4; 136A.07.
Reported the same back with the following amendments:
Page 2, line 31, delete "four" and insert
"five"
Page 2, line 32, delete the second "one" and
insert "two"
Page 2, line 33, after the comma, insert "one student
representing four-year universities and one student representing two-year
colleges,"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Governmental Operations and Veterans Affairs
Policy.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 887, A bill for an act relating to health; requiring
certain information related to immunizations to be provided; modifying
record keeping requirements; amending Minnesota Statutes 2002, section 121A.15,
subdivision 3a.
Reported the same back with the following amendments:
Page 2, line 3, delete the new language
Page 2, delete lines 4 to 36
Page 3, delete lines 1 to 8
Page 3, line 22, delete the new language
Page 3, delete lines 23 to 36 and insert:
"(c) The commissioner will continue the educational
campaign to providers and hospitals on vaccine safety, including but
not limited to information on the vaccine adverse events reporting
system (VAERS), the federal vaccine information statements (VIS), and
medical precautions and contraindications to immunizations.
(d) The commissioner will encourage providers to provide
the vaccine information statements at multiple visits and in anticipation
of subsequent immunizations.
(e) The commissioner will encourage providers to use existing
screening for immunization precautions and contraindication materials
and make proper use of the vaccine adverse events reporting system
(VAERS).
(f)
In consultation with groups and people identified in subdivision 12,
paragraph (a), clause (1), the commissioner will continue to develop and
make available patient education materials on immunizations including,
but not limited to, contraindications and precautions regarding
vaccines.
(g) The commissioner will encourage health care providers
to use thimerosal-free vaccines when available."
Page 4, delete lines 1 to 30 and insert:
"Sec. 2. Minnesota
Statutes 2002, section 121A.15, subdivision 12, is amended to read:
Subd. 12.
[MODIFICATIONS TO SCHEDULE.] (a) The commissioner of health may adopt
modifications to the immunization requirements of this section. A proposed modification made under this
subdivision must be part of the current immunization recommendations of
each of the following organizations:
the United States Public Health Service's Advisory Committee on
Immunization Practices, the American Academy of Family Physicians, and the
American Academy of Pediatrics. In
proposing a modification to the immunization schedule, the commissioner must:
(1) consult with (i) the commissioner of children,
families, and learning; the commissioner of human services; the chancellor of
the Minnesota state colleges and universities; and the president of the
University of Minnesota; and (ii) the Minnesota Natural Health
Coalition; Vaccine Awareness Minnesota; Biological Education for Autism
Treatment (BEAT); the Minnesota Academy of Family Physicians; the
American Academy of Pediatrics-Minnesota Chapter; and the Minnesota
Nurses Association; and
(2) consider the following criteria: the epidemiology of the disease, the morbidity and mortality
rates for the disease, the safety and efficacy of the vaccine, the cost of a
vaccination program, the cost of enforcing vaccination requirements, and a
cost-benefit analysis of the vaccination.
(b) Before a proposed modification may be adopted, the
commissioner must notify the chairs of the house and senate committees with
jurisdiction over health policy issues.
If the chairs of the relevant standing committees determine a public
hearing regarding the proposed modifications is in order, the hearing must be
scheduled within 60 days of receiving notice from the commissioner. If a hearing is scheduled, the commissioner
may not adopt any proposed modifications until after the hearing is held.
(c) The commissioner shall comply with the requirements of
chapter 14 regarding the adoption of any proposed modifications to the
immunization schedule.
(d) In addition to the publication requirements of chapter 14,
the commissioner of health must inform all immunization providers of any
adopted modifications to the immunization schedule in a timely manner."
Delete the title and insert:
"A bill for an act relating to health; providing for
education and precautions regarding vaccines; requiring certain consultation
before modifying the schedule of immunizations; amending Minnesota Statutes
2002, section 121A.15, subdivisions 3a, 12."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt
from the Committee on Transportation Policy to which was referred:
H. F. No. 893, A bill for an act relating to traffic
regulations; removing sunset clauses on provisions relating to gross weight of
utility vehicles; amending Laws 2000, chapter 433, section 4.
Reported the same back with the following amendments:
Page 1, line 11, delete the new language and strike
"repealed June 1, 2003"
Page 1, after line 11, insert:
"[EFFECTIVE DATE.]
This section is effective the day following final enactment."
Amend the title as follows:
Page 1, line 4, after "utility" insert "and recycling"
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. 909, A bill for an act relating to evidence;
authorizing admission in evidence of chain of custody documentation; amending
Minnesota Statutes 2002, section 634.15, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 920, A bill for an act relating to corrections;
authorizing Department of Corrections forensic pathologists to issue death
certificates; amending Minnesota Statutes 2002, section 390.23.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 921, A bill for an act relating to corrections;
authorizing collection of treatment co-pays from offenders I; amending
Minnesota Statutes 2002, section 241.272, by adding a subdivision.
Reported the same back with the following amendments:
Page
1, line 11, delete "I"
Amend the title as follows:
Page 1, line 3, delete "I"
With the recommendation that when so amended the bill pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 923, A bill for an act relating to local government;
providing an exception to the conflict of interest law for township officers;
amending Minnesota Statutes 2002, section 471.88, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 10, delete "When" and delete "and
a contractor" and insert "may"
Page 1, line 11, after the comma, insert "even if"
and delete "who"
Page 1, line 12, delete "but who" and insert
", as long as the supervisor" and after "in"
insert "preparing"
Page 1, line 13, delete the comma and insert ". The supervisor"
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 937, A bill for an act relating to child support
enforcement; classifying certain data; requiring additional information;
clarifying and improving certain procedures and support enforcement provisions;
clarifying a funding provision; amending Minnesota Statutes 2002, sections
13.69, subdivision 1; 97A.481; 171.06, subdivision 3; 518.551, subdivisions 5,
12, 13; 518.6111, subdivision 7; 518.68, subdivision 2; 548.091, subdivision
1a; 552.01, subdivisions 2, 3, 5, 7; 552.04, subdivision 15; 552.06,
subdivisions 1, 2, 5, 6; 609.375, subdivision 2b; Laws 1997, chapter 245,
article 2, section 11.
Reported the same back with the following amendments:
Page 2, delete section 2 and insert:
"Sec. 2. [97A.482]
[LICENSE APPLICATIONS; COLLECTION OF SOCIAL SECURITY NUMBERS.]
(a) All applicants for individual noncommercial game and
fish licenses under this chapter and chapters 97B and 97C must include
the applicant's social security number on the license application. If an applicant does not have a social
security number, the applicant must certify that the applicant does not
have a social security number.
(b)
The social security numbers collected by the commissioner on game and
fish license applications are private data under section 13.49,
subdivision 1, and must be provided by the commissioner to the commissioner
of human services for child support enforcement purposes. Title IV-D of the Social Security Act,
United States Code, title 42, section 666(a)(13), requires the
collection of social security numbers on game and fish license
applications for child support enforcement purposes."
Page 4, after line 18, insert:
"Sec. 4. Minnesota
Statutes 2002, section 518.171, subdivision 7, is amended to read:
Subd. 7. [RELEASE OF
INFORMATION.] (a) The employer, union, or insurance agent of either
party shall release to the public authority, upon request, any
information relating to dependent health or dental insurance coverage
available to the party in order to verify availability of dependent
insurance coverage or to establish, modify, or enforce medical support.
(b) When an order for dependent insurance coverage is in
effect, the obligor's employer, union, or insurance agent shall release to the
obligee or the public authority, upon request, information on the dependent
coverage, including the name of the health or dental insurance carrier or
employer. The employer, union, or
health or dental insurance plan shall provide the obligee with insurance
identification cards and all necessary written information to enable the
obligee to utilize the insurance benefits for the covered dependents. Notwithstanding any other law, information
reported pursuant to section 268.044 shall be released to the public agency
responsible for support enforcement that is enforcing an order for health or
dental insurance coverage under this section.
The public agency responsible for support enforcement is authorized
to release to the obligor's health or dental insurance carrier or employer
information necessary to obtain or enforce medical support.
(c) The public agency responsible for child support enforcement
is authorized to release to a party's health or dental insurance carrier
or employer information necessary to verify availability of dependent
insurance coverage or to establish, modify, or enforce medical support."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 7, delete "97A.481;" and after
"3;" insert "518.171, subdivision 7;"
Page 1, line 13, before the period, insert "proposing
coding for new law in Minnesota Statutes, chapter 97A"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health and Human Services Policy.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 968, A bill for an act relating to highways; adding,
modifying, vacating, or transferring state highways; amending Minnesota
Statutes 2002, sections 161.114, subdivision 2; 161.115, by adding a
subdivision; repealing Minnesota Statutes 2002, sections 161.115, subdivisions
197, 204, 233.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Erhardt
from the Committee on Transportation Policy to which was referred:
H. F. No. 981, A bill for an act relating to real property;
acquiring right-of-way from common interest ownership communities; amending
Minnesota Statutes 2002, sections 515B.1-107; 515B.3-102; 515B.3-112.
Reported the same back with the following amendments:
Page 7, after line 8, insert:
"Sec. 4.
[EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final enactment."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 988, A bill for an act relating to transportation;
authorizing commissioner of transportation to replace railroad lands needed for
a trunk highway; amending Minnesota Statutes 2002, section 161.241, subdivision
1.
Reported the same back with the following amendments:
Page 1, line 15, after "lands" insert "including
all reasonable costs directly related to acquiring the replacement lands,"
Page 1, line 19, after the period, insert "The
commissioner and the railroad company shall mutually agree whether the
replacement lands will be provided by the commissioner or acquired by
the railroad company."
With the recommendation that when so amended the bill pass.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 1011, A bill for an act relating to health
occupations; modifying licensure requirements for occupational therapists whose
licenses have lapsed for more than four years; amending Minnesota Statutes 2002,
section 148.6425, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Judiciary
Policy and Finance to which was referred:
H. F. No. 1035, A bill for an act relating to public safety;
modifying provisions relating to DWI breath-testing instruments; amending
Minnesota Statutes 2002, sections 169A.03, subdivision 11; 169A.45, subdivision
4; 169A.51, subdivision 5; 169A.75; 360.0753, subdivision 4; 634.16.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Governmental Operations and
Veterans Affairs Policy.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources
Finance to which was referred:
H. F. No. 1048, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; authorizing sale of state bonds; appropriating money.
Reported the same back with the following amendments:
Page 3, line 49, delete "project" and insert
"projects"
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.
Davids from the Committee on Commerce, Jobs and Economic
Development to which was referred:
H. F. No. 1055, A bill for an act relating to commerce;
requiring registration of certain employees of residential mortgage
originators; amending Minnesota Statutes 2002, section 58.02, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 58.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 58.02, is amended by adding a
subdivision to read:
Subd. 10a.
[INDIVIDUAL RESIDENTIAL MORTGAGE ORIGINATOR.] "Individual
residential mortgage originator" means a natural person who engages
in making or brokering a residential mortgage loan as an employee of a
residential mortgage originator licensed under this chapter.
Sec. 2. [58.18]
[REGISTRATION OF INDIVIDUAL RESIDENTIAL MORTGAGE ORIGINATORS.]
Subdivision 1.
[REGISTRATION REQUIREMENT.] A residential mortgage originator
that employs an individual residential mortgage originator to engage in
making or brokering a residential mortgage loan in this state must
register that individual as required by this section.
Subd. 2. [FORM OF REGISTRATION.] To register an
individual registered mortgage originator, a residential mortgage originator
that employs that individual must list that individual's full name and
business address on a form prescribed by the commissioner. The form must be signed by a person in control
of the residential mortgage originator, under penalty of perjury,
stating that, to the best of that person's knowledge, each individual
residential mortgage originator listed on the form:
(1) is employed as an individual residential mortgage originator
by the residential mortgage originator submitting the registration form;
(2) has completed at least 30 hours of continuing education
under subdivision 3, within the past 24 months, including at least 3.75
hours of instruction each in the areas of:
(i) ethics;
(ii) Minnesota mortgage law; and
(iii) Minnesota or federal laws relating to fair housing or
other consumer protection provisions relating to mortgage lending;
and
(3) has been the subject of a criminal background check obtained
by the licensee from the Minnesota bureau of criminal apprehension
within the 60 days immediately preceding the individual's initial
registration, indicating that the individual has not been convicted of a
felony or has been convicted of a felony, as indicated on the
registration form by specifying the offense, the date of conviction, and
the court.
Subd. 3.
[CONTINUING EDUCATION.] (a) Continuing education used for
purposes of subdivision 2 must be instruction that is relevant and
useful in connection with residential mortgage origination.
(b) An instructor of an approved course is eligible for continuing
education credit for purposes of this section equal to 1.5 hours for
each hour of instruction provided by the instructor.
Subd. 4.
[CRIMINAL BACKGROUND DISQUALIFICATION.] If a registration form
indicates that a prospective individual residential mortgage originator
has been convicted of a felony involving conduct by the prospective
registrant that evidenced fraud, misrepresentation, or theft in a
financial transaction, the registration is invalid.
Subd. 5. [TIMING
OF INITIAL REGISTRATION AND RENEWAL.] (a) A registration form under
this section must be submitted with the residential mortgage originator's
license renewal application for license renewals effective on August 1
of each odd-numbered year.
(b) An applicant for a new residential mortgage originator
license must submit the registration form with the application.
(c) On or before August 1, 2004, a residential mortgage originator
must submit to the commissioner a registration form for a one-year
interim registration under this section, which will be effective from
August 1, 2004, to July 31, 2005. The
continuing education requirement for this interim registration is at
least 15 hours of instruction approved under subdivision 3, including at
least 1.75 hours of instruction in each of the three specific subject
areas required under subdivision 2.
(d) A residential mortgage originator that begins business
after August 1, 2004, must comply with paragraph (c) no later than
the residential mortgage originator's initial licensure under this
chapter.
Subd. 6. [AVAILABILITY TO THE PUBLIC.] (a) A
residential mortgage originator must post its current list of registered
individual residential mortgage originators in each of its offices or
other locations at which it regularly originates residential mortgage
loans in this state.
(b) A copy of the list must also be available upon request
of any person.
(c) The list made available under this subdivision must be
updated as required under subdivision 7.
Subd. 7.
[UPDATING REQUIRED.] (a) A residential mortgage originator
must update its list of registered individual residential mortgage
originators no later than 30 days after:
(1) the residential mortgage originator newly employs an
individual residential mortgage originator;
(2) the employment of an individual residential mortgage
originator by the residential mortgage originator terminates; or
(3) the residential mortgage originator learns of a felony
conviction that disqualifies the individual's eligibility for registration
under subdivision 4.
(b) The residential mortgage originator must submit an updated
registration to the commissioner in connection with the next renewal of
the residential mortgage originator's license.
(c) Upon an updating of a list under paragraph (a), the residential
mortgage originator must provide the updated list as required under
subdivision 6.
Subd. 8. [FEES.]
No fee is charged for registration required under this section.
Subd. 9.
[EXEMPTIONS.] This section applies only to residential
mortgage originators required to be licensed under this chapter.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective August 1, 2004."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Civil Law.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 1058, A bill for an act relating to firearms;
authorizing the use of silencing devices designed to muffle discharges of
firearms for law enforcement tactical emergency response operations;
eliminating an obsolete provision prohibiting manufacture or sale of slungshots
and sand clubs; amending Minnesota Statutes 2002, section 609.66, subdivisions
1, 1a, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Hackbarth from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 1077, A bill for an act relating to natural
resources; modifying provisions for certain off-highway vehicles; modifying
disposition of money in certain accounts; creating a state forest adopt-a-trail
program; providing for the designation of motorized trails in state forests;
exempting certain motorized trail designation from environmental review;
providing for local law enforcement off-highway vehicle grants; providing civil
penalties; appropriating money; amending Minnesota Statutes 2002, sections
84.788, subdivisions 2, 3; 84.794, subdivision 2; 84.803, subdivision 2; 84.90,
subdivision 7; 84.92, subdivision 8; 84.927, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 89.
Reported the same back with the following amendments:
Page 1, after line 16, insert:
"Section 1.
[84.785] [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]
Subdivision 1.
[CREATION; DEFINITION.] (a) For the purposes of this section,
"off-highway vehicle" means:
(1) an off-highway motorcycle as defined under section 84.787,
subdivision 7;
(2) an off-road vehicle as defined under section 84.797,
subdivision 7; or
(3) an all-terrain vehicle as defined under section 84.92,
subdivision 8.
(b) The commissioner of natural resources shall establish
an off-highway vehicle safety and conservation grant program to award
grants to organizations that meet the eligibility requirements under
subdivision 3.
Subd. 2.
[PURPOSE.] The purpose of the off-highway vehicle safety and
conservation grant program is to encourage off-highway vehicle clubs to
assist in safety and environmental education and in improving,
maintaining, and monitoring trails on state forest land and other public
lands.
Subd. 3.
[ELIGIBILITY.] To be eligible for a grant under this section,
an organization must:
(1) be a statewide organization that has been in existence
at least five years and that promotes the operation of off-highway
vehicles in a manner that is safe, responsible, and does not harm the
environment;
(2) promote the operation of off-highway vehicles in a manner
that does not conflict with the laws and rules that relate to the
operation of off-highway vehicles;
(3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
(4) have a board of directors that has 80 percent of its
members who are representatives of all-terrain vehicle clubs, off-highway
motorcycle clubs, or off-road vehicle clubs; and
(5) provide support to off-highway vehicle clubs.
Subd. 4. [USE OF
GRANTS.] An organization receiving a grant under this section shall
use the grant money to promote and provide support to the department of
natural resources by:
(1) encouraging off-highway vehicle clubs to assist in improving,
maintaining, and monitoring trails on state forest land and other public
lands;
(2)
providing assistance to the department in locating, recruiting, and
training instructors;
(3) assisting the commissioner and the director of tourism
in creating an outreach program to inform local communities of appropriate
off-highway vehicle use in their communities and of the economic
benefits that may be gained from promoting tourism to attract
off-highway vehicles;
(4) publishing a manual in cooperation with the commissioner
that will be used to train volunteers in monitoring the operation of
off-highway vehicles for safety, environmental, and other issues that
relate to the responsible operation of off-highway vehicles; and
(5) collecting data on the operation of off-highway vehicles
in the state."
Page 4, delete section 5 and insert:
"Sec. 6. [84.913]
[CLOSURE OF MOTORIZED FOREST ROADS AND TRAILS.]
(a) For the purpose of this section, "off-highway
vehicle" has the meaning given in section 84.785.
(b) All forest roads and trails open to use by off-highway
vehicles on the effective date of this section must remain open to
use by off-highway vehicles, unless after a detailed field analysis the
commissioner determines the trail is inappropriate for off-highway
vehicle use. The commissioner of
natural resources may close a forest road or trail to off-highway vehicle
use only after completing the five-step public review process as
provided in the department of natural resources publication titled: "Off-Highway Vehicle System Planning,
Project Implementation and Review:
(Revised 01/07/03).""
Pages 4 and 5, delete section 8
Page 6, line 17, delete "less than one continuous mile
of" and insert "a"
Page 6, line 19, delete "or"
Page 6, line 21, before the period, insert "; or
(4) any new trail on state forest land designated by the
commissioner"
Page 7, after line 14, insert:
"Subd. 4.
[OFF-HIGHWAY VEHICLE GRANTS.] $....... the first year and
$....... the second year are appropriated to the commissioner of natural
resources from the natural resources fund for grants to off-highway
vehicle organizations according to section 1."
Renumber the sections in sequence
Delete the title and insert:
"A bill for an act relating to natural resources; creating
an off-highway vehicle safety and conservation grant program; modifying
provisions for certain off-highway vehicles; modifying disposition of money in
certain accounts; providing for designation of motorized trails in state
forests; exempting certain motorized trail designations from environmental
review; providing for local law enforcement grants; appropriating money;
amending Minnesota Statutes 2002, sections 84.788, subdivisions 2, 3; 84.794,
subdivision 2; 84.803, subdivision 2; 84.92, subdivision 8; 84.927, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 84."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Davids from the Committee on Commerce, Jobs and Economic
Development to which was referred:
H. F. No. 1083, A bill for an act relating to motor fuels;
updating specifications for petroleum products; amending Minnesota Statutes
2002, sections 41A.09, subdivision 2a; 239.761; 239.792; 296A.01, subdivisions
2, 7, 8, 14, 19, 20, 22, 23, 24, 25, 26, 28, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Sykora from the Committee on Education Policy to which was
referred:
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.
Reported the same back with the following amendments:
Page 3, after line 20, insert:
"Sec. 5. Minnesota
Statutes 2002, section 124D.10, subdivision 16, is amended to read:
Subd. 16.
[TRANSPORTATION.] (a) By July 1 of each year, a charter school must
notify the district in which the school is located and the department of
children, families, and learning if it will provide transportation for pupils
enrolled in the school for the fiscal year.
(b)
If a charter school elects to provide transportation for pupils, the
transportation must be provided by the charter school within the district in
which the charter school is located.
The state must pay transportation aid to the charter school according to
section 124D.11, subdivision 2.
For pupils who reside outside the district in which the charter
school is located, the charter school is not required to provide or pay for
transportation between the pupil's residence and the border of the district in
which the charter school is located. A
parent may be reimbursed by the charter school for costs of transportation from
the pupil's residence to the border of the district in which the charter school
is located if the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's
actual cost of transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter
school must provide the parent or guardian with information regarding the
transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at the school must be
provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in the
same district in which the charter school is located. Transportation may be provided by the district in which the
school is located, according to sections 123B.88, subdivision 6, and 124D.03,
subdivision 8, for a pupil residing in a different district. If the district provides the
transportation, the scheduling of routes, manner and method of
transportation, control and discipline of the pupils, and any other
matter relating to the transportation of pupils under this paragraph
shall be within the sole discretion, control, and management of the
district."
Page 10, after line 33, insert:
"Sec. 6. Minnesota
Statutes 2002, section 124D.454, subdivision 1, is amended to read:
Subdivision 1.
[PURPOSE.] The purpose of this section is to provide a method to fund transition
career and technical education programs for children with a
disability that are components of the learner's transition plan. As used in this section, the term
"children with a disability" shall have the meaning ascribed to it in
section 125A.02.
Sec. 7. Minnesota
Statutes 2002, section 124D.454, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
For the purposes of this section, the definitions in this subdivision apply.
(a) "Base year" for fiscal year 1996 means fiscal
year 1995. Base year for later fiscal years means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in
section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Average daily membership" has the meaning given
it in section 126C.05.
(d) "Program growth factor" means 1.00 for fiscal
year 1998 and later.
(e)
"Aid percentage factor" means 60 percent for fiscal year 1996, 70
percent for fiscal year 1997, 80 percent for fiscal year 1998, 90 percent for
fiscal year 1999, and 100 percent for fiscal year 2000 and later.
(f) "Essential person" means a licensed teacher,
licensed support services staff person, or paraprofessional providing
direct services to students.
Sec. 8. Minnesota
Statutes 2002, section 124D.454, subdivision 3, is amended to read:
Subd. 3. [BASE
REVENUE.] (a) The transition program-disabled transition-disabled
program base revenue equals the sum of the following amounts computed using
base year data:
(1) 68 percent of the salary of each essential licensed person or
approved paraprofessional who provides direct instructional services to
students employed during that fiscal year for services rendered in that
district's transition program for children with a disability;
(2) 47 percent of the costs of necessary equipment for
transition programs for children with a disability;
(3) 47 percent of the costs of necessary travel between
instructional sites by transition program teachers of children with a
disability but not including travel to and from local, regional, district,
state, or national vocational career and technical student
organization meetings;
(4) 47 percent of the costs of necessary supplies for
transition programs for children with a disability but not to exceed an average
of $47 in any one school year for each child with a disability receiving these
services;
(5) for transition programs for children with disabilities
provided by a contract approved by the commissioner with public, private, or
voluntary agencies other than a Minnesota school district or cooperative
center, in place of programs provided by the district, 52 percent of the
difference between the amount of the contract and the basic revenue of the
district for that pupil for the fraction of the school day the pupil receives
services under the contract;
(6) for transition programs for children with disabilities
provided by a contract approved by the commissioner with public, private, or
voluntary agencies other than a Minnesota school district or cooperative
center, that are supplementary to a full educational program provided by the
school district, 52 percent of the amount of the contract; and
(7) for a contract approved by the commissioner with another Minnesota
school district or cooperative center for vocational evaluation services for
children with a disability for children that are not yet enrolled in grade 12,
52 percent of the amount of the contract.
(b) If requested by a school district for transition programs
during the base year for less than the full school year, the commissioner may
adjust the base revenue to reflect the expenditures that would have occurred
during the base year had the program been operated for the full year.
Sec. 9. Minnesota
Statutes 2002, section 124D.454, is amended by adding a subdivision to read:
Subd. 12.
[COMPLIANCE WITH RULES.] (a) Aid must be paid under this
section only for services rendered or for costs incurred in career and
technical education programs approved by the commissioner and operated
in accordance with rules promulgated by the commissioner. This aid shall be paid only for
services rendered and for costs incurred by essential, licensed
personnel who meet the requirements for licensure pursuant to the rules
of the Minnesota board of teaching or paraprofessionals approved by the
division of lifework development in the department of children,
families, and learning.
(b)
Notwithstanding section 127A.42, the commissioner may modify or withdraw
the program or aid approval and withhold aid under this section without
proceeding under section 127A.42 at any time. To do so, the commissioner must determine that the program
does not comply with the rules of the department of children, families,
and learning or that any facts concerning the program or its budget
differ from the facts in the district's approved application.
(c) For the purposes of paragraph (a), "licensed
personnel" means persons holding a valid career and technical
license issued by the commissioner.
If an average of five or fewer secondary full-time equivalent
students are enrolled per teacher in an approved postsecondary program
at intermediate district No. 287, 916, or 917, licensed personnel means
persons holding a valid vocational license issued by the commissioner or
the board of trustees of the Minnesota state colleges and universities."
Pages 22 to 49, delete articles 4 and 5 and insert:
"ARTICLE
4
FAMILY
AND EARLY CHILDHOOD EDUCATION
Section 1. Minnesota
Statutes 2002, section 119A.52, is amended to read:
119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM COORDINATION.]
Subdivision 1.
[DISTRIBUTION OF APPROPRIATION; WORK PLAN.] (a) The commissioner of
children, families, and learning must distribute money appropriated for that
purpose to Head Start program grantees to expand services and to serve
additional low-income children. Money
must be allocated to each project Head Start grantee in existence on the
effective date of Laws 1989, chapter 282.
Migrant and Indian reservation grantees must be initially allocated
money based on the grantees' share of federal funds. The remaining money must be initially allocated to the remaining
local agencies based equally on the agencies' share of federal funds and on the
proportion of eligible children in the agencies' service area who are not
currently being served. A Head Start
grantee must be funded at a per child rate equal to its contracted, federally
funded base level for program accounts 20, 22, and 25 at the start of the
fiscal year. In allocating funds under
this paragraph, the commissioner of children, families, and learning must
assure that each Head Start grantee is allocated no less funding in any fiscal
year than was allocated to that grantee in fiscal year 1993. The commissioner may provide additional
funding to grantees for start-up costs incurred by grantees due to the
increased number of children to be served.
Before paying money to the grantees, the commissioner must notify each
grantee of its initial allocation, how the money must be used, and the number
of low-income children that must be served with the allocation. Each grantee must notify present a
work plan to the commissioner of for approval. The work plan must include the estimated
number of low-income children and families it will be able to serve,
a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families,
a program design that ensures fair and equitable access to Head Start
services for all populations and parts of the service area, and a plan
for coordinating services to maximize assistance for child care costs
available to families under chapter 119B. For any grantee that cannot utilize its full allocation, the
commissioner must reduce the allocation proportionately. Money available after the initial
allocations are reduced must be redistributed to eligible grantees.
(b) Up to 11 percent of the funds appropriated annually may be
used to provide grants to local Head Start agencies to provide funds for
innovative programs designed either to target Head Start resources to
particular at-risk groups of children or to provide services in addition to
those currently allowable under federal Head Start regulations. The commissioner must award funds for
innovative programs under this paragraph on a competitive basis.
Subd. 2. [PROGRAM COORDINATION.] Each Head Start
grantee must submit a plan, as part of the work plan requirement in subdivision
1, to coordinate and maximize use of existing public and private
community resources, including school districts, health care facilities,
government agencies, neighborhood organizations, and other resources
knowledgeable in early childhood development, to coordinate Head Start
programming with existing community-based programs and service
providers, to foster collaboration among agencies and other
community-based programs that provide flexible, family-focused services
to families with young children, and to facilitate the transition to
kindergarten. These existing programs
and providers include child care programs, child care resource and
referral programs, early childhood family education, school readiness,
local interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education
services and programs as specified in the Head Start performance
standards to the extent possible. The
plan must describe a method by which to share information, responsibility,
and accountability among service and program providers.
Sec. 2. Minnesota
Statutes 2002, section 121A.21, is amended to read:
121A.21 [SCHOOL HEALTH SERVICES.]
(a) Every school board must provide services to promote the
health of its pupils.
(b) The board of a district with 1,000 pupils or more in
average daily membership in early childhood family education, preschool
handicapped, elementary, and secondary programs must comply with the
requirements of this paragraph. It may
use one or a combination of the following methods:
(1) employ personnel, including at least one full-time
equivalent licensed school nurse or continue to employ a registered nurse
not yet certified as a public health nurse as defined in section 145A.02,
subdivision 18, who is enrolled in a program that would lead to certification
within four years of August 1, 1988;
(2) contract with a public or private health organization or
another public agency for personnel during the regular school year, determined
appropriate by the board, who are currently licensed under chapter 148 and who
are certified public health nurses; or
(3) enter into another arrangement approved by the
commissioner.
Sec. 3. Minnesota
Statutes 2002, section 121A.23, subdivision 1, is amended to read:
Subdivision 1.
[SEXUALLY TRANSMITTED INFECTIONS AND DISEASES PROGRAM.] The commissioner
of children, families, and learning, in consultation with the commissioner of
health, shall assist districts in developing and implementing a program to
prevent and reduce the risk of sexually transmitted infections and diseases,
including but not exclusive to human immune deficiency virus and human
papilloma virus. Each district must
have a program that includes at least:
(1) planning materials, guidelines, and other technically
accurate and updated information;
(2) a comprehensive, technically accurate, and updated
curriculum that includes helping students to abstain from sexual activity until
marriage;
(3) cooperation and coordination among districts and SCs;
(4) a targeting of adolescents,
especially those who may be at high risk of contracting sexually transmitted
infections and diseases, for prevention efforts;
(5) involvement of parents and other community members;
(6) in-service training for appropriate district staff and
school board members;
(7) collaboration with state agencies and organizations having
a sexually transmitted infection and disease prevention or sexually transmitted
infection and disease risk reduction program;
(8) collaboration with local community health services,
agencies and organizations having a sexually transmitted infection and disease
prevention or sexually transmitted infection and disease risk reduction
program; and
(9) participation by state and local student organizations.
The department may provide assistance at a neutral site to a
nonpublic school participating in a district's program. District programs must
not conflict with the health and wellness curriculum developed under Laws 1987,
chapter 398, article 5, section 2, subdivision 7.
If a district fails to develop and implement a program to
prevent and reduce the risk of sexually transmitted infection and disease, the
department must assist the service cooperative in the region serving that
district to develop or implement the program.
Sec. 4. Minnesota
Statutes 2002, section 124D.13, subdivision 4, is amended to read:
Subd. 4. [HOME VISITING
PROGRAM.] (a) The commissioner A district that levies for home
visiting under section 124D.135, subdivision 6, shall use this
revenue to include as part of the early childhood family education programs
a parent education component to prevent child abuse and neglect. This parent education component must
include:
(1) expanding statewide the home visiting component of the
early childhood family education programs;
(2) training parent educators, child educators, community
outreach workers, and home visitors in the dynamics of child abuse and neglect
and positive parenting and discipline practices; and
(3) developing and disseminating education and public
information materials that promote positive parenting skills and prevent child
abuse and neglect.
(b) The parent education component must:
(1) offer to isolated or at-risk families home visiting parent
education services that at least address parenting skills, a child's
development and stages of growth, communication skills, managing stress,
problem-solving skills, positive child discipline practices, methods of
improving parent-child interactions and enhancing self-esteem, using community
support services and other resources, and encouraging parents to have fun with
and enjoy their children;
(2) develop a that is designed to reach isolated or
at-risk families.
The home visiting program must use:
(1) an established risk assessment tool to determine the
family's level of risk;
(3) (2) establish clear
objectives and protocols for home visits;
(4) determine the frequency and duration of home visits
based on a risk-need assessment of the client, with home visits beginning in
the second trimester of pregnancy and continuing, based on client need, until a
child is six years old;
(5) (3) encourage families to make a transition
from home visits to site-based parenting programs to build a family support
network and reduce the effects of isolation;
(6) develop and distribute education materials on preventing
child abuse and neglect that may be used in home visiting programs and parent
education classes and distributed to the public;
(7) initially provide at least 40 hours of training and
thereafter ongoing training for parent educators, child educators, community
outreach workers, and home visitors that covers the dynamics of child abuse and
neglect, domestic violence and victimization within family systems, signs of
abuse or other indications that a child may be at risk of being abused or
neglected, what child abuse and neglect are, how to properly report cases of
child abuse and neglect, respect for cultural preferences in child rearing, what
community resources, social service agencies, and family support activities and
programs are available, child development and growth, parenting skills,
positive child discipline practices, identifying stress factors and techniques
for reducing stress, home visiting techniques, and risk assessment measures;
(8) (4) provide program services that are
community-based, accessible, and culturally relevant; and
(9) (5) foster collaboration among existing
agencies and community-based organizations that serve young children and their
families.
(c) Home visitors should reflect the demographic
composition of the community the home visitor is serving to the extent
possible.
Sec. 5. Minnesota
Statutes 2002, section 124D.13, subdivision 8, is amended to read:
Subd. 8.
[COORDINATION.] (a) A district is encouraged to coordinate the
program with its special education and vocational education programs and with
related services provided by other governmental agencies and nonprofit
agencies. must describe strategies to coordinate and maximize
public and private community resources, including school districts,
health care facilities, government agencies, neighborhood organizations,
and other resources knowledgeable in early childhood development, to
coordinate early childhood family education with existing community-based
programs and service providers to foster collaboration among agencies
and other community-based programs that provide flexible, family-focused
services to families with young children, and to facilitate the
transition to kindergarten.
These existing programs and providers include: child care
programs, child care resource and referral programs, school readiness,
Head Start, local interagency early intervention committees, early
childhood special education, early childhood screening, and education
services and programs to the extent possible. The district must describe a method to share information,
responsibility, and accountability among service and program providers.
(b) A district is encouraged to coordinate adult basic
education programs provided to parents and early childhood family education
programs provided to children to accomplish the goals of section 124D.895.
Sec. 6. Minnesota
Statutes 2002, section 124D.15, subdivision 7, is amended to read:
Subd. 7. [ADVISORY
COUNCIL.] Each school readiness program must have an advisory council composed
of members of existing early education-related boards, parents of participating
children, child care providers, culturally specific service organizations,
local resource and referral agencies, local early intervention
committees, and representatives of early childhood service providers. The council must advise the board in
creating and administering
the program and must monitor the progress of the program. The council must ensure that children at
greatest risk receive appropriate services.
If the board is unable to appoint to the advisory council members of existing
early education-related boards, it must appoint parents of children enrolled in
the program who represent the racial, cultural, and economic diversity of the
district and representatives of early childhood service providers as
representatives to an existing advisory council.
Sec. 7. Minnesota
Statutes 2002, section 124D.16, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
REVIEW AND APPROVAL.] A school district shall biennially by May 1 submit to the
commissioners of children, families, and learning and health the program plan
required under this subdivision. As
determined by the commissioners, one-half of the districts shall first submit
the plan by May 1 of the 2000-2001 school year and one-half of the districts
shall first submit the plan by May 1 of the 2001-2002 school year. The program plan must include:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used strategies
to coordinate and maximize public and private community resources
to maximize use of existing community resources, including school
districts, health care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early childhood development,
to coordinate school readiness with existing community-based programs
and service providers to foster collaboration among agencies and other
community-based programs that provide flexible, family-focused services
to families with young children, and to facilitate the transition to kindergarten.
These existing programs and providers include child care programs,
child care resource and referral programs, early childhood family
education, Head Start, local interagency early intervention committees,
special education services, early childhood screening, and other
education services and programs to the extent possible. The district must describe a method to share
information, responsibility, and accountability among service and
program providers;
(4) comments about the district's proposed program by the
advisory council required by section 124D.15, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program, and
make recommendations to the commissioner of children, families, and learning,
within 30 90 days of receiving the plan.
Sec. 8. Minnesota
Statutes 2002, section 125A.023, subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.]
For purposes of this section and section 125A.027, the following terms have the
meanings given them:
(a) "Health plan" means:
(1) a health plan under section 62Q.01, subdivision 3;
(2) a county-based purchasing plan under section 256B.692;
(3) a self-insured health plan established by a local
government under section 471.617; or
(4) self-insured health coverage provided by the state to its
employees or retirees.
(b) For purposes of this section,
"health plan company" means an entity that issues a health plan as
defined in paragraph (a).
(c) "Individual interagency intervention plan" means
a standardized written plan describing those programs or services and the
accompanying funding sources available to eligible children with disabilities.
(d) "Interagency intervention service system" means a
system that coordinates services and programs required in state and federal law
to meet the needs of eligible children with disabilities ages three to 21,
including:
(1) services provided under the following programs or
initiatives administered by state or local agencies:
(i) the maternal and child health program under title V of the
Social Security Act, United States Code, title 42, sections 701 to 709;
(ii) the Individuals with Disabilities Education Act under
United States Code, title 20, chapter 33, subchapter II, sections 1411 to 1420;
(iii) medical assistance under the Social Security Act, United
States Code, title 42, chapter 7, subchapter XIX, section 1396, et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, chapter 75, subchapter II, sections
6021 to 6030, Part B;
(v) the Head Start Act, United States Code, title 42, chapter
105, subchapter II, sections 9831 to 9852;
(vi) rehabilitation services provided under chapter 268A;
(vii) Juvenile Court Act services provided under sections
260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 260C.451;
(viii) the children's mental health collaboratives under
section 245.493;
(ix) the family service collaboratives under section 124D.23;
(x) the family community support plan under section 245.4881,
subdivision 4;
(xi) the MinnesotaCare program under chapter 256L;
(xii) the community health services grants under chapter 145;
(xiii) the Community Social Services Act funding under the
Social Security Act, United States Code, title 42, sections 1397 to 1397f; and
(xiv) the community transition interagency committees under
section 125A.22;
(xv) the child care assistance program under chapter 119B;
and
(xvi) services offered through the child care resource and
referral programs under chapter 119B;
(2)
services provided under a health plan in conformity with an individual family
service plan or an individual education plan; and
(3) additional appropriate services that local agencies and
counties provide on an individual need basis upon determining eligibility
and receiving a request from the interagency early intervention committee and
the child's parent.
(e) "Children with disabilities" has the meaning
given in section 125A.02.
(f) A "standardized written plan" means those
individual services or programs available through the interagency intervention
service system to an eligible child other than the services or programs
described in the child's individual education plan or the child's individual
family service plan.
Sec. 9. Minnesota
Statutes 2002, section 125A.28, is amended to read:
125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.]
An interagency coordinating council of at least 17, but not
more than 25 members is established, in compliance with Public Law Number
102-119, section 682. The members must
be appointed by the governor. Council
members must elect the council chair. The representative of the commissioner
may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of
children with disabilities under age 12, including at least three parents of a
child with a disability under age seven, five representatives of public or
private providers of services for children with disabilities under age five,
including a special education director, county social service director, local
Head Start director, and a community health services or public health nursing
administrator, one member of the senate, one member of the house of
representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood
intervention, at least one representative of advocacy organizations for children
with disabilities under age five, one physician who cares for young children
with special health care needs, one representative each from the commissioners
of commerce, children, families, and learning, health, human services, a
representative from the state agency responsible for child care, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions 2 to 5, apply
to the council. The council must meet
at least quarterly.
The council must address methods of implementing the state
policy of developing and implementing comprehensive, coordinated,
multidisciplinary interagency programs of early intervention services for
children with disabilities and their families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and local agency
services for children under age five with disabilities and their families. The policies must address how to incorporate
each agency's services into a unified state and local system of
multidisciplinary assessment practices, individual intervention plans,
comprehensive systems to find children in need of services, methods to improve
public awareness, and assistance in determining the role of interagency early
intervention committees.
By September 1, the council must recommend to the governor and
the commissioners of children, families, and learning, health, human
services, commerce, and economic security policies for a comprehensive and
coordinated system.
Notwithstanding any other law to the contrary, the state
interagency coordinating council expires on June 30, 2003 2005.
Sec.
10. Minnesota Statutes 2002, section
125A.30, is amended to read:
125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.]
(a) A school district, group of districts, or special education
cooperative, in cooperation with the health and human service agencies located
in the county or counties in which the district or cooperative is located, must
establish an interagency early intervention committee for children with
disabilities under age five and their families under this section, and for
children with disabilities ages three to 22 consistent with the requirements
under sections 125A.023 and 125A.027.
Committees must include representatives of local and regional
health, education, and county human service agencies, county boards, school
boards, early childhood family education programs, Head Start, parents
of young children with disabilities under age 12, child care resource and
referral agencies, school readiness programs, current service
providers, and may also include representatives from other private or
public agencies and school nurses.
The committee must elect a chair from among its members and must meet at
least quarterly.
(b) The committee must develop and implement interagency
policies and procedures concerning the following ongoing duties:
(1) develop public awareness systems designed to inform
potential recipient families of available programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young children with, or at
risk of, disabilities and their families;
(3) establish and evaluate the identification, referral, child
and family assessment systems, procedural safeguard process, and community
learning systems to recommend, where necessary, alterations and improvements;
(4) assure the development of individualized family service
plans for all eligible infants and toddlers with disabilities from birth
through age two, and their families, and individual education plans and
individual service plans when necessary to appropriately serve children with
disabilities, age three and older, and their families and recommend assignment
of financial responsibilities to the appropriate agencies;
(5) encourage agencies to develop individual family service
plans for children with disabilities, age three and older;
(6) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized programs;
(7) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide services;
(8) identify the current services and funding being provided
within the community for children with disabilities under age five and their
families;
(9) develop a plan for the allocation and expenditure of
additional state and federal early intervention funds under United States Code,
title 20, section 1471 et seq. (Part H,
Public Law Number 102-119) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law Number 89-313); and
(10) develop a policy that is consistent with section 13.05,
subdivision 9, and federal law to enable a member of an interagency early intervention
committee to allow another member access to data classified as not public.
(c)
The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and education agencies for
young children with disabilities and their families; and
(2) review and comment on the early intervention section of the
total special education system for the district, the county social service
plan, the section or sections of the community health services plan that
address needs of and service activities targeted to children with special
health care needs, the section on children with special needs in the county
child care fund plan, sections in Head Start plans on coordinated
planning and services for children with special needs, any relevant
portions of early childhood education plans, such as early childhood
family education or school readiness, or other applicable coordinated
school and community plans for early childhood programs and services,
and the section of the maternal and child health special project grants that
address needs of and service activities targeted to children with chronic
illness and disabilities.
Sec. 11. [REPEALER.]
Minnesota Statutes 2002, sections 119A.08; 125A.47; and 144.401,
subdivision 5, are repealed."
Renumber the sections in sequence
Delete the title and insert:
"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; 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, 16; 124D.118, subdivision 3; 124D.13,
subdivisions 4, 8; 124D.15, subdivision 7; 124D.16, subdivision 1; 124D.454,
subdivisions 1, 2, 3, by adding a subdivision; 124D.52, subdivision 3;
125A.023, subdivision 3; 125A.03; 125A.08; 125A.28; 125A.30; 126C.05,
subdivision 16; 126C.17, subdivision 11; 475.61, subdivisions 1, 3; 611A.78,
subdivision 1; 626.556, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2002, sections
15.014, subdivision 3; 119A.08; 124D.118, subdivision 2; 124D.93; 125A.47;
144.401, subdivision 5; 239.004."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
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.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Boudreau
from the Committee on Health and Human Services Policy to which was referred:
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.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
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.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Governmental Operations and
Veterans Affairs Policy.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 264, 555, 642, 723, 729, 768, 798, 806, 818, 887,
893, 909, 920, 921, 923, 968, 981, 988, 1011, 1058, 1083 and 1130 were read for
the second time.
SECOND READING OF SENATE BILLS
S. F. No. 578 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Lipman introduced:
H. F. No. 1302, A bill for an act relating to campaign finance;
providing for the campaign finance and public disclosure board to administer
the law on corporate political contributions; expanding permitted activities
under the corporate political contribution law; modifying penalties for
corporate political contributions; eliminating certain criminal
penalties; requiring labor organizations to allow employees to indicate
agreement to use certain fees for certain political purposes; amending
Minnesota Statutes 2002, sections 10A.071, subdivision 3; 10A.16; 10A.17,
subdivision 5; 10A.20, subdivision 6b; 10A.29; 10A.37; 211B.15, subdivisions 1,
6, 7, 11, 12, 16, 17, by adding subdivisions; proposing coding for new law in
Minnesota Statutes, chapter 211B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Knoblach introduced:
H. F. No. 1303, A bill for an act relating to transportation;
requiring establishment of cartway where landowner's access is limited to
navigable waterway; amending Minnesota Statutes 2002, section 164.08,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Penas introduced:
H. F. No. 1304, A bill for an act relating to highways;
authorizing state bonds for local road improvement fund.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Kuisle, Adolphson, Juhnke, Lieder and DeLaForest introduced:
H. F. No. 1305, A bill for an act relating to natural
resources; wetlands; modifying wetland replacement requirements for public
transportation projects; amending Minnesota Statutes 2002, sections 103G.222,
subdivisions 1, 3; 103G.2241, subdivision 9.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Westrom, Cox and Meslow introduced:
H. F. No. 1306, A bill for an act relating to breath alcohol
testing devices; modifying the requirements relating to immunity from liability
for breath alcohol testing devices in liquor establishments; amending Minnesota
Statutes 2002, section 604A.30.
The bill was read for the first time and referred to the
Committee on Civil Law.
Westrom, Seagren, Cox, Sykora, Kielkucki, Urdahl and Borrell
introduced:
H. F. No. 1307, A bill for an act relating to corrections;
authorizing the commissioner of corrections to contract with private agencies
to provide care, custody, and rehabilitation of Minnesota prisoners; requiring
the commissioner of administration to issue requests for proposals relating to
various aspects of privatizing Minnesota's prison system; amending Minnesota
Statutes 2002, sections 241.01, subdivision 3a; 241.32, subdivision 1, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Hornstein and Clark introduced:
H. F. No. 1308, A bill for an act relating to human services;
appropriating funds to the commissioner of human services to place markers at
cemeteries located at regional treatment centers.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Abeler, Nornes, Kielkucki, Otremba and Sykora introduced:
H. F. No. 1309, A bill for an act relating to education;
appropriating money for Minnesota economic opportunity grants.
The bill was read for the first time and referred to the
Committee on Education Finance.
Thissen and Larson introduced:
H. F. No. 1310, A bill for an act relating to education
finance; delaying implementation of the airport runway impact zone aid program;
amending Laws 2000, chapter 489, article 2, section 36, as amended.
The bill was read for the first time and referred to the
Committee on Education Finance.
Erickson introduced:
H. F. No. 1311, A bill for an act relating to education;
providing that school districts need not comply with mandates unless revenue to
comply is identified; proposing coding for new law in Minnesota Statutes,
chapter 123B.
The bill was read for the first time and referred to the
Committee on Education Policy.
Mullery, Thao and Clark introduced:
H. F. No. 1312, A bill for an act relating to corrections;
limiting locations of residence for level III predatory offenders; amending
Minnesota Statutes 2002, section 244.052, subdivision 4a.
The bill was read for the first time and referred to the Committee
on Judiciary Policy and Finance.
Murphy introduced:
H. F. No. 1313, A bill for an act relating to retirement;
Minnesota state colleges and universities system; authorizing early separation
incentive programs; proposing coding for new law in Minnesota Statutes, chapter
354B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Murphy introduced:
H. F. No. 1314, A bill for an act relating to retirement;
individual retirement account plan; including the plan in the
combined service annuity portability provision; amending Minnesota Statutes
2002, section 356.30, subdivision 3.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Murphy introduced:
H. F. No. 1315, A bill for an act relating to retirement; the
Minnesota state colleges and universities system individual retirement account
plan; permitting a revision in prior retirement benefit coverage elections;
amending Minnesota Statutes 2002, section 354B.21, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Abeler, Bradley, Huntley and Opatz introduced:
H. F. No. 1316, A bill for an act relating to human services;
establishing a long-term care family loan program pilot project; authorizing
the sale of revenue bonds; providing a sunset; proposing coding for new law in
Minnesota Statutes, chapter 256B.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Hornstein; Thao; Johnson, S.; Ellison and Clark
introduced:
H. F. No. 1317, A bill for an act relating to state government;
extending the existence of the governor's residence council; amending Minnesota
Statutes 2002, section 16B.27, subdivision 3.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Greiling and Goodwin introduced:
H. F. No. 1318, A bill for an act relating to education
finance; authorizing continuing levy authority for certain community education
activities jointly sponsored by a city and a school district; proposing coding
for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the
Committee on Education Finance.
Smith introduced:
H. F. No. 1319, A bill for an act relating to motor vehicles;
providing for designation and registration of American classic cars; amending
Minnesota Statutes 2002, section 168.10, subdivision 1b.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Smith introduced:
H. F. No. 1320, A bill for an act relating to firearms;
providing that a person who is convicted of a felony-level crime of violence is
prohibited from possessing, receiving, shipping, or transporting a firearm for
the remainder of the person's lifetime; authorizing a court upon a showing of
good cause to restore the person's ability to possess, receive, ship, or
transport firearms; making technical changes to the definition of "crime
of violence"; amending Minnesota Statutes 2002, sections 242.31,
subdivision 2a; 260B.245, subdivision 1; 609.165, subdivisions 1a, 1b, by adding
a subdivision; 609A.03, subdivision 5a; 624.712, subdivision 5; 624.713,
subdivisions 1, 2, 3; 638.02, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Howes introduced:
H. F. No. 1321, A bill for an act relating to trade
regulations; regulating certain trade practices between cigarette manufacturers
and retailers; proposing coding for new law in Minnesota Statutes, chapter
325D.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Rhodes, Hilty, Sviggum and Lipman introduced:
H. F. No. 1322, A bill for an act relating to campaign finance;
clarifying certain terms; requiring assumption of certain obligations; changing
certain expenditure, contribution, and reporting requirements; providing
additional civil penalties; repealing obsolete and duplicative rules; amending
Minnesota Statutes 2002, sections 10A.01, subdivision 18; 10A.08; 10A.20,
subdivision 5; 10A.24, subdivision 2; 10A.25, subdivision 2; 10A.27,
subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 6, 7; 10A.323;
repealing Minnesota Rules, parts 4501.0300, subpart 4; 4501.0600; 4503.0200,
subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9;
4503.0800, subpart 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Seifert and Kohls introduced:
H. F. No. 1323, A bill for an act relating to state government;
state board of investment; regulating investments in corporations doing
business in France; proposing coding for new law in Minnesota Statutes, chapter
11A.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Ruth, Kuisle, Cornish, Brod, Dorn, Finstad and Swenson
introduced:
H. F. No. 1324, A bill for an act relating to highways;
appropriating money and authorizing issuance of state trunk highway bonds for
reconstruction of marked trunk highway 14 between Eagle Lake and Owatonna.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Erickson and Kuisle introduced:
H. F. No. 1325, A bill for an act relating to appropriations;
appropriating money for a high-resolution digital elevation and flood plain
management mapping pilot project.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Latz, Thissen, Smith, Abeler and Holberg introduced:
H. F. No. 1326, A bill for an act relating to civil law;
clarifying that civil actions against the state may be brought in federal court
under certain federal statutes; amending Minnesota Statutes 2002, section 1.05.
The bill was read for the first time and referred to the
Committee on Civil Law.
Wagenius, Larson, Wasiluk, Tingelstad and Clark introduced:
H. F. No. 1327, A bill for an act relating to environment;
capping mercury emissions from electric generation facilities; prohibiting the
pollution control agency from allowing an increase in the amount of mercury
emitted from the generation of electricity in the state; requiring a reduction
in mercury emissions from generation facilities in the future; proposing coding
for new law in Minnesota Statutes, chapter 116.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Wagenius, Peterson, Dill, Otremba and Anderson, I.,
introduced:
H. F. No. 1328, A bill for an act relating to property
taxation; providing a valuation exclusion for new or refurbished individual
sewage treatment systems; amending Minnesota Statutes 2002, section 273.11, by
adding a subdivision.
The bill was read for the first time and referred to the Committee
on Taxes.
Ozment, Hoppe, Haas, Wagenius, Dill and Tingelstad introduced:
H. F. No. 1329, A bill for an act relating to state lottery;
requiring annual reports on maximizing revenues to environmental trust fund;
amending Minnesota Statutes 2002, section 349A.15.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Westerberg and Beard introduced:
H. F. No. 1330, A bill for an act relating to liquor; modifying
a posting requirement; amending Minnesota Statutes 2002, section 340A.318,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Wagenius
and Thissen introduced:
H. F. No. 1331, A bill for an act relating to public safety;
increasing the 911 emergency telephone service fee to cover the cost of the
third phase of the public safety radio communication system; authorizing the
sale of revenue bonds by the metropolitan council; appropriating money;
amending Minnesota Statutes 2002, sections 403.11, subdivision 1; 473.891,
subdivision 10, by adding a subdivision; 473.898, subdivisions 1, 3; 473.901,
subdivision 1; 473.902, subdivisions 1, 3, 5.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Abeler, Samuelson and Huntley introduced:
H. F. No. 1332, A bill for an act relating to professions;
regulating the issuance of social work licenses and the payment of fees;
amending Minnesota Statutes 2002, sections 148B.18, subdivision 2a, by adding a
subdivision; 148B.20, subdivision 3; 148B.21, subdivision 7; 148B.22, by adding
a subdivision; 148B.26, subdivision 1; 148B.27, subdivisions 1, 2; Laws 2001,
chapter 90, section 6; proposing coding for new law in Minnesota Statutes,
chapter 148B; repealing Minnesota Rules, parts 8740.0200, subpart 3, item C;
8740.0222; 8740.0227; 8740.0290.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Westrom, Davids, Demmer, Cox, Osterman, Simpson, Juhnke and
Harder introduced:
H. F. No. 1333, A bill for an act relating to economic
development; clarifying ownership and location requirements for small wind
energy conversion systems that qualify for renewable energy production incentive;
funding the incentive from assessment on electric utilities; increasing overall
limit on number of megawatts of small wind energy conversion systems that
qualify for the incentive; excluding very small systems from the overall limit;
amending Minnesota Statutes 2002, section 216C.41, subdivisions 1, 2, 3, 4, 5.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Finance.
Smith introduced:
H. F. No. 1334, A bill for an act relating to retirement;
providing for a refund of member contributions to a beneficiary upon death for
the Minneapolis firefighters relief association; amending Minnesota Statutes
2002, section 423C.08.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Thao and Rhodes introduced:
H. F. No. 1335, A bill for an act relating to veterans;
providing for placement in the capitol area of a statue commemorating Hmong
veterans of the campaign in Laos during the Vietnam War.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Seagren,
Sykora, Pelowski and Ozment introduced:
H. F. No. 1336, A bill for an act relating to education;
establishing requirements for qualified teachers and paraprofessionals;
amending Minnesota Statutes 2002, section 122A.22; proposing coding for new law
in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the
Committee on Education Policy.
Marquart, Penas, Lieder, Eken, Lindgren, Simpson and Nornes
introduced:
H. F. No. 1337, A bill for an act relating to agriculture;
providing for grants for the farm wrap network and rural help network;
appropriating money.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Finance.
Penas and Lindgren introduced:
H. F. No. 1338, A bill for an act relating to education;
directing the board of teaching to adopt rules granting a license to chemistry,
physics, and biology teachers; allowing science teachers with continuing
licenses to be certified to teach other subjects after receiving a qualifying
score on a Praxis II test; amending Minnesota Statutes 2002, section 122A.09,
subdivision 4.
The bill was read for the first time and referred to the
Committee on Education Policy.
Erickson introduced:
H. F. No. 1339, A bill for an act relating to education;
codifying law giving parents access to statewide tests; directing the commissioner
of children, families, and learning to annually release increasingly greater
portions of statewide test questions; amending Laws 2001, First Special Session
chapter 6, article 2, section 68.
The bill was read for the first time and referred to the
Committee on Education Policy.
Howes and Fuller introduced:
H. F. No. 1340, A bill for an act relating to taxation;
providing for homestead classification for certain resorts owned by a limited
liability company; amending Minnesota Statutes 2002, section 273.13,
subdivision 22.
The bill was read for the first time and referred to the
Committee on Taxes.
Rhodes, Abrams and Lenczewski introduced:
H. F. No. 1341, A bill for an act relating to taxation;
property taxes; modifying the 60-day rule in the dismissal of tax petitions;
amending Minnesota Statutes 2002, section 278.05, subdivision 6.
The bill was read for the first time and referred to the
Committee on Taxes.
Clark;
Walker; Ellison; Thao; Johnson, S.; Paymar; Davnie and Smith introduced:
H. F. No. 1342, A bill for an act relating to criminal justice;
requiring the collection and study of certain types of prostitution and
requiring a report; requiring a report on the use of money collected from
penalty assessments imposed against individuals committing certain prostitution
crimes; clarifying headnotes; providing that the penalty assessments be
appropriated to the commissioner of public safety; amending Minnesota Statutes
2002, sections 609.324; 609.3241.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Powell introduced:
H. F. No. 1343, A bill for an act relating to retirement;
authorizing a service credit purchase in the teachers retirement association
for certain sabbatical leaves.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Vandeveer; Ozment; Anderson, B., and Anderson, I.,
introduced:
H. F. No. 1344, A bill for an act relating to motor vehicles;
authorizing issuance of special veteran contribution license plates for
motorcycles; amending Minnesota Statutes 2002, section 168.1255.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Klinzing; Johnson, J.; Gerlach; Hoppe; Adolphson;
Vandeveer and Anderson, B., introduced:
H. F. No. 1345, A bill for an act relating to the metropolitan
council; adding lieutenant governor to the membership of the legislative
commission on metropolitan government; requiring legislative approval for
metropolitan council operating levies; amending Minnesota Statutes 2002,
sections 3.8841, subdivisions 2, 3, 5, 7; 473.167, subdivision 3; 473.249,
subdivision 1; 473.253, subdivision 1; repealing Minnesota Statutes 2002, sections
473.167, subdivision 4; 473.249, subdivision 2.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Goodwin, Greiling, Bernardy and Seagren introduced:
H. F. No. 1346, A bill for an act relating to education
finance; creating a mechanism to allow compensatory revenue amounts to follow
the student to a nonresident school district; appropriating money; amending
Minnesota Statutes 2002, section 126C.10, subdivision 4, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education Finance.
Hoppe
introduced:
H. F. No. 1347, A bill for an act relating to natural
resources; modifying funding for state parks and recreation areas; requiring
certain state parks and recreation areas to be self-sufficient; appropriating
money; amending Minnesota Statutes 2002, sections 85.053; 85.054, subdivisions
2, 3, 5, 9; 85.205; 85.34, subdivisions 2, 4; 85.43; proposing coding for new
law in Minnesota Statutes, chapter 85; repealing Minnesota Statutes 2002,
sections 85.045, subdivision 4; 85.052; 85.053, subdivisions 4, 5; 85.054,
subdivisions 1, 4, 6, 7, 8; 85.055; 85.22.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Hoppe and Otremba introduced:
H. F. No. 1348, A bill for an act relating to education
finance; adjusting school district financial reporting dates; creating a
notification process for operating referenda and debt elections; regulating
school district elections for obligations; amending Minnesota Statutes 2002,
sections 123B.77, subdivision 3; 205A.07, by adding a subdivision; 475.58, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education Finance.
Paymar introduced:
H. F. No. 1349, A bill for an act relating to health;
prohibiting tobacco use in certain public institutions; amending Minnesota
Statutes 2002, section 144.414, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 246.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Smith introduced:
H. F. No. 1350, A bill for an act relating to education;
authorizing a fund transfer for independent school district No. 277, Westonka.
The bill was read for the first time and referred to the
Committee on Education Finance.
DeLaForest introduced:
H. F. No. 1351, A bill for an act relating to education;
modifying charter school requirements; amending Minnesota Statutes 2002,
sections 124D.10, subdivision 8; 124D.11, subdivision 7.
The bill was read for the first time and referred to the
Committee on Education Policy.
Wagenius
introduced:
H. F. No. 1352, A bill for an act relating to the environment;
providing for water quality testing compliance; appropriating money; amending
Minnesota Statutes 2002, section 116.07, subdivision 4d, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Clark and Biernat introduced:
H. F. No. 1353, A bill for an act relating to education;
allowing limited English proficiency students enrolled in a Minnesota school district
for three or fewer school years to complete the Minnesota test of emerging
academic English as an alternative English and language arts assessment and to
complete other statewide assessments in the student's primary language;
amending Minnesota Statutes 2002, sections 120B.30, subdivision 1; 124D.61.
The bill was read for the first time and referred to the
Committee on Education Policy.
Fuller, Murphy, Lipman and Smith introduced:
H. F. No. 1354, A bill for an act relating to crime; creating a
sanctions conference procedure to allow probation officers to impose, with
district court confirmation, probation sanctions for technical violations of
probation; requesting the chief judge of each judicial district to develop
procedures for sanctions conferences and a sanctions conference form; amending
Minnesota Statutes 2002, sections 243.05, subdivision 1; 609.135, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 401;
repealing Minnesota Statutes 2002, sections 244.19, subdivision 3a; 401.02,
subdivision 5.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Anderson, B., introduced:
H. F. No. 1355, A bill for an act relating to elections;
permitting campaign signs in highway rights-of-way under certain conditions;
amending Minnesota Statutes 2002, section 211B.045.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Anderson, B., introduced:
H. F. No. 1356, A bill for an act relating to transportation;
establishing trunk highway corridor-protection revolving loan account;
appropriating money; amending Minnesota Statutes 2002, sections 161.04, by
adding a subdivision; 174.02, by adding a subdivision; 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 Finance.
Koenen, Peterson, Heidgerken and
Finstad introduced:
H. F. No. 1357, A bill for an act relating to the city of Bird
Island; authorizing a temporary exception to sewer extension permit
requirements.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Mullery introduced:
H. F. No. 1358, A bill for an act relating to game and fish;
modifying licenses to be issued by licensing agents; amending Minnesota
Statutes 2002, section 97A.485, subdivision 6.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Anderson, B., introduced:
H. F. No. 1359, A bill for an act relating to the city of
Buffalo; authorizing it to issue general obligation bonds to pay for the city's
share of highway 55 reconstruction and upgrading.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Walz, Krinkie and Kahn introduced:
H. F. No. 1360, A bill for an act relating to appropriations;
prohibiting state agencies and local units of government from spending money on
CriMNet until certain reviews are complete and a risk response plan is
implemented; requiring the legislative auditor to perform a financial audit of
CriMNet.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Finstad and Bradley introduced:
H. F. No. 1361, A bill for an act relating to human services;
implementing certain county initiatives; amending Minnesota Statutes 2002,
sections 119B.11, subdivision 1; 124D.23, subdivision 2; 245.478, subdivision
6; 245.4932, subdivision 1; 245.494, subdivision 1; 245A.10; 253B.05,
subdivision 3; 256.935, subdivision 1; 256B.0625, subdivision 20; 256F.13,
subdivisions 1, 2; 261.035; 393.07, subdivision 1; 518.167, subdivision 1;
repealing Minnesota Statutes 2002, sections 119B.11, subdivisions 1, 4;
245.478; 245.4888; 256B.0911, subdivision 3; 256B.0945, subdivisions 2, 4, 6,
7, 8, 9, 10; 256B.83; 256F.10, subdivision 7.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Anderson, B., introduced:
H. F. No. 1362, A bill for an act relating to the city of
Clearwater; authorizing the city to impose a sales and use tax.
The bill was read for the first time and referred to the
Committee on Taxes.
Adolphson, Biernat, Meslow and
Anderson, J., introduced:
H. F. No. 1363, A bill for an act relating to education;
requiring bus transportation for students living further than one mile from
school; authorizing school board to charge fee to all students riding buses;
amending Minnesota Statutes 2002, sections 123B.36, subdivision 1; 123B.37,
subdivision 1; 123B.88, subdivision 1.
The bill was read for the first time and referred to the
Committee on Education Finance.
Kielkucki introduced:
H. F. No. 1364, A bill for an act relating to advertising
devices; providing for community identification signs; amending Minnesota
Statutes 2002, section 173.08, subdivision 1.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Nelson, P., introduced:
H. F. No. 1365, A bill for an act relating to drivers'
licenses; allowing government agencies to act as commercial driver training
schools; abolishing exemptions; amending Minnesota Statutes 2002, section
171.33, subdivision 1; repealing Minnesota Statutes 2002, section 171.39.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Beard introduced:
H. F. No. 1366, A bill for an act relating to the courts;
providing for distribution of certain revenues received by courts after state
takeover; requiring the prorating of state aid loss to court administration
costs; amending Minnesota Statutes 2002, sections 299D.03, subdivision 5;
487.33, subdivision 5.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Ozment; Hausman; Olson, M.; Cornish and Wagenius
introduced:
H. F. No. 1367, A bill for an act relating to natural
resources; providing for aquatic plant management funding; increasing
watercraft surcharge; modifying apportionment of gasoline fuel tax for
motorboats; appropriating money; amending Minnesota Statutes 2002, sections
86B.415, subdivision 7; 296A.18, subdivision 2.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Clark introduced:
H. F. No. 1368, A bill for an act relating to housing;
providing for consultation with representatives of urban Indian organizations
by the commissioner of the Minnesota housing finance agency; proposing coding
for new law in Minnesota Statutes, chapter 462A.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Clark introduced:
H. F. No. 1369, A bill for an act relating to health and human
services; providing for consultation with representatives of urban Indian
organizations by the commissioner of health and the commissioner of human
services; amending Minnesota Statutes 2002, section 256.01, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Knoblach introduced:
H. F. No. 1370, A bill for an act relating to financing of
state government; changing dates for submissions to the legislature of revenue
targets and departmental earnings reports; amending Minnesota Statutes 2002,
sections 16A.102, subdivision 1; 16A.1285, subdivision 3.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Eken, Peterson, Osterman, Penas, Lieder, Koenen, Tingelstad,
Rhodes, Thissen, Otremba, Marquart and Murphy introduced:
H. F. No. 1371, A bill for an act relating to legislation;
requiring a rural-urban migration impact study to be prepared for certain
budget proposals; proposing coding for new law in Minnesota Statutes, chapter
3.
The bill was read for the first time and referred to the
Committee on State Government Finance.
Beard, Lieder, Erhardt, Juhnke, Kuisle, Kelliher, Hausman,
Swenson, Ruth, Seagren, Powell, Westerberg, Osterman, Solberg, Wasiluk, Davnie,
Ellison, Severson and Peterson introduced:
H. F. No. 1372, A bill for an act relating to transportation;
increasing maximum license taxes on passenger automobiles; providing for
deposit of revenues from motor vehicle sales tax; requiring reductions in
department of transportation trunk highway fund budget base; authorizing
issuance of state trunk highway bonds and appropriating proceeds for trunk
highway improvements; authorizing issuance of state general obligation bonds
for public transit capital improvements; proposing an amendment to the
Minnesota Constitution by adding a section to article XIV to dedicate all
revenue from the motor vehicle sales tax to highway and transit purposes
beginning July 1, 2007; appropriating money; amending Minnesota Statutes 2002,
sections 168.013, subdivision 1a; 297B.09, subdivision 1; 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 Finance.
Rhodes, Smith, Powell, Abeler and Kahn introduced:
H. F. No. 1373, A bill for an act relating to the metropolitan
radio board; extending the expiration date for the board; proposing coding for
new law in Minnesota Statutes, chapter 473.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Urdahl; Otremba; Murphy; Anderson, I.;
Heidgerken; Juhnke and Entenza introduced:
H. F. No. 1374, A bill for an act relating to agriculture;
providing for the headquarters of the department of agriculture to be named
after Orville L. Freeman.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Klinzing introduced:
H. F. No. 1375, A bill for an act relating to education
finance; increasing funding for equity revenue; limiting compensatory revenue
to not more than $1,500 per pupil; amending Minnesota Statutes 2002, section
126C.10, subdivisions 3, 24.
The bill was read for the first time and referred to the
Committee on Education Finance.
Klinzing introduced:
H. F. No. 1376, A bill for an act relating to education
finance; increasing the appropriation for the alternative compensation program;
appropriating money.
The bill was read for the first time and referred to the
Committee on Education Finance.
Blaine introduced:
H. F. No. 1377, A bill for an act relating to retirement; authorizing
a service credit purchase for certain employees of the department of
corrections.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kuisle, Vandeveer, Cox, Powell and Peterson introduced:
H. F. No. 1378, A bill for an act removing a limitation for
regional library basic system support grants; amending Minnesota Statutes 2002,
section 134.201, subdivision 5; repealing Minnesota Statutes 2002, section
134.34, subdivision 4.
The bill was read for the first time and referred to the
Committee on Education Finance.
Kuisle, Simpson and Pugh introduced:
H. F. No. 1379, A bill for an act relating to taxation;
property; providing for the valuation of certain rental housing; amending
Minnesota Statutes 2002, section 273.11, by adding a subdivision; Laws 2001,
First Special Session chapter 5, article 3, section 96.
The bill was read for the first time and referred to the
Committee on Taxes.
Buesgens
introduced:
H. F. No. 1380, A bill for an act relating to public
employment; establishing financial parameters for public employment contracts;
amending Minnesota Statutes 2002, sections 179A.01; 179A.03, by adding
subdivisions; 179A.07, subdivision 1; 179A.16, subdivision 9; 179A.18,
subdivision 1; 179A.20, by adding a subdivision; repealing Minnesota Statutes
2002, sections 123B.749; 179A.03, subdivision 19.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Smith introduced:
H. F. No. 1381, A bill for an act relating to motor vehicles;
authorizing certain vehicles more than 20 years old to be designated as classic
cars; creating an advisory committee on classic car designation; amending
Minnesota Statutes 2002, section 168.10, subdivision 1b.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Davnie, Greiling, Sertich and Entenza introduced:
H. F. No. 1382, A bill for an act relating to elections; providing
for fair and clean elections; increasing disclosure of campaign contributions
to candidates; encouraging candidates to accept only clean money for their
political campaigns; limiting campaign contributions and expenditures;
increasing public subsidies for state candidates who agree to limit the sources
and amounts of contributions to their campaigns; appropriating money; amending
Minnesota Statutes 2002, sections 10A.01, subdivision 1; 10A.02, subdivisions
8, 10, 11, 11a, 12, 13; 10A.025, subdivisions 1, 2; 10A.071, subdivision 3;
10A.34; 10A.37; 129D.13, by adding a subdivision; 129D.14, by adding a
subdivision; 204B.11, subdivision 1; 211A.13; 211B.12; 211B.15, subdivision 16;
340A.404, subdivision 10; 353.03, subdivision 1; 383B.042, subdivision 5;
proposing coding for new law in Minnesota Statutes, chapters 204B; 211B;
proposing coding for new law as Minnesota Statutes, chapter 10B; repealing
Minnesota Statutes 2002, sections 10A.01, subdivisions 3, 4, 6, 7, 9, 10, 11,
12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, 36; 10A.105;
10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24;
10A.241; 10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28;
10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324; 290.06,
subdivision 23.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs 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. 267, A bill for an act relating to insurance;
modifying the standard fire insurance policy; amending Minnesota Statutes 2002,
section 65A.01, subdivision 3.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
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; appropriating money; amending Minnesota Statutes 2002,
sections 256B.19, subdivision 1d; 256B.431, subdivision 23.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
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 Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Murphy, Tomassoni and Olson.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Anderson, B., moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 287. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 155, 39, 215, 217, 328, 422, 693, 926 and 790.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 155, A bill for an act relating to insurance;
regulating coverage for communication aids or devices; amending Minnesota
Statutes 2002, sections 62E.06, subdivision 1; 62L.05, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
S. F. No. 39, A bill for an act relating to health; allowing
application for designation as an essential community provider; amending
Minnesota Statutes 2002, section 62Q.19, subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
S. F. No. 215, A bill for an act relating to health; clarifying
the definition of the practice of psychology; amending Minnesota Statutes 2002,
section 148.89, subdivision 5.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
S. F. No. 217, A bill for an act relating to health; modifying
provisions relating to supervised practice by a psychologist; amending
Minnesota Statutes 2002, section 148.925, subdivision 1.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
S. F. No. 328, A bill for an act relating to health;
authorizing the board of psychology to require an independent examination of a
practitioner; classifying such information; amending Minnesota Statutes 2002,
sections 13.383, subdivision 8; 148.941, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
S. F. No. 422, A bill for an act relating to examiners of
titles; providing for alternative means of compensation; amending Minnesota
Statutes 2002, section 508.12, subdivision 1.
The bill was read for the first time.
Buesgens moved that S. F. No. 422 and H. F. No. 554, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 693, A bill for an act relating to the metropolitan
council; authorizing the use of energy forward pricing mechanisms; proposing
coding for new law in Minnesota Statutes, chapter 473.
The bill was read for the first time.
Buesgens moved that S. F. No. 693 and H. F. No. 689, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S.
F. No. 926, A bill for an act relating to public safety; providing for property
manager background checks on the Minnesota computerized criminal history
system; amending Minnesota Statutes 2002, section 299C.68, subdivision 5.
The bill was read for the first time.
Kohls moved that S. F. No. 926 and H. F. No. 731, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 790, A bill for an act relating to human services;
recodifying and reorganizing the background study provisions in the Human
Services Licensing Act; making conforming changes; amending Minnesota Statutes
2002, sections 245A.04, subdivisions 1, 3, 3a, 3b, 3c, 3d, 3e, 3f; 245A.041;
proposing coding for new law as Minnesota Statutes, chapter 245C.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
CONSENT CALENDAR
H. F. No. 645, A bill for an act relating to technology
business; providing for exemptions from Minnesota Electrical Act; amending
Minnesota Statutes 2002, sections 326.01, subdivision 6m; 326.242, subdivisions
3d, 8, 12; 326.2421, subdivision 2; 326.244, subdivisions 1a, 5; repealing
Minnesota Statutes 2002, sections 326.01, subdivision 6d; 326.2421,
subdivisions 3, 4, 6, 8.
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 130 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
Koenen
Kohls
Krinkie
Kuisle
Lanning
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
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
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 647, A bill for an act relating to human services;
providing an exception to the nursing home construction moratorium; modifying
special provisions for moratorium exceptions; amending Minnesota Statutes 2002,
sections 144A.071, by adding a subdivision; 256B.431, subdivision 17.
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 129 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
Koenen
Kohls
Krinkie
Kuisle
Lanning
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
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
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., Tuesday, April 1, 2003.
The motion prevailed.
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 31, 2003:
H. F. Nos. 677, 268, 668 and 335.
CALENDAR FOR THE DAY
H. F. No. 294 was reported to the House.
Eastlund moved to amend H. F. No. 294, the third engrossment,
as follows:
Page 1, line 25, delete "Back pay"
Page 1, line 26, delete everything before "Payment"
Page 2, line 5, delete "on or after"
Page 2, line 6, delete "September 11, 2001,"
Page 4, line 1, delete the new language and insert "the
effective date of this act or who is on active service on the effective
date of this act"
Page 4, delete lines 16 to 21 and insert:
"Section 1 is effective the day following final
enactment and applies to salary differential for active service on or
after the date of final enactment of this act."
Amend the title accordingly.
A roll call was requested and properly seconded.
The question was taken on the Eastlund amendment and the roll
was called. There were 89 yeas and 42
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kielkucki
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Osterman
Ozment
Paulsen
Paymar
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Atkins
Bernardy
Biernat
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Mahoney
Mariani
Nelson, M.
Otto
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Wasiluk
The motion prevailed and the amendment was adopted.
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; 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.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 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
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
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
The Speaker called Abrams to the Chair.
H. F. No. 677, A bill for an act relating to occupations and
professions; modifying licensure requirements for architects, engineers,
surveyors, landscape architects, geoscientists, and interior designers;
amending Minnesota Statutes 2002, sections 326.10, by adding subdivisions;
326.107, subdivisions 4, 8; repealing Minnesota Statutes 2002, sections
326.10, subdivision 5; 326.107, subdivisions 6, 9.
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 82 yeas and 50
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kielkucki
Klinzing
Knoblach
Kohls
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Pelowski
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
DeLaForest
Dorn
Ellison
Entenza
Gerlach
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Latz
Lesch
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Peterson
Pugh
Rukavina
Sertich
Sieben
Simpson
Slawik
Solberg
Thao
Wagenius
Walker
Wasiluk
Westrom
The bill was passed and its title agreed to.
H. F. No. 268, A bill for an act
relating to peace officers; authorizing the state fair police department to
employ more part-time peace officers; amending Minnesota Statutes 2002, section
626.8468, subdivision 1.
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 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
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
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
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Howes
The bill was passed and its title agreed to.
H. F. No. 668 was reported to the House.
Holberg moved to amend H. F. No. 668, the fourth engrossment,
as follows:
Page 1, after line 6, insert:
"ARTICLE
1"
Page 11, after line 12, insert:
"ARTICLE
2
Section
1. Minnesota Statutes 2002, section
145.4134, is amended to read:
145.4134 [COMMISSIONER'S PUBLIC REPORT.]
(a) By July 1 of each year, except for 1998 and 1999
information, the commissioner shall issue a public report providing statistics
for the previous calendar year compiled from the data submitted under sections
145.4131 to 145.4133 and sections 145.4241 to 145.4249. For 1998 and 1999 information, the report
shall be issued October 1, 2000.
Each report shall provide the statistics for all previous calendar
years, adjusted to reflect any additional information from late or corrected
reports. The commissioner shall ensure
that none of the information included in the public reports can reasonably lead
to identification of an individual having performed or having had an
abortion. All data included on the
forms under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249
must be included in the public report, except that the commissioner shall
maintain as confidential, data which alone or in combination may constitute
information from which an individual having performed or having had an abortion
may be identified using epidemiologic principles. The commissioner shall submit the report to the senate health and
family security committee and the house health and human services committee.
(b) The commissioner may, by rules adopted under chapter 14,
alter the submission dates established under sections 145.4131 to 145.4133 for
administrative convenience, fiscal savings, or other valid reason, provided
that physicians or facilities and the commissioner of human services submit the
required information once each year and the commissioner issues a report once
each year."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Paymar, Kelliher, Greiling and Bernardy moved to amend H. F.
No. 668, the fourth engrossment, as amended, as follows:
Page 2, after line 22, insert:
"Subd. 9.
[SEXUAL ASSAULT.] "Sexual assault" means criminal
sexual conduct in the first degree under section 609.342, criminal
sexual conduct in the second degree under section 609.343, criminal
sexual conduct in the third degree under section 609.344, criminal
sexual conduct in the fourth degree under section 609.345, or incest
under section 609.365.
Subd. 10.
[SEXUAL ASSAULT VICTIM.] "Sexual assault victim" means
a woman who alleges or is alleged to have been sexually assaulted."
Page 2, line 27, after "emergency" insert
"or a sexual assault victim"
A roll call was requested and properly seconded.
The
question was taken on the Paymar et al amendment and the roll was called. There were 46 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lenczewski
Lesch
Mahoney
Mariani
Mullery
Nelson, M.
Opatz
Osterman
Otto
Paymar
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
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.
Walker, Paymar, Kelliher, Greiling and Bernardy moved to amend
H. F. No. 668, the fourth engrossment, as amended, as follows:
Page 3, after line 20, insert:
"(2) the female is provided with consultation,
examination, medical treatment, genetic counseling, prescriptions, and
products, such as charts, thermometers, drugs, medical preparations,
and contraceptive devices for the purpose of preventing future unwanted
pregnancies;"
Renumber the remaining clauses in the section and correct
internal references
A roll call was requested and properly seconded.
The
question was taken on the Walker et al amendment and the roll was called. There were 47 yeas and 85 nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lesch
Lieder
Magnus
Mahoney
Mariani
Mullery
Nelson, M.
Osterman
Otto
Paymar
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lindgren
Lindner
Lipman
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
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.
The Speaker resumed the Chair.
Davnie moved to amend H. F. No. 668, the fourth engrossment, as
amended, as follows:
Page 2, line 27, after "emergency," insert
"or if the female, in consultation with her physician and
following compliance with the informed consent provisions of section
145.412, subdivision 1, chooses to waive her rights to the other provisions
of this act,"
Page 4, line 15, after "(iii)" insert ",
or that she has waived her right to receive such information"
A roll call was requested and properly seconded.
The
question was taken on the Davnie amendment and the roll was called. There were 43 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lesch
Lieder
Mahoney
Mariani
Mullery
Nelson, M.
Osterman
Otto
Paymar
Peterson
Rhodes
Rukavina
Sertich
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
Pugh
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Solberg
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.
Kahn, Huntley, Slawik, Sieben and Greiling moved to amend H. F.
No. 668, the fourth engrossment, as amended, as follows:
Page 2, line 34, delete "breast"
Page 2, line 35, delete "cancer,"
A roll call was requested and properly seconded.
The question was taken on the Kahn et al amendment and the roll
was called. There were 45 yeas and 86
nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Cox
Davnie
Dorman
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lesch
Mahoney
Mariani
Mullery
Nelson, M.
Osterman
Otto
Paymar
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Kahn, Sieben, Huntley, Slawik and Greiling moved to amend H. F.
No. 668, the fourth engrossment, as amended, as follows:
Page 2, line 35, after "cancer" insert "including
the Internet address of the federal Center for Disease Control fact sheet
on abortion and breast cancer,"
A roll call was requested and properly seconded.
The question was taken on the Kahn et al amendment and the roll
was called. There were 48 yeas and 83
nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Cox
Davnie
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Klinzing
Latz
Lesch
Lieder
Mahoney
Mariani
Nelson, M.
Opatz
Otto
Paymar
Peterson
Pugh
Rhodes
Rukavina
Seagren
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Mullery
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Osterman
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
Ruth
Samuelson
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.
Wagenius, Walker and Huntley moved to amend H. F. No. 668, the
fourth engrossment, as amended, as follows:
Page 5, line 24, delete "and" and insert:
"(3) materials designed to inform the female about the
need for pregnant women to avoid certain known risk factors for spontaneous
abortions, birth defects, developmental abnormalities, premature
deliveries or low birth weight babies. Information on such risk factors
must include:
(i) risks associated with maternal use of alcohol, cigarettes,
controlled substances, or non-prescription drugs;
(ii) risks associated with maternal exposure to toxins and
pesticides;
(iii) risks associated with maternal consumption of contaminated
well water, including the recommendation that all wells should be tested
at least annually for coliform bacteria and nitrate, that all wells
should be tested at least once for arsenic, and that further measures
including testing for pesticides are necessary if a well tests positive
for nitrates;
(iv) risks associated with maternal consumption of mercury
and PCBs in fish, including information regarding access to health
department fish advisories; and
(v) risks associated with maternal infection with rubella,
varicella zoster, or toxoplasmosis.
The information on risk factors shall be objective, nonjudgmental
and designed to convey only accurate scientific information; and"
Page 5, line 25, delete "(3)" and insert
"(4)"
A roll call was requested and properly seconded.
The question was taken on the
Wagenius et al amendment and the roll was called. There were 49 yeas and 83 nays as follows:
Those who
voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Cox
Davnie
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Mullery
Nelson, M.
Opatz
Osterman
Otto
Paymar
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
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.
Slawik and Huntley moved to amend H. F. No. 668, the fourth
engrossment, as amended, as follows:
Page 11, delete section 11
Amend the title as follows:
Page 1, line 4, delete "appropriating money;"
A roll call was requested and properly seconded.
The question was taken on the Slawik and Huntley amendment and
the roll was called. There were 39 yeas
and 93 nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson,
S.
Kahn
Kelliher
Latz
Lesch
Mahoney
Mariani
Nelson, M.
Osterman
Paymar
Peterson
Rhodes
Rukavina
Sertich
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Otremba
Otto
Ozment
Paulsen
Pelowski
Penas
Powell
Pugh
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Solberg
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.
668, as amended, was read for the third time.
The
Speaker called Erickson to the Chair.
POINT OF ORDER
Kielkucki raised a point of order pursuant to section 101 of
"Mason's Manual of Legislative Procedure," relating to Debate Being
Limited to the Question Before the House.
Speaker pro tempore Erickson ruled the point of order not well taken.
CALL OF THE HOUSE
On the motion of Paulsen 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
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
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
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
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.
H. F. No. 668, A bill for an act relating to health; requiring
informed consent of a female upon whom an abortion is performed; providing
civil remedies; appropriating money; amending Minnesota Statutes 2002, section
145.4134; proposing coding for new law in Minnesota Statutes, chapter 145.
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. There were 91 yeas and 41
nays as follows:
Those who voted in the affirmative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, P.
Nornes
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Pelowski
Penas
Powell
Pugh
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lesch
Mahoney
Mariani
Mullery
Nelson, M.
Otto
Paymar
Peterson
Rhodes
Rukavina
Sertich
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
Wasiluk
The bill
was passed, as amended, and its title agreed to.
The
Speaker resumed the Chair.
CALL OF THE HOUSE LIFTED
Paulsen
moved that the call of the House be suspended.
The motion prevailed and it was so ordered.
Paulsen moved that the remaining bill on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Mullery moved that the name of Davnie be added as an author on
H. F. No. 11. The motion
prevailed.
Bradley moved that the name of Latz be added as an author on
H. F. No. 29. The motion
prevailed.
Anderson, I., moved that his name be stricken as an author on
H. F. No. 403. The
motion prevailed.
Kahn moved that her name be stricken as an author on
H. F. No. 491. The
motion prevailed.
Otremba moved that her name be stricken as an author on
H. F. No. 510. The
motion prevailed.
Soderstrom moved that the names of Abrams and Meslow be added
as authors on H. F. No. 617.
The motion prevailed.
Walker moved that her name be stricken as an author on
H. F. No. 776. The
motion prevailed.
Thissen moved that his name be stricken as an author on
H. F. No. 883. The
motion prevailed.
Severson moved that his name be stricken as an author on
H. F. No. 915. The motion
prevailed.
Holberg moved that the name of Erhardt be added as an author on
H. F. No. 981. The
motion prevailed.
Jacobson moved that the name of Swenson be added as an author
on H. F. No. 1031. The
motion prevailed.
Eastlund moved that the name of Wardlow be added as an author
on H. F. No. 1045. The
motion prevailed.
Smith moved that the name of Lipman be added as an author on
H. F. No. 1123. The
motion prevailed.
Greiling moved that her name be stricken as an author on
H. F. No. 1146. The
motion prevailed.
Osterman moved that the name of Clark be added as an author on
H. F. No. 1184. The
motion prevailed.
Westerberg
moved that the name of Ruth be added as an author on
H. F. No. 1192. The
motion prevailed.
Nelson, M., moved that the name of Sieben be added as an author
on H. F. No. 1236. The
motion prevailed.
Solberg moved that the name of Hackbarth be added as an author
on H. F. No. 1237. The
motion prevailed.
Atkins moved that the name of Peterson be added as an author on
H. F. No. 1256. The
motion prevailed.
Sykora moved that the name of Samuelson be added as an author
on H. F. No. 1266. The
motion prevailed.
Gunther moved that the name of Samuelson be added as an author
on H. F. No. 1271. The
motion prevailed.
Meslow moved that the names of Wilkin, DeLaForest and Samuelson
be added as authors on H. F. No. 1273. The motion prevailed.
Lindgren moved that the names of Wilkin, Harder and DeLaForest
be added as authors on H. F. No. 1274. The motion prevailed.
Hoppe moved that the name of DeLaForest be added as an author
on H. F. No. 1277. The
motion prevailed.
Westerberg moved that the name of Ruth be added as an author on
H. F. No. 1286. The
motion prevailed.
Seifert moved that the names of Wilkin, Gerlach and Bernardy be
added as authors on H. F. No. 1292. The motion prevailed.
Rhodes moved that H. F. No. 716 be recalled from
the Committee on Transportation Policy and be re-referred to the Committee on
Local Government and Metropolitan Affairs.
The motion prevailed.
Solberg moved that H. F. No. 1002 be recalled
from the Committee on Transportation Finance and be re-referred to the
Committee on Environment and Natural Resources Finance. The motion prevailed.
Eastlund moved that H. F. No. 1045 be recalled
from the Committee on Governmental Operations and Veterans Affairs Policy and
be re-referred to the Committee on Civil Law.
The motion prevailed.
Kohls moved that H. F. No. 1114 be recalled from
the Committee on Commerce, Jobs and Economic Development and be re-referred to
the Committee on Civil Law. The motion
prevailed.
Johnson, S., moved that H. F. No. 1178 be
recalled from the Committee on Judiciary Policy and Finance and be re-referred
to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.
Meslow moved that H. F. No. 1227 be recalled
from the Committee on Education Finance and be re-referred to the Committee on
Education Policy. The motion prevailed.
Klinzing moved that H. F. No. 1264 be recalled from
the Committee on Environment and Natural Resources Policy and be re-referred to
the Committee on Education Policy. The
motion prevailed.
Abeler moved that H. F. No. 1309 be recalled
from the Committee on Education Finance and be re-referred to the Committee on
Health and Human Services Finance. The
motion prevailed.
Biernat moved that S. F. No. 230 be recalled
from the Committee on Civil Law and together with H. F. No. 264,
now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 287:
Anderson, B.; Seifert and Pelowski.
ADJOURNMENT
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 4:30 p.m., Tuesday, April 1, 2003.
Edward
A. Burdick,
Chief Clerk, House of Representatives