STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
SIXTEENTH DAY
Saint Paul, Minnesota, Thursday, February 13,
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 Missionary Katherine Clark, Coon Rapids,
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
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
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
Spk. Sviggum
A quorum was present.
Kahn and Ruth were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Finstad 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
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 2, A bill for an act relating to education; repealing
and replacing the profile of learning; providing for expedited rulemaking;
repealing certain portions of Minnesota Rules, chapter 3501; proposing coding
for new law in Minnesota Statutes, chapter 120B.
Reported the same back with the following amendments:
Page 1, line 9, after "RULES" insert "AND
RELATED STATEWIDE TESTING REQUIREMENT"
Page 1, line 10, before "Notwithstanding"
insert "(a)"
Page 1, after line 17, insert:
"(b) The requirement under section 120B.30 for a test
aligned with the profile of learning portion of the state's graduation
standards that is administered annually to all students in grades 3, 5,
7, 8, 10, and 11 is repealed. This repeal
does not apply to the state's basic skills tests in reading,
mathematics, and written composition."
Page 1, line 18, before "This" insert "Paragraph
(a) of"
Page 1, line 20, after the period, insert "Paragraph
(b) of this section is effective immediately and applies to the 2004-2005
school year and later."
Page 1, line 26, delete "language arts" and insert
"English"
Page 2, lines 6 and 33, delete "language arts"
and insert "English"
Page 3, lines 1 and 29, delete "language arts"
and insert "English"
Page 3, line 30, delete "2" and insert "3"
Page 4, lines 1, 4, and 7, delete "language arts"
and insert "English"
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. 5, A bill for an act relating to human services;
establishing a prescription drug discount program; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 256.
Reported the same back with the following amendments:
Page 2, line 21, after the semicolon, insert "a city,
county, school district, or other political subdivision providing
self-insured health coverage under section 461.617 or sections 471.98 to
471.982;"
Page 3, line 20, delete everything after
"the" and insert "commissioner. The commissioner"
Page 3, line 21, delete "agencies"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 93, A bill for an act relating to the city of St.
Paul; making technical changes to the civic center authority powers and duties;
amending Laws 1967, chapter 459, section 8, subdivisions 1, 3, 4, as amended.
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. 106, A bill for an
act relating to state government; making permanent the requirement that certain
litigation and settlement proceeds be deposited in the general fund; repealing
Minnesota Statutes 2002, section 16A.151, subdivision 5.
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. 162, A bill for an act relating to health; requiring
legislative approval before adopting certain rules.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Davids from the Committee on Commerce, Jobs and Economic
Development to which was referred:
H. F. No. 176, A bill for an act relating to appropriations;
appropriating money for the Rushford Institute for Nanotechnology.
Reported the same back with the following amendments:
Page 1, line 6, delete "$5,000,000" and insert
"$......."
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.
Haas
from the Committee on State Government Finance to which was referred:
H. F. No. 195, A bill for an act relating to elections;
establishing the voting integrity and voter access account; providing for
funding and use of that account; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 5.
Reported the same back with the following amendments:
Page 1, line 22, delete "continuously"
Page 2, line 7, before "level" insert "base"
Page 2, after line 9, insert:
"Subd. 4.
[REPORTS.] The secretary of state must send a copy of the
report required by section 258 of the Help America Vote Act, Public Law
107-252, to the chairs of the finance committees in the house of
representatives and the senate having jurisdiction over the budget of
the office of the secretary of state.
Subd. 5.
[LEGISLATURE NOT BOUND.] Receipt of federal funds under this
section does not bind the legislature to make future appropriations."
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.
Sykora from the Committee on Education Policy to which was
referred:
H. F. No. 219, A bill for an act relating to education;
encouraging retired teachers to serve as short-call substitute teachers;
amending Minnesota Statutes 2002, section 122A.18, subdivision 7a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 122A.18, subdivision 7a, is amended to
read:
Subd. 7a. [PERMISSION
TO SUBSTITUTE TEACH.] (a) The board of teaching may allow a person who
is enrolled in and making satisfactory progress in a board-approved teacher
program and who has successfully completed student teaching to be employed as a
short-call substitute teacher.
(b) The board of teaching may issue a lifetime qualified
short-call substitute teaching license to a person who:
(1) applies to the board, was a qualified teacher under section
122A.16 while holding a continuing five-year teaching license issued by
the board, and receives a retirement annuity from the teachers
retirement association, the Minneapolis teachers retirement fund
association, the St. Paul teachers retirement fund association, or the
Duluth teachers retirement fund association;
(2)
holds an out-of-state teaching license and receives a retirement annuity
as a result of the person's teaching experience; or
(3) held a continuing five-year license issued by the board,
taught at least three school years in an accredited nonpublic school in
Minnesota, and receives a retirement annuity as a result of the person's
teaching experience.
A
person holding a lifetime qualified short-call substitute teaching
license is not required to complete continuing education clock
hours. A person holding this license
may reapply to the board for a continuing five-year license and must
again complete continuing education clock hours one school year after
receiving the continuing five-year license.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year."
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. 261, A bill for an act relating to public safety;
enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing
the inherent right of law-abiding citizens to self-protection through the
lawful use of self-defense; providing a system under which responsible,
competent adults can exercise their right to self-protection by authorizing
them to obtain a permit to carry a pistol; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2002, sections 609.66,
subdivision 1d; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624;
repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 609.66, subdivision 1d, is amended to
read:
Subd. 1d. [FELONY;
POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) Except as
provided under paragraph (c), whoever possesses, stores, or keeps a
dangerous weapon or uses or brandishes a replica firearm or a BB gun while
knowingly on school property is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a
BB gun on school property is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (e), clause (2), it is a petty
misdemeanor for a person authorized to carry a pistol under section
624.714 to do so in a building that the person knows is school property
unless the person is in the process of dropping off or picking up a
child. Notwithstanding section 609.531,
a firearm carried in violation of this paragraph is not subject to
forfeiture.
(d) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a
shot measuring .18 of an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in
section 609.02, subdivision 6;
(3)
"replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school
building and its improved grounds or a child care center licensed
under chapter 245A, whether leased or owned by the school, occupied by
educational facilities; and
(ii) the area within a school bus when that bus is being used by
a school to transport one or more elementary, middle, or secondary school
students for educational purposes.
(d) (e) This subdivision does not apply to:
(1) licensed peace officers, military personnel, or students
participating in military training, who are performing official duties;
(2) persons who carry
pistols according to the terms of a permit authorized to carry a pistol
under section 624.714;
(3) persons who keep or store in a motor vehicle pistols in
accordance with sections section 624.714 and or 624.715
or other firearms in accordance with section 97B.045;
(4) firearm safety or marksmanship courses or activities
conducted on school property;
(5) possession of dangerous weapons, BB guns, or replica
firearms by a ceremonial color guard;
(6) a gun or knife show held on school property; or
(7) possession of dangerous weapons, BB guns, or replica
firearms with written permission of the principal or director of a
child care center.
Sec. 2. Minnesota
Statutes 2002, section 624.712, is amended by adding a subdivision to read:
Subd. 11.
[COMMISSIONER.] "Commissioner" means the commissioner
of public safety.
Sec. 3. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 1a. [PERMIT
REQUIRED; PENALTY.] A person, other than a peace officer, as defined
in section 626.84, subdivision 1, who carries, holds, or possesses a
pistol in a motor vehicle, snowmobile, or boat, or on or about the
person's clothes or the person, or otherwise in possession or control in
a public place, as defined in section 624.7181, subdivision 1, paragraph
(c), without first having obtained a permit to carry the pistol is guilty
of a gross misdemeanor. A person who is
convicted a second or subsequent time is guilty of a felony.
Sec. 4. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 1b.
[DISPLAY OF PERMIT; PENALTY.] (a) The holder of a permit to
carry must have the permit card and a driver's license, state
identification card, or other government issued photo-identification in
immediate possession at all times when carrying a pistol and must
display the permit card and identification document upon lawful demand
by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a
petty misdemeanor. The fine for a first
offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation
of this paragraph is not subject to forfeiture.
(b)
A citation issued for violating paragraph (a) must be dismissed if the
person demonstrates, in court or in the office of the arresting officer,
that the person was authorized to carry the pistol at the time of the
alleged violation.
(c) Upon the request of a peace officer, a permit holder
must write a sample signature in the officer's presence to aid in
verifying the person's identity.
Sec. 5. Minnesota
Statutes 2002, section 624.714, subdivision 2, is amended to read:
Subd. 2. [WHERE
APPLICATION MADE; AUTHORITY TO ISSUE PERMIT; CRITERIA; SCOPE.] (a)
Applications by Minnesota residents for permits to carry shall be
made to the chief of police of an organized full-time police department of
the municipality where the applicant resides or to the county sheriff where
there is no such local chief of police where the applicant resides. At the time of application, the local
police authority shall provide the applicant with a dated receipt for the
application. Nonresidents, as
defined in section 171.01, subdivision 42, may apply to any sheriff.
(b) A sheriff must issue a permit to an applicant if the
person:
(1) has training in the safe use of a pistol;
(2) is at least 21 years old and a citizen or a permanent
resident of the United States;
(3) completes an application for a permit; and
(4) is not prohibited from possessing a firearm under the
following sections:
(i) 518B.01, subdivision 14;
(ii) 609.224, subdivision 3;
(iii) 609.2242, subdivision 3;
(iv) 609.749, subdivision 8;
(v) 624.713;
(vi) 624.719;
(vii) 629.715, subdivision 2; or
(viii) 629.72, subdivision 2.
(c) A permit to carry a pistol issued or recognized under
this section is a state permit and is effective in all public places
throughout the state.
(d) A sheriff may contract with a police chief to process
permit applications under this section.
If a sheriff contracts with a police chief, the sheriff remains
the issuing authority and the police chief acts as the sheriff's
agent. If a sheriff contracts
with a police chief, all of the provisions of this section will apply.
Sec.
6. Minnesota Statutes 2002, section
624.714, is amended by adding a subdivision to read:
Subd. 2a.
[TRAINING IN THE SAFE USE OF A PISTOL.] (a) An applicant must
present evidence that the applicant received training in the safe use of
a pistol within four years of the date of an original or renewal
application. Training may be demonstrated
by:
(1) licensure as a peace officer in the state of Minnesota;
or
(2) completion of a firearms safety or training course providing
basic training in the safe use of a pistol and conducted by a certified
instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of pistol use;
(2) successful completion of an actual shooting qualification
exercise prescribed by a certified instructor's sponsoring agency or
organization; and
(3) instruction in the fundamental legal aspects of pistol
possession, carry, and use, including self-defense and the restrictions
on the use of deadly force.
(c) A person qualifies as a certified instructor if the person
is certified as a firearms instructor within the past four years by:
(1) the American Society of Law Enforcement Trainers;
(2) the Minnesota Association of Law Enforcement Firearms
Instructors;
(3) the National Rifle Association;
(4) the American Association of Certified Firearms Instructors;
(5) the peace officer standards and training board of this
state or a similar agency of another state;
(6) the department of natural resources of this state or a
similar agency of another state; or
(7) the department of public safety of this state or a similar
agency of another state.
(d) A sheriff must accept the training described in this
subdivision as meeting the requirement in subdivision 2, paragraph
(b), for training in the safe use of a pistol.
A sheriff may also accept other satisfactory evidence of training
in the safe use of a pistol.
Sec. 7. Minnesota
Statutes 2002, section 624.714, subdivision 3, is amended to read:
Subd. 3. [FORM AND
CONTENTS OF APPLICATION.] (a) Applications for permits to carry shall
must be an official, standardized application form, adopted under
section 624.7151, and must set forth in writing only the
following information:
(1) the applicant's name, residence, telephone number, if
any, and driver's license number or nonqualification certificate
number, if any, of the applicant or state identification card number;
(2) the applicant's sex, date of
birth, height, weight, and color of eyes and hair, and distinguishing physical
characteristics, if any, of the applicant;
(3) all states of residence of the applicant in the last
ten years, though not including specific addresses;
(4) a statement that the applicant authorizes the
release to the local police authority sheriff of commitment
information about the applicant maintained by the commissioner of human
services or any similar agency or department of another state where
the applicant has resided, to the extent that the information relates to
the applicant's eligibility to possess a pistol or semiautomatic
military-style assault weapon under section 624.713, subdivision 1 firearm;
and
(4) (5) a statement by the applicant that, to
the best of the applicant's knowledge and belief, the applicant is
not prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon; and law from possessing a firearm.
(5) a recent color photograph of the applicant.
The application shall be
signed and dated by the applicant. (b)
The statement under paragraph (a), clause (3) (4), must
comply with any applicable requirements of Code of Federal Regulations, title
42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or
drug abuse patient records.
(c) An applicant must submit to the sheriff an application
packet consisting only of the following items:
(1) a completed application form, signed and dated by the
applicant;
(2) an accurate photocopy of a certificate, affidavit, or
other document that is submitted as the applicant's evidence of training
in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's
license, state identification card, or the photo page of the applicant's
passport.
(d) Applications must be submitted in person.
(e) The sheriff may charge a new application processing fee
in an amount not to exceed the actual and reasonable direct cost of
processing the application or $40, whichever is less. Of this amount, $10 must be submitted to the commissioner
of public safety and deposited into the general fund.
(f) This subdivision prescribes the complete and exclusive
set of items an applicant is required to submit in order to apply for
a new or renewal permit to carry. The
applicant must not be asked or required to submit, voluntarily or involuntarily,
any information, fees, or documentation beyond that specifically
required by this subdivision. This
paragraph does not apply to alternate training evidence accepted by the
sheriff under subdivision 2a, paragraph (d).
(g) Forms for new and renewal applications must be available
at all sheriffs' offices and the commissioner of public safety must make
the forms available on the Internet.
(h) Application forms must clearly display a notice that a
permit, if granted, is void and must be immediately returned to the
sheriff if the permit holder is or becomes prohibited by law from
possessing a firearm. The notice must
list the applicable state criminal offenses and civil categories that prohibit
a person from possessing a firearm.
(i) Upon receipt of an application packet and any required
fee, the sheriff must provide a signed receipt indicating the date of
submission.
Sec. 8.
Minnesota Statutes 2002, section 624.714, subdivision 4, is amended to
read:
Subd. 4.
[INVESTIGATION.] (a) The application authority shall sheriff
must check, by means of electronic data transfer, criminal records,
histories, and warrant information on each applicant through the Minnesota
Crime Information System. The chief
of police or sheriff shall and, to the extent necessary, the
National Instant Check System. The
sheriff shall also make a reasonable effort to check other available and
relevant federal, state, or local record keeping systems. The sheriff must obtain
commitment information from the commissioner of human services as provided in
section 245.041 or, if the information is reasonably available, as
provided by a similar statute from another state.
(b) When an application for a permit is filed under this
section, the sheriff must notify the chief of police, if any, of the
municipality where the applicant resides.
The police chief may provide the sheriff with any information
relevant to the issuance of the permit.
(c) The sheriff must conduct a background check by means of
electronic data transfer on a permit holder through the Minnesota
Crime Information System and, to the extent necessary, the National
Instant Check System at least yearly to ensure continuing
eligibility. The sheriff may conduct
additional background checks by means of electronic data transfer on a
permit holder at any time during the period that a permit is in effect.
Sec. 9. Minnesota
Statutes 2002, section 624.714, subdivision 6, is amended to read:
Subd. 6. [FAILURE TO
GRANT GRANTING AND DENIAL OF PERMITS.] (a) The sheriff must,
within 15 business days after the date of receipt of the application
packet described in subdivision 3:
(1) issue the permit to carry;
(2) deny the application for a permit to carry solely on
the grounds that the applicant failed to qualify under the criteria
described in subdivision 2, paragraph (b); or
(3) deny the application on the grounds that there exists a
substantial likelihood that the applicant is dangerous to the public
if authorized to carry a pistol under a permit.
(b) Failure of the chief police officer or the county
sheriff to deny the application or issue a permit to carry a pistol
notify the applicant of the denial of the application within 21 15
business days of after the date of receipt of the
application shall be deemed to be a grant thereof. packet constitutes
issuance of the permit to carry and the sheriff must promptly fulfill
the requirements under paragraph (c).
To deny the application, the local police authority shall
sheriff must provide an the applicant with written
notification of a denial and the specific reason for factual
basis justifying the denial under paragraph (a), clause (2) or (3),
including the source of the factual basis. The sheriff must inform the applicant of the applicant's
right to submit, within 20 business days, any additional documentation
relating to the propriety of the denial.
A chief of police or a sheriff may charge a fee to cover the cost of
conducting a background check, not to exceed $10. The permit shall specify the activities for which it shall be
valid. Upon receiving any
additional documentation, the sheriff must reconsider the denial and
inform the applicant within 15 business days of the result of the
reconsideration. Any denial after
reconsideration must be in the same form and substance as the original
denial and must specifically address any continued deficiencies in light
of the additional documentation submitted by the applicant. The applicant must be informed of the right
to seek de novo review of the denial as provided in subdivision 12.
(c) Upon issuing a permit to carry, the sheriff must provide
a laminated permit card to the applicant by first class mail unless
personal delivery has been made. Within
five business days, the sheriff must submit the information specified
in subdivision 7, paragraph (a), to the commissioner of public safety
for inclusion solely in the database required under subdivision 15,
paragraph (a).
(d) Within five business days of
learning that a permit to carry has been suspended or revoked, the
sheriff must submit information to the commissioner of public safety
regarding the suspension or revocation for inclusion solely in the
databases required or permitted under subdivision 15.
(e) Notwithstanding paragraphs (a) to (c), the sheriff may
suspend the application process if a charge is pending against the
applicant that, if resulting in conviction, will prohibit the applicant
from possessing a firearm.
Sec. 10. Minnesota Statutes
2002, section 624.714, subdivision 7, is amended to read:
Subd. 7. [PERMIT
CARD CONTENTS; EXPIRATION; RENEWAL.] Permits to carry a pistol issued
pursuant to this section shall expire after one year and shall thereafter be
renewed in the same manner and subject to the same provisions by which the
original permit was obtained, except that all renewed permits must comply with
the standards adopted by the commissioner of public safety under section
624.7161. (a) Permits to carry must be on an official,
standardized permit card adopted by the commissioner of public safety,
containing only the name, residence, and driver's license number or
state identification card number of the permit holder, if any.
(b) The permit card must also identify the issuing sheriff
and state the expiration date of the permit. The permit card must clearly display a notice that a
permit, if granted, is void and must be immediately returned to the
sheriff if the permit holder becomes prohibited by law from possessing a
firearm.
(c) A permit to carry a pistol issued under this section
expires four years after the date of issue.
It may be renewed in the same manner and under the same criteria
which the original permit was obtained, subject to the following procedures:
(1) no earlier than 90 days prior to the expiration date on
the permit, the permit holder may renew the permit by submitting to
the appropriate sheriff the application packet described in subdivision
3 and a renewal processing fee not to exceed the actual and reasonable
direct cost of processing the application or $30, whichever is
less. Of this amount, $5 must be
submitted to the commissioner of public safety and deposited into the
general fund. The sheriff must
process the renewal application in accordance with subdivisions 4 and 6;
and
(2) a permit holder who submits a renewal application packet
after the expiration date of the permit, but within 30 days after
expiration, may renew the permit as provided in clause (1) by paying an
additional late fee of $10.
(d) The renewal permit is effective beginning on the expiration
date of the prior permit to carry.
Sec. 11. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 7a.
[CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF PERMIT.] (a) Within 30
days after changing permanent address, or within 30 days of having lost
or destroyed the permit card, the permit holder must notify the issuing
sheriff of the change, loss, or destruction. Failure to provide notification as required by this
subdivision is a petty misdemeanor. The
fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in
violation of this paragraph is not subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder
may obtain a replacement permit card by paying $10 to the sheriff. The request for a replacement permit card
must be made on an official, standardized application adopted for this
purpose under section 624.7151, and, except in the case of an address
change, must include a notarized statement that the permit card has been
lost or destroyed.
Sec. 12.
Minnesota Statutes 2002, section 624.714, subdivision 8, is amended to
read:
Subd. 8. [PERMIT TO
CARRY VOIDED.] (a) The permit to carry shall be is void and
must be revoked at the time that the holder becomes prohibited by law
from possessing a pistol under section 624.713 firearm, in which
event the holder shall must return the permit card to the
issuing sheriff within five business days to the application
authority after the holder knows or should know that the holder
is a prohibited person. If a permit is
revoked under this subdivision, the sheriff must give notice to the permit
holder in writing in the same manner as a denial. Failure of the holder to return the permit within the five days
is a gross misdemeanor unless the court finds that the circumstances or the
physical or mental condition of the permit holder prevented the holder from
complying with the return requirement.
(b) When a permit holder is convicted of an offense that
prohibits the permit holder from possessing a firearm, the court must
revoke the permit and, if it is available, take possession of it and
send it to the issuing sheriff.
(c) The sheriff of the county where the application was submitted,
or of the county of the permit holder's current residence, may file a
petition with the district court therein, for an order revoking a permit
to carry on the grounds set forth in subdivision 6, paragraph (a),
clause (3). An order shall be issued
only if the sheriff meets the burden of proof and criteria set forth in
subdivision 12. If the court denies the
petition, the court must award the permit holder reasonable costs and
expenses, including attorney fees.
(d) A permit revocation must be promptly reported to the
issuing sheriff.
Sec. 13. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 8a.
[PROSECUTOR'S DUTY.] Whenever a person is charged with an
offense that would, upon conviction, prohibit the person from possessing
a firearm, the prosecuting attorney must ascertain whether the person is
a permit holder under this section.
If the person is a permit holder, the prosecutor must notify the
issuing sheriff that the person has been charged with a prohibiting
offense. The prosecutor must also
notify the sheriff of the final disposition of the case.
Sec. 14. Minnesota
Statutes 2002, section 624.714, subdivision 10, is amended to read:
Subd. 10. [FALSE
REPRESENTATIONS.] A person who gives or causes to be given any false material
information in applying for a permit to carry, knowing or having reason to know
the information is false, is guilty of a gross misdemeanor.
Sec. 15. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 11a.
[EMERGENCY ISSUANCE OF PERMITS.] A sheriff may immediately
issue an emergency permit to a person if the sheriff determines that the
person is in an emergency situation that may constitute an immediate
risk to the safety of the person or someone residing in the person's
household. A person seeking an emergency
permit must complete an application form and must sign an affidavit
describing the emergency situation. An
emergency permit applicant does not need to provide evidence of
training. An emergency permit is
valid for 30 days, may not be renewed, and may be revoked without a
hearing. No fee may be charged for an
emergency permit. An emergency permit
holder may seek a regular permit under subdivision 3 and is subject to
the other applicable provisions of this section.
Sec. 16. Minnesota
Statutes 2002, section 624.714, subdivision 12, is amended to read:
Subd. 12. [HEARING UPON
DENIAL OR REVOCATION.] (a) Any person aggrieved by denial or
revocation of a permit to carry may appeal no
later than 60 days following the filing of the petition for review. The court may not grant or deny any
relief before the completion of the hearing. The record of the hearing must be sealed. The matter the denial by petition
to the district court having jurisdiction over the county or municipality wherein
the notification or denial occurred where the application was submitted. The petition must list the sheriff as the
respondent. The district court must
hold a hearing at the earliest practicable date and in any event shall must be heard
de novo without a jury.
(b) The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the sheriff
establishes by clear and convincing evidence (1) that the applicant is
disqualified under the criteria described in subdivision 2, paragraph
(b), or (2) that there exists a substantial likelihood that the
applicant is dangerous to the public if authorized to carry a pistol
under a permit.
(c) The applicant's dangerousness to the public under paragraph
(b), clause (2), may only be established by the applicant's criminal or
noncriminal history, within the past three years, involving:
(1) behavioral incidents of violence that were contemporaneously
investigated and documented, not including incidents for which the
applicant was charged and acquitted;
(2) a condition of mental impairment. For purposes of this paragraph,
"mental impairment" means a "mentally ill person," "mentally
retarded person," or "a person mentally ill and dangerous to
the public" as those terms are defined in section 253B.02; or
(3) being listed on the criminal gang investigative data
system under section 299C.091.
(d) If an applicant is denied a permit on the grounds of
being dangerous to the public under paragraph (c), clause (3), the
person may challenge the denial, after disclosure under court
supervision of the reason for that listing, based on grounds that the
person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system according to
the criteria outlined in section 299C.091, subdivision 2, paragraph
(b); or
(3) has demonstrably withdrawn from the activities and associations
that led to inclusion in the data system.
(e) If the court grants a petition brought under paragraph
(a), the court must award the applicant or permit holder reasonable
costs and expenses including attorney fees.
Sec. 17. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 12a.
[SUSPENSION AS CONDITION OF RELEASE.] The district court may
order suspension of the application process for a permit or suspend the
permit of a permit holder as a condition of release pursuant to the same
criteria as the surrender of firearms under section 629.715. A permit suspension must be promptly
reported to the issuing sheriff. If
the permit holder has an out-of-state permit recognized under subdivision
16, the court must promptly report the suspension to the commissioner of
public safety for inclusion solely in the database under subdivision 15,
paragraph (a).
Sec. 18. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 14.
[RECORDS.] (a) A sheriff must not maintain records or data
collected, made, or held under this section concerning any applicant or
permit holder that are not necessary under this section to support a
permit that is outstanding or eligible for renewal under subdivision 7,
paragraph (b). Notwithstanding
section 138.163, sheriffs must completely purge all files and databases
by March 1 of each year to delete all information collected under this
section concerning all persons who are no longer current permit holders
or currently eligible to renew their permit.
(b)
Paragraph (a) does not apply to records or data concerning an applicant
or permit holder who has had a permit denied or revoked under the
criteria established in subdivision 2, paragraph (b), clause (1), or
subdivision 6, paragraph (a), clause (3), for a period of six years from
the date of the denial or revocation.
Sec. 19. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 15. [COMMISSIONER
OF PUBLIC SAFETY; CONTRACTS; DATABASE.] (a) The commissioner of public
safety must maintain an automated database of persons authorized to
carry pistols under this section that is available 24 hours a day, seven
days a week, to law enforcement agencies, including prosecutors carrying
out their duties under subdivision 8a, solely to verify the validity of
a permit.
(b) The commissioner of public safety may maintain a separate
automated database of denied applications for permits to carry and of
revoked permits that is available only to sheriffs performing their
duties under this section containing the date of, the statutory basis
for, and the initiating agency for any permit application denied or
permit revoked for a period of six years from the date of the denial or
revocation.
(c) The commissioner of public safety may contract with one
or more vendors to implement the commissioner's duties under this
section.
Sec. 20. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 16.
[RECOGNITION OF PERMITS FROM OTHER STATES.] (a) The
commissioner of public safety must annually establish and publish a list
of other states that have laws governing the issuance of permits to
carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state
not on the list may use the license or permit in this state subject to
the rights, privileges, and requirements of this section.
(b) Notwithstanding paragraph (a), no license or permit from
another state is valid in this state if the holder is or becomes
prohibited by law from possessing a firearm.
(c) Any sheriff or police chief may file a petition under
subdivision 12 seeking an order suspending or revoking an out-of-state
permit holder's authority to carry a pistol in this state on the grounds
set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the
petitioner meets the burden of proof and criteria set forth in
subdivision 12. If the court
denies the petition, the court must award the permit holder reasonable
costs and expenses including attorney fees. The petition may be filed in any county in the state where
a person holding a license or permit from another state can be found.
(d) The commissioner of public safety must, when necessary,
execute reciprocity agreements regarding carry permits with jurisdictions
whose carry permits are recognized under paragraph (c).
Sec. 21. Minnesota Statutes
2002, section 624.714, is amended by adding a subdivision to read:
Subd. 17.
[IMMUNITY.] Neither a sheriff, police chief, any employee of a
sheriff or police chief involved in the permit issuing process, nor any
certified instructor is liable for damages resulting or arising from
acts with a firearm committed by a permit holder, unless the person had
actual knowledge at the time the permit was issued or the instruction
was given that the applicant was prohibited by law from possessing a
firearm.
Sec. 22. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 18.
[MONITORING.] (a) By March 1, 2004, and each year thereafter,
the commissioner of public safety must report to the legislature on:
(1) the number of permits applied for, issued, suspended,
revoked, and denied, further categorized by the age, sex, and zip
code of the applicant or permit holder, since the previous submission,
and in total;
(2)
the number of permits currently valid;
(3) the specific reasons for each suspension, revocation,
and denial and the number of reversed, canceled, or corrected actions;
(4) the number of convictions and types of crimes committed
since the previous submission, and in total, by individuals with permits
including data as to whether a firearm lawfully carried solely by virtue
of a permit was actually used in furtherance of the crime;
(5) to the extent known or determinable, data on the lawful
and justifiable use of firearms by permit holders; and
(6) the status of the segregated funds reported to the commissioner
under subdivision 19.
(b) Sheriffs and police chiefs must supply the department
of public safety with the basic data the department requires to complete
the report under paragraph (a). Sheriffs and police chiefs may submit data classified as
private to the department of public safety under this paragraph.
(c) Copies of the report under paragraph (a) must be made
available to the public at the actual cost of duplication.
(d) Nothing contained in any provision of this section or
any other law requires or authorizes the registration, documentation,
collection, or providing of serial numbers or other data on firearms or
on firearms' owners.
Sec. 23. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 19. [USE
OF FEES.] Fees collected by sheriffs under this section and not
forwarded to the commissioner of public safety must be used only to pay
the direct costs of administering this section. Fee money may be used to pay the costs
of appeals of prevailing applicants or permit holders under subdivision
8, paragraph (c); subdivision 12, paragraph (e); and subdivision 16,
paragraph (c). The revenues must be
maintained in a segregated fund. By January
31 of each year, a sheriff must report to the commissioner on the
sheriff's segregated fund for the preceding calendar year, including
information regarding:
(1) nature and amount of revenues;
(2) nature and amount of expenditures; and
(3) nature and amount of balances.
Sec. 24. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 20. [SHORT
TITLE; CONSTRUCTION; SEVERABILITY.] This section may be cited as the
Minnesota Citizens' Personal Protection Act of 2003. The legislature of the state of Minnesota
recognizes and declares that the second amendment of the United States
Constitution guarantees the fundamental, individual right to keep and
bear arms. The provisions of this section
are declared to be necessary to accomplish compelling state interests in
regulation of those rights. The terms
of this section must be construed according to the compelling state interest
test. The invalidation of any provision
of this section shall not invalidate any other provision.
Sec. 25. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 21.
[EXCLUSIVITY.] This section sets forth the complete and
exclusive criteria and procedures for the issuance of permits to carry
and establishes their nature and scope.
No sheriff, police chief, governmental unit, or other person may
change, modify, or supplement these criteria or procedures, or limit
the exercise of a permit to carry.
Sec.
26. [624.7142] [CARRYING WHILE UNDER
THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.]
Subdivision 1.
[ACTS PROHIBITED.] A person may not carry a pistol on or about
the person's clothes or person in a public place:
(1) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(2) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1) and (4);
(3) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is listed
as a hazardous substance in rules adopted under section 182.655 and that
affects the nervous system, brain, or
muscles of the person so as
to impair the person's clearness of intellect or physical control;
(4) when the person is under the influence of alcohol;
(5) when the person's alcohol concentration is 0.10 or more;
or
(6) when the person's alcohol concentration is less than
0.10, but more than 0.04.
Subd. 2.
[ARREST.] A peace officer may arrest a person for a violation
under subdivision 1 without a warrant upon probable cause, without
regard to whether the violation was committed in the officer's presence.
Subd. 3.
[PRELIMINARY SCREENING TEST.] When an officer authorized under
subdivision 2 to make arrests has reason to believe that the person may
be violating or has violated subdivision 1, the officer may require the
person to provide a breath sample for a preliminary screening test using
a device approved by the commissioner of public safety for this purpose. The results of the preliminary screening
test must be used for the purpose of deciding whether an arrest should
be made under this section and whether to require the chemical tests
authorized in section 624.7143, but may not be used in any court action
except: (1) to prove that the test was
properly required of a person under section 624.7143, or (2) in a civil
action arising out of the use of the pistol. Following the preliminary screening test, additional tests
may be required of the person as provided under section 624.7143. A person who refuses a breath sample
is subject to the provisions of section 624.7143 unless, in compliance
with that section, the person submits to a blood, breath, or urine test
to determine the presence of alcohol or a controlled substance.
Subd. 4.
[EVIDENCE.] In a prosecution for a violation of subdivision 1,
the admission of evidence of the amount of alcohol or a controlled
substance in the person's blood, breath, or urine is governed by section
169A.45.
Subd. 5.
[SUSPENSION.] A person who is charged with a violation under
this section may have their authority to carry a pistol in a public
place on or about the person's clothes or person under the provisions of
a permit or otherwise suspended by the court as a condition of release.
Subd. 6.
[PENALTIES.] (a) A person who violates a prohibition under
subdivision 1, clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a gross
misdemeanor.
(b) A person who violates subdivision 1, clause (6), is guilty
of a petty misdemeanor. A second or
subsequent violation within a year of the first violation is a
misdemeanor.
(c) In addition to the penalty imposed under paragraph (a),
if a person violates subdivision 1, clauses (1) to (5), the person's
authority to carry a pistol in a public place on or about the person's
clothes or person under the provisions of a permit or otherwise is
revoked and the person may not reapply for a period of one year from the
date of conviction.
(d)
In addition to the penalty imposed under paragraph (b), if a person
violates subdivision 1, clause (6), as a petty misdemeanor the person's
authority to carry a pistol in a public place on or about the person's
clothes or person under the provisions of a permit or otherwise, is
suspended for 60 days from the date of judgment. If the person violates subdivision 1,
clause (6), as a misdemeanor, the period of suspension is for 180 days
from the date of conviction.
(e) Notwithstanding section 609.531, a firearm carried in
violation of subdivision 1, clause (6), is not subject to forfeiture.
Subd. 7.
[REPORTING.] Suspensions and revocations under this section
must be reported in the same manner as in section 624.714, subdivision
12a.
Sec. 27. [624.7143]
[CHEMICAL TESTING.]
Subdivision 1.
[MANDATORY CHEMICAL TESTING.] A person who carries a pistol in
a public place on or about the person's clothes or person is required,
subject to the provisions of this section, to take or submit to a test
of the person's blood, breath, or urine for the purpose of determining
the presence and amount of alcohol or a controlled substance. The test shall be administered at the
direction of an officer authorized to make arrests under section
624.7142. Taking or submitting to the
test is mandatory when requested by an officer who has probable cause
to believe the person was carrying a pistol in violation of section
624.7142, and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for
violating section 624.7142;
(2) the person has been involved while carrying a firearm
in a firearms-related accident resulting in property damage, personal
injury, or death;
(3) the person has refused to take the preliminary screening
test provided for in section 624.7142; or
(4) the screening test was administered and indicated an
alcohol concentration of 0.04 or more.
Subd. 2.
[PENALTIES; REFUSAL; REVOCATION.] (a) If a person refuses to
take a test required under subdivision 1, none must be given but the
officer shall report the refusal to the sheriff and to the authority
having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the incident occurred that gave rise to the test
demand and refusal. On certification
by the officer that probable cause existed to believe the person had
been carrying a pistol on or about the person's clothes or person in a
public place while under the influence of alcohol or a controlled
substance, and that the person refused to submit to testing, a court may
impose a civil penalty of $500 and may revoke the person's authority to
carry a pistol in a public place on or about the person's clothes or
person under the provisions of a permit or otherwise for a period of
one year from the date of the refusal.
The person shall be accorded notice and an opportunity to be
heard prior to imposition of the civil penalty or the revocation.
(b) Revocations under this
subdivision must be reported in the
same manner as in section 624.714, subdivision 12a.
Subd. 3. [RIGHTS
AND OBLIGATIONS.] At the time a test is requested, the person must be
informed that:
(1) Minnesota law requires a person to take a test to determine
if the person is under the influence of alcohol or a controlled
substance;
(2) if the person refuses to take the
test, the person is subject to a civil penalty of $500 and is prohibited
for a period of one year from carrying a pistol in a public place on
or about the person's clothes or person, as provided under subdivision
2; and
(3) that the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably
delay administration of the test or the person will be deemed to have
refused the test.
Subd. 4.
[REQUIREMENT OF BLOOD OR URINE TEST.] Notwithstanding subdivision 1,
if there is probable cause to believe there is impairment by a
controlled substance that is not subject to testing by a breath test, a
blood or urine test may be required even after a breath test has been
administered.
Subd. 5.
[CHEMICAL TESTS.] Chemical tests administered under this
section are governed by section 169A.51 in all aspects that are not
inconsistent with this section.
Sec. 28.
[APPROPRIATION.]
$....... is appropriated in fiscal year 2004 from the general
fund to the commissioner of public safety to implement the provisions of
sections 1 to 27.
Sec. 29. [GRANDFATHER
CLAUSE.]
Permits to carry pistols issued prior to the effective date
of sections 1 to 27 remain in effect and are valid under the terms of
issuance until the date of expiration applicable at the time of
issuance. However, a person holding a
permit that was issued prior to the effective date of sections 1 to 27
may nevertheless apply for a permit under the terms and conditions of
sections 1 to 27.
Sec. 30. [REVISOR'S
INSTRUCTION.]
In Minnesota Statutes, sections 624.713 to 624.717, the revisor
of statutes shall change the term "commissioner of public
safety" to "commissioner" wherever the term appears.
Sec. 31. [REPEALER.]
Minnesota Statutes 2002, section 624.714, subdivisions 1
and 5, are repealed.
Sec. 32. [EFFECTIVE
DATE.]
Sections 1 to 31 are effective 30 days after final enactment
and apply to crimes committed on or after that date, except that the
commissioner of public safety must promulgate the list required under
section 20 within 60 days of final enactment."
Delete the title and insert:
"A bill for an act relating to public safety; enacting the
Minnesota Citizens' Personal Protection Act of 2003; recognizing the inherent
right of law-abiding citizens to self-protection through the lawful use of
self-defense; providing a system under which responsible, competent adults can
exercise their right to self-protection by authorizing them to obtain a permit
to carry a pistol; providing criminal penalties; appropriating money; amending
Minnesota Statutes 2002, sections 609.66, subdivision 1d; 624.712, by adding a
subdivision; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624;
repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Judiciary Policy and Finance.
The report was adopted.
Holberg from the Committee on Civil Law to
which was referred:
H. F. No. 273, A bill for an act relating to legislation;
correcting erroneous, ambiguous, and omitted text and obsolete references;
eliminating certain redundant, conflicting, and superseded provisions; making
miscellaneous technical corrections to statutes and other laws; amending
Minnesota Statutes 2002, sections 3.85, subdivision 6; 4A.02; 12.37; 13.3806,
subdivision 4; 13.383, by adding a subdivision; 13.4963, subdivision 2;
13.4967, by adding a subdivision; 13.585, subdivision 2; 13.6905, by adding a
subdivision; 13.7191, subdivision 6; 13.871, subdivisions 5, 6; 14.03,
subdivision 2; 14.388; 37.03, subdivision 1; 40A.121; 50.14, subdivision 12;
60K.39, subdivision 1; 62A.27; 62Q.71; 69.021, subdivision 5; 69.041; 79.251,
subdivision 1; 79A.02, subdivision 1; 85.015, subdivisions 4, 10; 85.20,
subdivision 6; 103B.321, subdivision 1; 103G.245, subdivision 5; 116J.556; 144A.4605,
subdivision 4; 144E.41; 147A.01, subdivisions 18, 22; 147A.24, subdivision 2;
168.013, subdivision 1e; 168.61, subdivision 1; 211A.13; 221.021, subdivision
1; 221.0251, subdivision 1; 221.60, subdivision 1; 221.601, subdivision 1;
221.602, subdivisions 1, 2, 3; 222.63, subdivisions 1, 6; 222.86, subdivisions
1, 3; 237.075, subdivision 8; 244.13, subdivision 1; 256B.501, subdivision 11;
260B.163, subdivision 4; 260C.007, subdivision 5; 260C.175, subdivision 1;
270.67, subdivision 2; 270B.03, subdivision 6; 272.67, subdivision 1; 273.1106;
276A.09; 290.0802, subdivision 2; 290.9727, subdivision 3; 290.9728,
subdivision 2; 290.9729, subdivision 2; 297A.70, subdivision 7; 299F.40,
subdivision 1; 317A.443, subdivision 2; 322B.960, subdivision 4; 325E.26,
subdivision 4; 325G.34, subdivision 4; 327C.07, subdivision 7; 354A.31,
subdivisions 6, 7; 356.46, subdivision 1; 356.62; 365.46, subdivision 2;
379.05; 398A.04, subdivision 4; 412.021, subdivision 1; 412.091; 414.09,
subdivision 3; 465.81, subdivisions 1, 2; 465.82, subdivisions 1, 2; 465.84;
469.057, subdivisions 1, 2; 473.129, subdivision 5; 473F.13, subdivision 1;
473H.14; 487.17; 487.24; 488A.01, subdivision 5; 488A.03, subdivisions 11, 13;
488A.06, subdivisions 2, 3; 488A.11; 488A.18, subdivision 6; 488A.28; 491A.01,
subdivision 4; 515B.3-116; 557.09; 572A.015, subdivision 2; 572A.02,
subdivision 6; 572A.03, subdivision 5; 609.33, subdivision 6; 609.5317,
subdivisions 1, 3; Laws 1997, chapter 203, article 9, section 21, as amended;
repealing Minnesota Statutes 2002, sections 2.043; 2.053; 2.063; 2.073; 2.083;
2.093; 2.103; 2.113; 2.123; 2.133; 2.143; 2.153; 2.163; 2.173; 2.183; 2.193;
2.203; 2.213; 2.223; 2.233; 2.243; 2.253; 2.263; 2.273; 2.283; 2.293; 2.303;
2.313; 2.323; 2.333; 2.343; 2.353; 2.363; 2.373; 2.383; 2.393; 2.403; 2.413;
2.423; 2.433; 2.443; 2.453; 2.463; 2.473; 2.483; 2.493; 2.503; 2.513; 2.523;
2.533; 2.543; 2.553; 2.563; 2.573; 2.583; 2.593; 2.603; 2.613; 2.623; 2.633;
2.643; 2.653; 2.663; 2.673; 2.683; 2.693; 2.703; 2.742; 2.752; 2.762; 2.772;
2.782; 2;792; 2.802; 2.812; 221.121, subdivision 6g; 221.153, subdivision 3;
356.58; 572A.015, subdivision 1; 609.668, subdivision 7; Laws 1997, chapter
233, article 1, section 12; Laws 2000, chapter 395, section 13, subdivision 3;
Laws 2001, chapter 195, article 2, section 35; Laws 2002, chapter 223, section
25, subdivision 3; Laws 2002, chapter 243, section 2; Laws 2002, chapter 374,
article 8, section 2; Laws 2002, chapter 380, article 4, section 1; Laws 2002,
chapter 392, article 12, section 1; Minnesota Rules, parts 2200.0100;
2200.0200; 2200.0300; 2200.0400; 2200.0500; 2200.0600; 2200.0700; 2200.0800;
2200.0900; 2200.1000; 2200.1100; 2200.1200; 2200.1300; 2200.1400; 2200.1500;
2200.1600; 2200.1700; 2200.1800; 2200.1900; 2200.2000; 2200.2100; 2200.3100;
2200.3200; 2200.3300; 2200.3410; 2200.3500; 2200.3600; 2200.3700; 2200.3800;
2200.3900; 2200.4000; 2200.4100; 2200.4200; 2200.4300; 2200.4400; 2200.5000;
2200.5100; 2200.5200; 2200.5300; 2200.5310; 2200.5400; 2200.5500; 2200.6000;
2200.6100; 2200.6200; 2200.6300; 2200.6400; 2200.6500; 2200.6600; 2200.6700;
2200.6800; 2200.6900; 2200.7000; 2200.7100; 2200.7200; 2200.7300; 2200.7400;
2200.7500; 2200.7600; 2200.7700; 2200.7800; 2200.7900; 2200.8000; 2200.8100;
2200.8200; 2200.8300; 2200.8400; 2200.8500; 2200.9000; 2200.9100; 2200.9200;
2200.9300; 2200.9400; 2200.9500; 2200.9600; 2200.9700; 2200.9800; 2205.0100;
2205.0200; 2205.0300; 2205.0400; 2205.0500; 2205.0600; 2205.0700; 2205.0800;
2205.0900; 2205.1000; 2205.1100; 2205.1200; 2205.1300; 2205.1400; 2205.1500;
4830.6000; 4830.6100; 4830.6200; 4830.6300; 4830.6400; 6100.6000.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Boudreau from the Committee on Health and
Human Services Policy to which was referred:
H. F. No. 297, A bill for an act relating to health; directing
the commissioner of health not to adopt certain rules; repealing certain data
collection and research initiative provisions; amending Minnesota Statutes
2002, sections 43A.24, subdivision 2; 62J.04, subdivision 3; 62J.55; 270B.14,
subdivision 11; repealing Minnesota Statutes 2002, sections 13.717,
subdivisions 5, 6, 7, 8, 9; 62J.301; 62J.311; 62J.321; 62J.322; 62J.38;
62J.381; 62J.40; 62J.41; 62J.42; 62J.451; 62J.452; 144.335, subdivision 3b.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Governmental Operations and
Veterans Affairs Policy.
The report was adopted.
Sykora from the Committee on Education Policy to which was
referred:
H. F. No. 302, A bill for an act relating to education;
clarifying the date of school board organizational meetings; amending Minnesota
Statutes 2002, section 123B.14, subdivision 1.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 2, 93, 106, 162, 219, 273 and 302 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
DeLaForest introduced:
H. F. No. 368, A bill for an act relating to taxation; sales
and use; exempting the purchase of certain property used in constructing a fire
department facility in the city of Ham Lake; amending Minnesota Statutes 2002,
section 297A.71, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Erhardt introduced:
H. F. No. 369, A bill for an act relating to property taxes;
exempting noncommercial seasonal recreational property from the state property
tax; amending Minnesota Statutes 2002, section 275.025, subdivisions 1, 2, 4;
repealing Minnesota Statutes 2002, section 275.025, subdivision 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Erhardt introduced:
H. F. No. 370, A bill for an act relating to taxes; sales and
use tax; allowing a refund of sales tax related to bad debt losses of lender;
changing the dates for filing a deduction or refund claim on bad debt loss;
amending Minnesota Statutes 2002, sections 289A.40, subdivision 2; 289A.50, by
adding a subdivision; 297A.81.
The bill was read for the first time and referred to the
Committee on Taxes.
Dill, Rukavina, Peterson, Meslow and Blaine introduced:
H. F. No. 371, A bill for an act relating to towns; permitting
certain town officers to serve concurrently as firefighters; proposing coding
for new law in Minnesota Statutes, chapter 365.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Howes, Marquart and Paulsen introduced:
H. F. No. 372, A bill for an act relating to taxation;
providing a reduced class rate for certain property bordering public waters;
amending Minnesota Statutes 2002, section 273.13, subdivision 23.
The bill was read for the first time and referred to the
Committee on Taxes.
Nornes, Boudreau, Huntley and Otremba introduced:
H. F. No. 373, A bill for an act relating to occupations and
professions; removing the restriction of prescribing only topical legend drugs
by board certified optometrists; requiring that legend drugs be used as
included in optometry curricula; authorizing the prescription of controlled
substances; amending reporting requirement of health professionals to include
all legend drugs; requiring optometrists using legend drugs be held to the same
standards as physicians; amending Minnesota Statutes 2002, sections 147.111,
subdivision 4; 148.574; 148.575, subdivisions 1, 2; 148.576; 148.577; 151.37,
subdivision 11; 152.11, subdivision 2; 152.12, subdivisions 1, 4.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Sieben; Tingelstad; Rukavina; Sertich; Mahoney;
Johnson, S.; Lenczewski; Bernardy; Clark; Hausman; Thao; Kelliher; Larson;
Opatz; Slawik; Rhodes and Davnie introduced:
H. F. No. 374, A bill for an act relating to child safety;
prohibiting the sale and commercial use of certain cribs; providing enforcement;
proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Howes,
Kuisle, Ozment, Solberg, Rukavina, Sviggum, Sertich, Urdahl and Otremba
introduced:
H. F. No. 375, A bill for an act relating to local government;
providing procedures and criteria for municipal annexation of unincorporated
land; providing certain exceptions; amending Minnesota Statutes 2002, sections
414.011, subdivision 5; 414.031; 414.033, subdivision 2; 414.0335, subdivisions
1, 2; 414.035; 414.036; proposing coding for new law in Minnesota Statutes,
chapter 414.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Wilkin, Bradley, Huntley, Finstad and Brod introduced:
H. F. No. 376, A bill for an act relating to health; modifying
enrollee cost sharing provisions for health maintenance organizations; amending
Minnesota Statutes 2002, section 62D.095, subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Stang, Paulsen, Kelliher, Abeler, Solberg, Peterson and Davids
introduced:
H. F. No. 377, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
construction of the Children's Theatre Company renovation and expansion;
authorizing Hennepin county to undertake a program to provide certain
facilities.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Larson introduced:
H. F. No. 378, A bill for an act relating to adoption;
requiring a registered putative father to serve notice of a paternity action on
an interested party; amending Minnesota Statutes 2002, section 259.52,
subdivision 10.
The bill was read for the first time and referred to the
Committee on Civil Law.
Wardlow; Lesch; Johnson, J.; Rhodes and Heidgerken
introduced:
H. F. No. 379, A bill for an act relating to state government;
authorizing capital cost avoidance for guaranteed savings contracts; proposing
coding for new law in Minnesota Statutes, chapter 16C.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Smith; Murphy; Rhodes; Fuller; Blaine; Strachan; Eastlund;
Lipman; Anderson, J.; Soderstrom; Meslow and Powell introduced:
H. F. No. 380, A bill for an act relating to crime prevention;
requiring the commissioner of corrections to develop and report on a plan to
increase state correctional capacity.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Strachan;
Smith; Fuller; Blaine; Anderson, J.; Soderstrom; Meslow and Powell
introduced:
H. F. No. 381, A bill for an act relating to crime prevention;
eliminating the prohibition on double bunking inmates at custody level five and
six state correctional institutions; amending Minnesota Statutes 2002, section
243.53, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Smith; Murphy; Rhodes; Fuller; Blaine; Strachan; Lipman;
Anderson, J.; Soderstrom; Meslow and Powell introduced:
H. F. No. 382, A bill for an act relating to crime prevention;
making the collection of biological specimens from offenders for the purpose of
future DNA analysis permanent; amending Minnesota Statutes 2002, section
609.119.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Ozment; Erhardt; Tingelstad; Swenson; Anderson, I., and
Hackbarth introduced:
H. F. No. 383, A bill for an act relating to appropriations;
appropriating money for environmental and natural resources projects approved
by the legislative commission on Minnesota resources; amending Minnesota
Statutes 2002, sections 116P.09, subdivision 5; 116P.13, subdivision 1;
116P.14, subdivision 1.
The bill was read for the first time and referred to the Committee
on Environment and Natural Resources Finance.
Goodwin; Slawik; Koenen; Anderson, I.; Marquart; Thissen;
Dorn; Sieben; Carlson; Mahoney; Hilty; Nelson, M.; Entenza; Wasiluk;
Johnson, S.; Eken and Otremba introduced:
H. F. No. 384, A bill for an act relating to state government;
placing limits on use of consultants; making changes in laws governing
contracts, including contracts for professional or technical services; amending
Minnesota Statutes 2002, sections 16A.11, subdivision 3; 16C.05, subdivision 2,
by adding a subdivision; 16C.06, subdivision 1, by adding a subdivision;
16C.07; 16C.08, subdivisions 2, 3, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 16C.
The bill was read for the first time and referred to the
Committee on State Government Finance.
Fuller and Murphy introduced:
H. F. No. 385, A bill for an act relating to judiciary;
providing a gross misdemeanor penalty for fifth degree arson when the conduct
results in bodily harm to a person; updating the fine amount for a misdemeanor
penalty; amending Minnesota Statutes 2002, section 609.5632.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Holberg,
Pugh, Rhodes, Abeler, Solberg, Sieben, Paymar, Wasiluk, Davnie, Lenczewski,
Atkins and Latz introduced:
H. F. No. 386, A bill for an act relating to civil actions;
modifying the limitation period for civil actions for personal injury based on
childhood sexual abuse; amending Minnesota Statutes 2002, section 541.073.
The bill was read for the first time and referred to the
Committee on Civil Law.
Fuller and Lesch introduced:
H. F. No. 387, A bill for an act relating to crimes;
establishing staggered sentencing program for DWI offenders; modifying other
DWI-related provisions; amending Minnesota Statutes 2002, sections 169A.03,
subdivision 21, by adding a subdivision; 169A.20, subdivision 2; 169A.275,
subdivisions 3, 4, by adding a subdivision; 169A.40, subdivision 3; 169A.44;
169A.51, subdivision 5; 169A.54, subdivision 6; 169A.60, subdivisions 8, 13;
169A.63, subdivision 1; 609.135, subdivision 2; 629.471, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 169A.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Abeler, Tingelstad, DeLaForest, Goodwin and Hackbarth
introduced:
H. F. No. 388, A bill for an act relating to education finance;
defining a locally controlled process for establishing hazardous traffic
condition pupil transportation zones; authorizing a levy for certain hazardous
pupil transportation services; amending Minnesota Statutes 2002, sections
123B.88, by adding a subdivision; 123B.92, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education Finance.
Hornstein, Kelliher and Ellison introduced:
H. F. No. 389, A bill for an act relating to the city of
Minneapolis; providing for the establishment of certain positions in the
unclassified service of the city of Minneapolis by the Minneapolis city
council.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Erickson, Solberg, Haas, Buesgens and Nornes introduced:
H. F. No. 390, A bill for an act relating to elections;
eliminating the requirement for approval by the county auditor of an election
conducted by mail; amending Minnesota Statutes 2002, section 204B.46.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Olsen, S.;
Erickson; Solberg; Haas and Buesgens introduced:
H. F. No. 391, A bill for an act relating to elections;
providing for elections for school districts to convert from election of school
board members by election district to election at large; amending Minnesota
Statutes 2002, section 205A.12, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Fuller and Lesch introduced:
H. F. No. 392, A bill for an act relating to vehicle
forfeiture; clarifying and modifying certain definitions, standards, and
procedures for vehicle forfeitures associated with driving while impaired;
amending Minnesota Statutes 2002, sections 169A.60, subdivisions 1, 14;
169A.63, subdivisions 1, 2, 6, 7, 8, 9, 10, 11.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Goodwin introduced:
H. F. No. 393, A bill for an act relating to children;
providing for an advisory task force on placement of high-risk youth; requiring
a report.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Wardlow; Lesch; Johnson, J.; Rhodes; Buesgens; Otremba;
Heidgerken and Sykora introduced:
H. F. No. 394, A bill for an act relating to municipalities;
extending the maximum length of guaranteed energy savings contracts from ten to
15 years; amending Minnesota Statutes 2002, section 471.345, subdivision 13.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Abeler, Huntley, Lindner, Ellison, Tingelstad, Jaros, Nornes,
Pugh, Gunther, Walker, Walz, Rhodes, Cornish and Haas introduced:
H. F. No. 395, A bill for an act relating to drivers' licenses;
increasing and reallocating fees charged to reinstate revoked drivers'
licenses; amending Minnesota Statutes 2002, section 171.29, subdivision 2.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Nelson, P., introduced:
H. F. No. 396, A bill for an act relating to highways;
authorizing issuance of $6,800,000 in state trunk highway bonds for
construction of a new bridge on marked trunk highway 95.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Davids;
Hoppe; Urdahl; Anderson, J.; Hausman; Ozment; Cornish and Kelliher
introduced:
H. F. No. 397, A bill for an act relating to capital improvements;
funding for the RIM conservation reserve program.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Wasiluk, Wagenius and Thissen introduced:
H. F. No. 398, A bill for an act relating to commerce;
providing for portable fuel container spillage control; proposing coding for
new law in Minnesota Statutes, chapter 325E.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Kuisle, Lieder and Holberg introduced:
H. F. No. 399, A bill for an act relating to motor vehicles;
establishing procedures for authorization and issuance of special license
plates; proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Howes, Blaine, Lindgren, Walz and Fuller introduced:
H. F. No. 400, A bill for an act relating to natural resources;
appropriating money for the Mississippi headwaters board.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Rukavina and Huntley introduced:
H. F. No. 401, A bill for an act relating to health; requiring
the commissioner of health to seek federal approval for home delivery of WIC
supplemental foods.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Carlson, Davnie, Eken, Bernardy, Greiling, Biernat, Latz,
Slawik, Opatz, Pelowski, Goodwin, Mariani and Jaros introduced:
H. F. No. 402, A bill for an act relating to education;
providing for a principled pay practices system; appropriating money; amending
Minnesota Statutes 2002, section 122A.413; proposing coding for new law in
Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2002, sections
122A.414; 122A.415.
The bill was read for the first time and referred to the
Committee on Education Finance.
Solberg; Anderson, I., and Fuller
introduced:
H. F. No. 403, A bill for an act relating to the county of
Itasca; authorizing issuance of bonds for construction of a nursing home
facility.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Kelliher introduced:
H. F. No. 404, A bill for an act relating to retirement;
Minneapolis teachers retirement fund association; authorizing retroactive
qualified part-time teacher program coverage for the 2001-2002 school year for
an eligible teacher.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Erhardt introduced:
H. F. No. 405, A bill for an act relating to taxation;
property; extending the phase-out of limited market value; amending Minnesota
Statutes 2002, section 273.11, subdivision 1a.
The bill was read for the first time and referred to the
Committee on Taxes.
Erhardt introduced:
H. F. No. 406, A bill for an act relating to levy limits;
extending levy limits to taxes levied in 2003 and 2004; amending Minnesota
Statutes 2002, section 275.71, subdivisions 2, 4, 5.
The bill was read for the first time and referred to the
Committee on Taxes.
Howes, Tingelstad, Hackbarth, Kahn, Dill, Rhodes, Koenen,
Cornish, Hoppe, Solberg, Hilty, Wasiluk, Samuelson, Lindgren, Cox, Peterson,
Penas, Swenson, Strachan and Ozment introduced:
H. F. No. 407, A bill for an act relating to natural resources;
moving the Minnesota conservation corps to the friends of the Minnesota
conservation corps, an existing nonprofit corporation; transferring assets to
the Minnesota conservation corps; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2002,
sections 84.0887; 84.98; 84.99.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Mariani, Mahoney and Juhnke introduced:
H. F. No. 408, A bill for an act relating to education;
requiring recitation of the pledge of allegiance in all public schools;
providing for instruction in the proper etiquette, display, and respect of the
United States flag; amending Minnesota Statutes 2002, sections 121A.11, by
adding subdivisions; 124D.10, subdivision 8.
The bill was read for the first time and referred to the
Committee on Education Policy.
Anderson, I., introduced:
H. F. No. 409, A bill for
an act relating to state employees; requiring health coverage for state
employees to permit unrestricted choice of health care provider; amending Minnesota
Statutes 2002, section 43A.23, subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Abeler, Otremba, Samuelson, Nornes and Rhodes introduced:
H. F. No. 410, A bill for an act relating to human services;
requiring specialized Alzheimer's disease training; providing for certain
grants; requiring the development of nursing assistant training models;
expanding Alzheimer's disease training for family caregivers; appropriating
money; amending Minnesota Statutes 2002, sections 144A.04, by adding a
subdivision; 144A.38, by adding a subdivision; 144A.45, by adding a
subdivision; 144A.61, by adding a subdivision; 256B.0928; proposing coding for
new law in Minnesota Statutes, chapter 144D.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Boudreau, Wilkin, Samuelson, Bradley and Huntley introduced:
H. F. No. 411, A bill for an act relating to human services;
requiring the Minnesota board on aging to establish and administer a
prescription drug assistance program; transferring appropriations; amending
Minnesota Statutes 2002, section 256.975, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Abeler, Bradley, Rhodes, Huntley, Otremba and Paymar
introduced:
H. F. No. 412, A bill for an act relating to human services;
changing a council on disability provision; amending Minnesota Statutes 2002,
section 256.482, subdivision 8.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Samuelson, Bernardy, Goodwin, Tingelstad and Abeler introduced:
H. F. No. 413, A bill for an act relating to education;
authorizing a levy for independent school district No. 14, Fridley.
The bill was read for the first time and referred to the
Committee on Education Finance.
Cox; Hackbarth; Otremba; Ozment; Rhodes; Tingelstad; Hoppe;
Cornish; Kelliher; Nelson, P.; Finstad; Peterson; Harder; Magnus and
Swenson introduced:
H. F. No. 414, A bill for an act relating to natural resources;
updating soil and water conservation district law; changing requirements for
petitions and elections relating to soil and water conservation districts;
allowing counties the option to authorize soil and water conservation district
levies; adding soil and water conservation districts to the definition of
special taxing district; clarifying removal provisions for soil and water
conservation district supervisors;
amending Minnesota Statutes 2002, sections 103A.206; 103C.005; 103C.101,
subdivisions 6, 9, by adding a subdivision; 103C.201, subdivisions 1, 2, 5, 6,
7, 8; 103C.205; 103C.211; 103C.225, subdivisions 1, 3, 4, 8; 103C.305,
subdivision 1; 103C.311, subdivisions 1, 2; 103C.315, subdivisions 1, 2, 4, 5;
103C.331, subdivisions 11, 12, 16, 19, by adding a subdivision; 103C.401,
subdivisions 1, 2; 275.066; 351.14, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapter 103C; repealing Minnesota Statutes 2002, section
103C.301.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Borrell introduced:
H. F. No. 415, A bill for an act relating to the metropolitan
council; removing the city of Rockford from the jurisdiction of the
metropolitan council; amending Minnesota Statutes 2002, sections 473.121,
subdivision 2; 473.123, subdivision 3c.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Anderson, J.; Murphy; Strachan; Smith and Lesch
introduced:
H. F. No. 416, A bill for an act relating to crime prevention;
defining the crime of attempted manufacture of methamphetamine; prescribing
penalties; amending Minnesota Statutes 2002, section 152.021, subdivision 2a;
repealing Minnesota Statutes 2002, section 152.135, subdivision 4.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Pugh and Smith introduced:
H. F. No. 417, A bill for an act relating to family law;
changing certain procedures for removal of a child's residence from Minnesota;
amending Minnesota Statutes 2002, sections 518.1705, subdivision 7; 518.175,
subdivision 3; 518.18.
The bill was read for the first time and referred to the
Committee on Civil Law.
DeLaForest, Adolphson, Nornes and Walz introduced:
H. F. No. 418, A bill for an act relating to motor vehicles;
authorizing issuance of special "United We Stand" license plates;
creating a Minnesota antiterrorism account and requiring annual contributions
as a condition of using the special license plates; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Sykora, Abeler, Otremba, Boudreau and Bradley introduced:
H. F. No. 419, A bill for an act relating to human services;
changing child care licensing provisions; amending Minnesota Statutes 2002,
section 245A.14, subdivision 8.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Wasiluk and Slawik introduced:
H. F. No. 420, A bill for an act relating to human services
licensing; modifying requirements for location of adult foster care programs;
amending Minnesota Statutes 2002, section 245A.11, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Buesgens, Abrams, Heidgerken, Fuller, Severson, Nornes and
Marquart introduced:
H. F. No. 421, A bill for an act relating to taxation;
property; extending the valuation and tax deferment of open space to auto
racing tracks; amending Minnesota Statutes 2002, section 273.112, subdivision
3.
The bill was read for the first time and referred to the
Committee on Taxes.
Abeler, Juhnke, Wilkin and Swenson introduced:
H. F. No. 422, A bill for an act relating to education;
removing certain restrictions on distribution of staff development revenue;
amending Minnesota Statutes 2002, sections 122A.60, subdivisions 1, 3; 122A.61,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Education Finance.
Abeler introduced:
H. F. No. 423, A bill for an act relating to education finance;
reducing the required revenue reserved for staff development activities from
two percent to one percent of a district's basic general education revenue;
amending Minnesota Statutes 2002, section 122A.61, subdivision 1.
The bill was read for the first time and referred to the
Committee on Education Finance.
Nelson, C.; Seagren; Biernat; Demmer; Sykora; Erickson;
Borrell; Kuisle; Bradley and Brod introduced:
H. F. No. 424, A bill for an act relating to education;
revising charter school leave provisions; amending Minnesota Statutes 2002,
section 124D.10, subdivision 20.
The bill was read for the first time and referred to the
Committee on Education Policy.
Wasiluk, Lenczewski and Slawik introduced:
H. F. No. 425, A bill for an act relating to human services
licensing; modifying requirements for location of residential programs;
amending Minnesota Statutes 2002, section 245A.11, subdivision 4.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
MOTIONS AND RESOLUTIONS
Olsen, S., moved that the name of Bernardy be added as an
author on H. F. No. 120.
The motion prevailed.
Carlson moved that the name of Brod be added as an author on
H. F. No. 127. The
motion prevailed.
Sertich moved that the name of Sieben be added as an author on
H. F. No. 134. The
motion prevailed.
Seifert moved that the names of Koenen, Peterson and Erickson
be added as authors on H. F. No. 162. The motion prevailed.
Jaros moved that the name of Peterson be added as an author on
H. F. No. 178. The
motion prevailed.
Olsen, S., moved that the name of Bernardy be added as an
author on H. F. No. 202.
The motion prevailed.
Ellison moved that the name of Bernardy be added as an author
on H. F. No. 218. The
motion prevailed.
Rhodes moved that the name of Lesch be added as an author on
H. F. No. 232. The
motion prevailed.
Paulsen moved that the name of Nelson, P., be added as an
author on H. F. No. 250.
The motion prevailed.
Walz moved that the name of Abeler be added as an author on
H. F. No. 265. The
motion prevailed.
Penas moved that the name of Harder be added as an author on
H. F. No. 277. The
motion prevailed.
Lenczewski moved that the name of Slawik be added as an author
on H. F. No. 281. The
motion prevailed.
Beard moved that the names of Nelson, P., and Abeler be added
as authors on H. F. No. 282.
The motion prevailed.
Vandeveer moved that the names of Larson and Brod be added as
authors on H. F. No. 283.
The motion prevailed.
Dempsey moved that the name of Nelson, P., be added as an
author on H. F. No. 293.
The motion prevailed.
Eastlund moved that the names of Nelson, P., and Larson be
added as authors on H. F. No. 294. The motion prevailed.
Haas moved that the name of Larson be added as an author on
H. F. No. 297. The
motion prevailed.
Paymar moved that the name of Abeler be added as an author on
H. F. No. 309. The
motion prevailed.
Hackbarth moved that the name of Abeler be added as an author
on H. F. No. 316. The
motion prevailed.
Hackbarth moved that the name of Abeler be added as an author
on H. F. No. 317. The
motion prevailed.
Hackbarth moved that the names of McNamara and Abeler be added
as authors on H. F. No. 327.
The motion prevailed.
Sviggum
moved that the names of Nelson, P.; Harder and Abeler be added as authors on
H. F. No. 330. The
motion prevailed.
Howes moved that the name of Nornes be added as an author on
H. F. No. 331. The
motion prevailed.
Ozment moved that the name of Lenczewski be added as an author
on H. F. No. 336. The
motion prevailed.
Lindner moved that the names of Severson and Borrell be added
as authors on H. F. No. 341.
The motion prevailed.
Buesgens moved that the name of Strachan be added as an author
on H. F. No. 342. The
motion prevailed.
Greiling moved that the names of Davnie, Wasiluk, Clark,
Mahoney, Thissen, Kelliher and Larson be added as authors on
H. F. No. 345. The
motion prevailed.
Abeler moved that the name of Slawik be added as an author on
H. F. No. 346. The
motion prevailed.
Eastlund moved that the names of Erickson; Wardlow; Anderson,
J.; Nelson, P.; Nornes and Westerberg be added as authors on
H. F. No. 347. The
motion prevailed.
Kielkucki moved that the name of Westerberg be added as an
author on H. F. No. 348.
The motion prevailed.
Lieder moved that the names of Anderson, I.; Kelliher and
Westerberg be added as authors on H. F. No. 353. The motion prevailed.
Rukavina moved that the name of Clark be added as an author on
H. F. No. 357. The
motion prevailed.
Fuller moved that the name of Nornes be added as an author on
H. F. No. 364. The
motion prevailed.
Johnson, J., moved that the names of Wilkin and Westerberg be
added as authors on H. F. No. 365. The motion prevailed.
Howes moved that H. F. No. 39 be recalled from
the Committee on Environment and Natural Resources Policy and be re-referred to
the Committee on Health and Human Services Finance. The motion prevailed.
Walz moved that H. F. No. 265 be returned to its
author. The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the following appointments and changes in
committee assignments:
Health and Human Services Policy: Add the name of Powell.
Judiciary Policy and Finance:
Add the name of Powell.
Local Government and Metropolitan Affairs: Delete the name of Holberg.
Regulated Industries:
Add the name of Powell.
Ways and Means: Add the
name of Swenson.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Monday, February 17, 2003.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:00 p.m., Monday, February 17, 2003.
Edward
A. Burdick,
Chief Clerk, House of Representatives