Journal of the House - 74th Day - Thursday, March 16, 2006

A quorum was present.

Brod, Greiling, Huntley, Newman, Thissen and Sviggum were excused.

Latz was excused until 4:05 p.m.

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5330

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

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 14, 2006

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. 2623, relating to capital improvement; modifying certain appropriations.

Sincerely,

Tim Pawlenty

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2006 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5331

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2006

Date Filed

2006

2623 171 4:30 p.m. March 14 March 15

Sincerely,

Mary Kiffmeyer

Secretary of State

REPORTS OF STANDING COMMITTEES

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

H. F. No. 1443, A bill for an act relating to elections; requiring proof of citizenship as part of registration; requiring voters to provide picture identification; amending Minnesota Statutes 2004, sections 201.061, subdivisions 1, 3; 204C.10.

Reported the same back with the following amendments:

Page 4, after line 9, insert:

"Sec. 4. [204C.105] NO CHARGE FOR CERTAIN IDENTIFICATION.

The Department of Public Safety must provide at no charge a Minnesota identification card or Under-21 identification card as described in section 171.07, subdivision 3, to anyone eligible to vote who certifies a household income below the federal poverty level. If the individual applies for a driver's license and is eligible to vote, the department shall charge the fee designated in section 171.06, subdivision 2, for the appropriate class of driver's license, less the fee of $15.50 that would otherwise have been charged for the identification card but for this section."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "providing for the issuance of certain identification cards at no charge;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5332

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

H. F. No. 2341, A bill for an act relating to the legislature; changing provisions governing the Legislative Coordinating Commission and subordinate agencies; eliminating a commission; changing membership and operation of the Compensation Council; appropriating money; amending Minnesota Statutes 2004, sections 3.303, subdivision 3, by adding a subdivision; 3.85, subdivisions 8, 9; 15A.082, subdivisions 1, 2, 3; 216C.051, subdivision 6; repealing Minnesota Statutes 2004, sections 3.304, subdivisions 1, 5; 3.884.

Reported the same back with the following amendments:

Page 1, line 24, delete "7" and insert "8"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

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

H. F. No. 2514, A bill for an act relating to securities; enacting and modifying the 2002 Uniform Securities Act of the National Conference of Commissioners on Uniform State Laws; prescribing criminal penalties; amending Minnesota Statutes 2004, sections 60A.077, subdivision 9; 82.23; 82.43, subdivision 7; 144A.01, subdivision 4; 245A.02, subdivision 5a; 302A.011, subdivision 26; 302A.251, subdivision 4; 308A.505; 308B.465, subdivision 2; 322B.03, subdivision 43; 322B.663, subdivision 4; 356A.06, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 80A; repealing Minnesota Statutes 2004, sections 80A.01; 80A.02; 80A.03; 80A.04; 80A.041; 80A.05; 80A.06; 80A.07; 80A.08; 80A.09; 80A.10; 80A.11; 80A.115; 80A.12; 80A.122; 80A.125; 80A.13; 80A.14; 80A.15; 80A.16; 80A.17; 80A.18; 80A.19; 80A.22; 80A.23; 80A.24; 80A.25; 80A.26; 80A.27; 80A.28; 80A.29; 80A.30; 80A.31.

Reported the same back with the following amendments:

Page 2, delete lines 30 to 36

Page 3, delete line 1

Page 3, line 2, delete "(D) credit union" and insert "(C) a depository institution"

Page 3, line 4, delete "commissioner" and insert "administrator"

Page 3, line 5, delete "(E)" and insert "(D)"

Page 3, line 6, delete "(F)" and insert "(E)"

Page 12, line 25, delete the parenthesis

Page 12, delete lines 28 to 30 and insert "controlled by, or in common control with, such person, but does not include a person whose primary duties are ministerial or clerical."

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5333

Page 16, delete lines 3 to 33 and insert "offer or sale, an issuer of such a note, bond, debenture, or other evidence of indebtedness is required to file a notice specifying the material terms of the proposed offer or sale and copies of any proposed sales and advertising literature to be used together with the fee required by section 80A.65 and provided that this exemption shall be effective if the administrator does not disallow the exemption in writing within 15 days following the date of the notice filing."

Page 24, delete lines 2 to 36 and insert:

"(25)(A) the offer and sale by a cooperative organized under chapter 308A, or under the laws of another state, of its securities when the securities are offered and sold only to its members, or when the purchase of the securities is necessary or incidental to establishing membership in the cooperative, or when the securities are issued as patronage dividends. This paragraph applies to a cooperative organized under the laws of another state only if the cooperative has filed with the administrator a consent to service of process under section 80A.88 and has, not less than ten days before the issuance or delivery, furnished the administrator with a written general description of the transaction and any other information that the administrator requires by rule or otherwise;

(B) the offer and sale by a cooperative organized under chapter 308B of its securities when the securities are offered and sold to its existing members or when the purchase of the securities is necessary or incidental to establishing patron membership in the cooperative, or when such securities are issued as patronage dividends. The administrator has the power to define "patron membership" for purposes of this paragraph. This paragraph applies to securities, other than securities issued as patronage dividends, only when:

(i) the issuer, before the completion of the sale of the securities, provides each offeree or purchaser disclosure materials that, to the extent material to an understanding of the issuer, its business, and the securities being offered, substantially meet the disclosure conditions and limitations found in rule 502(b) of Regulation D promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, section 230.502; and

(ii) within 15 days after the completion of the first sale in each offering completed in reliance upon this exemption, the cooperative has filed with the administrator a consent to service of process under section 80A.88 (or has previously filed such a consent), and has furnished the administrator with a written general description of the transaction and any other information that the administrator requires by rule or otherwise; and

(C) a cooperative may, at or about the same time as offers or sales are being completed in reliance upon the exemptions from registration found in this subpart and as part of a common plan of financing, offer or sell its securities in reliance upon any other exemption from registration available under this chapter. The offer or sale of securities in reliance upon the exemptions found in this subpart will not be considered or deemed a part of or be integrated with any offer or sale of securities conducted by the cooperative in reliance upon any other exemption from registration available under this chapter, nor will offers or sales of securities by the cooperative in reliance upon any other exemption from registration available under this chapter be considered or deemed a part of or be integrated with any offer or sale conducted by the cooperative in reliance upon this paragraph."

Page 25, delete lines 1 to 17

Page 47, line 31, delete "or"

Page 47, after line 31, insert:

"(9) an individual who represents an issuer in effecting transactions in a security exempted by section 80A.45;

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5334

(10) an individual who represents an issuer in effecting transactions with existing employees, partners, or directors of the issuer if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state;

(11) an individual who represents one or more issuers with respect to an offer or sale of the issuer's securities if the offer or sale of the securities is exempted by section 80A.46 and the individual complies with or satisfies each of the following conditions:

(A) the individual (i) would not be deemed disqualified pursuant to section 80A.50 (b)(3)(D)(ii) to (iv); (ii) is not employed by or associated with a broker-dealer; and (iii) has not been the subject of (a) an action, order, or decision by any self-regulatory organization, commodities exchange, or securities exchange resulting in a censure or other sanction within 12 months prior to the offer or sale or (b) a denial, revocation, or restriction of any license or membership by any self-regulatory organization, commodities exchange, or securities exchange that has been effective at any time within 12 months prior to the offer or sale;

(B) neither the individual nor any person associated with the individual handles or takes possession of funds or securities;

(C) the individual files with the administrator a consent to service of process complying with Section 611 before commencing any such representation; and

(D) the individual files with the administrator a notice that contains (i) the full legal name, address, and phone of the individual; (ii) any other names used by the individual in the prior five years; (iii) a statement whether the individual is, or within the last prior years has been, licensed by or registered with any state or federal government, government agency, or any self-regulatory organization, commodities exchange, or securities exchange as a broker-dealer, registered representative, investment advisor, or investment advisor representative, including, if applicable, the individual's IARD/CRD number; (iv) an undertaking to notify the administrator in writing of a change in any of the foregoing within five business days of such change; and (v) any additional information that may be required by rule adopted or order issued under this chapter. This notice must be filed before the individual commences any issuer representation. The notice is effective through December 31 of the year following the year in which it is filed and may be renewed annually in such manner as prescribed by the administrator; and"

Page 47, line 32, delete "(9)" and insert "(12)"

Page 48, delete lines 23 to 26 and insert:

"(1) any person whose only clients in this state are:"

Page 55, lines 11, 12, 17, 28, 34, and 35, delete "commissioner" and insert "administrator"

Page 56, lines 2, 15, 20, 22, 27, and 33, delete "commissioner" and insert "administrator"

Page 57, lines 9, 11, 13, 17, 20, 21, and 28, delete "commissioner" and insert "administrator"

Page 57, line 16, delete "commissioner of commerce's" and insert "administrator's"

Page 57, line 30, delete the first "commissioner" and insert "administrator"

Page 59, line 29, delete "$......." and insert "$25,000"

Page 61, line 34, delete "not" and insert "up"

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5335

Page 61, delete line 35

Page 61, line 36, delete "for more than one violation" and insert "$10,000 for each violation"

Page 67, line 34, delete the first "the"

Page 69, line 24, delete "that" and insert "than"

Page 69, delete lines 25 to 28 and insert "$10,000 or imprisoned not more than five years or both. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any such offense does not bar prosecution or conviction for any other offense."

Page 73, line 1, delete the first "have"

Page 78, delete lines 16 to 17 and insert:

"(6) impose a civil penalty up to $10,000 for each violation; and"

Page 80, delete lines 18 to 19 and insert:

"(C) imposing a civil penalty up to $10,000 for each violation; an"

Page 82, line 6, delete everything after "to" and insert "$10,000 for each violation."

Page 82, delete line 7

Page 82, delete lines 29 to 30 and insert "contempt in an amount up to $10,000 for each violation and may grant any other relief"

Page 92, line 24, delete "January 1, 2006" and insert "August 1, 2007"

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.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 2677, A bill for an act relating to local government; authorizing towns to contract without competitive bidding in certain circumstances; amending Minnesota Statutes 2004, section 471.345, by adding a subdivision.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.

The report was adopted.

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5336

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

H. F. No. 2709, A bill for an act relating to financial institutions; authorizing a detached facility in Shamrock 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.

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

H. F. No. 2805, A bill for an act relating to insurance; modernizing insurance regulation; amending mutual holding company laws; enacting the interstate insurance product regulation compact; making miscellaneous insurance law changes; amending Minnesota Statutes 2004, sections 60A.075, subdivision 1; 60A.077, subdivisions 1, 3, by adding a subdivision; 60A.207; 60D.19, subdivision 1; 60K.56, subdivisions 5, 6; 64B.13; Minnesota Statutes 2005 Supplement, sections 66A.02, subdivisions 2, 3; 66A.07, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 32, line 1, after "protection," insert "personal and safety awareness,"

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.

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

H. F. No. 2843, A bill for an act relating to consumer protections; reducing identity theft and assisting its victims; providing penalties; amending Minnesota Statutes 2004, sections 13.05, subdivision 5; 138.17, subdivision 7; 609.527, by adding a subdivision; Minnesota Statutes 2005 Supplement, section 325E.61, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters 13C; 325E; 325G; 609.

Reported the same back with the following amendments:

Page 1, line 10, before "The" insert "(a)"

Page 1, lines 13 to 15, delete the new language

Page 1, after line 15, insert:

"(b) When not public data is being disposed of, the data must be destroyed in a way that prevents its contents from being determined."

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5337

Page 1, before line 16, insert:

"Sec. 2. [13.651] ATTORNEY GENERAL DATA CODED ELSEWHERE.

Subdivision 1. Scope. The sections referred to in subdivision 2 are codified outside this chapter. Those sections classify attorney general data as other than public, place restrictions on access to government data, or involve data sharing.

Subd. 2. Identify theft passport. Data in an application for an identify theft passport is classified in section 609.527, subdivision 8."

Page 2, after line 25, insert:

"Sec. 4. [13C.016] VICTIM OF IDENTITY THEFT; SECURITY FREEZE.

(a) A victim of identity theft who has submitted a valid police report to a consumer reporting agency may elect to place a security freeze on his or her report by making a request in writing by certified mail to a consumer reporting agency. "Security freeze" means a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing the consumer's credit report or any information from it, in connection with the extension of credit, without the express authorization of the consumer. If a security freeze is in place, information from a consumer's credit report may not be released to a third party without prior express authorization from the consumer. This paragraph does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.

(b) For purposes of this section and sections 13C.017 to 13C.0191, a "victim of identity theft" means:

(1) a victim of identity theft as defined in section 609.527; or

(2) a person who has been notified by an agency, person, or business that owns or licenses computerized data of a breach in a computerized data system which has resulted in the acquisition of that person's unencrypted personal information by an unauthorized person or entity.

(c) A consumer reporting agency shall place a security freeze on a consumer's credit report no later than five business days after receiving a written request from the consumer.

(d) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific party or period of time.

(e) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, the consumer shall contact the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following:

(1) proper identification, which means that information generally deemed sufficient to identify a person. Only if the consumer is unable to sufficiently identify the consumer may a consumer reporting agency require additional information concerning the consumer's employment and personal or family history in order to verify the consumer's identity;

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5338

(2) the unique personal identification number or password provided by the credit reporting agency under paragraph (d); and

(3) the proper information regarding the third party who is to receive the credit report or the time period for which the report is available to users of the credit report.

(f) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report under paragraph (e) shall comply with the request no later than three business days after receiving the request.

(g) A consumer reporting agency may develop procedures involving the use of telephone, fax, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report under paragraph (e) in an expedited manner.

(h) A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases:

(1) upon consumer request under paragraph (e) or (k); or

(2) when the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. When a consumer reporting agency intends to remove a freeze on a consumer's credit report under this paragraph, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report.

(i) When a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use and the consumer does not allow the consumer's credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete.

(j) When a consumer requests a security freeze, the consumer reporting agency shall disclose the process of placing and temporarily lifting a freeze and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place.

(k) A security freeze remains in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer, who provides both of the following:

(1) proper identification, as defined in paragraph (e), clause (1); and

(2) the unique personal identification number or password provided by the consumer reporting agency under paragraph (d).

(l) This section does not apply to the use of a consumer credit report by any of the following:

(1) a person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this paragraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5339

(2) a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under paragraph (e) for purposes of facilitating the extension of credit or other permissible use;

(3) any federal, state, or local entity, including a law enforcement agency, court, or their agents or assigns;

(4) a private collection agency acting under a court order, warrant, or subpoena;

(5) a child support agency acting under title IV-D of the federal Social Security Act;

(6) the Department of Human Services acting to fulfill any of its statutory responsibilities;

(7) the Internal Revenue Service acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities;

(8) the use of credit information for the purposes of prescreening as provided for by the federal Fair Credit Reporting act;

(9) any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed; and

(10) any person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer's request.

Sec. 5. [13C.017] SECURITY FREEZE; CHANGES TO INFORMATION; WRITTEN CONFIRMATION REQUIRED.

If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, Social Security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

Sec. 6. [13C.018] SECURITY FREEZE; NOT APPLICABLE TO CERTAIN CONSUMER REPORTING AGENCIES.

A consumer reporting agency is not required to place a security freeze in a consumer credit report under section 13C.016 if it acts only as a reseller of credit information by assembling and merging information contained in the data base of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent data base of credit information from which new consumer credit reports are produced. However, a consumer reporting agency must honor any security freeze placed on a consumer credit report by another consumer reporting agency.

Sec. 7. [13C.019] SECURITY FREEZE; EXEMPT ENTITIES.

The following entities are not required to place a security freeze in a consumer credit report under section 13C.016:

(1) a check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; and

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5340

(2) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

Sec. 8. [13C.0191] INFORMATION FURNISHED TO A GOVERNMENTAL AGENCY.

Notwithstanding section 13C.016, a consumer reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of employment, or former places of employment."

Page 3, line 16, delete "confidential" and insert "not public"

Page 3, line 17, delete "3, or private data as defined in section 13.02, subdivision 12" and insert "8a"

Page 5, line 23, after "(c)" insert "If an individual or business entity is licensed or regulated by a state agency, that agency shall enforce this section under its enforcement powers that otherwise apply to that individual or business entity. If an individual or other business entity is not licensed or regulated by a state agency, then"

Page 5, after line 23, insert:

"(d) This section does not apply to an individual or business entity that is regulated by a state or federal agency with respect to disposal of personal information."

Page 5, line 31, after "shall" insert "knowingly"

Page 6, line 5, delete "by" and insert "before issuing a credit card."

Page 6, delete line 6

Correct the title numbers accordingly

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.

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

H. F. No. 2921, A bill for an act relating to the military; requiring leaves of absence for the immediate family members of a seriously injured or killed member of the armed forces; providing for and funding certain programs benefiting veterans; creating an individual income tax subtraction for military pensions; requiring educational fairness; appropriating money; amending Minnesota Statutes 2005 Supplement, sections 192.502, by adding a subdivision; 290.01, subdivision 19b; 290.091, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 181; 197.

Reported the same back with the following amendments:

Page 1, line 21, after "child," insert "grandparents, siblings,"

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Page 3, after line 20, insert:

"Sec. 5. [197.783] TAX DEDUCTION FOR MILITARY RETIREMENT PAY; PURPOSE.

The legislature and the governor of the state of Minnesota recognize that military service entails many sacrifices, including significant personal and family financial sacrifices. One common financial sacrifice for career service members involves foregoing the opportunity for significant financial gain that typically accrues from long-term homeownership. By comparison, homeownership is often the primary investment tool for many Minnesotans employed in stable civilian occupations. Thus, in recognition of the patriotic service and sacrifices of career military personnel and their families, it is the policy of the state of Minnesota to compensate service members and their families by exempting their military retirement pay from state taxation, as provided in sections 290.01, subdivision 19b, and 290.091, subdivision 2.

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2005."

Page 6, delete lines 13 and 14

Page 6, line 15, delete everything before the period and insert:

"(17) to the extent included in federal taxable income, a percentage of compensation, up to a maximum amount received from a pension or other retirement pay from the government for service in the armed forces of the United States, regardless of whether the recipient served in the military"

Renumber the sections in sequence and correct the internal references

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

The report was adopted.

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

H. F. No. 2994, A bill for an act relating to natural resources; allowing for the replacement and repair of watercraft storage structures on public waters; amending Minnesota Statutes 2005 Supplement, section 103G.245, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2005 Supplement, section 103G.245, subdivision 4, is amended to read:

Subd. 4. Structures in or adjacent to public waters. (a) The following definitions apply to this subdivision:

(1) "boathouse" means a structure or watercraft that is moored by spuds, cables, ropes, anchors, or chains that may be intended for habitation and has walls, a roof, and either an open well for boats or a floor from wall to wall and does not include watercraft that are designed and operated as motorboats; ~~and~~

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5342

(2) "motorboat" means a watercraft that is designed for and is capable of navigation on the water and that has an adequately sized external or internal mechanical propulsion system for the type of watercraft; and

(3) "boat storage structure" means a structure that is used for storing boats or float planes.

(b) The commissioner, subject to the approval of the county board, may grant and prescribe terms and conditions for granting public waters work permits to establish, construct, maintain, and control wharves, docks, piers, levees, breakwaters, basins, canals, and hangars in or adjacent to public waters of the state, except within the corporate limits of a municipality.

~~(c)~~ (b) Boathouses and boat storage structures are prohibited on public waters of Minnesota, except as allowed by ~~paragraph (d)~~ paragraphs (c) to (f).

~~(d)~~ (c) The commissioner may issue a public waters work permit for boathouses, when approved by the local governmental unit and:

(1) only in areas of historic use for the structures, as determined by the commissioner, and where the boathouse was in existence on public waters prior to January 1, 1997; or

(2) where the boathouse serves as a public service structure within a permitted commercial marina.

~~(e)~~ (d) A boathouse in existence on public waters prior to January 1, 1997, may be repaired or replaced, provided that the repairs or replacement are consistent with the permit issued by the commissioner under paragraph ~~(d)~~ (c).

(e) The commissioner may issue a public waters work permit for the repair or replacement of boat storage structures when:

(1) approved by the local governmental unit;

(2) the boat storage structure was in existence prior to 1979 and is currently used for boat storage;

(3) the boat storage structure is not habitable and is not connected to a sewage system;

(4) the local government unit has had the opportunity to review the boat storage structure application and has not provided written comments opposing the application;

(5) the total area of boat storage structures on the applicant's property is not increased;

(6) the height of boat storage structures is not increased more than one foot, unless boat storage structures are consolidated and the same pitch roof results in an increased height; and

(7) the public waters work permit with the specific dimensions and location of the boat storage structure is recorded on the permit applicant's property deed.

(f) A boat storage structure may be repaired, replaced, or consolidated, provided that the repairs, replacement, or consolidation are consistent with the permit issued by the commissioner under paragraph (e). The repair or replacement of a boat storage structure may include:

(1) the replacement of the foundation of the boat storage structure, provided that the material below the ordinary high water mark is not toxic to aquatic life; and

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(2) the consolidation of multiple boat storage structures.

(g) Notwithstanding sections 103F.201 to 103F.221, and rules adopted under those sections, the local zoning authority may approve a boat storage structure that is at or above the ordinary high water level to replace a boat storage structure that is at or below the ordinary high water level of a public water if the boat storage structure was in existence prior to 1979. The replacement boat storage structure may not exceed the total area of the boat storage structure being replaced. A boat storage structure that is replaced under this paragraph must be removed prior to building the replacement structure.

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

Amend the title as follows:

Page 1, line 3, delete "watercraft" and insert "boat"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3142, A bill for an act relating to Hennepin County; modifying regional park district provisions; amending Minnesota Statutes 2004, section 383B.79, subdivision 1.

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

The report was adopted.

Buesgens from the Committee on Education Policy and Reform to which was referred:

H. F. No. 3178, A bill for an act relating to education; authorizing suspensions without pay for teachers charged with felonies; amending Minnesota Statutes 2004, section 122A.40, subdivision 13.

Reported the same back with the following amendments:

Page 2, line 6, after "proposed" insert "immediate"

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.

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

H. F. No. 3199, A bill for an act relating to natural resources; providing for a horse trail pass; appropriating money; amending Minnesota Statutes 2004, section 84.0835, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 85.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Agriculture, Environment and Natural Resources Finance.

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 3214, A bill for an act relating to transportation; granting towing authority to Department of Transportation within its metropolitan district; amending Minnesota Statutes 2004, sections 168B.04, subdivision 2; 169.041, subdivisions 1, 2.

Reported the same back with the following amendments:

Page 2, after line 5, insert:

"(c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall ensure that the tower initially requested to remove the vehicle is given the opportunity, to the greatest reasonable extent, to actually conduct and complete all towing operations requested."

Page 2, line 24, after the period, insert "The department employee shall ensure that the tower initially requested to remove the vehicle is given the opportunity, to the greatest reasonable extent, to actually conduct and complete all towing operations requested."

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. 3255, A bill for an act relating to health; establishing the Minnesota Starvation and Dehydration of Persons with Disabilities Prevention Act; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Page 3, line 32, delete "and" and insert "or"

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.

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

H. F. No. 3258, A bill for an act relating to health; requiring reporting on notification that is required before an abortion is performed on a minor or certain other women; providing civil penalties; amending Minnesota Statutes 2004, section 13.3806, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144; 145.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2004, section 13.3806, is amended by adding a subdivision to read:

Subd. 21. Abortion notification data. Classification of data in abortion notification reports is governed by section 144.3431.

Sec. 2. [144.3431] ABORTION NOTIFICATION DATA.

Subdivision 1. Reporting form. (a) Within 90 days of the effective date of this section, the commissioner of health shall prepare a reporting form for use by physicians and facilities performing abortions under the circumstances specified in paragraph (b).

(b) The form shall require the following information:

(1) the number of minors or women for whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency for whom the physician or an agent of the physician provided the notice described in section 144.343, subdivision 2; of that number, the number of notices provided personally as described in section 144.343, subdivision 2, paragraph (a), and the number of notices provided by mail as described in section 144.343, subdivision 2, paragraph (b); and of each of those numbers, the number who, to the best of the reporting physician's or reporting facility's information and belief, went on to obtain the abortion from the reporting physician or reporting physician's facility, or from the reporting facility;

(2) the number of minors or women for whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency upon whom the physician performed an abortion without providing the notice described in section 144.343, subdivision 2; and of that number, the number who were emancipated minors, and the number for whom section 144.343, subdivision 4, was applicable, itemized by each of the limitations identified in paragraphs (a), (b), and (c) of that subdivision;

(3) the number of abortions performed by the physician for which judicial authorization was received and for which the notification described in section 144.343, subdivision 2, was not provided;

(4) the county the female resides in; the county where the abortion was performed, if different from the female's residence; and, if a judicial bypass was obtained, the county it was obtained in, if different from the female's residence;

(5) the age of the female;

(6) the race of the female;

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(7) the process the physician or the physician's agent used to inform the minor female, or a woman for whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency, of the judicial bypass; whether court forms were provided to her; and whether the physician or the physician's agent made the court arrangement for the minor female, or a woman for whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency; and

(8) how soon after visiting the abortion facility the minor female, or a woman for whom a guardian has been appointed under section 524.5-301 to 524.5-317 because of a finding of incompetency, went to court to obtain a judicial bypass.

Subd. 2. Forms to physicians and facilities. Physicians and facilities required to report under subdivision 3 shall obtain reporting forms from the commissioner.

Subd. 3. Submission. (a) The following physicians or facilities must submit the forms to the commissioner no later than April 1 for abortions performed on minors or women for whom a guardian has been appointed in the previous calendar year:

(1) a physician who provides, or whose agent provides, the notice described in section 144.343, subdivision 2, or the facility at which the notice is provided; and

(2) a physician who knowingly performs an abortion upon a minor, or a woman for whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency, or a facility at which such an abortion is performed.

(b) The commissioner shall maintain as confidential data which alone or in combination may constitute information that would reasonably lead, using epidemiologic principles, to the identification of:

(1) an individual who has had an abortion, who has received judicial authorization for an abortion, or to whom the notice described in section 144.343, subdivision 2, has been provided; or

(2) a physician or facility required to report under paragraph (a).

Subd. 4. Failure to report as required. (a) Reports that are not submitted more than 30 days following the due date shall be subject to a late fee of $500 for each additional 30-day period or portion of a 30-day period overdue. If a physician or facility required to report under this section has not submitted a report, or has submitted only an incomplete report, more than one year following the due date, the commissioner of health shall bring an action in a court of competent jurisdiction for an order directing the physician or facility to submit a complete report within a period stated by court order or be subject to sanctions. If the commissioner brings such an action for an order directing a physician or facility to submit a complete report, the court may assess reasonable attorney fees and costs against the noncomplying party.

(b) Notwithstanding section 13.39, data related to actions taken by the commissioner to enforce any provision of this section is private data if the data, alone or in combination, may constitute information that would reasonably lead, using epidemiologic principles, to the identification of:

(1) an individual who has had an abortion, who has received judicial authorization for an abortion, or to whom the notice described in section 144.343, subdivision 2, has been provided; or

(2) a physician or facility required to report under subdivision 3.

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Subd. 5. Public records. (a) By September 30 of each year, the commissioner of health shall issue a public report providing statistics for each item listed in subdivision 1 for the previous calendar year compiled from reports submitted according to this section. The report shall also include statistics, which shall be obtained from court administrators, that include:

(1) the total number of petitions or motions filed under section 144.343, subdivision 6, paragraph (c), clause (i);

(2) the number of cases in which the court appointed a guardian ad litem;

(3) the number of cases in which the court appointed counsel;

(4) the number of cases in which the judge issued an order authorizing an abortion without notification, including:

(i) the number of petitions or motions granted by the court because of a finding of maturity and the basis for that finding; and

(ii) the number of petitions or motions granted because of a finding that the abortion would be in the best interest of the minor and the basis for that finding;

(5) the number of denials from which an appeal was filed;

(6) the number of appeals that resulted in a denial being affirmed; and

(7) the number of appeals that resulted in reversal of a denial.

(b) The report shall provide the statistics for all previous calendar years for which a public report was required to be issued, adjusted to reflect any additional information from late or corrected reports.

(c) The commissioner shall ensure that all statistical information included in the public reports are presented so that the data cannot reasonably lead, using epidemiologic principles, to the identification of:

(1) an individual who has had an abortion, who has received judicial authorization for an abortion, or to whom the notice described in section 144.343, subdivision 2, has been provided; or

(2) a physician or facility who has submitted a form to the commissioner under subdivision 3.

Subd. 6. Modification of requirements. The commissioner of health may, by administrative rule, alter the dates established in subdivisions 3 and 5, consolidate the forms created according to subdivision 1 with the reporting form created according to section 145.4131, or consolidate reports to achieve administrative convenience or fiscal savings, to allow physicians and facilities to submit all information collected by the commissioner regarding abortions at one time, or to reduce the burden of the data collection, so long as the report described in subdivision 5 is issued at least once a year.

Subd. 7. Suit to compel statistical report. If the commissioner of health fails to issue the public report required under subdivision 5, any group of ten or more citizens of the state may seek an injunction in a court of competent jurisdiction against the commissioner, requiring that a complete report be issued within a period stated by court order. Failure to abide by the injunction shall subject the commissioner to sanctions for civil contempt.

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Subd. 8. Attorney fees. If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in favor of the defendant and the court finds that plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff.

Subd. 9. Severability. If any one or more provision, section, subdivision, sentence, clause, phrase, or word of this section or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality. The legislature intends that it would have passed this section, and each provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be declared unconstitutional.

Subd. 10. Supreme Court jurisdiction. The Minnesota Supreme Court has original jurisdiction over an action challenging the constitutionality of this section and shall expedite the resolution of the action.

Sec. 3. [145.4122] NONHOSPITAL-PERFORMED ABORTIONS; REQUIREMENT; MISDEMEANOR.

Subdivision 1. Physician requirement. A physician performing or inducing an abortion who does not have clinical privileges at a hospital which offers obstetrical or gynecological care within the state and within 20 miles of the location where the abortion is performed or induced is guilty of a misdemeanor and is subject to the criminal penalties provided by law. For purposes of this section, abortion has the meaning given in section 144.343, subdivision 3.

Subd. 2. Severability. If any one or more provision, section, subdivision, sentence, clause, phrase, or word of this section or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality. The legislature intends that it would have passed this section, and each provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be declared unconstitutional.

Subd. 3. Supreme Court jurisdiction. The Minnesota Supreme Court has original jurisdiction over an action challenging the constitutionality of this section and shall expedite the resolution of the action.

Sec. 4. PROHIBITION ON USE OF STATE FUNDS.

Subdivision 1. Use of funds. Funding for state-sponsored health programs shall not be used for funding abortions, except to the extent necessary for continued participation in a federal program. For purposes of this section, abortion has the meaning given in Minnesota Statutes, section 144.343, subdivision 3.

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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.

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

H. F. No. 3268, A bill for an act relating to economic development; establishing the Minnesota Biomedical Sciences Research Facilities Authority and the biomedical sciences research project funding program; providing for the University of Minnesota to apply for facility program funds; authorizing sale of state bonds to fund program; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Page 2, line 24, after the period, insert "The legislative members serve at the pleasure of the appointing authority and are nonvoting members."

Page 2, line 27, delete "The initial terms of"

Page 2, delete lines 28 to 30

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

The report was adopted.

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

H. F. No. 3273, A bill for an act relating to agriculture; creating a soy-based transformer fluid conversion allowance program; appropriating money.

Reported the same back with the following amendments:

Page 1, line 20, delete "non-soy-based" and insert "soy-based"

Page 2, line 13, delete "$240,000" and insert "$......." and delete the second "to" and insert "for"

Page 2, line 14, delete "administer section 1" and insert "the program"

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.

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The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1915

A bill for an act relating to health; providing an exception to the hospital construction moratorium; amending Minnesota Statutes 2004, section 144.551, subdivision 1.

March 15, 2006

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

We, the undersigned conferees for H. F. No. 1915 report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 1915 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1, is amended to read:

Subdivision 1. Restricted construction or modification. (a) The following construction or modification may not be commenced:

(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;

(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;

(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;

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(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;

(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;

(8) relocation or redistribution of hospital beds within a hospital corporate system that involves the transfer of beds from a closed facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity of the closed facility is transferred; (ii) the capacity of the site or complex to which the beds are transferred does not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or redistribution does not involve the construction of a new hospital building;

(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 70 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an existing state facility operated by the commissioner of human services to a new or existing facility, building, or complex operated by the commissioner of human services; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;

(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;

(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;

(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20 new hospital beds used for rehabilitation services in an existing hospital in Carver County serving the southwest suburban metropolitan area. Beds constructed under this clause shall not be eligible for reimbursement under medical assistance, general assistance medical care, or MinnesotaCare;

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(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;

(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;

(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds; or

(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law.; or

(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:

(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;

(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;

(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;

(iv) the new hospital:

(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;

(B) will provide uncompensated care;

(D) will be a site for workforce development for a broad spectrum of health-care- related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;

(E) will demonstrate a commitment to quality care and patient safety;

(F) will have an electronic medical records system, including physician order entry;

(G) will provide a broad range of senior services;

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(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and

(I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and

(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause.

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

Delete the title and insert:

"A bill for an act relating to health; providing an exception to the hospital construction moratorium for a hospital in Maple Grove; amending Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1"

We request adoption of this report and repassage of the bill.

House Conferees: Kurt Zellers, Ron Abrams and Lyndon R. Carlson.

Senate Conferees: Warren Limmer and Linda Scheid.

Zellers moved that the report of the Conference Committee on H. F. No. 1915 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 1915, A bill for an act relating to health; providing an exception to the hospital construction moratorium; amending Minnesota Statutes 2004, section 144.551, subdivision 1.

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

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

Pursuant to rule 2.05, Speaker pro tempore Abrams excused Ruud from voting on the repassage of H. F. No. 1915, as amended by Conference.

There were 118 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

SECOND READING OF HOUSE BILLS

H. F. Nos. 1443, 2341, 2709, 2994, 3142 and 3214 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Cybart introduced:

H. F. No. 3579, A bill for an act relating to capital improvements; appropriating money for Cedar Avenue Bus Rapid Transit Corridor; authorizing the sale and issuance of state bonds.

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

Sykora introduced:

H. F. No. 3580, A bill for an act relating to education; providing for financing of prekindergarten through grade 12 education; raising academic achievement; establishing an alternative teacher training program for qualified professionals; expanding alternative teacher compensation program; expanding early childhood Part C services; providing intensive English instruction for adult refugees; providing for Chinese language programs; providing for a district and high school redesign pilot project; authorizing Waseca to levy for health and safety revenue;

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appropriating money; amending Minnesota Statutes 2004, sections 122A.18, subdivision 2; 124D.11, subdivision 9; 125A.27, subdivisions 3, 7, 8, 15, 18; 127A.41, subdivision 2; Minnesota Statutes 2005 Supplement, sections 121A.19; 122A.415, subdivisions 1, 3; 125A.11, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivisions 31, 34; Laws 2005, First Special Session chapter 5, article 1, section 47; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; repealing Minnesota Statutes 2004, section 122A.24.

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

Smith introduced:

H. F. No. 3581, A bill for an act relating to retirement; Public Employees Retirement Association; creating a postsentencing officers and emergency dispatchers retirement plan; appropriating money; amending Minnesota Statutes 2004, sections 352.01, subdivision 2b; 355.01, by adding subdivisions; 355.02, subdivision 3; 356.20, subdivision 2; 356.215, subdivision 11; 356.30, subdivision 3; 356.302, subdivision 7; 356.303, subdivision 4; 356.315, by adding a subdivision; 356.465, subdivision 3; Minnesota Statutes 2005 Supplement, sections 353.01, subdivision 2b; 356.215, subdivision 8; proposing coding for new law as Minnesota Statutes, chapter 353G.

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

Klinzing, Sykora, Erickson, Demmer, Greiling, Mariani, Buesgens, Heidgerken, Dittrich, Carlson and Meslow introduced:

H. F. No. 3582, A bill for an act relating to education; appropriating money to evaluate student assessment and achievement.

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

Dempsey introduced:

H. F. No. 3583, A bill for an act relating to liquor; modifying terms of an on-sale wine license for certain bed and breakfast facilities; allowing a bed and breakfast facility to hold a consumption and display permit; amending Minnesota Statutes 2004, sections 340A.404, subdivision 5; 340A.414, subdivision 2.

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

Nelson, P., introduced:

H. F. No. 3584, A bill for an act relating to motor vehicles; exempting combat wounded veterans from paying cost of special license plates; amending Minnesota Statutes 2004, section 168.123, by adding a subdivision.

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

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Smith introduced:

H. F. No. 3585, A bill for an act relating to family law; changing certain child support and maintenance provisions; amending Minnesota Statutes 2004, section 518.551, subdivision 6, by adding a subdivision; Laws 2005, chapter 164, sections 4; 5, subdivisions 4a, 8, 15, 18; 8; 10; 14; 15; 16; 18; 20; 21; 22, subdivisions 2, 4, 16, 17, 18; 24; 25; 31; 32; repealing Minnesota Statutes 2004, section 518.54, subdivision 2; Minnesota Statutes 2005 Supplement, section 518.54, subdivision 4a; Laws 2005, chapter 164, section 12.

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

Smith introduced:

H. F. No. 3586, A bill for an act relating to domestic abuse; providing for enforcement of foreign protective orders; amending Minnesota Statutes 2004, section 518B.01, by adding a subdivision.

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

Tingelstad introduced:

H. F. No. 3587, A resolution memorializing the President, Congress, and the United States Postal Service to maintain current levels of service.

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

Gunther introduced:

H. F. No. 3588, A bill for an act relating to energy; clarifying that a certain facility does not violate the exclusive service territory law.

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

Hansen, Atkins, Westerberg and Thissen introduced:

H. F. No. 3589, A bill for an act relating to energy; providing certain protections to residential heating customers of public utilities; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Powell, Thissen, Finstad and Huntley introduced:

H. F. No. 3590, A bill for an act relating to human services; establishing a pharmacy payment reform advisory committee; providing for a study; requiring a report to the legislature.

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

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Finstad introduced:

H. F. No. 3591, A bill for an act relating to human services; allowing the commissioner of human services to contract with Medicare-approved Special Needs Plans to provide medical assistance services to persons with disabilities; amending Minnesota Statutes 2005 Supplement, section 256B.69, subdivision 23.

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

Olson, Solberg and Koenen introduced:

H. F. No. 3592, A bill for an act relating to taxation; prescribing the effective date of certain rules relating to the valuation of electric and transmission pipeline utilities; proposing coding for new law in Minnesota Statutes, chapter 273.

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

Gunther, Garofalo, Gazelka and Simpson introduced:

H. F. No. 3593, A bill for an act relating to labor; modifying the prevailing wage determination method; instructing the commissioner of employment and economic development to complete a benefits survey as part of its Occupational Employment Statistics survey; amending Minnesota Statutes 2004, section 177.42, subdivision 6.

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

Dempsey introduced:

H. F. No. 3594, A bill for an act relating to transportation; authorizing sale of transportation bonds for roadside properties on the Great River Road; appropriating money.

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

Seifert introduced:

H. F. No. 3595, A bill for an act relating to highways; requiring Department of Transportation to place directional signs to certain historic sites; amending Minnesota Statutes 2004, section 138.666.

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

Lillie, Atkins and Hosch introduced:

H. F. No. 3596, A bill for an act relating to taxation; property; advancing the date for mailing out the property tax statements; amending Minnesota Statutes 2004, section 276.04, subdivision 3.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5358

Soderstrom, Otremba, Brod, Samuelson and Erickson introduced:

H. F. No. 3597, A bill for an act relating to child protection; providing time frames under which an unharmed newborn may be left at a hospital with a hospital employee; providing that a relative search must not be conducted; amending Minnesota Statutes 2004, sections 145.902, subdivision 1; 260C.212, subdivision 5; 260C.217, subdivision 1.

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

Cox introduced:

H. F. No. 3598, A bill for an act relating to labor; regulating state department construction contracts; proposing coding for new law in Minnesota Statutes, chapter 177.

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

Meslow, Greiling and Clark introduced:

H. F. No. 3599, A bill for an act relating to early childhood education; expanding screening to include socioemotional developmental screening; amending Minnesota Statutes 2004, section 121A.17, subdivision 3.

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

Loeffler; Seifert; Kahn; Blaine; Solberg; Olson; Johnson, S.; Tingelstad; Dean; Peterson, N., and Hausman introduced:

H. F. No. 3600, A bill for an act relating to capital investment; appropriating money for purposes relating to restoration of the State Capitol Building and the Ford Building; authorizing the issuance of general obligation bonds.

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

Clark introduced:

H. F. No. 3601, A bill for an act relating to elections; permitting a tenant to post campaign material in the window of a residence; proposing coding for new law in Minnesota Statutes, chapter 211B.

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

Loeffler, Lillie, Severson, Hosch, Liebling, Moe and Sailer introduced:

H. F. No. 3602, A bill for an act relating to veterans; providing for assistance to certain members of the National Guard and other veterans in obtaining health screening and health services relating to depleted uranium exposure; proposing coding for new law in Minnesota Statutes, chapter 192.

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

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Krinkie and Vandeveer introduced:

H. F. No. 3603, A bill for an act relating to taxation; conforming certain provisions to changes in the Internal Revenue Code; providing an income and corporate franchise tax credit for investments in dairy operations; providing an income tax credit for qualified citizenship expenditures; accelerating the sales-only apportionment phase-in; conforming to federal income tax marriage penalty relief; providing a subtraction from federal taxable income for military pensions; providing a sales tax refund for certain resort expenditures; imposing levy limits for taxes payable in 2007; amending Minnesota Statutes 2004, sections 275.70, by adding a subdivision; 275.71, subdivisions 2, 4, 5; 275.74, subdivision 2; 290.06, by adding a subdivision; 297A.71, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 275.70, subdivision 5; 289A.02, subdivision 7; 290.01, subdivisions 19, 19a, 19b, 31; 290.06, subdivision 2c; 290.0675, subdivision 1; 290.091, subdivision 2; 290.191, subdivision 2; 290A.03, subdivision 15; 291.005, subdivision 1; 297A.75, subdivisions 1, 2, 3; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Koenen introduced:

H. F. No. 3604, A bill for an act relating to courts; providing conciliation court with jurisdiction to determine certain fraudulent bank transactions; amending Minnesota Statutes 2004, section 491A.01, by adding a subdivision.

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

Tingelstad, Solberg, McNamara and Carlson introduced:

H. F. No. 3605, A bill for an act relating to natural resources; appropriating money for the Legislative Commission on Minnesota Resources or its successor.

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

Koenen introduced:

H. F. No. 3606, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money to relocate and renovate the Burlington Northern Depot in the city of Granite Falls.

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

Bradley, Nornes, Demmer, Welti and Liebling introduced:

H. F. No. 3607, A bill for an act relating to higher education; establishing a branch campus of the University of Minnesota in Rochester; appropriating money; amending Minnesota Statutes 2004, section 137.17, subdivisions 1, 3; repealing Minnesota Statutes 2004, section 137.17, subdivisions 2, 4.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5360

Pelowski, Davids and Dempsey introduced:

H. F. No. 3608, A bill for an act relating to capital improvements; appropriating money for projects at Winona State University; authorizing the sale and issuance of state bonds.

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

Abeler and Thao introduced:

H. F. No. 3609, A bill for an act relating to human services; making changes to background study provisions; amending Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2.

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

McNamara and Cox introduced:

H. F. No. 3610, A bill for an act relating to boiler inspections; requiring accredited inspection agencies to submit inspection reports; exempting boilers and pressure vessels inspected by accredited inspection agencies from inspections by the Division of Boiler Inspection; proposing coding for new law in Minnesota Statutes, chapter 183.

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

Samuelson introduced:

H. F. No. 3611, A bill for an act relating to capital improvements; appropriating money for a methane treatment facility in New Brighton; authorizing the sale and issuance of state bonds.

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

McNamara, Tingelstad and Carlson introduced:

H. F. No. 3612, A bill for an act relating to natural resources; modifying prior appropriations; amending Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 10.

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

McNamara introduced:

H. F. No. 3613, A bill for an act relating to public safety; appropriating money to secure federal matching grants necessary to repair the Hastings hydroelectric plant.

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

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Penas; Peterson, A.; Dill and Hackbarth introduced:

H. F. No. 3614, A bill for an act relating to natural resources; modifying regulation of all-terrain vehicles; creating two classes of all-terrain vehicles; amending Minnesota Statutes 2004, sections 84.92, subdivision 8, by adding subdivisions; 84.928, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257; 84.926, subdivision 4; 84.928, subdivision 1.

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

Peppin, Powell, Huntley and Abeler introduced:

H. F. No. 3615, A bill for an act relating to human services; creating a group residential pilot project.

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

Atkins, Smith, Ozment, Thissen and Murphy introduced:

H. F. No. 3616, A bill for an act relating to retirement; authorizing purchase of service credit from the public employees police and fire plan for city of Eveleth police service.

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

Ruth, Meslow, Sykora, Dill, Hilstrom, Sieben and Marquart introduced:

H. F. No. 3617, A bill for an act relating to taxation; individual income; allowing a subtraction for military pensions for retired military personnel and certain of their survivors; amending Minnesota Statutes 2005 Supplement, sections 290.01, subdivision 19b; 290.091, subdivision 2.

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

Finstad introduced:

H. F. No. 3618, A bill for an act relating to human services; making technical changes; modifying commissioner's duties, county board duties, education programs, safety requirements, licensing requirements, disqualification provisions, chemical dependency care, agency appeals and hearings, day treatment services, alternative care funding, clinical infrastructures, property costs, co-payments and coinsurance, adoption provisions, children in need of protection; amending Minnesota Statutes 2004, sections 144.225, subdivision 2b; 245A.04, subdivision 11; 254A.03, subdivision 3; 254A.16, subdivision 2; 254B.02, subdivisions 1, 5; 254B.03, subdivisions 1, 3; 254B.06, subdivision 3; 256.0451, subdivisions 1, 3, 11, 19; 256B.0625, subdivision 23; 256B.0913, subdivision 1; 256B.0943, subdivisions 9, 11; 256B.431, subdivisions 1, 3f, 17e; 260B.157, subdivision 1; Minnesota Statutes 2005 Supplement, sections 245.4874; 245A.14, subdivision 12; 245A.18, subdivision 2; 245C.07; 245C.13, subdivision 2; 245C.15, subdivisions 2, 3; 245C.22, subdivision 7; 245C.24, subdivision 3; 256.046, subdivision 1; 256B.0625, subdivision 13c; 256B.0913, subdivision 4; 256B.0943, subdivisions 6, 12;

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5362

256L.03, subdivision 5; 259.67, subdivision 4; 260.012; 626.556, subdivision 2; Laws 2005, chapter 98, article 3, section 25; repealing Minnesota Statutes 2004, sections 252.21; 252.22; 252.23; 252.24, subdivisions 1, 2, 3, 4; 252.25; 252.261; 254A.02, subdivisions 7, 9, 12, 14, 15, 16; 254A.085; 254A.086; 254A.12; 254A.14, subdivisions 1, 2, 3; 254A.15; 254A.16, subdivision 5; 254A.175; 254A.18; Minnesota Statutes 2005 Supplement, section 252.24, subdivision 5; Minnesota Rules, part 9503.0035, subpart 2.

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

Bradley introduced:

H. F. No. 3619, A bill for an act relating to appropriations; appropriating and transferring money and supplementing or reducing appropriations for various state agencies, programs, or activities; establishing, regulating, or modifying certain programs or activities; requiring studies and reports; providing penalties; amending Minnesota Statutes 2004, sections 3.737, subdivision 1; 3.7371, subdivision 3; 43A.316, subdivisions 1, 2, 3, 4, 5, 10, by adding subdivisions; 115A.908, subdivision 2; 135A.031, subdivision 7; 135A.034, subdivision 1; 135A.053, subdivision 2; 136A.101, subdivisions 4, 8; 136A.15, subdivisions 6, 9, by adding a subdivision; 136A.16, by adding a subdivision; 136A.162; 136A.1701, subdivisions 4, 7, by adding a subdivision; 136A.233, subdivision 3; 137.17, subdivisions 1, 3; 296A.18, subdivision 4; 326.105; 446A.12, subdivision 1; Minnesota Statutes 2005 Supplement, sections 16A.724, subdivision 2; 115C.09, subdivision 3j; 136A.1701, subdivision 12; Laws 2005, chapter 136, article 1, sections 10; 13, subdivision 3; Laws 2003, First Special Session chapter 18, article 1, section 2; Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 116J; 136A; 144; 341; 446A; repealing Minnesota Statutes 2004, sections 17.10; 135A.01; 135A.031, subdivisions 1, 2, 5, 6; 135A.032; 135A.033; 136A.15, subdivision 5; 136A.1702; 137.17, subdivisions 2, 4; Minnesota Statutes 2005 Supplement, section 135A.031, subdivisions 3, 4; Minnesota Rules, parts 4850.0011, subparts 9, 10, 27; 4850.0014, subpart 1.

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

Dean introduced:

H. F. No. 3620, A bill for an act relating to human services; modifying policies for secured treatment facilities; providing for criminal penalties for possession of contraband; allowing for the entering of service contracts; modifying escape from custody provisions; providing sentencing provisions; amending Minnesota Statutes 2004, sections 243.55, subdivision 1; 246.014; Minnesota Statutes 2005 Supplement, section 609.485, subdivisions 2, 4.

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

Hackbarth and Solberg introduced:

H. F. No. 3621, A bill for an act relating to natural resources; appropriating money for the Minnesota Shooting Sports Education Center.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5363

Ellison, Abeler and Huntley introduced:

H. F. No. 3622, A bill for an act relating to human services; providing medical assistance coverage for certain lead risk assessments; amending Minnesota Statutes 2004, sections 144.9507, by adding a subdivision; 256B.0625, by adding a subdivision.

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

Meslow, Slawik and Sykora introduced:

H. F. No. 3623, A bill for an act relating to education; providing funding for early childhood and family education; allocating Head Start funds; educating new parents; extending early childhood and family education programs and providing for grants; providing for a kindergarten readiness assessment and intervention pilot program; providing for a grant program for child care providers to offer school readiness; appropriating money; amending Minnesota Statutes 2004, sections 119A.50, subdivision 1; 119A.52; 119A.53; 119A.545; 124D.13, subdivisions 2, 3; Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 119A; 124D; repealing Minnesota Statutes 2004, section 119A.51.

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

Nornes introduced:

H. F. No. 3624, A bill for an act relating to occupations; reestablishing the boxing commission; appropriating money.

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

Peppin and Greiling introduced:

H. F. No. 3625, A bill for an act relating to public employees; modifying public employee insurance provisions; appropriating money; amending Minnesota Statutes 2004, section 43A.316, subdivisions 1, 2, 3, 4, 5, 10, by adding subdivisions.

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

Finstad, Samuelson and Otremba introduced:

H. F. No. 3626, A bill for an act relating to human services; providing medical assistance coverage for certified psychiatric nurse practitioners; amending Minnesota Statutes 2004, section 256B.0625, subdivision 28.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5364

Blaine introduced:

H. F. No. 3627, A bill for an act relating to commerce; expanding the motor vehicle lemon law to protect very small businesses; amending Minnesota Statutes 2004, section 325F.665, subdivision 1.

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

Sailer introduced:

H. F. No. 3628, A bill for an act relating to education finance; increasing the emergency aid appropriation to Independent School District No. 138, Red Lake; amending Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision 6.

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

Davids, Cornish, Magnus and Penas introduced:

H. F. No. 3629, A bill for an act relating to real property; eminent domain; providing a definition of public use; providing for loss of going concern; providing and prohibiting attorney fees; amending Minnesota Statutes 2004, sections 117.025; 117.036; 117.075, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 117.

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

Emmer, Huntley, Bradley, Thissen, Nornes, Otremba, Gazelka and Eken introduced:

H. F. No. 3630, A bill for an act relating to human services; providing children's mental health grants; establishing mental health service delivery and finance reform; modifying mental health case management and rates; modifying general assistance medical care coverages; amending Minnesota Statutes 2004, sections 245.465, by adding a subdivision; 246.54, subdivision 1, by adding a subdivision; 256B.0625, subdivision 20; 256B.0945, subdivisions 1, 4; 256B.69, subdivisions 5g, 5h; 256L.12, subdivision 9a; Minnesota Statutes 2005 Supplement, sections 245.4874; 256D.03, subdivision 4; 256L.03, subdivision 1; 256L.035; proposing coding for new law in Minnesota Statutes, chapters 245; 256B; repealing Minnesota Statutes 2004, sections 245.465, subdivision 2; 256B.0945, subdivisions 5, 6, 7, 8, 9; 256B.83.

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

Hornstein introduced:

H. F. No. 3631, A bill for an act relating to housing; regulating condominium conversions; amending Minnesota Statutes 2005 Supplement, section 515B.1-106.

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

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Ellison introduced:

H. F. No. 3632, A bill for an act relating to elections; facilitating registering to vote and voting; clarifying documents acceptable to prove residence; making it easier to vote by absentee ballot; requiring translation of voting materials; providing for notice of restoration of civil rights and eligibility to vote; requiring voting assistance to inmates; amending Minnesota Statutes 2004, sections 135A.17, subdivision 2; 201.061, by adding a subdivision; 203B.02, subdivision 1; 203B.06, subdivision 3; 203B.11, subdivision 4; 204B.27, subdivision 11; Minnesota Statutes 2005 Supplement, sections 201.014, subdivision 2; 201.061, subdivision 3; 203B.04, subdivision 1; 203B.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 243; 609; 641.

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

Fritz introduced:

H. F. No. 3633, A bill for an act relating to appropriations; appropriating money for a grant to the Paradise Center for the Arts in Faribault.

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

Gazelka introduced:

H. F. No. 3634, A bill for an act relating to state lands; authorizing sale or transfer of surplus land at the Brainerd Regional Treatment Center.

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

Brod and Simon introduced:

H. F. No. 3635, A bill for an act relating to state government; regulating the Campaign Finance and Public Disclosure Board; modifying membership requirements and staffing authority; appropriating money; amending Minnesota Statutes 2004, section 10A.02, subdivisions 1, 5.

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

Hilstrom introduced:

H. F. No. 3636, A bill for an act relating to coroners; modifying and updating the coroner and medical examiners law; providing criminal penalties; amending Minnesota Statutes 2004, sections 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.17; 390.21; 390.221; 390.23; 390.25; 390.31, subdivision 1; Minnesota Statutes 2005 Supplement, section 390.05; proposing coding for new law in Minnesota Statutes, chapter 390; repealing Minnesota Statutes 2004, sections 390.006; 390.06; 390.07; 390.16; 390.19; 390.20; 390.24; 390.31, subdivisions 2, 3; 390.33; 390.34; 390.35; 390.36.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5366

Holberg introduced:

H. F. No. 3637, A bill for an act relating to metropolitan government; governing special transportation service requirements; amending Minnesota Statutes 2004, section 473.386, subdivision 3.

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

Sertich, Gunther, Ruth, Gazelka and Dorn introduced:

H. F. No. 3638, A bill for an act relating to economic development; authorizing certain investments; creating a program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Lanning and Simon introduced:

H. F. No. 3639, A bill for an act relating to elections; clarifying documents acceptable to prove residence; amending Minnesota Statutes 2004, section 201.061, by adding a subdivision; Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3.

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

Olson, Hosch, Heidgerken, Marquart, Hortman and Anderson, B., introduced:

H. F. No. 3640, A bill for an act relating to legislative organization; proposing a constitutional amendment to prohibit control of the legislative decision-making process by subgroups; requiring distribution of legislative powers; full house participation in final decisions; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Cox, Davids, Klinzing, Latz, Juhnke, Ellison, Wardlow, Zellers, Westerberg, McNamara, Olson, Walker, Tingelstad, Abrams, Dorman, Goodwin, Abeler, Charron, Meslow and Krinkie introduced:

H. F. No. 3641, A bill for an act relating to building officials; requiring competency criteria; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Peterson, S.; Clark and Hosch introduced:

H. F. No. 3642, A bill for an act relating to property tax refunds; increasing the exemption amount for senior and disabled claimants; amending Minnesota Statutes 2005 Supplement, section 290A.03, subdivision 3.

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

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Hortman; Hausman; Kahn; Johnson, S.; Kelliher; Thao; Hornstein; Clark; Entenza; Lesch; Wagenius; Simon; Ellison; Thissen; Mariani and Walker introduced:

H. F. No. 3643, A bill for an act relating to state government; creating a task force to study the feasibility of Minnesota submitting a bid to host the summer Olympics.

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

Peterson, S., and Hosch introduced:

H. F. No. 3644, A bill for an act relating to taxes; individual income; conforming to federal marriage penalty relief; amending Minnesota Statutes 2005 Supplement, section 290.01, subdivisions 19a, 19b.

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

Hilstrom, Smith and Nelson, M., introduced:

H. F. No. 3645, A bill for an act relating to public safety; requiring the Bureau of Criminal Apprehension to oversee efforts to reduce the record keeping backlog for missing persons and unidentified bodies cases; clarifying responsibility for receiving missing persons reports; requiring a model policy relating to missing adults; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Erhardt introduced:

H. F. No. 3646, A bill for an act relating to motor vehicles; authorizing special plates for all disabled veterans; making technical changes; amending Minnesota Statutes 2005 Supplement, section 168.1251, subdivisions 1, 5.

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

Meslow introduced:

H. F. No. 3647, A bill for an act relating to crimes; broadening prohibitions for driving while impaired to include impairment by any drug or its metabolite; broadening prohibition against driving while impaired by controlled substances to include metabolites of those substances; exempting courts from mandatory consecutive sentencing requirements when sentencing a person for felony-level violation for driving while impaired; making technical and clarifying changes; repealing archaic language; amending Minnesota Statutes 2004, sections 169A.03, by adding a subdivision; 169A.20, subdivision 1; 169A.28, subdivision 1; 169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision 2; 169A.60, subdivisions 2, 4; Minnesota Statutes 2005 Supplement, sections 169A.52, subdivision 4; 169A.53, subdivision 3; repealing Minnesota Statutes 2004, section 169A.41, subdivision 4.

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

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Meslow introduced:

H. F. No. 3648, A bill for an act relating to public safety; providing for handling of death scene investigations and identifications of remains; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Meslow introduced:

H. F. No. 3649, A bill for an act relating to public safety; prohibiting privacy requirements that prevent sharing of crime scene photographs; amending Minnesota Statutes 2004, section 13.82, by adding a subdivision.

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

Meslow introduced:

H. F. No. 3650, A bill for an act relating to public safety; prohibiting expungement of photographs of adjudicated delinquents; amending Minnesota Statutes 2004, section 13.82, by adding a subdivision.

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

Hortman, Cox, Moe, Sailer, Urdahl, Fritz, Haws and Abeler introduced:

H. F. No. 3651, A bill for an act relating to taxation; allowing a credit for certain dentistry material purchases; 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.

Hilstrom; Abeler; Hortman; Nelson, M., and Zellers introduced:

H. F. No. 3652, A bill for an act relating to education; providing for an international baccalaureate pilot program across all grades of a school district; appropriating money.

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

Newman; Johnson, J.; Murphy and Smith introduced:

H. F. No. 3653, A bill for an act relating to judiciary; appropriating money for the Board on Judicial Standards.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5369

Knoblach, Greiling, Olson, Dorn and Krinkie introduced:

H. F. No. 3654, A bill for an act relating to education; requiring online learning providers to include notice of state academic and testing requirements on course and program information memorandum; calculating online learning aid for nonresident students as actual cost and administrative fees; amending Minnesota Statutes 2004, sections 124D.095, subdivisions 3, 6; 124D.096.

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

Slawik introduced:

H. F. No. 3655, A bill for an act relating to boxing; regulation of boxing; establishing a boxing commission; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 341.

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

Tingelstad and Hortman introduced:

H. F. No. 3656, A bill for an act relating to transportation; commuter rail; authorizing the commissioner to contract for use of railroad right-of-way; regulating civil liability; amending Minnesota Statutes 2004, section 174.82.

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

Holberg; Lieder; Ruth; Hortman; Abrams; Dill; Buesgens; Zellers; Nelson, M.; Peppin; Dittrich; Hilstrom; Hamilton; Beard; Moe; Peterson, N.; Garofalo; Simpson; Howes; Simon; Gunther; Sviggum; Sailer; Gazelka; Severson; Tingelstad and Mariani introduced:

H. F. No. 3657, A bill for an act relating to transportation; authorizing bonding and appropriating money for highways; creating trunk highway motor vehicle sales tax collection account in the trunk highway fund; modifying allocation of proceeds of motor vehicle sales tax; removing obsolete language and making technical and clarifying changes; amending Minnesota Statutes 2004, section 297B.09; proposing coding for new law in Minnesota Statutes, chapter 167.

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

Bradley introduced:

H. F. No. 3658, A bill for an act relating to health; authorizing business organizations to obtain certificates of authority to operate as health maintenance organizations; providing for hospital pricing transparency and provider pricing fairness; authorizing small health plan purchasing pools; providing for a health insurance tax; regulating provider disclosures of reimbursement; amending Minnesota Statutes 2004, sections 62D.02, subdivision 4, by adding a subdivision; 62D.03, subdivision 1; 62D.05, subdivision 1; 62J.81, subdivision 1; 297I.01, subdivision 10; Minnesota Statutes 2005 Supplement, sections 62J.052; 297I.05, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q; repealing Minnesota Statutes 2004, sections 62J.17; 62J.25.

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

Journal of the House - 74th Day - Thursday, March 16, 2006 - Top of Page 5370

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 bill to be placed on the Calendar for the Day for Thursday, March 16, 2006:

H. F. No. 3014.

CALENDAR FOR THE DAY

H. F. No. 3014 was reported to the House.

Paymar, Ellison, Thao, Mariani, Walker and Juhnke moved to amend H. F. No. 3014, the first engrossment, as follows:

Page 3, line 32, delete "indicated on the" and insert "encrypted or encoded on the magnetic strip or bar code of the"

Page 3, line 33, after the period, insert:

"The status check date or any indicator signifying the presence of a status check date may not be displayed on a license or Minnesota identification card, other than by encryption or encoding on the magnetic strip or bar code."

A roll call was requested and properly seconded.

The question was taken on the Paymar et al amendment and the roll was called. There were 60 yeas and 68 nays as follows:

Those who voted in the affirmative were: