STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FIFTY-FIRST DAY
Saint Paul, Minnesota, Tuesday, May 3, 2005
The House of Representatives convened at 11:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Glenn Monson, Senior Pastor, Our Savior's
Lutheran Church, Austin, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Clark, Dorman, Ellison and Knoblach were excused.
Krinkie was excused until 11:45 a.m. Thissen was excused until 11:55 a.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Anderson, B., moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF STANDING COMMITTEES
Abrams from the Committee on Ways and Means to which was
referred:
H. F. No. 872, A bill for an act relating to education;
providing for early childhood, adult, family, and kindergarten through grade 12
education including general education, excellence in education, special
programs, facilities and technology, nutrition and accounting, libraries, early
education, prevention, self-sufficiency and lifelong learning, state agencies,
forecast deficiencies, and technical and conforming amendments; authorizing
rulemaking; providing for reports; appropriating money; amending Minnesota
Statutes 2004, sections 13.32, subdivisions 1, 8; 119A.46, subdivisions 1, 2,
3, 8; 120A.05, by adding a subdivision; 120A.22, subdivision 12; 120B.02;
120B.021, by adding a subdivision; 120B.11, subdivisions 1, 2, 3, 4, 5, 8;
120B.13, subdivisions 1, 3, by adding a subdivision; 120B.23; 120B.30,
subdivisions 1, 1a; 120B.31, subdivision 4; 121A.03, subdivision 1; 121A.06,
subdivisions 2, 3; 121A.17, subdivisions 1, 3, 5; 121A.19; 121A.41, subdivision
10; 121A.47, subdivision 14; 121A.53; 121A.55; 122A.06, subdivision 4; 122A.09,
subdivisions 4, 10; 122A.12, subdivision 2; 122A.18, subdivision 2a; 122A.40,
subdivision 5; 122A.41, subdivisions 2, 14; 122A.414; 122A.415, subdivisions 1,
3; 123A.05, subdivision 2; 123A.06, subdivision 1; 123A.21, by adding a
subdivision; 123A.24, subdivision 2; 123B.02, by adding a subdivision; 123B.09,
subdivision 8; 123B.143, subdivision 1; 123B.36, subdivision 1; 123B.42,
subdivision 3; 123B.49, subdivision 4; 123B.53, subdivision 1; 123B.54;
123B.59, subdivisions 3, 3a; 123B.63, subdivision 2; 123B.71, subdivisions 8,
9, 12; 123B.749; 123B.75, subdivision 5, by adding a subdivision; 123B.76,
subdivision 3; 123B.79, subdivision 6; 123B.81, subdivision 1; 123B.82;
123B.83, subdivision 2; 123B.92, subdivisions 1, 5, 9; 124D.095, subdivision 8;
124D.10, subdivisions 3, 4, 6, 8, 15, 23; 124D.11, subdivisions 1, 2, 5, 6;
124D.111, subdivisions 1, 2; 124D.118, subdivision 4; 124D.135, subdivisions 1,
5; 124D.15, subdivisions 1, 3, 5, 10, 12, by adding subdivisions; 124D.16,
subdivisions 2, 3; 124D.20, subdivision 3; 124D.40; 124D.531, subdivisions 1,
4; 124D.66, subdivision 3; 124D.68, subdivision 9; 124D.69, subdivision 1;
124D.74, subdivision 1; 124D.81, subdivision 1; 124D.84, subdivision 1;
125A.091, subdivision 5; 125A.11, subdivision 1; 125A.24; 125A.28; 125A.51;
125A.76, subdivisions 1, 4, by adding subdivisions; 125A.79, subdivisions 1, 5,
6, 7, by adding subdivisions; 126C.01, subdivision 11; 126C.05, by adding a
subdivision; 126C.10, subdivisions 1, 2, 3, 6, 7, 8, 13, 13a, 17, 18, 24, 31,
by adding subdivisions; 126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3,
by adding a subdivision; 126C.17, subdivisions 2, 5, 7, 9, 13; 126C.21,
subdivision 4; 126C.40, subdivision 1; 126C.43, subdivisions 2, 3; 126C.44;
126C.457; 126C.48, subdivisions 2, 8, by adding a subdivision; 126C.63,
subdivisions 5, 8; 127A.41, subdivision 8; 127A.42, subdivision 2; 127A.45,
subdivisions 2, 10, 11, 12, 13, 14, 16; 127A.47, subdivisions 7, 8; 127A.49,
subdivisions 2, 3; 127A.50, subdivision 5; 128C.12, subdivision 1; 134.31, by
adding a subdivision; 171.04, subdivision 1; 171.05, subdivisions 2, 2b, 3;
179A.03, subdivision 14; 260C.007, subdivision 6, by adding a subdivision;
260C.201, subdivision 1; 275.14; 275.16; 469.177, subdivision 9; Laws 1996,
chapter 412, article 5, section 24; Laws 2003, First Special Session chapter 9,
article 1, section 53, subdivisions 2, as amended, 3, as amended, 11, as
amended, 12, as amended; Laws 2003, First Special Session chapter 9, article 2,
section 55, subdivisions 2, as amended, 5, as amended, 9, as amended, 12, as
amended; Laws 2003, First Special Session chapter 9, article 3, section 20,
subdivisions 2, 4, as amended, 5, as amended, 6, as amended, 8, as amended, 9,
as amended; Laws 2003, First Special Session chapter 9, article 4, section 31,
subdivisions 2, as amended, 3, as amended, 4; Laws 2003, First Special Session
chapter 9, article 5, section 35, subdivision 3, as amended; Laws 2003, First
Special Session chapter 9, article 6, section 4, as amended; Laws 2003, First
Special Session chapter 9, article 7, section 11, subdivisions 2, 4; Laws 2003,
First Special Session chapter 9, article 8, section 7, subdivisions 2, as
amended, 3, 5, as amended; Laws 2003, First Special Session chapter 9, article
9, section 9, subdivision 2, as amended; proposing coding for new law in
Minnesota Statutes, chapters 120A; 120B; 121A; 122A; 123A; 123B; 124D; 125B;
129C; 171; 179A; repealing Minnesota Statutes 2004, sections 122A.24; 122A.415,
subdivision 2; 123B.05; 123B.83, subdivision 1; 124D.095; 124D.15, subdivisions
2, 4, 6, 7, 8, 9, 11, 13; 124D.16, subdivisions 1, 4; 126C.12; 126C.42,
subdivisions 1, 4.
Reported the same back with the following amendments:
Page 23, line 18, delete "$22,700"
and insert "the operating capital equalizing factor" and after
the period, insert "The operating capital equalizing factor equals
$24,300 for taxes payable in 2006 and 2007, and $15,400 for taxes payable in
2008 and later."
Page 25, after line 9, insert:
"(e) A school district's equity revenue for a school
district located in the metro equity region equals the amount computed in
paragraphs (b), (c), and (d) multiplied by 1.25."
Page 32, line 7, strike "(c)" and insert "(b)"
Page 32, line 23, strike "(b)" and insert "(a)"
Page 33, line 13, delete "and later"
Page 33, after line 15, insert:
"For fiscal year 2008, a district's first tier
referendum equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $700. For fiscal years 2009 and later, a district's first tier
referendum equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $800."
Page 34, line 32, strike ", the"
Page 34, strike lines 33 and 34
Page 34, line 35, strike "revenue must be used to finance
school operations"
Page 36, line 11, strike "and"
Page 36, line 12, strike "annual percentage"
Page 36, line 18, strike "and annual percentage"
Page 53, after line 29, insert:
"Sec. 58. Laws
2003, First Special Session chapter 9, article 1, section 51, is amended to
read:
Sec. 51. [STAFF
DEVELOPMENT RESERVED REVENUE; FISCAL YEARS 2004 AND 2005.]
Subdivision 1.
[FISCAL YEARS 2004 AND 2005.] Notwithstanding Minnesota Statutes,
section 122A.61, subdivision 1, for fiscal years 2004 and 2005 only, a school
district must reserve an amount equal to at least zero percent of the basic
revenue under Minnesota Statutes, section 126C.10, subdivision 2. A district may waive this requirement by a
majority vote of the licensed teachers in the district and a majority vote of
the school board. A district in
statutory operating debt is exempt from this requirement.
Subd. 2. [FISCAL
YEARS 2006 AND 2007.] A school district is not subject to Minnesota
Statutes, sections 122A.60 and 122A.61, subdivision 1, for fiscal years 2006
and 2007.
[EFFECTIVE DATE.] This
section is effective July 1, 2005."
Page 54, delete section 60
Page 55, line 9, delete "2004" and insert
"2003"
Page 56, line 15, delete "$5,135,844,000" and
insert "$5,136,086,000"
Page 56, line 16, delete "$5,359,019,000" and
insert "$5,361,776,000"
Page 56, line 18, delete "$4,350,866,000" and
insert "$4,351,108,000"
Page 56, line 19, delete "$814,640,000" and
insert "$814,688,000"
Page 56, line 20, delete "$4,544,379,000" and
insert "$4,547,088,000"
Page 58, after line 10, insert:
"Subd. 13.
[COMPENSATORY REVENUE PILOT PROJECT.] For a grant to Independent
School District No. 11, Anoka-Hennepin, for participation in the compensatory
revenue pilot program under section 63:
$2,000,000
. . . . .
2006
$2,000,000
. . . . .
2007
This is a onetime appropriation."
Page 82, line 4, before "A" insert "(a)"
Page 82, after line 12, insert:
"(b) The definition of suspension under section
121A.41, subdivision 10, does not apply to a student's dismissal from school
for one school day or less, except as provided under federal law for a student
with a disability. Each suspension
action may include a readmission plan.
A readmission plan must provide, where appropriate, alternative
education services, which must not be used to extend the student's current
suspension period. Consistent with
section 125A.091, subdivision 5, a readmission plan must not obligate a parent
or guardian to provide psychotropic drugs to their student as a condition of
readmission. School officials must not
use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation,
screening or examination of the student as a ground, by itself, to prohibit the
student from attending class or participating in a school-related activity, or
as a basis of a charge of child abuse, child neglect or medical or educational
neglect."
Page 94, line 17, after "commissioner" insert "may
sort applications by geographic region and"
Page 94, line 20, after "received" insert
"from each region"
Page 98, line 5, delete "noninstructional"
Page 98, line 6, delete "services" and insert
"administrative efficiencies"
Page 98, line 7, delete "services" and insert
"efficiencies, administrative functions related to"
Page 98, line 12, after the period
insert "All administrative efficiencies implemented by the education
administrative district under the agreement in this section must be in
compliance with employee collective bargaining agreements in effect in each
member school district."
Page 98, delete lines 13 to 33
Page 98, line 35, delete "with"
Page 98, line 36, delete "exclusive representative
written consent"
Pages 100 and 101, delete section 46
Page 131, delete lines 15 to 30, and insert:
"Sec. 71.
Minnesota Statutes 2004, section 128C.12, subdivision 1, is amended to
read:
Subdivision 1. [DUES
AND EVENTS REVENUE.] (a) The state auditor annually must examine the
accounts of, and audit all money paid to, the State High School League by its
members. The audit must include
financial and compliance issues. The state
auditor audit must also audit include all money
derived from any event sponsored by the league. League audits must include audits of administrative regions of
the league. The league and its
administrative regions may not contract with private auditors. The scope of the state auditor's
examinations of the league must be agreed upon by the board and the state
auditor, provided that all requirements of this section must be met.
(b) The administrative regions of the league may contract
with the state auditor or with a private certified public accountant for the
audit required by this section. If a
private certified public accountant performs the audit, the state auditor may
require additional information from the private certified public accountant as
the state auditor deems in the public interest. The state auditor may accept the audit or make additional
examinations as the state auditor deems to be in the public interest.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 72. Minnesota
Statutes 2004, section 128C.12, subdivision 3, is amended to read:
Subd. 3. [COPIES.] The state
auditor board must file copies of the financial and compliance
audit report with the commissioner of education and the director of the
Legislative Reference Library.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Pages 148 and 149, delete section 86
Page 150, after line 10, insert:
"Sec. 89.
[SUPPLEMENTAL AGREEMENTS; ALTERNATIVE TEACHER PAY.]
Notwithstanding Minnesota Statutes, section 179A.20, or
other law to the contrary, a school board and the exclusive representative of
the teachers that enter into a collective bargaining agreement for the period
July 1, 2005, to June 30, 2007, before the effective date of this act may enter
into a supplemental agreement solely for the purpose of complying with the
alternative teacher pay provisions under Minnesota Statutes, sections 122A.414
and 122A.415.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Page 152, lines 22 and 23, delete "$4,500,000"
and insert "$2,500,000"
Page 154, delete lines 28 to 33
Page 154, line 35, before "Minnesota" insert
"(a)"
Page 154, after line 35, insert:
"(b) Minnesota Statutes 2004, section 128C.12,
subdivision 4, is repealed."
Page 154, line 36, after "section" insert
", paragraph (a),"
Page 155, line 1, after the period, insert "This
section, paragraph (b), is effective the day following final enactment."
Page 156, line 13, strike "sympathomimetic
medications" and insert "psychotropic drugs"
Page 156, line 14, after the period, insert ""Psychotropic
drug" means a substance used in the diagnosis, treatment or prevention of
a disease or as a component of a medication, and intended to have an altering
effect on perception, emotion, or behavior.
School officials must not use the refusal of a parent or guardian to
consent to the administration of a psychotropic drug to their student or to
consent to a psychiatric evaluation, screening or examination of the student as
a ground, by itself, to prohibit the student from attending class or
participating in a school-related activity, or as a basis of a charge of child
abuse, child neglect, or medical or educational neglect."
Page 158, line 7, after the period, insert "Special
education aid paid to the district or cooperative providing special instruction
and services for the pupil must be increased by the amount of the reduction in
the aid paid to the resident district.
Amounts paid to cooperatives under this subdivision and section 127A.47,
subdivision 7, shall be recognized and reported as revenues and expenditures on
the resident school district's books of account under sections 123B.75 and
123B.76."
Page 158, after line 10, insert:
"(c) Notwithstanding paragraphs (a) and (b) and section
127A.47, subdivision 7, paragraphs (d) and (e), a charter school where more
than 30 percent of enrolled students receive special education and related
services, an intermediate district, or a special education cooperative may
apply to the commissioner for authority to charge the resident district an
additional amount to recover any remaining unreimbursed costs of serving pupils
with a disability. The application must
include a description of the costs and the calculations used to determine the
unreimbursed portion to be charged to the resident district. Amounts approved by the commissioner under
this paragraph must be included in the tuition billings or aid adjustments
under paragraph (a) or (b), or section 127A.47, subdivision 7, paragraph (d) or
(e), as applicable."
Page 158, line 27, delete "or an employee of a
nonpublic school"
Page 167, line 36, after "district" insert
"or cooperative"
Page 168, line 1, delete ", or to the fiscal agent
district for a"
Page 168, line 2, delete "cooperative,"
Page 184, after line 24, insert:
"Sec. 15. [LEVY;
RED WING.]
For taxes payable in 2006 only, Independent School District
No. 256, Red Wing, may levy an amount up to $158,000 for the construction
deficit for building the community ice arena.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006."
Pages 184 and 185, delete section 15
Page 185, after line 6, insert:
"Sec. 16.
[RESIDENTIAL PROGRAM FACILITIES; WORTHINGTON.]
Subject to Minnesota Statutes, section 16A.695, Independent
School District No. 518, Worthington, may use the facilities provided under
Laws 1994, chapter 643, section 14, subdivision 8, as amended by Laws 1995,
chapter 76, section 1, to provide adult foster care or child foster care
services licensed by the commissioner of human services or for other special
education purposes.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Page 186, delete lines 13 to 22 and insert:
"Subdivision 1. [DEFINITIONS.] "Direct classroom expenditures" means
instructional expenditures as defined in the uniform financial accounting and
reporting standards, excluding tuition payments to other Minnesota school
districts, capital expenditures, and expenditures for athletics, other
cocurricular activities and extracurricular activities. "Total K-12 operating
expenditures" means the total expenditures in the general and food service
funds, as defined in the uniform financial accounting and reporting standards,
excluding tuition payments to other Minnesota school districts and capital
expenditures."
Page 186, line 24, after "total" insert "K-12"
Page 186, line 27, after "total" insert "K-12"
Page 186, line 34, after "total" insert "K-12"
Page 198, line 35, delete ", social and"
Page 198, line 36, delete "emotional"
Page 201, line 33, delete the comma
Page 201, line 34, delete "socially, emotionally,"
and after "physically" insert "and teach the
self-discipline necessary"
Page 202, line 8, delete the first "child" and
insert "child's cognitive skills"
Page 202, line 13, delete "determine whether to
implement model early"
Page 202, line 14, delete "childhood indicators
of progress developed by the department" and strike the semicolon
Page 202, line 15, strike "(3)"
Page 202, line 19, delete "social emotional"
Page 202, line 21, strike "(4)" and insert "(3)"
Page 202, line 24, strike "(5)" and insert "(4)"
Page 202, line 27, strike "(6)" and insert "(5)"
Page 202, line 31, strike "(7)" and insert "(6)"
Page 205, line 28, delete "and expands the capacity"
Page 205, line 31, after the period, insert "Children
eligible to participate under this section must demonstrate two or more of the
following characteristics:
(1) are members of a household with an income less than 75
percent of the statewide median family income;
(2) live in divorced or separated households headed by a
single parent;
(3) have experienced residential instability, homelessness,
or have parents who have been unemployed in the past 12 months;
(4) have a parent who has not received a high school diploma
or its equivalent;
(5) speak a primary language other than English;
(6) are determined by a qualified early childhood or other
professional to require additional developmental screening, diagnosis, or
treatment;
(7) have been placed in three or more child care settings in
the past 12 months or are determined by a qualified early childhood or other
professional to have been a victim of bullying;
(8) have a parent who has undergone treatment for chemical
abuse or mental illness; or
(9) other criteria determined by the commissioner in
consultation with qualified early childhood or other professionals.
(c)"
Page 206, line 2, delete "programmatic" and
insert "academic"
Page 206, delete lines 3 and 4
Page 206, line 5, delete everything before the semicolon
Page 206, line 6, delete "programmatic" and
insert "academic"
Page 206, line 7, delete ", which may be
performed using the"
Page 206, delete line 8
Page 206, line 9, delete "department"
Page 211, after line 1, insert:
"Sec. 20. [MELF
PROGRESS REPORT.]
Consistent with Minnesota Statutes, section 124D.175, the
private nonprofit organization under contract with the commissioner of
education must submit to the education policy and finance committees of the
legislature by February 1, 2008, an interim progress report evaluating the
programmatic and financial efficacy of the programs receiving grant awards."
Pages 219 and 220, delete section 3
Page 220, delete lines 24 to 27
Page 220, line 28, delete "5" and insert
"4"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 26, delete "123A.21, by adding a
subdivision;"
Page 2, line 16, delete "subdivision 1;" and insert
"subdivisions 1, 3;"
Page 2, line 23, delete "section" and insert
"sections 51;"
Page 2, line 48, before the period, insert "; 128C.12,
subdivision 4"
With the recommendation that when so amended the bill pass.
The report was adopted.
Abrams from the Committee on Ways and Means to which was
referred:
H. F. No. 1420, A bill for an act relating to agriculture;
appropriating money for agricultural purposes; establishing and modifying
certain programs; providing for regulation of certain activities and practices;
providing for accounts, assessments, and fees; providing for the issuance of
state bonds; amending Minnesota Statutes 2004, sections 13.643, by adding a
subdivision; 17.03, subdivision 13; 17.117, subdivision 11, by adding a
subdivision; 17.452, by adding a subdivision; 17.982, subdivision 1; 17.983,
subdivisions 1, 3; 17B.03, subdivision 1; 18B.08, subdivision 4; 18B.26,
subdivision 3; 18B.31, subdivision 5; 18B.315, subdivision 6; 18B.32, subdivision
6; 18B.33, subdivision 7; 18B.34, subdivision 5; 18C.141, subdivisions 1, 3, 5;
18C.425, subdivision 6; 18E.03, subdivision 2; 18G.03, subdivision 1; 18G.10,
subdivisions 5, 7; 18H.02, subdivisions 21, 22, 23, 32, 34, by adding a
subdivision; 18H.05; 18H.06; 18H.07, subdivisions 1, 2, 3; 18H.09; 18H.13,
subdivision 1; 18H.15; 18H.18, subdivision 1; 19.64, subdivision 1; 25.341,
subdivision 2; 25.39, subdivisions 1, 4; 31.94; 35.02, subdivision 1; 35.03;
35.05; 35.155; 38.01; 38.16; 41A.09, subdivisions 2a, 3a; 41B.046, subdivision
5; 41B.049, subdivisions 2, 4; 174.52, subdivision 5; 223.17, subdivision 3;
231.08, by adding subdivisions; 231.09; 231.11; 231.16; 231.18, subdivisions 3, 5; 232.22, subdivision 3;
236.02, subdivision 4; 327.23, subdivision 2, by adding a subdivision; 394.25,
subdivision 3c; 462.355, subdivision 4; 462.357, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 16C; 25; 35; 41B;
156; 231; 583; 604; repealing Minnesota Statutes 2004, sections 17.451; 17.452,
subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16; 17.983, subdivision 2;
18B.065, subdivision 5; 18H.02, subdivisions 15, 19; 19.64, subdivision 4a;
35.0661, subdivision 4; 41B.046, subdivision 3; Laws 1986, chapter 398, article
1, section 18, as amended; Minnesota Rules, parts 1560.7700; 1560.7750;
1560.7800; 1560.7850; 1560.7900; 1560.8000; 1560.8100; 1560.8200; 1560.8300;
1560.8400; 1560.8500; 1560.8600; 1560.8700; 1560.8800.
Reported the same back with the following amendments:
Page 5, line 26, before the period insert
"and to administer a dairy investment tax credit program"
Page 39, line 27, strike "constables" and insert
"peace officers"
Page 39, line 29, strike "constables" and insert
"peace officers"
Page 39, line 33, strike "all the power and"
Page 39, line 34, strike "authority of constables at
common law" and insert "full powers of arrest" and strike
", in addition" and after "thereto" strike the comma
Page 40, line 7, strike "constables" and insert
"peace officers"
Page 40, line 9, strike "constables" and insert
"peace officers"
Page 40, line 26, reinstate the stricken language and delete
the new language
Page 45, line 8, strike everything before the period and insert
"revolving loan account established in section 41B.06"
Page 46, line 25, strike "fund created in subdivision
2" and insert "loan account established in section 41B.06"
Page 48, line 30, delete "Floating" and after
"teeth" insert "floating"
Page 49, delete lines 8 and 9 and insert:
"Subd. 2.
[EQUINE TEETH FLOATING SERVICES.] (a) A person may perform equine
teeth floating services after submitting to the board the following:
(1) proof of current certification from the International
Association of Equine Dentistry or other professional equine dentistry
association as determined by the board; and
(2) a written statement signed by a supervising veterinarian
experienced in equine medicine that the applicant will be under direct or
indirect supervision of the veterinarian when floating equine teeth.
(b) The board must waive the requirement in paragraph (a),
clause (1), and allow a person to perform equine teeth floating services if the
person provides satisfactory evidence of being actively engaged in equine teeth
floating for at least ten of the past 15 years and has generated at least
$5,000 annually in personal income from this activity."
With the recommendation that when so amended the bill pass.
The report was adopted.
Paulsen from the Committee on Rules
and Legislative Administration to which was referred:
H. F. No. 1929, A bill for an act relating to building
officials; requiring adoption and application of certain competency and
certification criteria; providing for continuing education; amending Minnesota
Statutes 2004, section 16B.65, subdivisions 3, 7; proposing coding for new law
in Minnesota Statutes, chapter 16B.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2187, A bill for an act relating to public and
municipal corporations; creating a county subsidiary corporation to provide
health care and related services, education, and research; providing for
governance of Hennepin County Medical Center; amending Minnesota Statutes 2004,
sections 179A.03, subdivisions 7, 14, 15; 179A.06, subdivision 2; 353.01,
subdivisions 2b, 2d, 6; 353.64, subdivision 10; 353E.02, subdivision 2a;
383B.117, subdivision 2; 383B.217, subdivision 7; 383B.46; proposing coding for
new law in Minnesota Statutes, chapters 179A; 383B; repealing Minnesota
Statutes 2004, section 383B.217, subdivisions 1, 2, 3, 4, 5, 6, 8.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
House Resolution No. 12, A House resolution recognizing May 5,
2005, as a Day of Prayer in Minnesota.
Reported the same back with the recommendation that the
resolution be adopted.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 872, 1420, 1929 and 2187 were read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Hornstein, Davids, Mahoney and DeLaForest introduced:
H. F. No. 2497, A bill for an act relating to commerce;
requiring separate licensure for industrial loan and thrift companies acting as
currency exchanges; amending Minnesota Statutes 2004, sections 53.05; 53A.01,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Commerce and Financial Institutions.
CALENDAR
FOR THE DAY
H. F. No. 42 was reported to the House.
Howes and Dill moved to amend H. F. No. 42, the second
engrossment, as follows:
Page 2, after line 8, insert:
"Sec. 3. [EFFECTIVE DATE.]
This section is effective the day following final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 42, A bill for an act relating to firearms;
authorizing the use of silencers to muffle discharges of firearms for natural
resource wildlife control; amending Minnesota Statutes 2004, section 609.66,
subdivisions 1h, 2.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 121 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Wagenius
The bill was passed, as amended, and its title agreed to.
S. F. No. 1056, A bill for an act
relating to motor vehicles; providing for issuance of registration plates and
stickers to motor vehicle dealers; providing for electronic transmission of
motor vehicle transfers; authorizing an optional electronic transfer fee for
electronic transfer of ownership records; amending Minnesota Statutes 2004,
sections 168.27, by adding a subdivision; 168.33, subdivision 7, by adding a
subdivision; 168.66, subdivision 14, by adding a subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 125 yeas and 2
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Murphy
Nelson, M.
The bill was passed and its title agreed to.
S. F. No. 1486, A bill for an act relating to public safety;
prohibiting quotas for issuing traffic and vehicle inspection citations;
amending Minnesota Statutes 2004, section 299D.08.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 1841, A bill for an act relating to natural
resources; eliminating the Project Riverbend Board; amending Minnesota Statutes
2004, sections 103F.387; 103F.389, subdivision 2; 103F.391; repealing Minnesota
Statutes 2004, sections 103F.383, subdivisions 1, 2; 103F.385; 103F.389,
subdivisions 3, 4; 103F.393.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 731, A bill for an act relating to the
environment; modifying individual sewage treatment system inspection
requirements to avoid conflicts of interest; amending Minnesota Statutes 2004,
section 115.55, subdivision 5.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1394, A bill for an act relating to veterans;
authorizing the placement of a plaque in the court of honor on the capitol
grounds to honor the veterans of the Persian Gulf War.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 879, A bill for an act relating to elections;
providing for elimination of the state primary in a municipality or county if
no nominee must be selected at the state primary for any partisan or
nonpartisan office in that municipality or county; amending Minnesota Statutes
2004, section 204D.03, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 1016, A bill for an act relating to local
government; permitting delegation of duties to board of adjustment; amending Minnesota
Statutes 2004, section 18.83, subdivision 3.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 284, A bill for an act relating to health;
authorizing the limited use of zero-depth public swimming pools without a
lifeguard; amending Minnesota Statutes 2004, section 144.1222, by adding a
subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 2
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Greiling
Hoppe
The bill was passed and its title agreed to.
Paulsen moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Severson moved that the name of Tingelstad be added as an
author on H. F. No. 1240.
The motion prevailed.
Lenczewski moved that the name of Westrom be added as an author
on H. F. No. 2435. The
motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Abrams announced his intention to place
H. F. No. 872 on the Fiscal Calendar for Wednesday, May 4, 2005.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Wednesday, May 4, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:00 p.m., Wednesday, May 4, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives