Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 801

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

TWENTY-FIFTH DAY

 

Saint Paul, Minnesota, Thursday, March 10, 2005

 

 

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

 

Prayer was offered by the Reverend Ron Hemsworth, Faith Baptist Church and the Chaplain of the Sauk Centre Police Department, Sauk Centre, 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

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Hilstrom and Wagenius were excused.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 802

REPORTS OF CHIEF CLERK

 

S. F. No. 532 and H. F. No. 547, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Charron moved that the rules be so far suspended that S. F. No. 532 be substituted for H. F. No. 547 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 7, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

H. F. No. 248, relating to education finance; modifying a school district's percentage of students attending nonpublic school necessary to qualify for an exemption; creating a process to resolve a tuition obligation; converting referendum revenue authority for Common School District No. 815, Prinsburg; authorizing the school district to recertify its school levy for taxes payable in 2005.

 

 

Sincerely,

 

Tim Pawlenty

Governor


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 803

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2005 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2005

 

Date Filed

2005

 

262 4 10:30 a.m. March 7 March 7

225 5 10:47 a.m. March 7 March 7

685 6 10:35 a.m. March 7 March 7

234 7 10:33 a.m. March 7 March 7

248 8 10:33 a.m. March 7 March 7

 

 

Sincerely,

 

Mary Kiffmeyer

Secretary of State

 

 

REPORTS OF STANDING COMMITTEES

 

 

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

 

H. F. No. 12, A bill for an act relating to child labor; regulating the employment of minors in establishments where liquor is served or is consumed on the premises; proposing coding for new law in Minnesota Statutes, chapter 181A.

 

Reported the same back with the following amendments:

 

Page 1, lines 15 and 20, delete "busing or dishwashing" and insert "busing, dishwashing, or hosting"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 804

Olson from the Committee on Local Government to which was referred:

 

H. F. No. 34, A bill for an act relating to local government; excluding certain facilities from the Big Marine Park Reserve; providing for planned unit development zoning classification for certain facilities.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 88.44, is amended by adding a subdivision to read:

 

Subd. 2a. [LIMITATION ON CONDEMNATION.] No county may acquire property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families, by condemnation pursuant to subdivision 2.

 

Sec. 2. Minnesota Statutes 2004, section 103B.331, is amended by adding a subdivision to read:

 

Subd. 3a. [LIMITATION ON CONDEMNATION.] No county may acquire property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families, by condemnation pursuant to subdivision 3.

 

Sec. 3. Minnesota Statutes 2004, section 272.02, is amended by adding a subdivision to read:

 

Subd. 68. [CERTAIN RECREATIONAL PROPERTY FOR DISABLED VETERANS.] Real and personal property is exempt if it is located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities for disabled veterans and their families.

 

Sec. 4. Minnesota Statutes 2004, section 375.18, is amended by adding a subdivision to read:

 

Subd. 9a. [LIMITATION ON CONDEMNATION.] No county may acquire property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families, by condemnation pursuant to subdivision 9.

 

Sec. 5. Minnesota Statutes 2004, section 376.55, is amended by adding a subdivision to read:

 

Subd. 2a. [LIMITATION ON CONDEMNATION.] No county may acquire property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families, by condemnation pursuant to subdivision 2.

 

Sec. 6. Minnesota Statutes 2004, section 394.25, is amended by adding a subdivision to read:

 

Subd. 3d. [NONPROFIT RECREATIONAL PROPERTY FOR USE BY DISABLED VETERANS.] Property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities for disabled veterans and their families is a planned unit development district and a legal conforming use for purposes of zoning controls.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 805

Sec. 7. Minnesota Statutes 2004, section 398.32, is amended by adding a subdivision to read:

 

Subd. 1a. [LIMITATION ON CONDEMNATION.] No county may acquire property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families, by condemnation pursuant to subdivision 1.

 

Sec. 8. Minnesota Statutes 2004, section 462.357, is amended by adding a subdivision to read:

 

Subd. 1g. [NONPROFIT RECREATIONAL PROPERTY FOR USE BY DISABLED VETERANS.] Property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities for disabled veterans and their families is a planned unit development district and legal conforming use for purposes of zoning controls.

 

Sec. 9. Minnesota Statutes 2004, section 473.147, is amended by adding a subdivision to read:

 

Subd. 1a. [DISABLED VETERANS REST CAMP EXCLUDED FROM REGIONAL RECREATIONAL OPEN SPACE SYSTEM.] Property occupied by the Disabled Veterans Rest Camp on Big Marine Lake in Washington County is excluded from the regional recreational open space system.

 

Sec. 10. [RESTRICTIONS LIMITED.]

 

No county may take any action to encumber or restrict ingress or egress below levels permissible on January 1, 2005, to property located in a county in the metropolitan area with a population of less than 500,000, and owned or leased and operated by a nonprofit organization, and primarily used to provide recreational opportunities to disabled veterans and their families.

 

Sec. 11. [DISABLED VETERANS CAMP REQUIREMENTS.]

 

The Disabled Veterans Rest Camp on Big Marine Lake in Washington County (The Camp) must continue to develop and promote camp features and amenities for veterans who are disabled or have limited physical capabilities. The Camp, by terms of separate agreement, must offer Washington County the right of first refusal to purchase the rest camp property if a sale is ever contemplated and an easement is provided across the main Veterans Rest Camp road in order to provide a connection of the north and south areas of the park. The Camp shall modify its operating policies and procedures to include provisions for the regular rotation of the use of campsites, cabins, and parking spots for travel trailers, limiting the time that any one veteran can use the cabin and campsites, especially when there is a waiting list of veterans with service connected disabilities.

 

Sec. 12. [EFFECTIVE DATES.]

 

Section 3 is effective for assessment year 2005 and thereafter for taxes payable in 2006 and thereafter. Sections 1, 2, and 4 to 11, are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to local government; limiting certain condemnation powers in relation to certain properties used by veterans; providing a property tax exemption; providing zoning designations; excluding a property from the regional recreational open space system; establishing requirements for a veterans rest camp;


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 806

amending Minnesota Statutes 2004, sections 88.44, by adding a subdivision; 103B.331, by adding a subdivision; 272.02, by adding a subdivision; 375.18, by adding a subdivision; 376.55, by adding a subdivision; 394.25, by adding a subdivision; 398.32, by adding a subdivision; 462.357, by adding a subdivision; 473.147, by adding a subdivision."

 

 

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

 

The report was adopted.

 

 

Davids from the Committee on Agriculture and Rural Development to which was referred:

 

H. F. No. 560, A bill for an act relating to renewable fuel use by state departments; clarifying the state's policy of minimizing energy use and requiring renewable fuels wherever appropriate; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

Reported the same back with the following amendments:

 

Page 2, line 36, delete "may" and insert "must"

 

Page 3, line 1, after "legislature" insert "on February 1 of each year"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Bradley from the Committee on Health Policy and Finance to which was referred:

 

H. F. No. 651, A bill for an act relating to ambulance service licensees; providing for liability limits of nongovernment licensees; proposing coding for new law in Minnesota Statutes, chapter 144E.

 

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

 

The report was adopted.

 

 

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

 

H. F. No. 997, A bill for an act relating to financial institutions; authorizing a detached facility in Burns Township under certain conditions.

 

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

 

The report was adopted.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 807

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

 

H. F. No. 1081, A bill for an act relating to natural resources; modifying commercial fishing restrictions in infested waters; providing for a water recreation account; modifying expiration of certain committees; modifying disposition of certain unrefunded tax receipts; modifying terms of certain reports; eliminating commissioner approval of county expenditures of county timber receipts; amending Minnesota Statutes 2004, sections 84D.03, subdivision 4; 97A.055, subdivision 4b; 97A.4742, subdivision 4; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 86B.

 

Reported the same back with the following amendments:

 

Page 3, line 7, delete "and"

 

Page 3, line 9, before the period, insert "; and

 

(6) fees for permits issued to control or harvest aquatic plants other than wild rice under section 103G.615, subdivision 2"

 

Page 3, line 26, delete "and"

 

Page 3, line 27, delete "nonnative" and insert "invasive"

 

Page 3, line 28, delete "enforcement" and insert "implementation" and delete "nonnative" and insert "invasive"

 

Page 3, line 29, before the period, insert ", including control, public awareness, law enforcement, assessment and monitoring, management planning, and research; and

 

(5) for management of aquatic plants and the implementation of section 103G.615 as it pertains to aquatic plants, including plant removal permitting, control, public awareness, law enforcement, assessment and monitoring, management planning, and research"

 

Page 5, after line 33, insert:

 

"Sec. 5. Minnesota Statutes 2004, section 103G.615, subdivision 2, is amended to read:

 

Subd. 2. [FEES.] (a) The commissioner shall establish a fee schedule for permits to control or harvest aquatic plants other than wild rice. The fees must be set by rule, and section 16A.1283 does not apply. The fees may not exceed $750 per permit based upon the cost of receiving, processing, analyzing, and issuing the permit, and additional costs incurred after the application to inspect and monitor the activities authorized by the permit, and enforce aquatic plant management rules and permit requirements.

 

(b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each contiguous parcel of shoreline owned by an owner. This fee may not be charged for permits issued in connection with purple loosestrife control or lakewide Eurasian water milfoil control programs.

 

(c) A fee may not be charged to the state or a federal governmental agency applying for a permit.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 808

(d) The money received for the permits under this subdivision shall be deposited in the treasury and credited to the game and fish fund water recreation account."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, after the second "certain" insert "revenue and"

 

Page 1, line 10, after the third semicolon, insert "103G.615, subdivision 2;"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs.

 

The report was adopted.

 

 

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

 

H. F. No. 1109, A bill for an act relating to public safety; reviving and reenacting the board of firefighting training and education.

 

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

 

The report was adopted.

 

 

Erhardt from the Committee on Transportation to which was referred:

 

H. F. No. 1164, A bill for an act relating to traffic regulations; modifying provision governing the passing of a parked emergency vehicle; amending Minnesota Statutes 2004, section 169.18, subdivision 11.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 15 to 17 and insert:

 

"(1) slow to a minimum of ten miles per hour less than the posted speed limit; or"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Davids from the Committee on Agriculture and Rural Development to which was referred:

 

H. F. No. 1205, A bill for an act relating to agriculture; defining a term; requiring certain payments; establishing a base funding level for rural economic development including ethanol producer payments; amending Minnesota Statutes 2004, section 41A.09, subdivisions 2a, 3a.

 

Reported the same back with the following amendments:


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 809

Page 2, line 1, delete "processing and marketing facilities" and insert "activities"

 

Page 4, line 34, delete "catch-up" and insert "deficiency"

 

 

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

 

The report was adopted.

 

 

Davids from the Committee on Agriculture and Rural Development to which was referred:

 

H. F. No. 1389, A bill for an act relating to agriculture; clarifying the county agricultural society exemption from local zoning ordinances; amending Minnesota Statutes 2004, sections 38.01; 38.16.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1420, A bill for an act relating to state government; appropriating money for environmental, natural resources, agricultural, and economic development purposes; establishing and modifying certain programs; reorganizing environmental agencies; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2004, sections 15.01; 16A.125, subdivision 5; 17.03, subdivision 13; 17.117, by adding a subdivision; 18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31, subdivision 5; 18B.315, subdivision 6; 18B.32, subdivision 6; 18B.33, subdivision 7; 18B.34, subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03, subdivision 2; 18G.10, subdivisions 5, 7; 18H.07, subdivisions 1, 2, 3; 19.64, subdivision 1; 25.341, subdivision 2; 25.39, subdivisions 1, 4; 60A.14, subdivision 1; 60K.55, subdivision 2; 72B.04, subdivision 10; 82B.09, subdivision 1; 84.631; 85.052, subdivision 4; 85.055, subdivision 2, by adding a subdivision; 85.42; 89.039, subdivision 1; 89.37, by adding a subdivision; 93.22, subdivision 1; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision 6; 103G.301, subdivision 2; 103I.681, subdivision 11; 115A.06, subdivision 5; 115A.07, subdivision 1; 115A.15, subdivision 7; 115A.38, subdivision 1; 116.03, subdivision 1; 116.07, subdivision 4b; 116C.779, subdivision 2; 116J.551, subdivision 1; 116J.63, subdivision 2; 116J.8731, subdivision 5; 168.1296, subdivision 1; 183.41, by adding a subdivision; 183.411, subdivisions 2a, 3; 183.42; 183.44, subdivision 1; 183.51, subdivision 2, by adding a subdivision; 183.545; 183.57; 216C.41, subdivisions 2, 5, 5a; 223.17, subdivision 3; 231.16; 232.22, subdivision 3; 236.02, subdivision 4; 282.09, by adding a subdivision; 297H.13, subdivision 2; 326.975, subdivision 1; 345.47, subdivisions 3, 3a; 373.40, subdivisions 1, 3; 462A.05, subdivision 3a; 462A.33, subdivision 2; 473.846; 517.08, subdivisions 1b, 1c; proposing coding for new law in Minnesota Statutes, chapters 25; 45; 84; 92; 93; 116; 477A; repealing Minnesota Statutes 2004, sections 18B.065, subdivision 5; 19.64, subdivision 4a; 45.0295; 84.901; 115A.03, subdivisions 8a, 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 115D.03, subdivision 4; 116.02, subdivision 5; 116.04; 116J.58, subdivision 3; 462C.15; 473.801, subdivision 6.

 

Reported the same back with the following amendments:


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Page 34, after line 28, insert:

 

"The board has authority to receive and expend money to acquire conservation easements, as defined in Minnesota Statutes, chapter 84C, on behalf of the state and federal government, consistent with the Camp Ripley's Army Compatible Use Buffer Project."

 

 

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

 

The report was adopted.

 

 

Bradley from the Committee on Health Policy and Finance to which was referred:

 

H. F. No. 1464, A bill for an act relating to civil actions; reforming medical malpractice liability; proposing coding for new law in Minnesota Statutes, chapters 147; 604.

 

Reported the same back with the following amendments:

 

Pages 1 to 4, delete sections 1 and 2 and insert:

 

"Section 1. [604.111] [EMERGENCY HEALTH CARE AND OB/GYN ACTIONS; LIMITS ON DAMAGES.]

 

Subdivision 1. [DEFINITIONS.] (a) For the purposes of this section, the terms in paragraphs (b) to (d) have the meanings given them.

 

(b) "Economic loss" means all harm for which damages are recoverable, other than noneconomic losses.

 

(c) "Health care provider" has the meaning given in section 541.076, paragraph (a), except that health care provider also includes a physician assistant registered under chapter 147A and ambulance services, medical directors, and personnel regulated under chapter 144E.

 

(d) "Noneconomic loss" means all nonpecuniary harm for which damages are recoverable, including, but not limited to, pain, disability, disfigurement, embarrassment, emotional distress, and loss of consortium.

 

Subd. 2. [LIMITATION.] (a) In an action for injury or death against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based in contract or tort, in which the health care services at issue were provided for:

 

(1) pregnancy or labor and delivery, including the immediate postpartum period; or

 

(2) emergency care in the emergency room of a hospital;

 

the amount of damages awarded for noneconomic losses must not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence.


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(b) The limitation imposed by this subdivision must not be disclosed to the trier of fact by any person at trial.

 

Subd. 3. [FINDINGS.] (a) A court in an action tried without a jury shall make a finding as to noneconomic loss without regard to the limit under subdivision 2. If noneconomic loss in excess of the limit is found, the court shall make any reduction required under this section and shall award as damages for noneconomic loss the lesser of the reduced amount or the limit.

 

(b) If an action is before a jury, the jury shall make a finding as to noneconomic loss without regard to the limit under subdivision 2. If the jury finds that noneconomic loss exceeds the limit, the court shall make any reduction required under this section and shall award as damages for noneconomic loss the lesser of the reduced amount or the limit.

 

Subd. 4. [PUNITIVE DAMAGES LIMITED.] Punitive, exemplary, and similar damages recoverable against a health care provider in a cause of action described in subdivision 2 must not exceed $250,000. The jury must not be informed of this limitation.

 

Subd. 5. [EXCESSIVE ATTORNEY FEES PROHIBITED.] (a) Attorney fees payable by a plaintiff in any cause of action referred to in subdivision 2 must not exceed the following percentage of damages:

 

(1) 40 percent of the first $50,000;

 

(2) 33-1/3 percent of the next $50,000;

 

(3) 25 percent of the next $500,000; plus

 

(4) 15 percent of that portion of damages that exceeds $600,000.

 

(b) This subdivision applies to the net damages actually recovered by that plaintiff under the cause of action, whether through settlement, alternative dispute resolution, court judgment, or otherwise. "Net damages actually recovered" means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorney's office overhead costs or charges for legal services are not deductible disbursements of costs for such purpose.

 

(c) A fee agreement that violates this subdivision is void and unenforceable, to the extent of the violation.

 

Subd. 6. [INTENTIONAL DISCRIMINATORY DENIAL OF TREATMENT.] Except for the purposes of subdivision 5, an action described in subdivision 2 shall not be construed to include any claim in a civil action that is based solely on intentional denial of medical treatment that a patient is otherwise qualified to receive, against the wishes of a patient, or, if the patient is incompetent, against the wishes of the patient's guardian, on the basis of the patient's present or predicted age, disability, degree of medical dependency, or quality of life.

 

Sec. 2. [MEDICAL MALPRACTICE INSURANCE REPORT.]

 

(a) The commissioner of commerce shall provide to the legislature, no later than March 1 of each year, a brief written report on the status of the market for medical malpractice insurance in Minnesota. The report must summarize, interpret, explain, and analyze information on that subject available to the commissioner, through annual statements filed by insurance companies, information obtained under paragraph (c), and other sources.


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(b) The annual report must consider, to the extent possible, Minnesota-specific data on market shares; premiums received; amounts paid to settle claims that were not litigated, claims that were settled after litigation began, and claims that were litigated to court judgment; amounts spent on processing, investigation, litigation, and otherwise handling claims; other sales and administrative costs; and the loss ratios of the insurers.

 

(c) Each insurance company that provides medical malpractice insurance in this state shall, no later than February 1 of each year, file with the commissioner of commerce, on a form prescribed by the commissioner, the Minnesota-specific data referenced in paragraph (b), other than market share, for the previous calendar year for that insurance company, shown separately for the categories of coverage provided to hospitals, medical clinics, nursing homes, emergency medicine physicians, and obstetrician-gynecologists. An insurance company need not comply with this paragraph if its direct premium written in the state for the previous calendar year is less than $2,000,000."

 

Page 4, delete line 14 and insert:

 

"Section 1 is effective August 1, 2005, and applies to"

 

Amend the title as follows:

 

Page 1, lines 2 and 3, delete "reforming medical malpractice liability" and insert "regulating the liability of certain health care providers for malpractice, error, mistake, or failure to cure; limiting certain fees and damages; requiring a medical malpractice insurance report"

 

Page 1, line 4, delete "chapters 147;" and insert "chapter"

 

 

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

 

The report was adopted.

 

 

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

 

S. F. No. 418, A bill for an act relating to public lands; authorizing alternative investments of county environmental trust fund deposits; amending Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended.

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 12, 560, 997, 1109, 1164 and 1389 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 532 and 418 were read for the second time.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 813

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Buesgens, Beard, Sviggum, Demmer, Erickson, Holberg, Powell, Wardlow, McNamara, Hoppe, Garofalo, Zellers, Sykora, Cybart, Marquart, Hackbarth, Heidgerken, Lanning, Dorman, Brod, Ozment, Dean, Emmer, Gunther, Severson, Cornish and Ruth introduced:

 

H. F. No. 1664, A bill for an act relating to gambling; providing for lottery gaming machines; authorizing the director of the State Lottery to contract for placement of gaming machines; establishing horse racing purse payments; imposing a tax on gaming machine and card club revenue; providing powers and duties to the director; authorizing blackjack and other card games; amending Minnesota Statutes 2004, sections 240.13, by adding a subdivision; 240.15, subdivision 1; 240.30, subdivision 8; 240.35, subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01, subdivision 10, by adding subdivisions; 349A.10, subdivision 3; 349A.13; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A.

 

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

 

 

Hackbarth; DeLaForest; Tingelstad; Johnson, S.; Zellers; Abeler; Westerberg; Vandeveer; Hoppe; Greiling; Simon; Smith; Abrams; Wagenius; Loeffler; Davnie; Kelliher; Walker; Kahn; Hausman; Larson; Wardlow; McNamara; Charron; Hansen; Sieben; Klinzing; Slawik; Mahoney; Entenza; Lesch; Latz; Ellison and Scalze introduced:

 

H. F. No. 1665, A bill for an act relating to appropriations; appropriating money for the operation and maintenance of the Metropolitan Regional Parks System.

 

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

 

 

Severson introduced:

 

H. F. No. 1666, A bill for an act relating to education; authorizing a fund transfer for Independent School District No. 738, Holdingford.

 

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

 

 

Beard; Erhardt; Johnson, R.; Ruth; Cox and Lieder introduced:

 

H. F. No. 1667, A bill for an act relating to highways; allowing ten-ton vehicle loading under certain circumstances; allowing seven-ton vehicle loading during spring weight restrictions under certain circumstances; amending Minnesota Statutes 2004, sections 169.823, subdivision 1; 169.87, subdivision 2.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 814

Lesch, Thao, Otremba, Lenczewski, Hausman and Hornstein introduced:

 

H. F. No. 1668, A bill for an act relating to health; providing for clinical trial registration; providing civil penalties; 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 Policy and Finance.

 

 

Wilkin, Atkins, Davids, Gunther, Kohls, Entenza and Gazelka introduced:

 

H. F. No. 1669, A bill for an act relating to insurance; regulating certain fees, rate filings, and policy renewals and alterations; regulating the collection of certain information; amending Minnesota Statutes 2004, sections 60A.08, subdivision 3; 60A.14, subdivision 1; 60A.171, subdivisions 1, 2; 60A.351; 60K.46, subdivision 7; 61A.02, subdivision 2, by adding a subdivision; 62A.02, subdivision 1; 70A.06, subdivision 1; 72A.501, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Statutes 2004, section 60A.171, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Abrams introduced:

 

H. F. No. 1670, A bill for an act relating to local government; modifying municipal planning requirements for certain nonconformities; amending Minnesota Statutes 2004, section 462.357, subdivision 1e.

 

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

 

 

Abrams introduced:

 

H. F. No. 1671, A bill for an act relating to transportation; authorizing bonding and appropriating money for highways and transit; modifying allocation of proceeds of motor vehicle sales tax; proposing an amendment to the Minnesota Constitution, article XIV, by adding sections; providing for the allocation of revenue of tax on sale of new and used motor vehicles; making technical and clarifying changes; amending Minnesota Statutes 2004, section 297B.09, subdivision 1.

 

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

 

 

Abrams introduced:

 

H. F. No. 1672, A bill for an act relating to traffic regulations; limiting parking in special van-only handicapped parking spaces to vans specially modified for handicapped persons; making clarifying and technical changes; imposing a penalty; amending Minnesota Statutes 2004, sections 169.345, subdivision 1; 169.346, subdivisions 1, 2.

 

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

 

 

Lanning, Penas, Otremba and Dill introduced:

 

H. F. No. 1673, A bill for an act relating to state government; appropriating money for the legislators' forum.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 815

Abeler, Carlson, Dempsey and Mariani introduced:

 

H. F. No. 1674, A bill for an act relating to higher education; providing tuition assistance to deaf individuals; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

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

 

 

Seifert and Finstad introduced:

 

H. F. No. 1675, A bill for an act relating to occupations; providing an exception for barber shop registration fees; amending Minnesota Statutes 2004, section 154.10, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Finstad introduced:

 

H. F. No. 1676, A bill for an act relating to education; increasing levy amount for certain capital levies; amending Minnesota Statutes 2004, section 126C.40, subdivision 1.

 

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

 

 

Cornish introduced:

 

H. F. No. 1677, A bill for an act relating to natural resources; providing for establishment and disposition of certain issuing fees and an electronic licensing system commission; creating an account; modifying issuance of snowmobile state trail stickers by agents; appropriating money; amending Minnesota Statutes 2004, sections 84.027, subdivision 15; 84.791, subdivision 2; 84.8205, subdivisions 3, 4, 6; 84.86, subdivision 1; 84.925, subdivision 1; 85.055, subdivision 2; 85.43; 88.6435, subdivision 4; 97A.485, subdivision 7; 97B.015, subdivision 7; 97B.025.

 

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

 

 

Westrom, Seifert, Cornish and Finstad introduced:

 

H. F. No. 1678, A bill for an act relating to property tax refunds; modifying the schedule for homeowners and renters; reducing the percent of rent constituting property taxes; amending Minnesota Statutes 2004, sections 290A.03, subdivisions 11, 13; 290A.04, subdivisions 2, 2a; repealing Minnesota Statutes 2004, section 290A.04, subdivision 4.

 

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

 

 

Westrom, Seifert, Cornish and Finstad introduced:

 

H. F. No. 1679, A bill for an act relating to property tax refunds; modifying the schedule for homeowners and renters; reducing the percent of rent constituting property taxes; amending Minnesota Statutes 2004, sections 290A.03, subdivisions 11, 13; 290A.04, subdivisions 2, 2a; repealing Minnesota Statutes 2004, section 290A.04, subdivision 4.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 816

Meslow, Demmer, Abeler, Greiling and Dorn introduced:

 

H. F. No. 1680, A bill for an act relating to education; providing for student access to licensed student support services.

 

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

 

 

Penas, Rukavina, Dill and Solberg introduced:

 

H. F. No. 1681, A bill for an act relating to natural resources; modifying requirements for forest classification for off-highway vehicles; amending Laws 2003, chapter 128, article 1, section 167, subdivision 1.

 

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

 

 

Eastlund; Juhnke; Olson; Nelson, P.; Penas; Erickson; Anderson, B.; Soderstrom; Blaine; Otremba; Heidgerken and Urdahl introduced:

 

H. F. No. 1682, A bill for an act relating to energy; expanding definition of qualified on-farm biogas recovery facility; amending Minnesota Statutes 2004, section 216C.41, subdivision 1.

 

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

 

 

Solberg introduced:

 

H. F. No. 1683, A bill for an act relating to natural resources; authorizing the acquisition of lakeshore with county environmental trust fund resources; amending Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended.

 

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

 

 

Gazelka introduced:

 

H. F. No. 1684, A bill for an act relating to Baxter; authorizing the city to impose a sales and use tax and issue general obligation bonds.

 

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

 

 

Moe, Carlson, Dill and Lieder introduced:

 

H. F. No. 1685, A bill for an act relating to education finance; restoring funding for the early childhood family education program; appropriating money; amending Minnesota Statutes 2004, section 124D.135, subdivision 1.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 817

Moe, Dill and Hortman introduced:

 

H. F. No. 1686, 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 2004, 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 Policy and Reform.

 

 

Moe; Peterson, S.; Carlson; Dill and Lieder introduced:

 

H. F. No. 1687, A bill for an act relating to education finance; authorizing transportation aid for school districts that provide full-day, every day kindergarten; amending Minnesota Statutes 2004, section 123B.92, by adding a subdivision.

 

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

 

 

Nelson, P.; Samuelson and Ruth introduced:

 

H. F. No. 1688, A bill for an act relating to the environment; creating the Clean Water Legacy Act; providing authority, direction, and funding to achieve and maintain water quality standards for Minnesota's surface waters in accordance with section 303(d) of the federal Clean Water Act; appropriating money; proposing coding for new law in Minnesota Statutes chapter 446A; proposing coding for new law as Minnesota Statutes, chapter 114D.

 

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

 

 

Simpson and Howes introduced:

 

H. F. No. 1689, A bill for an act relating to game and fish; authorizing the use of an optical scope for hunting with a muzzleloader; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2004, section 97B.031, subdivision 5.

 

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

 

 

Abrams, Krinkie, Atkins, Lenczewski and Lanning introduced:

 

H. F. No. 1690, A bill for an act relating to taxation; estate; modifying the definition of the taxable estate; increasing the exemption amount; allowing Minnesota qualified terminable interest property elections; amending Minnesota Statutes 2004, sections 291.005, subdivision 1; 291.03, subdivision 1, by adding subdivisions.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 818

Westrom; Juhnke; Peterson, A., and Heidgerken introduced:

 

H. F. No. 1691, A bill for an act relating to taxation; extending the construction date requirement applicable to a property tax exemption for a biomass electric generation facility; extending the duration of a sales tax exemption on construction materials for a biomass electric generation facility; amending Minnesota Statutes 2004, section 272.02, subdivision 47; Laws 2001, First Special Session chapter 5, article 12, section 67.

 

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

 

 

Peterson, N.; Rukavina; Kahn and Dempsey introduced:

 

H. F. No. 1692, A bill for an act relating to state government; regulating compensation plans of the State Board of Investment; amending Minnesota Statutes 2004, sections 11A.04; 11A.07, subdivision 4; 15A.0815, subdivision 2; 43A.18, by adding a subdivision.

 

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

 

 

Thao and Johnson, S., introduced:

 

H. F. No. 1693, A bill for an act relating to public safety; crime prevention; appropriating money to the commissioner of public safety to fund a grant to the St. Paul Police Department's Special Investigation Unit's Asian Gang Task Force.

 

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

 

 

Thao; Mahoney; Meslow; Johnson, S., and Hausman introduced:

 

H. F. No. 1694, A bill for an act relating to capital improvements; appropriating money for an Asian community center in St. Paul; authorizing state bonds.

 

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

 

 

Sykora; Sviggum; Greiling; Cybart; Marquart; Klinzing; Davnie; Mariani; Ruud; Dittrich; Scalze; Johnson, R.; Nornes; Simpson and Garofalo introduced:

 

H. F. No. 1695, A bill for an act relating to higher education; changing the method for recommending regent candidates to the legislature; amending Minnesota Statutes 2004, section 137.0245, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 819

Sieben, Rukavina and Hansen introduced:

 

H. F. No. 1696, 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.

 

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

 

 

Dill, Ozment, Nornes and Rukavina introduced:

 

H. F. No. 1697, A bill for an act relating to higher education; authorizing transfer of funds from the mineral research account to the University of Minnesota Board of Regents; appropriating money.

 

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

 

 

Pelowski introduced:

 

H. F. No. 1698, A bill for an act relating to the port authority of Winona; extending the duration of a tax increment district.

 

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

 

 

Cox introduced:

 

H. F. No. 1699, A bill for an act relating to human services; allowing a licensing change in Scott County to an existing ICF/MR; amending Minnesota Statutes 2004, section 252.28, by adding a subdivision.

 

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

 

 

Cox introduced:

 

H. F. No. 1700, A bill for an act relating to traffic regulations; imposing petty misdemeanor penalty for certain motor vehicle hit-and-run offenses; amending Minnesota Statutes 2004, section 169.09, by adding a subdivision.

 

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

 

 

Cox introduced:

 

H. F. No. 1701, A bill for an act relating to drivers' licenses; requiring certain applicants for license renewal to pass examinations; making clarifying changes; amending Minnesota Statutes 2004, section 171.13, subdivision 2.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 820

Smith, Mullery, Lieder, Murphy, Tingelstad, Beard, Davids, Juhnke, Entenza, Abeler, Hausman, Hosch, Hansen, Kelliher, Larson, Ozment, Cornish, Ruth, Lanning, Dorman, Rukavina, Soderstrom and Hornstein introduced:

 

H. F. No. 1702, A bill for an act relating to railroads; prohibiting railroad company from obstructing treatment of railroad worker injured on the job or from disciplining or threatening to discipline injured railroad employee for requesting treatment or first aid; proposing coding for new law in Minnesota Statutes, chapter 219.

 

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

 

 

Smith, Mullery, Lieder, Murphy, Tingelstad, Beard, Davids, Juhnke, Entenza, Abeler, Hausman, Hosch, Hansen, Kelliher, Larson, Ozment, Cornish, Ruth, Dorman, Rukavina, Soderstrom and Hornstein introduced:

 

H. F. No. 1703, A bill for an act relating to crimes; making it a crime for a railroad or a person employed by a railroad to obstruct the treatment of a railroad worker injured on the job or to discipline or threaten to discipline the railroad employee injured on the job for requesting treatment or first aid; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Demmer, Bradley, Welti, Liebling and Carlson introduced:

 

H. F. No. 1704, A bill for an act relating to education; increasing state limited English proficiency aid by including pupils with less than seven years of average daily memberships; amending Minnesota Statutes 2004, section 124D.59, subdivision 2.

 

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

 

 

Smith introduced:

 

H. F. No. 1705, A bill for an act relating to family law; reforming the law relating to marriage dissolution, child custody, child support, maintenance, and property division; making style and form changes; changing certain child support, residence change, and pension distribution provisions; classifying certain data; clarifying and improving certain procedures and support enforcement provisions; amending Minnesota Statutes 2004, sections 518.002; 518.003, subdivisions 1, 3; 518.005, subdivision 3; 518.01; 518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 518.09; 518.091, subdivision 1; 518.10; 518.11; 518.12; 518.13; 518.131; 518.14; 518.148; 518.155; 518.156; 518.157; 518.165; 518.166; 518.167, subdivisions 3, 4, 5; 518.168; 518.17; 518.1705, subdivisions 2, 6, 7, 9; 518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176; 518.177; 518.178; 518.179, subdivision 1; 518.18; 518.191, subdivision 1; 518.195, subdivisions 2, 3; 518.24; 518.25; 518.27; 518.54; 518.55; 518.551; 518.5513; 518.552; 518.553; 518.57; 518.575, subdivision 1; 518.58; 518.581; 518.582, subdivisions 1, 2; 518.5852; 518.5853; 518.61; 518.6111; 518.612; 518.614; 518.616; 518.617; 518.619; 518.64; 518.641; 518.646; 518.65; 519.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, section 518.171.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 821

Smith introduced:

 

H. F. No. 1706, A bill for an act relating to retirement; implementing the recommendations of the Volunteer Firefighter Relief Association working group of the state auditor; modifying the trigger date for filing financial reports; revising the per firefighter financing requirements for monthly benefit service pensions; modifying the options for crediting interest on deferred service pensions; clarifying the deferred service pension options available to defined contribution plans; providing for the crediting of service during military service leaves; requiring the amortization of experience losses; clarifying the compliance requirements for the qualification for fire state aid; modifying a limit on mutual fund investments; clarifying corporate stock and exchange-traded funds investment authority; modifying the municipal representation requirements on relief association governing boards; amending Minnesota Statutes 2004, sections 69.051, subdivisions 1, 1a; 69.771; 69.772, subdivisions 3, 4; 69.773, subdivisions 4, 5; 69.775; 356A.06, subdivision 7; 424A.02, subdivisions 3, 4, 7; 424A.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 424A.

 

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

 

 

Abeler and Dittrich introduced:

 

H. F. No. 1707, A bill for an act relating to alcoholic beverages; allowing sale of malt liquor under wine license issued to Lyric Arts Company for the Main Street Stage Theatre in Anoka; amending Laws 2000, chapter 440, section 10.

 

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

 

 

Krinkie, Holberg, Olson, Newman and Anderson, B., introduced:

 

H. F. No. 1708, A bill for an act relating to highways; providing for counties to contract with commissioner of transportation to maintain trunk highways; 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.

 

 

Lesch, Soderstrom, Hansen, Atkins, Sieben, Latz, Brod, Newman, Mahoney, Lillie, Bernardy and Peterson, S., introduced:

 

H. F. No. 1709, A bill for an act relating to crimes; modifying where sex offenders may reside upon release from confinement; amending Minnesota Statutes 2004, section 244.052, subdivision 4a.

 

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

 

 

Beard introduced:

 

H. F. No. 1710, A bill for an act relating to communications; creating a broadband revolving loan fund; proposing coding for new law in Minnesota Statutes, chapter 446A.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 822

Beard introduced:

 

H. F. No. 1711, A bill for an act relating to radioactive waste; imposing a fee for transportation of radioactive waste or material; amending Minnesota Statutes 2004, section 116C.731, subdivision 3.

 

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

 

 

Beard introduced:

 

H. F. No. 1712, A bill for an act relating to corrections; appropriating money for a Community Corrections Act subsidy for Scott County.

 

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

 

 

Krinkie introduced:

 

H. F. No. 1713, A bill for an act relating to sales tax; eliminating the sunset of a solar energy exemption; amending Minnesota Statutes 2004, section 297A.67, subdivision 29.

 

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

 

 

Kahn; Tingelstad; Walker; Seifert; Hosch; Hoppe; Johnson, R.; Lillie; Welti; Johnson, S.; Wardlow; Peterson, N.; Peterson, A.; Lieder; Fritz; Murphy; Hilty; Solberg; Kelliher; Davnie; Greiling; Mullery; Carlson; Pelowski; Mahoney; Hausman; Loeffler; Clark and Lenczewski introduced:

 

H. F. No. 1714, A bill for an act relating to state government; Department of Administration; requiring the design and construction of memorials to Coya Knutson on the Capitol grounds and in the city of Oklee; appropriating money.

 

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

 

 

Ellison introduced:

 

H. F. No. 1715, A bill for an act relating to the judiciary; expanding eligibility for expungements; amending Minnesota Statutes 2004, section 609A.02, by adding a subdivision; repealing Minnesota Statutes 2004, section 609A.02, subdivision 2.

 

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

 

 

Hamilton, Magnus and Samuelson introduced:

 

H. F. No. 1716, A bill for an act relating to human services; increasing the reimbursement rate for a nursing facility in Jackson County; amending Minnesota Statutes 2004, section 256B.434, by adding a subdivision.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 823

Emmer; Buesgens; Sykora; Johnson, J.; Erickson and Dean introduced:

 

H. F. No. 1717, A bill for an act relating to education; requiring persons under 18 years of age to attend school as a requirement for possessing a driver's permit or license; amending Minnesota Statutes 2004, sections 13.32, subdivisions 1, 3, 8, 9; 171.04, subdivision 1; 171.05, subdivisions 2, 2b, 3; 260A.03; proposing coding for new law in Minnesota Statutes, chapters 120A; 171.

 

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

 

 

Demmer and Erickson introduced:

 

H. F. No. 1718, A bill for an act relating to education; prohibiting school board from contracting to limit superintendent authority to assign teachers and administrators; providing for school district superintendent authority to assign teachers and administrators; amending Minnesota Statutes 2004, sections 123B.09, subdivision 8; 123B.143, subdivision 1.

 

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

 

 

Klinzing, Paulsen, Erickson, Sykora, Buesgens and Dean introduced:

 

H. F. No. 1719, A bill for an act relating to education; providing for high school reform; providing for an educational planning and assessment program, advanced placement and international baccalaureate examination fees and teacher stipends, and a college-level examination program; replacing the basic skills tests with the Minnesota Comprehensive Assessments; appropriating money; amending Minnesota Statutes 2004, sections 120B.02; 120B.13, subdivisions 1, 3, by adding subdivisions; 120B.30, subdivisions 1, 1a; 124D.66, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

Holberg, Meslow, Atkins, Severson and Brod introduced:

 

H. F. No. 1720, A bill for an act relating to civil actions; modifying the limitation period for civil actions for personal injury based on sexual abuse; amending Minnesota Statutes 2004, section 541.073.

 

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

 

 

Paulsen, Smith, Cornish and Hilstrom introduced:

 

H. F. No. 1721, A bill for an act relating to public employers; modifying public employer reimbursement for compensation paid to certain firefighters and peace officers; creating a panel to evaluate claims; amending Minnesota Statutes 2004, sections 214.04, subdivision 1; 299A.465, subdivision 4, by adding subdivisions.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 824

Mullery introduced:

 

H. F. No. 1722, A bill for an act relating to employment; barring certain employers from bidding on state contracts; requiring construction employers to develop and implement written safety and health plans for each construction project; providing civil and criminal penalties; amending Minnesota Statutes 2004, sections 182.651, by adding subdivisions; 182.66, subdivision 1; 182.666, subdivisions 1, 2, 2a, 3; 182.667, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16C; 182.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Mullery introduced:

 

H. F. No. 1723, A bill for an act relating to public safety; establishing the crime of providing false information to law enforcement; amending Minnesota Statutes 2004, section 609.505.

 

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

 

 

Mullery and Clark introduced:

 

H. F. No. 1724, A bill for an act relating to public safety; requiring indeterminate life sentences for certain egregious first degree criminal sexual conduct offenses; requiring indeterminate life sentences for repeat sex offenses; creating the crime of sixth degree criminal sexual conduct; modifying the patterned sex offender sentencing law; making necessary technical and conforming statutory changes; directing the Sentencing Guidelines Commission to modify the Sentencing Guidelines; providing criminal penalties; amending Minnesota Statutes 2004, sections 14.03, subdivision 3; 243.166, subdivision 1; 244.05, subdivisions 4, 5, 6, 7; 244.052, subdivision 3; 609.108, subdivisions 1, 3, 4; 609.109, subdivisions 2, 5, 7; 609.117, subdivisions 1, 2; 609.1351; 609.341, by adding subdivisions; 609.342, subdivisions 2, 3; 609.343, subdivisions 2, 3; 609.344, subdivisions 2, 3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 609.348; 609.353; 631.045; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2004, section 609.108, subdivision 2.

 

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

 

 

Mullery introduced:

 

H. F. No. 1725, A bill for an act relating to criminal justice; providing that certain violent offenders consent to on-demand searches as a condition of being released on probation, supervised release, or parole; amending Minnesota Statutes 2004, sections 244.05, by adding a subdivision; 609.135, by adding a subdivision.

 

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

 

 

Blaine introduced:

 

H. F. No. 1726, A bill for an act relating to pesticides; removing the requirement that certain applicators keep records of pesticide applications; repealing Minnesota Statutes 2004, section 18B.37, subdivision 2.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 825

Beard; Sykora; Kahn; Severson; Johnson, J.; Paulsen and Kohls introduced:

 

H. F. No. 1727, A bill for an act relating to alcoholic beverages; authorizing off-sale wine licenses for supermarkets; amending Minnesota Statutes 2004, sections 340A.101, by adding a subdivision; 340A.408, subdivision 3; 340A.412, subdivision 3; 340A.413, subdivision 5; 340A.503, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

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

 

 

Beard; Thissen; Hoppe; Anderson, I.; Zellers; Larson; Gunther; Atkins and Powell introduced:

 

H. F. No. 1728, A bill for an act relating to telecommunications; providing for basic services regulation of telephone companies; proposing coding for new law in Minnesota Statutes, chapter 237.

 

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

 

 

Nornes, Hausman, Poppe, Mariani and Hortman introduced:

 

H. F. No. 1729, A bill for an act relating to the environment; providing for electronic waste recycling; proposing coding for new law as Minnesota Statutes, chapter 114D.

 

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

 

 

Beard, Erhardt, Lieder, Abeler, Entenza, Hausman, Gunther, Simpson, Ozment, Cox, Dempsey, Hansen, Sieben, Mullery, Rukavina, Juhnke, Hornstein, Goodwin and Tingelstad introduced:

 

H. F. No. 1730, A resolution memorializing the President and Congress to support Amtrak funding.

 

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

 

 

Lanning; Dorman; Lenczewski; Brod; Dill; Simpson; Johnson, S.; Jaros and Zellers introduced:

 

H. F. No. 1731, A bill for an act relating to taxation; providing an income tax credit for expenditures for historic structure rehabilitation; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Blaine and Marquart introduced:

 

H. F. No. 1732, A bill for an act relating to agriculture; changing certain loan provisions; establishing a loan program; changing certain livestock zoning regulations; paying for town road repairs; appropriating money; amending Minnesota Statutes 2004, sections 41B.046, subdivision 5; 41B.049, subdivision 2; 174.52, subdivisions 4, 5; 394.25, subdivision 3c; 462.355, subdivision 4; 462.358, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 41B; repealing Minnesota Statutes 2004, section 41B.046, subdivision 3.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 826

Kahn, Sieben, Abeler, Greiling, Davnie, Fritz, Murphy, Ruud, Carlson, Mahoney, Hausman, Loeffler, Clark, Lenczewski, Paymar, Huntley and Bernardy introduced:

 

H. F. No. 1733, A bill for an act relating to health; expanding the Adverse Health Care Events Reporting Act to include facility-acquired infection rates; amending Minnesota Statutes 2004, sections 144.7063, by adding a subdivision; 144.7065, subdivisions 1, 6, 8, by adding a subdivision; 144.7067.

 

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

 

 

Kahn, Mahoney, Hausman, Kelliher, Loeffler, Clark, Paymar, Huntley, Bernardy and Carlson introduced:

 

H. F. No. 1734, A bill for an act relating to health; establishing state policy for stem cell research; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 137; 145.

 

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

 

 

Erhardt; Lieder; Tingelstad; Hausman; Nornes; Beard; Nelson, P.; Hornstein; Cox; Larson; Lillie and Hortman introduced:

 

H. F. No. 1735, A bill for an act relating to transportation; imposing a sales tax within the metropolitan area with the proceeds dedicated to metropolitan transportation and transit improvements and services; providing for allocation of revenues for the motor vehicle sales tax; appropriating money; amending Minnesota Statutes 2004, section 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 174; proposing coding for new law as Minnesota Statutes, chapter 473J.

 

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

 

 

Dill introduced:

 

H. F. No. 1736, A bill for an act relating to state lands; authorizing public and private sales of certain tax-forfeited lands in St. Louis County.

 

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

 

 

Rukavina introduced:

 

H. F. No. 1737, A bill for an act relating to employment; regulating employee invention agreements; amending Minnesota Statutes 2004, section 181.78, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Murphy, Smith, Ozment, Wardlow and Thissen introduced:

 

H. F. No. 1738, A bill for an act relating to retirement; higher education individual retirement account plan; permitting up to five years to elect between defined benefit and defined contribution plan coverage; amending Minnesota Statutes 2004, section 354B.21, subdivisions 2, 3.

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 827

Peterson, S.; Welti; Simon; Lillie and Hortman introduced:

 

H. F. No. 1739, A bill for an act relating to education finance; restoring funding for limited English proficiency programs; amending Minnesota Statutes 2004, section 124D.59, subdivision 2.

 

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

 

 

Seifert introduced:

 

H. F. No. 1740, A bill for an act relating to crimes; eliminating a certain penalty; repealing Minnesota Statutes 2004, section 145.412, subdivision 1.

 

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

 

 

Thao, Wilkin, Bradley, Samuelson, Peppin, Dean, Finstad, Emmer, Abeler and Walker introduced:

 

H. F. No. 1741, A bill for an act relating to human services; modifying group residential housing supplemental rate for certain facilities; amending Minnesota Statutes 2004, section 256I.05, subdivision 1e.

 

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

 

 

Mullery introduced:

 

H. F. No. 1742, A bill for an act relating to public safety; requiring the commissioner of public safety to determine whether hunting licensees are ineligible to possess a firearm and, if so, to notify specified governmental officials; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 1268 and 1254.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 828

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1268, A bill for an act relating to veterans; eliminating a restriction on a veteran's preference provision; repealing Minnesota Statutes 2004, sections 43A.11, subdivision 2; 197.455, subdivision 3.

 

The bill was read for the first time.

 

Severson moved that S. F. No. 1268 and H. F. No. 685, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 1254, A bill for an act relating to veterans; designating the month of May each year as "Hire a Veteran Month" in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 10.

 

The bill was read for the first time.

 

Severson moved that S. F. No. 1254 and H. F. No. 1240, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

CONSENT CALENDAR

 

 

H. F. No. 925, A bill for an act relating to insurance; making federally conforming changes in Medicare-related coverage; providing financial solvency regulation for stand-alone Medicare Part D prescription drug plans; making related technical changes; amending Minnesota Statutes 2004, sections 62A.31, subdivisions 1f, 1k, 1n, 1s, 1t, 1u, 3, 4, 7; 62A.315; 62A.316; 62A.318; 62A.36, subdivision 1; 62L.12, subdivision 2; 62Q.01, subdivision 6; 256.9657, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

 

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 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 829

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 487, A bill for an act relating to state government; changing terminology for mentally retarded, mental retardation, physically handicapped, and similar terms.

 

 

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 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

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 Thursday, March 10, 2005:

 

H. F. No. 47; S. F. Nos. 75 and 1116; and H. F. No. 1036.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 830

CALENDAR FOR THE DAY

 

 

H. F. No. 1036 was reported to the House.

 

 

Seifert moved to amend H. F. No. 1036, the first engrossment, as follows:

 

Page 5, delete section 6

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1036, A bill for an act relating to state government; the Office of Administrative Hearings; providing state copies of Minnesota Rules to the office; regulating hearings and cases; providing rulemaking; assessing costs; amending Minnesota Statutes 2004, sections 14.47, subdivision 8; 14.50; 14.51; 14.53; 14.62, subdivision 2a.

 

 

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

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 831

S. F. No. 75 was reported to the House.

 

 

Peterson, N., moved to amend S. F. No. 75 as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 298, the first engrossment:

 

"Section 1. Minnesota Statutes 2004, section 221.171, subdivision 2, is amended to read:

 

Subd. 2. [EXCEPTION EXEMPTIONS; HOUSEHOLD GOODS.] (a) A person engaged in the transportation of household goods for the federal government or an agency of the federal government or the transportation of household goods for the state government or an agency of the state government where competitive bids are required by law is exempt from subdivision 1.

 

(b) A person engaged in the transportation of household goods at the request of a nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3) of the Internal Revenue Code is exempt from subdivision 1 when the transportation is in furtherance of the organization's charitable purpose. A person engaged in the transportation of household goods for a charitable organization may conduct the transportation without restriction to the geographic area the carrier is authorized to serve under section 221.121.

 

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

 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 75, A bill for an act relating to motor carriers; exempting household goods movers from fixed compensation requirement when doing certain charitable work; amending Minnesota Statutes 2004, section 221.171, subdivision 2.

 

 

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

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 832

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Speaker pro tempore Abrams called Paulsen to the Chair.

 

 

H. F. No. 47, A bill for an act relating to state aid to cities; correcting the calculation of city aid base; amending Minnesota Statutes 2004, section 477A.011, subdivision 36.

 

 

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 112 yeas and 20 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Sailer

Samuelson

Seifert

Sertich

Severson

Simpson

Smith

Soderstrom

Solberg

Sykora

Thao

Tingelstad

Urdahl

Vandeveer

Walker

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Atkins

Bernardy

Carlson

Dittrich

Dorn

Goodwin

Hansen

Hortman

Larson

Latz

Liebling

Nelson, M.

Peterson, S.

Ruud

Scalze

Sieben

Simon

Slawik

Thissen

Welti


 

 

The bill was passed and its title agreed to.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 833

Seifert moved that the remaining bill on the Calendar for the Day be continued. The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

Rukavina moved that the name of Kahn be added as an author on H. F. No. 48. The motion prevailed.

 

Davids moved that the name of Moe be added as an author on H. F. No. 517. The motion prevailed.

 

Urdahl moved that the name of Dittrich be added as an author on H. F. No. 724. The motion prevailed.

 

Mahoney moved that the name of Greiling be added as an author on H. F. No. 758. The motion prevailed.

 

Bradley moved that the name of Dill be added as an author on H. F. No. 775. The motion prevailed.

 

Sieben moved that her name be stricken as an author on H. F. No. 779. The motion prevailed.

 

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

 

Cox moved that the name of Samuelson be added as an author on H. F. No. 919. The motion prevailed.

 

Clark moved that the name of Lillie be added as an author on H. F. No. 949. The motion prevailed.

 

Wilkin moved that the names of Johnson, S., and Klinzing be added as authors on H. F. No. 980. The motion prevailed.

 

Clark moved that the name of Lillie be added as an author on H. F. No. 1098. The motion prevailed.

 

Seifert moved that the name of Lillie be added as an author on H. F. No. 1104. The motion prevailed.

 

Ruud moved that the name of Lillie be added as an author on H. F. No. 1121. The motion prevailed.

 

Fritz moved that the name of Lillie be added as an author on H. F. No. 1123. The motion prevailed.

 

Emmer moved that the name of Lillie be added as an author on H. F. No. 1131. The motion prevailed.

 

Hilstrom moved that the name of Lillie be added as an author on H. F. No. 1142. The motion prevailed.

 

Emmer moved that the name of Lillie be added as an author on H. F. No. 1143. The motion prevailed.

 

Demmer moved that the name of Lillie be added as an author on H. F. No. 1144. The motion prevailed.

 

Powell moved that the name of Lillie be added as an author on H. F. No. 1156. The motion prevailed.

 

Erickson moved that the name of Lillie be added as an author on H. F. No. 1166. The motion prevailed.

 

Meslow moved that the names of Scalze and Hansen be added as authors on H. F. No. 1183. The motion prevailed.

 

Davnie moved that the name of Lillie be added as an author on H. F. No. 1192. The motion prevailed.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 834

Carlson moved that the name of Lillie be added as an author on H. F. No. 1199. The motion prevailed.

 

Cybart moved that the name of Lillie be added as an author on H. F. No. 1200. The motion prevailed.

 

Cybart moved that the name of Lillie be added as an author on H. F. No. 1201. The motion prevailed.

 

Bradley moved that the name of Lillie be added as an author on H. F. No. 1421. The motion prevailed.

 

Ruud moved that her name be stricken as an author on H. F. No. 1505. The motion prevailed.

 

Gazelka moved that the names of Dill and Davids be added as authors on H. F. No. 1536. The motion prevailed.

 

Opatz moved that the names of Scalze and Moe be added as authors on H. F. No. 1554. The motion prevailed.

 

Scalze moved that the name of Moe be added as an author on H. F. No. 1589. The motion prevailed.

 

Sertich moved that the name of Moe be added as an author on H. F. No. 1597. The motion prevailed.

 

Solberg moved that the name of Moe be added as an author on H. F. No. 1600. The motion prevailed.

 

Hackbarth moved that the name of Moe be added as an author on H. F. No. 1605. The motion prevailed.

 

Lanning moved that the name of Johnson, R., be added as an author on H. F. No. 1611. The motion prevailed.

 

Hamilton moved that the names of Scalze and Moe be added as authors on H. F. No. 1612. The motion prevailed.

 

Larson moved that the name of Lillie be added as an author on H. F. No. 1632. The motion prevailed.

 

Larson moved that the name of Lillie be added as an author on H. F. No. 1633. The motion prevailed.

 

Magnus moved that the name of Lillie be added as an author on H. F. No. 1640. The motion prevailed.

 

Finstad moved that the name of Moe be added as an author on H. F. No. 1642. The motion prevailed.

 

Charron moved that the name of Lillie be added as an author on H. F. No. 1647. The motion prevailed.

 

Johnson, R., moved that the name of Poppe be added as an author on H. F. No. 1653. The motion prevailed.

 

Hoppe moved that H. F. No. 846 be recalled from the Committee on Education Policy and Reform and be re‑referred to the Committee on Civil Law and Elections. The motion prevailed.

 

Smith moved that H. F. No. 1109, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.

 

Zellers moved that H. F. No. 1406 be recalled from the Committee on Civil Law and Elections and be re-referred to the Committee on Health Policy and Finance. The motion prevailed.

 

Powell moved that H. F. No. 1555 be recalled from the Committee on Governmental Operations and Veterans Affairs and be re-referred to the Committee on Health Policy and Finance. The motion prevailed.


Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 835

Knoblach and Solberg introduced:

 

House Concurrent Resolution No. 2, A House concurrent resolution relating to the adoption of revenue targets under Minnesota Statutes 2004, section 16A.102, subdivision 2.

 

The concurrent resolution was referred to the Committee on Ways and Means.

 

 

ADJOURNMENT

 

Seifert moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 14, 2005. The motion prevailed.

 

Seifert moved that the House adjourn. The motion prevailed, and Speaker pro tempore Paulsen declared the House stands adjourned until 3:00 p.m., Monday, March 14, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 25th Day - Thursday, March 10, 2005 - Top of Page 836