Journal of the House - 60th Day - Monday, May 16, 2005

A quorum was present.

Finstad was excused.

Charron was excused until 10:40 a.m. Dorman was excused until 10:50 a.m. Olson was excused until 11:25 a.m.

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

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4032

REPORTS OF CHIEF CLERK

S. F. No. 1378 and H. F. No. 1556, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Huntley moved that S. F. No. 1378 be substituted for H. F. No. 1556 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1738 and H. F. No. 1839, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Ruth moved that the rules be so far suspended that S. F. No. 1738 be substituted for H. F. No. 1839 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1846 and H. F. No. 1964, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Peterson, N., moved that the rules be so far suspended that S. F. No. 1846 be substituted for H. F. No. 1964 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1998 and H. F. No. 2023, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wilkin moved that the rules be so far suspended that S. F. No. 1998 be substituted for H. F. No. 2023 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 1161, A bill for an act relating to health; recodifying statutes and rules relating to social work; modifying provisions relating to physical therapists; modifying dental licensure provisions; modifying provisions for licensed professional counselors; modifying physician review; modifying information contained on prescriptions; providing recognition for the practice of respiratory therapy in emergency situations; providing that audiologists need not obtain hearing instrument dispenser certification; providing penalties; establishing penalty fees for certain credentialed health occupations; authorizing rulemaking; establishing fees; providing criminal penalties; amending Minnesota Statutes 2004, sections 13.383, subdivision 10; 13.411, subdivision 5; 144.335, subdivision 1; 144A.46, subdivision 2; 147.09; 147A.18, subdivisions 1, 3; 147C.05; 148.512, subdivision 6, by adding subdivisions;

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148.513, by adding a subdivision; 148.515, by adding a subdivision; 148.5194, by adding subdivisions; 148.5195, subdivision 3; 148.5196, subdivision 1; 148.6445, by adding a subdivision; 148.65, by adding subdivisions; 148.706; 148.75; 148B.53, subdivisions 1, 3; 148B.54, subdivision 2; 148B.59; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, 6, by adding a subdivision; 148C.091, subdivision 1; 148C.10, subdivision 2; 148C.11, subdivisions 1, 4, 5, 6; 148C.12, subdivision 3, by adding a subdivision; 150A.01, subdivision 6a; 150A.06, subdivision 1a; 153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i, 4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision 1; 214.01, subdivision 2; 214.06, subdivision 1, by adding a subdivision; 245.462, subdivision 18; 245.4871, subdivision 27; 256B.0625, subdivision 38; 256J.08, subdivision 73a; 319B.02, subdivision 19; 319B.40; proposing coding for new law in Minnesota Statutes, chapters 148; 148B; 150A; 153A; proposing coding for new law as Minnesota Statutes, chapter 148D; repealing Minnesota Statutes 2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24; 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; 148B.289; 148C.02; 148C.12, subdivision 4; 153A.14, subdivisions 2a, 8, 10; 153A.19; Minnesota Rules, parts 4747.0030, subparts 11, 16; 4747.1200; 4747.1300; 5601.0100, subparts 3, 4; 8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345.

Reported the same back with the following amendments:

Page 54, delete lines 31 to 36

Page 55, delete lines 1 to 21

Page 129, line 32, after the semicolon, insert "and"

Page 129, line 36, delete "; and" and insert a period

Page 130, delete lines 1 and 2

Page 156, after line 19, insert:

"ARTICLE 10

FEE REDUCTIONS

Section 1. [TEMPORARY FEE REDUCTION.]

Beginning January 1, 2006, for fiscal year 2006, and for fiscal years 2007, 2008, and 2009, the following fee changes for fees specified in Minnesota Statutes, section 148D.175, are effective:

(1) in subdivision 1, the application fee for a licensed independent social worker is reduced to $45;

(2) in subdivision 1, the application fee for a licensed independent clinical social worker is reduced to $45;

(3) in subdivision 1, the application fee for a licensure by endorsement is reduced to $85;

(4) in subdivision 2, the license fee for a licensed social worker is reduced to $90;

(5) in subdivision 2, the license fee for a licensed graduate social worker is reduced to $160;

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4034

(6) in subdivision 2, the license fee for a licensed independent social worker is reduced to $240;

(7) in subdivision 2, the license fee for a licensed independent clinical social worker is reduced to $265;

(8) in subdivision 3, the renewal fee for a licensed social worker is reduced to $90;

(9) in subdivision 3, the renewal fee for a licensed graduate social worker is reduced to $160;

(10) in subdivision 3, the renewal fee for a licensed independent social worker is reduced to $240;

(11) in subdivision 3, the renewal fee for a licensed independent clinical social worker is reduced to $265; and

(12) in subdivision 5, the renewal late fee is reduced to one-third of the renewal fee specified in subdivision 3.

These fee reductions expire on June 30, 2009.

Sec. 2. [FEE REDUCTION.]

The Board of Dietetic and Nutrition Practice may lower its fees by an amount not to exceed $36,000 in each of fiscal years 2006, 2007, 2008, and 2009.

Sec. 3. [FEE REDUCTION.]

The Board of Nursing may lower its fees by an amount not to exceed $467,000 in fiscal year 2006 and $442,000 in each of fiscal years 2007, 2008, and 2009."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1364, A bill for an act relating to education; authorizing negotiation of additional probationary period upon promotion from assistant principal to principal in schools in cities of the first class; amending Minnesota Statutes 2004, section 122A.41, subdivision 5a.

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

The report was adopted.

Krinkie from the Committee on Taxes to which was referred:

H. F. No. 2498, A bill for an act relating to public finance; authorizing purchases of certain guaranteed investment contracts; authorizing a special levy; modifying the authority of cities and counties to finance purchases of computers and related items; extending the term of certain notes; clarifying the financing of conservation easements; extending sunsets on establishment of special service districts and housing improvement areas; providing for financing of certain improvements; extending the maximum maturity of certain bonds; revising time for certain notices of issues; exempting obligations issued to pay judgments from net debt limits; modifying the authority to

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4035

finance street reconstruction; modifying limits on city capital improvement bonds and enabling certain towns to issue bonds under a capital improvement plan; modifying certain tax increment financing provisions; providing a bidding exception; increasing reserve from public facilities pool for certain purposes; providing for payment of certain refunding bonds; abolishing the housing bond credit enhancement program and providing for debt service on the bonds; authorizing a tax abatement extension; providing for an international economic development zone; providing tax incentives; requiring a report; appropriating money for certain refunds; amending Minnesota Statutes 2004, sections 13.55, by adding a subdivision; 116J.556; 118A.05, subdivision 5; 272.02, by adding a subdivision; 275.70, subdivision 5; 290.01, subdivisions 19b, 29; 290.06, subdivision 2c, by adding a subdivision; 290.067, subdivision 1; 290.0671, subdivision 1; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 297A.68, by adding a subdivision; 343.11; 373.01, subdivision 3; 373.40, subdivision 1; 410.32; 412.301; 428A.101; 428A.21; 469.015, subdivision 4; 469.034, subdivision 2; 469.158; 469.174, subdivisions 11, 25; 469.175, subdivisions 1, 4a, 6; 469.176, subdivisions 2, 4d; 469.1761, subdivisions 1, 3; 469.1763, subdivision 6; 469.177, subdivision 1; 469.1771, subdivision 5; 469.178, subdivision 1; 469.1813, subdivisions 1, 6; 473.197, subdivision 4; 473.39, subdivision 1f, by adding a subdivision; 474A.061, subdivision 2c; 474A.131, subdivision 1; 475.51, subdivision 4; 475.52, subdivisions 1, 3, 4; 475.521, subdivisions 1, 2, 3, 4; Laws 1996, chapter 412, article 5, section 24; Laws 2003, chapter 127, article 12, section 38; proposing coding for new law in Minnesota Statutes, chapters 428A; 452; 469; repealing Minnesota Statutes 2004, sections 469.176, subdivision 1; 469.1766; 473.197, subdivisions 1, 2, 3, 5; Laws 1998, chapter 389, article 11, section 19, subdivision 3.

Reported the same back with the following amendments:

Page 5, after line 36, insert:

"Sec. 4. Minnesota Statutes 2004, section 298.223, subdivision 1, is amended to read:

Subdivision 1. [CREATION; PURPOSES.] A fund called the taconite environmental protection fund is created for the purpose of reclaiming, restoring and enhancing those areas of northeast Minnesota located within the taconite assistance area defined in section 273.1341, that are adversely affected by the environmentally damaging operations involved in mining taconite and iron ore and producing iron ore concentrate and for the purpose of promoting the economic development of northeast Minnesota. The taconite environmental protection fund shall be used for the following purposes:

(a) to initiate investigations into matters the Iron Range Resources and Rehabilitation Board determines are in need of study and which will determine the environmental problems requiring remedial action;

(b) reclamation, restoration, or reforestation of minelands not otherwise provided for by state law;

(c) local economic development projects ~~including construction of sewer and water systems, and other~~ but only if those projects are approved by the board, and public works, including construction of sewer and water systems located within the taconite assistance area defined in section 273.1341;

(d) monitoring of mineral industry related health problems among mining employees.

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

Page 7, line 1, reinstate the stricken "The authority to issue capital notes for"

Page 7, line 2, reinstate the stricken "software expires on July 1," and after the stricken "2005" insert "2007" and reinstate the stricken period

Page 8, line 23, reinstate the stricken language

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4036

Page 8, line 24, reinstate the stricken "authority to issue capital notes for"

Page 8, line 25, reinstate the stricken "software expires on July 1," and after the stricken "2005" insert "2007" and reinstate the stricken period

Page 9, line 20, reinstate the stricken "The authority to issue capital notes for"

Page 9, line 21, reinstate the stricken "software expires on July 1," and after the stricken "2005" insert "2007" and reinstate the stricken period

Page 10, line 13, after "established" insert "or modified"

Page 10, line 14, after "establishing" insert "or modifying"

Page 10, line 28, after "established" insert "or modified"

Page 10, line 29, after "establishing" insert "or modifying"

Page 10, after line 32, insert:

"Sec. 14. [429.052] [STREET OR ROAD IMPROVEMENTS OUTSIDE MUNICIPAL BOUNDARIES.]

A municipality may construct street or road improvements outside its jurisdiction with the consent of the affected township, or if the property is located in unorganized territory, the county. When property is brought within the corporate limits of the municipality, the municipality may subsequently reimburse itself for all or any portion of the cost of the improvement for which municipal funds have been expended, by levying an assessment upon any property abutting on, but not previously assessed for, the improvement. No assessment may be so levied unless the property to be assessed was given notice and hearing of the improvements under section 429.031 at the time the improvement was ordered and subsequently upon notice and hearing as provided for the improvement initially made.

[EFFECTIVE DATE.] This section is effective for street and road improvements first ordered after August 1, 2005."

Page 17, lines 22 to 25, delete the new language

Page 17, line 26, strike "in" and insert "outside of"

Page 30, after line 16, insert:

"Sec. 43. [IRON RANGE RESOURCES AND REHABILITATION COMMISSIONER; BONDS AUTHORIZED.]

Subdivision 1. [ISSUANCE; PURPOSE.] Notwithstanding any provision of Minnesota Statutes, chapter 298, to the contrary, the commissioner of Iron Range resources and rehabilitation may issue revenue bonds in a principal amount of $15,000,000 in one or more series, and bonds to refund those bonds. The proceeds of the bonds must be used to make grants to school districts located in the taconite tax relief area defined in Minnesota Statutes, section 273.134, or the taconite assistance area defined in Minnesota Statutes, section 273.1341, to be used by the school districts to pay for health, safety, and maintenance improvements but only if the school district has levied the maximum amount allowable under law for those purposes.

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Subd. 2. [APPROPRIATION.] There is annually appropriated from the distribution of taconite production tax revenues to the taconite environmental protection fund pursuant to Minnesota Statutes, section 298.28, subdivision 11, and to the Douglas J. Johnson economic protection trust pursuant to Minnesota Statutes, section 298.28, subdivisions 9 and 11, in equal shares, an amount sufficient to pay when due the principal and interest on the bonds issued pursuant to subdivision 1. If the annual distribution to the Douglas J. Johnson economic protection trust is insufficient to pay its share after fulfilling any obligations of the trust under Minnesota Statutes, section 298.225 or 298.293, the deficiency is appropriated from the taconite environmental protection fund. The appropriation under this subdivision terminates upon payment or maturity of the last of the bonds issued under this section.

Subd. 3. [CREDIT ENHANCEMENT.] The bonds issued under this section are "debt obligations" and the commissioner of Iron Range resources and rehabilitation is a "district" for purposes of Minnesota Statutes, section 126C.55, provided that advances made under Minnesota Statutes, section 126C.55, subdivision 2, are not subject to Minnesota Statutes, section 126C.55, subdivisions 4 to 7.

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

Page 30, line 18, delete "19, 20, 21, and 42" and insert "21, 22, 23, and 45"

Page 30, line 24, delete "37 to 40" and insert "39 to 42"

Page 31, after line 21, insert:

"Sec. 2. Minnesota Statutes 2004, section 272.02, subdivision 64, is amended to read:

Subd. 64. [JOB OPPORTUNITY BUILDING ZONE PROPERTY.] (a) Improvements to real property, and personal property, classified under section 273.13, subdivision 24, and located within a job opportunity building zone, designated under section 469.314, are exempt from ad valorem taxes levied under chapter 275.

(b) Improvements to real property, and tangible personal property, of an agricultural production facility located within an agricultural processing facility zone, designated under section 469.314, is exempt from ad valorem taxes levied under chapter 275.

(c) For property to qualify for exemption under paragraph (a), the occupant must be a qualified business, as defined in section 469.310.

(d) The exemption applies beginning for the first assessment year after designation of the job opportunity building zone by the commissioner of employment and economic development. The exemption applies to each assessment year that begins during the duration of the job opportunity building zone and to property occupied by July 1 of the assessment year by a qualified business. This exemption does not apply to:

(1) the levy under section 475.61 or similar levy provisions under any other law to pay general obligation bonds; or

(2) a levy under section 126C.17, if the levy was approved by the voters before the designation of the job opportunity building zone.

(e) This subdivision does not apply to a parcel of property for any taxes payable year in which the parcel is contained in both:

(1) an agricultural processing zone, designated under section 469.314, subdivision 1, paragraph (b); and

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(2) a tax increment financing district, if the request for certification of the district was made before January 1, 2004.

[EFFECTIVE DATE.] This section is effective beginning for taxes payable in 2006."

Page 35, after line 16, insert:

"Sec. 7. Minnesota Statutes 2004, section 469.175, subdivision 5, is amended to read:

Subd. 5. [ANNUAL DISCLOSURE.] An annual statement showing for each district the information required to be reported under subdivision 6, paragraph (c), clauses (1), (2), (3), (11), (12), ~~(20), and (21)~~ (18), and (19); the amounts of tax increment received and expended in the reporting period; and any additional information the authority deems necessary must be published in a newspaper of general circulation in the municipality that approved the tax increment financing plan. The annual statement must inform readers that additional information regarding each district may be obtained from the authority, and must explain how the additional information may be requested. The authority must publish the annual statement for a year no later than August 15 of the next year. The authority must identify the newspaper of general circulation in the municipality to which the annual statement has been or will be submitted for publication and provide a copy of the annual statement to the county board, the county auditor, the school board, the state auditor, and, if the authority is other than the municipality, the governing body of the municipality on or before August 1 of the year in which the statement must be published.

The disclosure requirements imposed by this subdivision apply to districts certified before, on, or after August 1, 1979.

[EFFECTIVE DATE.] This section is effective for reports required to be filed after December 31, 2005."

Page 43, line 28, delete "only" and insert "are only used"

Page 50, line 13, delete "extend" and insert "compute"

Page 50, line 14, delete "by up to" and insert "without regard to any increment received for taxes payable in 2001."

Page 50, delete line 15

Page 51, line 35, after the headnote, insert "(a)"

Page 52, line 3, delete "currently"

Page 52, line 4, after "taxation" insert "for property taxes payable in 2005" and after "area" insert "defined in paragraph (b).

(b) For purposes of this section, "area" is"

Page 52, line 24, after the period, insert "Except as provided in paragraph (e),"

Page 52, delete line 25

Page 52, line 26, delete:

"(1)" and after "1" insert ", paragraph (b),"

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Page 52, line 27, after "1," insert "paragraph (b),"

Page 52, line 28, delete the semicolon and insert ". Increments may only be spent on one or more of the following costs, improvements, or activities:"

Page 52, delete lines 29 and 30

Page 52, line 31, delete "(i)" and insert "(1)"

Page 52, line 32, delete "(ii)" and insert "(2)"

Page 52, line 34, delete "(iii)" and insert "(3)"

Page 52, line 35, delete "(iv)" and insert "(4)"

Page 52, line 36, delete "(v)" and insert "(5)" and delete "and"

Page 53, line 1, delete "(vi)" and insert "(6)" and delete the period and insert ";

(7) wetland mitigation;

(8) soils correction; and

(9) environmental cleanup."

Page 53, line 2, delete "Notwithstanding paragraph (d), clause (1),"

Page 53, line 4, after "1," insert "paragraph (b),"

Page 53, line 5, delete "redevelopment"

Page 53, line 10, after "1" insert ", paragraph (b)"

Page 53, after line 23, insert:

"Sec. 22. [ST. PAUL; HOUSING AND REDEVELOPMENT AUTHORITY.]

Subdivision 1. [HOUSING AND REDEVELOPMENT SUBDISTRICTS.] For its tax increment financing districts identified in subdivision 2, the Housing and Redevelopment Authority of the city of St. Paul may establish subdistricts up to the number set forth for each tax increment financing district in subdivision 2. The subdistricts shall be treated as set forth in subdivision 3, notwithstanding the provisions of any other law to the contrary.

Subd. 2. [DIVISION INTO SUBDISTRICTS; AUTHORITY.] The tax increment financing districts with the following Ramsey County identification numbers may be divided into a number of subdistricts not to exceed the number set forth as follows: No. 224/233, six subdistricts; No. 225, six subdistricts; No. 228, three subdistricts; and No. 234, two subdistricts.

Subd. 3. [DESIGNATION OF PARCELS.] All parcels in a tax increment financing district listed in subdivision 2 must be assigned to a subdistrict. Each subdistrict established pursuant to this section shall consist of those parcels in the tax increment financing district which are designated by the commissioners of the Housing and

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Redevelopment Authority of the city of St. Paul by resolution, which parcels need not be contiguous. For purposes of determining tax increments and the parcels treated as paying tax increments, each subdistrict shall be treated as a separate tax increment district.

[EFFECTIVE DATE.] This section is effective the day after the governing body of the city of St. Paul and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

Page 70, line 14, after "zone" insert "and after June 30, 2007"

Page 70, line 16, after the period insert:

"(e)"

Page 70, line 17, after "made" insert "after the business signs the business subsidy agreement required under chapter 469 and"

Page 70, line 18, after the period, insert "For purchases made before July 1, 2007, the tax must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied, and then refunded in the manner provided in section 297A.75."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "modifying a taconite fund provision;"

Page 1, line 9, after the semicolon, insert "authorizing municipalities to improve streets and roads outside municipal boundaries;"

Page 1, line 13, delete "modifying the"

Page 1, line 14, delete "authority to finance street reconstruction;"

Page 1, line 17, after the semicolon, insert "authorizing the issuance of certain revenue bonds;"

Page 1, line 28, after the second comma, insert "subdivision 64,"

Page 1, line 34, after the first semicolon, insert "298.223, subdivision 1;"

Page 1, line 38, after the third comma, insert "5,"

Page 2, line 3, after the first semicolon, insert "429;"

Page 2, line 5, delete the first "1" and insert "1a"

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

The report was adopted.

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4041

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

H. F. No. 2511, A bill for an act relating to state government; authorizing the State Lottery to lease space for and operate a casino in the main terminal of the Minneapolis-St. Paul International Airport; appropriating money; amending Minnesota Statutes 2004, sections 349A.01, by adding a subdivision; 349A.10, subdivisions 2, 3, 5; 349A.11, subdivision 1; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A.

Reported the same back with the following amendments:

Page 9, line 1, delete "$......." and insert "There"

Page 9, line 2, after "Lottery" insert "the amount needed"

Page 9, delete lines 9 to 11

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

The report was adopted.

Pursuant to Joint Rule 2.03, H. F. No. 2511 was re-referred to the Committee on Rules and Legislative Administration.

Knoblach from the Committee on Ways and Means to which was referred:

S. F. No. 1368, A bill for an act relating to energy; providing for expedited cost recovery for certain transmission investments; authorizing and regulating transmission companies; permitting the transfer of transmission assets and operation to transmission companies; providing for expedited regulatory approval of transmission projects related to renewable generation; providing new criteria to analyze the need for transmission projects; establishing the framework for a wind energy tariff related to community development; requiring a wind integration study; transferring generation plant siting and transmission line routing authority from the Minnesota Environmental Quality Board to the Public Utilities Commission; providing for technical corrections to the energy assistance program; providing for a sustainably managed woody biomass generation project to satisfy the biomass mandate; providing for an electronic mail filing system at the Public Utilities Commission and Department of Commerce; making changes to the conservation investment program recommended by the legislative auditor; authorizing the creation of energy quality zones; regulating eligibility of biogas projects for the renewable energy production incentive; providing for the recovery of certain infrastructure investments by gas utilities; requiring a study of compensation of landowners for transmission easements; promoting the use of soy-diesel; providing for the adjustment of power purchase agreements to account for production tax payments; promoting the use of hydrogen as an energy source; requiring study of using biodiesel fuel to heat homes; expanding authority of city of Alexandria to enter into telecommunications-related joint ventures; appropriating money; amending Minnesota Statutes 2004, sections 13.681, by adding a subdivision; 116C.52, subdivisions 2, 4; 116C.53, subdivision 2; 116C.57, subdivisions 1, 2c, by adding a subdivision; 116C.575, subdivision 5; 116C.577; 116C.58; 116C.61, subdivision 3; 116C.69, subdivisions 2, 2a; 119A.15, subdivision 5a; 216B.02, by adding a subdivision; 216B.16, subdivision 6d, by adding subdivisions; 216B.1645, subdivision 1; 216B.2421, subdivision 2; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4042

a subdivision; 216B.2425, subdivisions 2, 7; 216B.243, subdivisions 3, 4, 5, 6, 7, 8; 216B.50, subdivision 1; 216B.62, subdivision 5, by adding a subdivision; 216B.79; 216C.052; 216C.09; 216C.41, subdivision 1; 462A.05, subdivisions 21, 23; Laws 2002, chapter 329, section 5; proposing coding for new law in Minnesota Statutes, chapters 216B; 216C.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1161 and 1364 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1378, 1738, 1846, 1998 and 1368 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Charron introduced:

H. F. No. 2516, A bill for an act relating to state government; designating the state fruit; proposing coding for new law in Minnesota Statutes, chapter 1.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 1461, A bill for an act relating to motor vehicles; modifying and simplifying provisions related to parking for persons with disabilities; making technical and clarifying changes; amending Minnesota Statutes 2004, sections 85.052, subdivision 3; 85.053, subdivision 7; 168.011, subdivision 4, by adding a subdivision; 168.021; 168.33, subdivision 8; 169.345; 169.346, subdivisions 1, 2, 2a, 3.

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4043

H. F. No. 1922, A bill for an act relating to state government; authorizing the commissioner of administration to transfer state surplus computers to Minnesota Computers for Schools; amending Minnesota Statutes 2004, section 16C.23, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 902, A bill for an act relating to state government; appropriating money for environmental and natural resources purposes; establishing and modifying certain programs; reorganizing environmental agencies; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2004, sections 15.01; 16A.125, subdivision 5; 84.027, subdivisions 12, 15, by adding a subdivision; 84.0274, by adding subdivisions; 84.0911, subdivision 2; 84.631; 84.775, subdivision 1; 84.788, subdivision 3, by adding a subdivision; 84.789, by adding a subdivision; 84.791, subdivisions 1, 2; 84.798, subdivision 1, by adding a subdivision; 84.804, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.8205, subdivisions 1, 3, 4, 6; 84.83, subdivision 3; 84.86, subdivision 1; 84.91, subdivision 1; 84.922, subdivision 2, by adding a subdivision; 84.925, subdivision 1, by adding a subdivision; 84.9256, subdivision 1; 84.9257; 84.926; 84.928, subdivisions 1, 2; 84D.03, subdivision 4; 85.015, subdivision 5; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision; 85.42; 85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 88.17, subdivision 1, by adding subdivisions; 88.6435, subdivision 4; 89.039, subdivision 1; 89.19, subdivision 2; 89.36, subdivision 2; 89.37, subdivision 4; 92.03, subdivision 4; 93.22, subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 94.343, subdivisions 1, 3, 7, 8, 10, by adding subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by adding a subdivision; 97A.055, subdivision 4b; 97A.061, by adding a subdivision; 97A.071, subdivision 2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 97A.551, by adding a subdivision; 97B.015, subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 97C.327; 97C.395, subdivision 1; 103F.535, subdivision 1; 103G.271, subdivision 6; 103G.301, subdivision 2; 103G.615, subdivision 2; 103I.681, subdivision 11; 115.06, subdivision 4; 115.551; 115A.03, subdivisions 21, 32a; 115A.06, subdivision 5; 115A.07, subdivision 1; 115A.072, subdivision 1; 115A.12; 115A.15, subdivision 7; 115A.38, subdivision 1; 115A.545, subdivision 1; 115A.929; 116.03, subdivision 1; 116.07, subdivision 4b; 116P.02, by adding a subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, subdivision 2; 116P.07; 116P.08, subdivisions 3, 5, 6, 7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 116P.12, subdivision 2; 116P.15, subdivision 2; 168.1296, subdivision 1; 169A.63, subdivision 6; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a subdivision; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2; 297H.13, subdivision 2; 349.12, subdivision 25; 462.357, subdivision 1e; 473.846; 477A.12, by adding a subdivision; 477A.145; Laws 2003, chapter 128, article 1, section 5, subdivision 6; Laws 2003, chapter 128, article 1, section 9, subdivision 6; Laws 2003, chapter 128, article 1, section 167, subdivision 1; Laws 2004, chapter 220, section 1; proposing coding for new law in Minnesota Statutes, chapters 84; 86B; 92; 93; 97C; 116; 116P; 473; repealing Minnesota Statutes 2004, sections 84.901; 85.054, subdivision 1; 94.343, subdivision 6; 94.344, subdivision 6; 94.348; 94.349; 115A.03, subdivisions 8a, 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 115D.03, subdivision 4; 116.02, subdivision 5; 116.04; 116P.02, subdivisions 2, 4; 116P.05; 116P.06; 116P.08, subdivision 4; 473.197, subdivisions 1, 2, 3, 5; 473.801, subdivision 6.

The Senate has appointed as such committee:

Senators Bakk, Sams, Anderson, Frederickson and Kubly.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4044

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 1164, A bill for an act relating to traffic regulations; modifying provision governing the passing of a parked emergency vehicle; providing eligibility criteria for business panels on logo sign panels; amending Minnesota Statutes 2004, sections 160.80, subdivision 1a; 169.18, subdivision 11.

Patrick E. Flahaven, Secretary of the Senate

Gazelka moved that the House refuse to concur in the Senate amendments to H. F. No. 1164, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 732, A bill for an act relating to local government; authorizing electric or utility special assessments exceeding standards on petition of all affected owners; amending Minnesota Statutes 2004, section 429.021, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Meslow moved that the House concur in the Senate amendments to H. F. No. 732 and that the bill be repassed as amended by the Senate. The motion prevailed.

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

The question was taken on the repassage of the bill and the roll was called There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 785, A bill for an act relating to financing and operation of government in this state; modifying truth in taxation provisions and adding a taxpayer satisfaction survey; changing income, corporate franchise, withholding, estate, property, sales and use, mortgage registry, health care gross revenues, motor fuels, gambling, cigarette and tobacco products, occupation, net proceeds, production, liquor, insurance, and other taxes and tax-related provisions; making technical, clarifying, collection, enforcement, refund, and administrative changes to certain taxes and tax-related provisions, tax-forfeited lands, revenue recapture, unfair cigarette sales, state debt collection, sustainable forest incentive programs, and payments in lieu of taxes; changing local government aids and credits; providing for determination of population for certain purposes; updating references to the Internal Revenue Code, changing property tax exemptions, homesteads, assessment, valuation, classification, class rates, levies, deferral, review and equalization, appeals, notices and statements, and distribution provisions; changing rent constituting property taxes and property tax refunds; requiring state contracts be with vendors registered to collect use taxes; abolishing the political contribution refund; authorizing local sales taxes; extending a sales tax expiration; providing for compliance with streamlined sales tax agreement; changing the taxation of liquor and cigarettes; authorizing income tax checkoffs; requiring registration of tax shelters and providing for a voluntary compliance initiative; changing job opportunity building zones, border city development zones, biotechnology and health sciences industry zone provisions; setting minimum employee compensation for qualifying business in a JOBZ; limiting sales tax construction exemption in job zones to businesses paying prevailing wage; requiring a referendum for certain subsidies to gambling enterprises; authorizing charges for certain emergency services; imposing a franchise fee on card clubs; defining the term "tax"; regulating tax preparers; suspending appropriations or aids to public employers who prohibit certain employees from wearing a flag on a uniform; providing for training and conduct of assessors; prohibiting purchases of tax-forfeited lands by certain local officials; providing for data classification and exchange of data; establishing a tax reform commission; providing and imposing powers and duties on the commissioner of revenue and other state agencies and departments and on certain political subdivisions and certain officials; changing and imposing penalties; requiring reports; transferring funds; appropriating money; amending Minnesota Statutes 2004, sections 4A.02; 16C.03, by adding a subdivision; 16D.10; 168A.05, subdivision 1a; 190.09, subdivision 2; 240.30, by adding a subdivision; 270.02, subdivision 3; 270.11, subdivision 2; 270.16, subdivision 2;

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4046

270.30, subdivisions 1, 5, 6, 8, by adding subdivisions; 270.65; 270.67, subdivision 4; 270.69, subdivision 4; 270A.03, subdivisions 5, 7; 272.01, subdivision 2; 272.02, subdivisions 1a, 7, 47, 53, 64, by adding subdivisions; 272.0211, subdivisions 1, 2; 272.0212, subdivisions 1, 2; 272.029, subdivisions 4, 6; 273.055; 273.0755; 273.11, subdivisions 1a, 8, by adding subdivisions; 273.111, by adding a subdivision; 273.123, subdivision 7; 273.124, subdivisions 3, 6, 8, 14, 21; 273.125, subdivision 8; 273.13, subdivisions 22, 23, 25, by adding a subdivision; 273.1315; 273.1384, subdivision 1; 273.19, subdivision 1a; 273.372; 274.01, subdivision 1; 274.014, subdivisions 2, 3; 274.14; 275.025, subdivision 4; 275.065, subdivisions 1c, 3, 4, 7, by adding subdivisions; 275.07, subdivisions 1, 4; 276.04, subdivision 2; 276.112; 276A.01, subdivision 7; 282.016; 282.08; 282.15; 282.21; 282.224; 282.301; 287.04; 289A.02, subdivision 7; 289A.08, subdivisions 1, 3, 7, 13, 16; 289A.18, subdivision 1; 289A.19, subdivision 4; 289A.20, subdivision 2; 289A.31, subdivision 2; 289A.37, subdivision 5; 289A.38, subdivisions 6, 7, by adding subdivisions; 289A.40, subdivision 2, by adding subdivisions; 289A.50, subdivisions 1, 1a; 289A.56, by adding a subdivision; 289A.60, subdivisions 2a, 4, 6, 7, 11, 13, 20, by adding subdivisions; 290.01, subdivisions 6, 7, 7b, 19, as amended, 19a, 19b, 19c, 19d, 31; 290.032, subdivisions 1, 2; 290.06, subdivisions 2c, 22, by adding a subdivision; 290.067, subdivisions 1, 2a; 290.0671, subdivisions 1, 1a; 290.0672, subdivisions 1, 2; 290.0674, subdivisions 1, 2; 290.0675, subdivision 1; 290.091, subdivisions 2, 3; 290.0922, subdivision 2; 290.191, subdivisions 2, 3; 290.92, subdivisions 1, 4b; 290A.03, subdivisions 3, 11, 13, 15, by adding subdivisions; 290A.07, by adding a subdivision; 290A.19; 290B.05, subdivision 3; 290C.05; 290C.10; 291.005, subdivision 1; 291.03, subdivision 1; 295.52, subdivision 4; 295.53, subdivision 1; 295.582; 295.60, subdivision 3; 296A.22, by adding a subdivision; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64, subdivision 4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9, 29, by adding a subdivision; 297A.68, subdivisions 2, 5, 28, 35, 37, 38, 39, by adding subdivisions; 297A.70, subdivision 10; 297A.71, subdivision 12, by adding a subdivision; 297A.72, by adding a subdivision; 297A.75, subdivision 1; 297A.87, subdivisions 2, 3; 297A.99, subdivisions 1, 3, 4, 9, by adding subdivisions; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06, subdivision 2; 297E.07; 297F.08, subdivision 12, by adding a subdivision; 297F.09, subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a subdivision; 297I.01, by adding subdivisions; 297I.05, subdivisions 4, 5, by adding a subdivision; 298.01, subdivisions 3, 4; 298.24, subdivision 1; 298.75, by adding a subdivision; 325D.33, subdivision 6; 365.43, subdivision 1; 365.431; 366.011; 366.012; 373.45, subdivision 7; 469.169, by adding a subdivision; 469.1735, subdivision 3; 469.176, subdivisions 4l, 7; 469.310, subdivision 11, by adding a subdivision; 469.315; 469.316; 469.317; 469.319, subdivision 1, by adding a subdivision; 469.320, subdivision 3; 469.330, subdivision 11; 469.335; 469.337; 469.340, subdivision 1; 473.843, subdivision 5; 473F.02, subdivisions 2, 7; 477A.011, subdivisions 3, 34, 35, 36, 38; 477A.0124, subdivisions 2, 4; 477A.013, subdivisions 8, 9, by adding a subdivision; 477A.016; 477A.03, subdivisions 2a, 2b; 477A.11, subdivision 4, by adding a subdivision; 477A.12, subdivisions 1, 2; 477A.14, subdivision 1; 645.44, by adding a subdivision; Laws 1998, chapter 389, article 3, section 42, subdivision 2, as amended; Laws 1998, chapter 389, article 8, section 43, subdivision 3; Laws 2001, First Special Session chapter 5, article 3, section 8; Laws 2001, First Special Session chapter 5, article 12, section 95, as amended; Laws 2002, chapter 377, article 3, section 4; Laws 2003, chapter 127, article 5, section 27; Laws 2003, chapter 127, article 5, section 28; Laws 2003, First Special Session chapter 21, article 5, section 13; Laws 2003, First Special Session chapter 21, article 6, section 9; Laws 2005, chapter 43, section 1; proposing coding for new law in Minnesota Statutes, chapters 15; 270; 272; 273; 275; 280; 289A; 290; 290C; 295; 297A; 297F; 373; 459; 473; repealing Minnesota Statutes 2004, sections 10A.322, subdivision 4; 16A.1522, subdivision 4; 270.85; 270.88; 272.02, subdivision 65; 273.19, subdivision 5; 273.37, subdivision 3; 274.05; 275.065, subdivisions 5a, 6, 6b, 8; 275.15; 275.61, subdivision 2; 283.07; 290.06, subdivision 23; 297E.12, subdivision 10; 469.1794, subdivision 6; 477A.08; Laws 1975, chapter 287, section 5; Laws 1998, chapter 389, article 3, section 41; Laws 2003, chapter 127, article 9, section 9, subdivision 4; Minnesota Rules, parts 8093.2000; 8093.3000; 8130.0110, subpart 4; 8130.0200, subparts 5, 6; 8130.0400, subpart 9; 8130.1200, subparts 5, 6; 8130.2900; 8130.3100, subpart 1; 8130.4000, subparts 1, 2; 8130.4200, subpart 1; 8130.4400, subpart 3; 8130.5200; 8130.5600, subpart 3; 8130.5800, subpart 5; 8130.7300, subpart 5; 8130.8800, subpart 4.

Patrick E. Flahaven, Secretary of the Senate

Journal of the House - 60th Day - Monday, May 16, 2005 - Top of Page 4047

MOTION TO CONCUR

Paulsen moved that the House concur in the Senate amendments to H. F. No. 785 and that the bill be repassed as amended by the Senate.

A roll call was requested and properly seconded.

Lenczewski moved that the House refuse to concur in the Senate amendments to H. F. No. 785, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

On the motion of Paulsen and on the demand of 10 members, a call of the House was ordered. The following members answered to their names: