Journal of the House - 50th Day - Wednesday, April 18, 2007

A quorum was present.

Ozment was excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Bly 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 - 50th Day - Wednesday, April 18, 2007 - Top of Page 3928

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 854, A bill for an act relating to environment; providing for collection, transportation, and recycling of video display devices; providing civil penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115A.

Reported the same back with the following amendments:

Page 7, line 12, before the semicolon, insert ", and transfer to the commissioner of administration for responsibilities under section 115A.1324"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 1989, A bill for an act relating to higher education; appropriating money for higher education and related purposes to the Minnesota Office of Higher Education, the Board of Trustees of the Minnesota State Colleges and Universities, the board of Regents of the University of Minnesota, and the Mayo Clinic, with certain conditions; requiring certain studies; making technical changes; eliminating certain report requirements; permitting certain interest rate savings and other agreements; requiring summary statistics in required reports; repealing certain data sharing and collecting requirements; modifying financial aid programs; establishing the Minnesota GI bill program; regulating private higher education institutions; providing penalties; amending Minnesota Statutes 2006, sections 13.322, subdivision 3; 135A.01; 135A.031, subdivisions 1, 7; 135A.034, subdivision 1; 135A.14, subdivision 1; 135A.52, subdivisions 1, 2; 136A.01, subdivision 2; 136A.031, subdivision 5; 136A.0411; 136A.08, subdivision 7; 136A.101, subdivisions 4, 5a; 136A.121, subdivisions 6, 7a, by adding a subdivision; 136A.125, subdivisions 2, 4; 136A.15, subdivisions 1, 6; 136A.16, subdivisions 1, 2, 5, 8, 9, 10, by adding a subdivision; 136A.17, subdivision 1; 136A.1701, subdivisions 1, 2, 5; 136A.233, subdivision 3; 136A.29, subdivision 9; 136A.62, subdivision 3; 136A.63; 136A.65, subdivision 1, by adding a subdivision; 136A.653; 136A.657, subdivisions 1, 2, 3, by adding a subdivision; 136A.66; 136A.67; 136A.68; 136A.69; 136A.71; 136A.861, subdivisions 1, 2, 3, 6; 136F.02, subdivisions 1, 2; 136F.03, subdivision 3; 136F.42, subdivision 1; 136F.58; 136F.70, by adding a subdivision; 136F.71, subdivision 2, by adding a subdivision; 136G.11, subdivision 5; 137.0245, subdivision 4; 137.0246, subdivision 2; 141.21, subdivisions 1a, 5; 141.25, subdivisions 1, 5, 7, 9, 10, 12; 141.255, subdivision 2; 141.265, subdivision 2; 141.271, subdivisions 10, 12; 141.28, subdivision 1; 141.32; 141.35; 197.775, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 141; 197; repealing Minnesota Statutes 2006, sections 135A.031, subdivisions 2, 3, 5, 6; 135A.032; 135A.033; 135A.045; 135A.053; 136A.07; 136A.08, subdivision 8; 136A.1702; 136A.61; Laws 2001, First Special Session chapter 1, article 1, sections 3, subdivision 3; 4, subdivision 5.

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

The report was adopted.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3929

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

S. F. No. 2089, A bill for an act relating to state government; appropriating money for jobs and economic development purposes; establishing and modifying certain programs; regulating certain activities and practices; providing for accounts, assessments, and fees; modifying provisions governing contractors; requiring studies; amending Minnesota Statutes 2006, sections 13.712, by adding a subdivision; 13.7905, by adding a subdivision; 16B.61, subdivision 1a; 16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 80A.28, subdivision 1; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.17, subdivision 1; 116L.20, subdivision 1; 116M.18, subdivision 6a; 177.27, subdivisions 1, 4; 268A.01, subdivision 13, by adding a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22, subdivision 2; 298.227; 326.242, subdivision 8, by adding a subdivision; 326.2441; 326.37, subdivision 1; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.42, subdivision 1; 326.46; 326.461, by adding a subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2; 326.50; 326.51; 326.52; 326.975, subdivision 1; 326.992; 327.33, subdivisions 2, 6; 327B.04, subdivision 7; 462A.21, subdivision 8b; 462A.33, subdivision 3; 471.471, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 177; 181; 182; 326; proposing coding for new law as Minnesota Statutes, chapters 59C; 326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision 2; 181.722; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; 326.64; 326.975.

Reported the same back with the following amendments to the second unofficial engrossment:

Page 5, line 25, delete "7" and insert "3" and delete "32" and insert "33"

Page 35, after line 23, insert:

"Sec. 18. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:

Subd. 3. Other duties. (a) The commissioner shall:

(1) provide mediation services as requested by the parties until the parties reach agreement, and may continue to assist parties after they have submitted their final positions for interest arbitration;

(2) issue notices, subpoenas, and orders required by law to carry out duties under sections 179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other papers required to be filed with the commissioner;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted under sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of hearings and elections;

(7) receive, catalogue, file, and make available to the public all decisions of arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions, and the commissioner's orders and decisions;

(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section 179A.20, subdivision 4, that is available to any employee in a unit not covered by a contractual grievance procedure;

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3930

(9) maintain a schedule of state employee classifications or positions assigned to each unit established in section 179A.10, subdivision 2;

(10) collect fees established by rule for empanelment of persons on the labor arbitrator roster maintained by the commissioner or in conjunction with fair share fee challenges. Arbitrator application fees will be $100 per year for initial applications and renewals effective July 1, 2007;

(11) provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between exclusive representatives and employers, at the discretion of the commissioner;

(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision 4; and

(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive representatives for the resolution of grievance or interest disputes. Each person on the list must be knowledgeable about collective bargaining and labor relations in the public sector, well versed in state and federal labor law, and experienced in and knowledgeable about labor arbitration. To the extent practicable, the commissioner shall appoint members to the list so that the list is gender and racially diverse.

(b) From the names provided by representative organizations, the commissioner shall maintain a list of arbitrators to conduct teacher discharge or termination hearings according to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following requirements:

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota, who is qualified by experience to conduct these hearings, and who is without bias to either party.

Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota School Boards Association a list of up to 14 names of persons to be on the list. The commissioner may adopt rules about maintaining and updating the list."

Page 91, line 17, delete "MISCELLANEOUS" and insert "MINNESOTA HERITAGE"

Page 94, line 13, delete "(b)"

Page 94, line 18, delete "(c)"

Page 94, line 23, before "$1,500,000" insert "(b)"

Page 94, line 33, before "$500,000" insert "(c)"

Renumber the sections in sequence and correct internal references

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3931

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

S. F. No. 2171, A bill for an act relating to state government; making changes to health and human services programs; modifying health policy; changing licensing provisions; altering provisions for mental and chemical health; modifying child care provisions; amending children and family services provisions; changing continuing care provisions; amending MinnesotaCare; adjusting child care assistance eligibility; establishing family stabilization services; enacting federal compliance requirements; expanding medical assistance coverage; providing rate increases for certain providers; modifying fees; appropriating money for human services, health, veterans nursing homes boards, the Emergency Medical Services Regulatory Board; health care boards, the Council on Disability, the ombudsman for mental health and developmental disabilities, and the ombudsman for families; requiring reports; amending Minnesota Statutes 2006, sections 13.381, by adding a subdivision; 16A.724, subdivision 2, by adding subdivisions; 47.58, subdivision 8; 62E.02, subdivision 7; 62J.07, subdivisions 1, 3; 62J.495; 62J.692, subdivisions 1, 4, 5, 8; 62J.82; 62L.02, subdivision 11; 62Q.165, subdivisions 1, 2; 62Q.80, subdivisions 3, 4, 13, 14, by adding a subdivision; 69.021, subdivision 11; 103I.101, subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1; 119B.011, by adding a subdivision; 119B.035, subdivision 1; 119B.05, subdivision 1; 119B.09, subdivision 1; 119B.12, by adding a subdivision; 119B.13, subdivisions 1, 7; 144.123; 144.125, subdivisions 1, 2; 144.3345; 144D.03, subdivision 1; 148.5194, by adding a subdivision; 148.6445, subdivisions 1, 2; 148C.11, subdivision 1; 149A.52, subdivision 3; 149A.97, subdivision 7; 153A.14, subdivision 4a; 153A.17; 169A.70, subdivision 4; 245.465, by adding a subdivision; 245.4874; 245.771, by adding a subdivision; 245.98, subdivision 2; 245A.035; 245A.10, subdivision 2; 245A.16, subdivisions 1, 3; 245C.02, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivisions 1, 4, 5, 7, by adding a subdivision; 245C.08, subdivisions 1, 2; 245C.10, by adding a subdivision; 245C.11, subdivisions 1, 2; 245C.12; 245C.16, subdivision 1; 245C.17, by adding a subdivision; 245C.21, by adding a subdivision; 245C.23, subdivision 2; 246.54, subdivisions 1, 2; 252.27, subdivision 2a; 252.32, subdivision 3; 253B.185, by adding a subdivision; 254B.02, subdivision 3; 256.01, subdivision 2b, by adding subdivisions; 256.482, subdivisions 1, 8; 256.969, subdivisions 3a, 9, 27, by adding a subdivision; 256.975, subdivision 7; 256B.04, subdivision 14, by adding a subdivision; 256B.056, subdivision 10; 256B.0621, subdivision 11; 256B.0622, subdivision 2; 256B.0623, subdivision 5; 256B.0625, subdivisions 17, 18a, 20, 30, by adding subdivisions; 256B.0631, subdivisions 1, 3; 256B.0655, subdivision 8; 256B.0911, subdivisions 1a, 3a, 3b, by adding a subdivision; 256B.0913, by adding a subdivision; 256B.0915, by adding a subdivision; 256B.0943, subdivision 8; 256B.0945, subdivision 4; 256B.095; 256B.0951, subdivision 1; 256B.15, by adding a subdivision; 256B.199; 256B.431, subdivisions 2e, 41; 256B.434, subdivision 4, by adding a subdivision; 256B.437, by adding a subdivision; 256B.441, subdivisions 1, 2, 5, 6, 10, 11, 13, 14, 17, 20, 24, 30, 31, 34, 38, by adding subdivisions; 256B.49, subdivisions 11, 16; 256B.5012, by adding a subdivision; 256B.69, subdivisions 2, 4, 5g, 5h; 256B.75; 256B.76; 256B.763; 256D.03, subdivisions 3, 4; 256I.04, subdivision 3; 256I.05, by adding subdivisions; 256J.01, by adding a subdivision; 256J.02, by adding a subdivision; 256J.021; 256J.08, subdivision 65; 256J.20, subdivision 3; 256J.32, subdivision 6; 256J.425, subdivisions 3, 4; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivision 2; 256J.55, subdivision 1; 256J.626, subdivisions 1, 2, 3, 4, 5, 6; 256L.01, subdivisions 1, 4; 256L.03, subdivisions 1, 3, 5; 256L.035; 256L.04, subdivisions 1, 1a, 7, 10; 256L.05, subdivisions 1, 1b, 2, 3a; 256L.07, subdivisions 1, 2, 3, 6; 256L.09, subdivision 4; 256L.11, subdivision 7; 256L.12, subdivision 9a; 256L.15, subdivisions 1, 2, 4; 256L.17, subdivisions 2, 3, 7; 259.20, subdivision 2; 259.29, subdivision 1; 259.41; 259.53, subdivision 2; 259.57, subdivision 2; 259.67, subdivision 4; 260C.209; 260C.212, subdivision 2; 462A.05, by adding a subdivision; 518A.56, by adding a subdivision; 609.115, subdivisions 8, 9; Laws 2005, chapter 98, article 3, section 25; Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16C; 62J; 144; 145; 149A; 152; 156; 245; 245C; 252; 254A; 256; 256B; 256C; 256J; 256L; repealing Minnesota Statutes 2006, sections 62A.301; 62J.692, subdivision 10; 256B.0631, subdivision 4; 256B.441, subdivisions 12, 16, 21, 26, 28, 42, 45; 256J.24, subdivision 6; 256J.29; 256J.37, subdivisions 3a, 3b; 256J.626, subdivisions 7, 9; 256L.035; 256L.07, subdivision 2a; Laws 2004, chapter 288, article 6, section 27; Minnesota Rules, parts 4610.2800; 9585.0030.

Reported the same back with the following amendments to the second unofficial engrossment:

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3932

Page 140, delete section 1

Page 165, after line 14, insert:

"Sec. 23. Minnesota Statutes 2006, section 256L.01, subdivision 4, is amended to read:

Subd. 4. Gross individual or gross family income. (a) "Gross individual or gross family income" for nonfarm self-employed means income calculated for the six-month period of eligibility using the net profit or loss reported on the applicant's federal income tax form for the previous year and using the medical assistance families with children methodology for determining allowable and nonallowable self-employment expenses and countable income.

(b) "Gross individual or gross family income" for farm self-employed means income calculated for the six-month period of eligibility using as the baseline the adjusted gross income reported on the applicant's federal income tax form for the previous year ~~and adding back in reported depreciation amounts that apply to the business in which the family is currently engaged~~.

(c) "Gross individual or gross family income" means the total income for all family members, calculated for the six-month period of eligibility.

EFFECTIVE DATE. This section is effective July 1, 2007, or upon federal approval, whichever is later."

Page 282, delete lines 9 to 16 and insert:

"Sec. 20. REPORT.

The commissioner shall make a report to the legislature by January 15, 2008, regarding the transfer of funds to counties for state registered nurses employed in community mental health pilot projects as part of the assertive community treatment teams under Minnesota Statutes, section 245.4661. The report shall address the impact of the nursing shortage on replacing these positions, continuity of patient care if these positions cannot be filled, and ways to maintain state registered nurses in these positions until the nurse retires or leaves employment. No funds for state registered nurse positions may be transferred before the report date."

Page 321, delete section 37

Page 417, delete section 29

Page 474, after line 8, insert:

"Environment Fund 300,000 300,000 600,000"

Page 481, line 13, delete "56,509,000" and insert "56,542,000" and delete "56,897,000" and insert "57,523,000"

Page 481, line 20, delete "$9,478,000" and insert "$10,332,000"

Page 481, line 21, delete "$13,022,000" and insert "$12,809,000"

Page 481, line 22, delete "$3,332,000" and insert "$4,080,000"

Page 481, line 23, delete "$4,668,000" and insert "$5,435,000"

Page 483, delete line 9

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Page 483, delete line 13

Page 483, line 15, delete "$3,583,000" and insert "$1,262,000"

Page 483, line 16, delete "$1,334,000" and insert "decreased by $951,000"

Page 483, after line 17, insert:

"(e) Child Care Development Grants

General 5,865,000 5,865,000

Child Care Services Grants. $5,000,000 is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 2007, for purposes of providing child care services grants under Minnesota Statutes, section 119B.21, subdivision 5. This appropriation is for the 2008-2009 biennium only, and does not increase the base funding.

Early Childhood Professional Development System. $2,000,000 is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 2007, for purposes of the early childhood professional development system, which increases the quality and continuum of professional development opportunities for child care practitioners. This appropriation is for the 2008-2009 biennium only, and does not increase the base funding.

Family, Friend, and Neighbor Grant Program. $750,000 in fiscal year 2008 and $750,000 in fiscal year 2009 are appropriated from the general fund to the commissioner of human services for the family, friend, and neighbor grant program in section 31. Any balance in the first year does not cancel but is available in the second year. This appropriation is for the 2008-2009 biennium only, and does not increase the base funding.

(f) Increased Child Care Provider Connections. (1) $200,000 is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 2007, for the following purposes: $100,000 each year is for a grant to Hennepin County, and $100,000 each year is for a grant to Ramsey County. The two counties shall each contract with a nonprofit organization to work with the contracting county and county-based licensed family child care providers to facilitate county-based information regarding family and children's resources and to make training and peer support available to licensed family child care providers consistent with clause (2). These appropriations are available until June 30, 2009, and shall not become part of base-level funding for the biennium beginning July 1, 2009.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3934

(2) Programs to improve child care provider connections to county services shall be established in Hennepin and Ramsey counties to:

(i) improve county contact activities with county-licensed family child care providers that facilitate utilization of county educational, social service, public health, and economic assistance services by eligible families, parents, and children using licensed family child care; and

(ii) support licensed family child care providers to qualify as quality-rated child care providers through peer support and coaching networks.

Hennepin and Ramsey Counties shall contract with a nonprofit organization under clause (1) that utilizes licensed family child care providers as contacts for families using licensed family child care and to provide peer support to licensed family child care providers.

(3) Hennepin and Ramsey Counties must report back on successful strategies for increasing contact with county-based licensed family child care providers and report their findings to the appropriate legislative committees by February 15, 2010.

Base Adjustment. The general fund base is $1,515,000 for each of fiscal years 2010 and 2011."

Page 483, line 18, delete "(e)" and "(g)"

Page 483, delete lines 28 to 33

Page 484, delete lines 1 to 35

Page 485, delete lines 1 to 34

Page 486, delete lines 1 to 9

Page 483, line 20, delete "$8,000,000" and insert "$5,333,000"

Page 492, after line 15, insert:

"Base Adjustment. The general fund base shall be $20,447,000 in each of fiscal years 2010 and 2011."

Page 496, line 22, delete "$25,508,000" and insert "$29,647,000"

Page 498, delete lines 31 to 34

Page 499, delete lines 1 and 2

Page 512, after line 34, insert:

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3935

"Environment 300,000 300,000"

Page 518, after line 35, insert:

"Community Collaboratives. Of the general fund appropriation, $330,000 in fiscal year 2008 and $850,000 in fiscal year 2009 are to provide grants to community collaboratives to cover the uninsured. These are onetime appropriations.

Base Adjustment. General fund base is $46,143,000 in each of fiscal years 2010 and 2011."

Page 521, after line 27, insert:

"Base Adjustment. The general fund base is reduced $500,000 in each of fiscal years 2010 and 2011. The health care access fund base is $3,456,000 in fiscal year 2010 and $2,856,000 in fiscal year 2011."

Page 521, after line 32, insert:

"Environmental 300,000 300,000"

Amend the appropriations by the specified amounts and correct the totals and the appropriations by fund accordingly.

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 14, after the second semicolon, insert "appropriating money for various state boards and councils;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 854 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1989, 2089 and 2171 were read for the second time.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3936

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lenczewski, Simpson, DeLaForest, Lanning and Davnie introduced:

H. F. No. 2434, A bill for an act relating to tax increment financing; making technical and minor policy changes; amending Minnesota Statutes 2006, sections 469.174, subdivisions 10, 10a; 469.175, subdivision 3; 469.176, subdivisions 2, 4l, 7; 469.1761, subdivision 1; 469.177, subdivision 1; 469.178, subdivision 7; 469.1791, subdivision 3; repealing Minnesota Statutes 2006, section 469.174, subdivision 29.

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

Sviggum and Pelowski introduced:

H. F. No. 2435, A bill for an act relating to sales and use tax; providing a sales tax exemption for construction of water treatment facilities in the city of Goodview; amending Minnesota Statutes 2006, section 297A.71, by adding a subdivision.

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

Sertich moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

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

H. F. No. 1594, A bill for an act relating to the military; expanding the reenlistment bonus program; providing for certain academic awards; amending Minnesota Statutes 2006, section 192.501, subdivisions 1b, 2.

H. F. No. 448, A bill for an act relating to public safety; repealing the program that involved mailed demands that vehicle owners provide verification of auto insurance; repealing Minnesota Statutes 2006, section 169.796, subdivision 3; Laws 2005, First Special Session chapter 6, article 3, section 91.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3937

H. F. No. 539, A bill for an act relating to highways; authorizing changes to trunk highway system; amending Minnesota Statutes 2006, section 161.115, subdivision 76; repealing Minnesota Statutes 2006, section 161.115, subdivision 193.

Patrice Dworak, First Assistant Secretary of the Senate

Madam Speaker:

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

S. F. Nos. 1581, 1949, 1131, 400, 758, 1069, 1464, 358, 1343, 1432, 241, 1062, 1193, 2047, 1705, 1417, 1483 and 958.

Patrice Dworak, First Assistant Secretary of the Senate

Madam Speaker:

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

S. F. Nos. 984, 1296, 986, 1790, 1735, 1441, 1278, 1370, 1085, 1200, 924, 1509, 1388, 1285, 322, 608, 1366 and 2053.

Patrice Dworak, First Assistant Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1581, A bill for an act relating to insurance; regulating continuation coverage for life insurance; regulating accelerated benefits, enacting the National Association of Insurance Commissioners model regulation; authorizing the use of certain mortality tables to calculate reserves for certain life policies; regulating life insurance policy illustrations and interest rate disclosures; requiring auto insurers to notify the commissioner of decision to withdraw from the market; regulating certain notices of cancellation and certain policy renewals; modifying a definition; amending Minnesota Statutes 2006, sections 60A.351; 61A.072; 61A.092, subdivision 6; 61A.25, subdivision 4; 65B.17, by adding a subdivision; 72A.52, subdivision 1; 72B.02, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 61A; repealing Minnesota Statutes 2006, section 45.025, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10; Minnesota Rules, parts 2790.1750; 2790.1751.

The bill was read for the first time.

Atkins moved that S. F. No. 1581 and H. F. No. 1892, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1949, A bill for an act relating to the Minnesota Sesquicentennial Commission; changing certain duties and procedures; amending Laws 2005, First Special Session chapter 1, article 4, section 121.

The bill was read for the first time.

Loeffler moved that S. F. No. 1949 and H. F. No. 2135, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3938

S. F. No. 1131, A bill for an act relating to game and fish; modifying Lake Superior commercial fishing provisions; amending Minnesota Statutes 2006, section 97C.835, subdivisions 1, 3, 8; proposing coding for new law in Minnesota Statutes, chapter 97C.

The bill was read for the first time.

Dill moved that S. F. No. 1131 and H. F. No. 1021, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 400, A bill for an act relating to transportation; removing length limit for middle vehicle in recreational vehicle combination; amending Minnesota Statutes 2006, section 169.81, subdivision 3c.

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

S. F. No. 758, A bill for an act relating to elections; exempting lobbying activities related to a ballot question from campaign finance reporting requirements; amending Minnesota Statutes 2006, section 10A.01, subdivision 7.

The bill was read for the first time.

Pelowski moved that S. F. No. 758 and H. F. No. 1036, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1069, A bill for an act relating to motor fuels; requiring notice for unavailability of motor fuels; providing for a waiver of the penalty for retailers who do not carry ethanol or biodiesel blends under certain circumstances; amending Minnesota Statutes 2006, sections 239.75, subdivision 1; 239.80, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 239.

The bill was read for the first time.

Juhnke moved that S. F. No. 1069 and H. F. No. 1300, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1464, A bill for an act relating to motor vehicles; requiring motor vehicle collision repair to include air bag repair or replacement; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time.

Tillberry moved that S. F. No. 1464 and H. F. No. 1704, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 358, A bill for an act relating to adoption; providing assistance to genetic siblings; amending Minnesota Statutes 2006, section 259.83, by adding a subdivision.

The bill was read for the first time.

Tingelstad moved that S. F. No. 358 and H. F. No. 1400, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3939

S. F. No. 1343, A bill for an act relating to natural resources; providing for community forest management; providing for control of forest and shade tree pests; amending Minnesota Statutes 2006, sections 18G.03, by adding a subdivision; 18G.11; 84D.14; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.51, subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60; 89.61; 97A.205; proposing coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota Statutes 2006, sections 18G.16; 89.51, subdivision 8.

The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.

S. F. No. 1432, A bill for an act relating to agriculture; providing an exception to recreational camping regulations for county fairgrounds; amending Minnesota Statutes 2006, section 327.201.

The bill was read for the first time.

Faust moved that S. F. No. 1432 and H. F. No. 1101, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 241, A bill for an act relating to commerce; prohibiting sale of certain information arising from a mortgage loan application; regulating homestead exemptions and the enforcement of judgments involving the sale of homestead property; providing limitations on actions for damages based on services or construction to improve real property; regulating the redemption of mortgaged lands by creditors; amending Minnesota Statutes 2006, sections 13C.01, by adding a subdivision; 510.02; 510.05; 541.051; 550.175, subdivisions 1, 4, by adding a subdivision; 550.18; 550.19; 550.22; 550.24; 580.24; proposing coding for new law in Minnesota Statutes, chapter 550.

The bill was read for the first time.

Zellers moved that S. F. No. 241 and H. F. No. 211, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1062, A bill for an act relating to transportation; changing definitions; granting towing authority to Department of Transportation within its metropolitan district; modifying provisions relating to hazardous materials; changing language relating to yellow arrow signal; modifying provisions related to motor carriers; directing the commissioner of transportation to enter into the Unified Carrier Registration Agreement; amending Minnesota Statutes 2006, sections 160.02, subdivision 19, by adding a subdivision; 168B.04, subdivision 2; 169.01, subdivisions 19, 20; 169.041, subdivisions 1, 2; 169.06, subdivision 5; 221.031, subdivision 6; 221.0314, by adding a subdivision; 221.033, subdivision 2d; 221.037, subdivision 1; 221.231; 221.60, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, 3a; 221.601; 221.602.

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

S. F. No. 1193, A bill for an act relating to motor fuels; updating specifications for petroleum products; modifying definitions of certain petroleum terms; amending Minnesota Statutes 2006, sections 239.761; 239.77, subdivisions 1, 2; 296A.01, subdivisions 7, 8, 14, 20, 23, 24, 25, 26, 28, 42, by adding a subdivision; repealing Minnesota Statutes 2006, section 239.101, subdivision 7.

The bill was read for the first time.

Atkins moved that S. F. No. 1193 and H. F. No. 2045, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3940

S. F. No. 2047, A bill for an act relating to traffic regulations; amending definition of recreational vehicle combination to include any type of towed middle vehicle; amending Minnesota Statutes 2006, section 169.01, subdivision 78.

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

S. F. No. 1705, A bill for an act relating to insurance; requiring coverage for colorectal screening tests; amending Minnesota Statutes 2006, section 62A.30, subdivision 2.

The bill was read for the first time.

Davnie moved that S. F. No. 1705 and H. F. No. 1287, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1417, A bill for an act relating to agriculture; changing certain provisions of the best management practices loan program; amending Minnesota Statutes 2006, section 17.117, subdivisions 1, 4, 11.

The bill was read for the first time.

Faust moved that S. F. No. 1417 and H. F. No. 1639, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1483, A bill for an act relating to state government; eliminating the Minnesota Council on Disability sunset; amending Minnesota Statutes 2006, section 256.482, subdivisions 1, 8.

The bill was read for the first time.

Berns moved that S. F. No. 1483 and H. F. No. 1294, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 958, A bill for an act relating to transportation; authorizing state entry onto real property for geotechnical investigation; providing for reestablishment costs limit; modifying provisions relating to bridges and culverts; regulating money allocated for rail service improvements; regulating state rail bank property; imposing penalties; amending Minnesota Statutes 2006, sections 117.041, by adding a subdivision; 117.51; 117.52, subdivision 1a; 165.01; 165.03; 222.50, subdivision 7; 222.63, subdivision 4, by adding a subdivision.

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

S. F. No. 984, A bill for an act relating to drivers' licenses; prohibiting commissioner of public safety from complying with Real ID Act.

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

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3941

S. F. No. 1296, A bill for an act relating to transportation; requiring the commissioner of transportation to utilize available federal funds in highway construction training programs; requiring reports on training programs and disadvantaged business enterprise program; amending Minnesota Statutes 2006, section 174.03, by adding subdivisions.

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

S. F. No. 986, A bill for an act relating to drivers' licenses; clarifying definition of "conviction"; amending Minnesota Statutes 2006, section 171.01, subdivision 29.

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

S. F. No. 1790, A bill for an act relating to health; changing provisions for adverse health care events reporting; amending Minnesota Statutes 2006, section 144.7065, subdivisions 4, 5, 6.

The bill was read for the first time.

Ruud moved that S. F. No. 1790 and H. F. No. 1990, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1735, A bill for an act relating to building codes; requiring adoption of certain provisions relating to radon control; amending Minnesota Statutes 2006, section 16B.61, by adding a subdivision.

The bill was read for the first time.

Norton moved that S. F. No. 1735 and H. F. No. 993, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1441, A bill for an act relating to children's environmental health; establishing requirements for paint retailers; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

S. F. No. 1278, A bill for an act relating to state government; defining best value; changing provisions for acquisition and competitive bidding; amending Minnesota Statutes 2006, sections 16C.02, by adding subdivisions; 16C.03, subdivision 3, by adding subdivisions; 16C.26; 16C.27, subdivision 1; 16C.28; 103D.811, subdivision 3; 103E.505, subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 365.37, by adding a subdivision; 374.13; 375.21, by adding a subdivision; 383C.094, by adding a subdivision; 412.311; 429.041, by adding a subdivision; 458D.21, by adding a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 473.523, by adding a subdivision; 473.756, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 161.

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

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S. F. No. 1370, A bill for an act relating to amusement rides; modifying provisions regulating amusement rides; defining terms; amending Minnesota Statutes 2006, sections 184B.01, subdivision 4, by adding subdivisions; 184B.02; 184B.03; 184B.05; 184B.07; proposing coding for new law in Minnesota Statutes, chapter 184B; repealing Minnesota Statutes 2006, section 184B.06.

The bill was read for the first time.

Faust moved that S. F. No. 1370 and H. F. No. 1824, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1085, A bill for an act relating to health and the environment; prohibiting the sale of certain mercury-containing products; modifying restrictions on the sale, use, and disposal of certain mercury-containing products; requiring certain consumer information; modifying lamp recycling facility operation requirements; amending Minnesota Statutes 2006, sections 115A.932, subdivision 1; 116.92, subdivisions 3, 7a, by adding subdivisions; 116.93, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 116; 121A.

The bill was read for the first time.

Hortman moved that S. F. No. 1085 and H. F. No. 1316, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1200, A bill for an act relating to energy; requiring monthly reports from utilities to the Public Utilities Commission regarding residential accounts; proposing coding for new law in Minnesota Statutes, chapter 216B.

The bill was read for the first time.

Hilty moved that S. F. No. 1200 and H. F. No. 1453, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 924, A bill for an act relating to transportation; requiring commissioner of transportation to file annual report on major highway projects; proposing coding for new law in Minnesota Statutes, chapter 174.

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

S. F. No. 1509, A bill for an act relating to Hennepin County; modifying design-build contract provisions; amending Minnesota Statutes 2006, sections 383B.158, subdivisions 1, 3, 4; 383B.1581, subdivisions 2, 3; 383B.1584; repealing Minnesota Statutes 2006, section 383B.1586.

The bill was read for the first time.

Peterson, N., moved that S. F. No. 1509 and H. F. No. 1708, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

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S. F. No. 1388, A bill for an act relating to agriculture; changing certain feed law provisions; expanding applicability of certain penalties; amending Minnesota Statutes 2006, sections 17.982, subdivision 1; 17.983, subdivision 1; 25.33, subdivisions 3, 4, 5, 6, 10, 18, by adding a subdivision; 25.341, subdivision 1; 25.35; 25.39, subdivision 1.

The bill was read for the first time.

Faust moved that S. F. No. 1388 and H. F. No. 1640, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1285, A bill for an act relating to agriculture; changing certain agricultural chemical incident provisions; eliminating a fee; amending Minnesota Statutes 2006, section 18E.02, subdivisions 1, 5, by adding a subdivision; repealing Minnesota Statutes 2006, section 18C.425, subdivision 5.

The bill was read for the first time.

Welti moved that S. F. No. 1285 and H. F. No. 1787, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 322, A bill for an act relating to civil commitment; expanding early intervention services; expanding the definition of chemically dependent person; amending Minnesota Statutes 2006, sections 253B.02, subdivision 2; 253B.065, subdivision 5; 626.5561, subdivisions 1, 2; repealing Minnesota Statutes 2006, section 626.5563.

The bill was read for the first time.

Greiling moved that S. F. No. 322 and H. F. No. 738, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 608, A bill for an act relating to insurance; increasing the required minimum liability limits on aircraft insurance; amending Minnesota Statutes 2006, section 360.59, subdivision 10.

The bill was read for the first time.

Paymar moved that S. F. No. 608 and H. F. No. 772, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1366, A bill for an act relating to elections; changing special primary and special election requirements and provisions; amending Minnesota Statutes 2006, sections 204B.41; 204B.44; 204D.19, subdivision 2, by adding a subdivision; 204D.21, by adding a subdivision; 204D.24, by adding a subdivision; 206.83.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

S. F. No. 2053, A bill for an act relating to energy; establishing propane prepurchase program in Department of Commerce; providing consumer protections to delivered-fuel customers; proposing coding for new law in Minnesota Statutes, chapters 216B; 325E.

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

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3944

FISCAL CALENDAR ANNOUNCEMENT

Pursuant to rule 1.22, Solberg announced his intention to place S. F. Nos. 1989, 2089 and 2171 on the Fiscal Calendar for Thursday, April 19, 2007.

FISCAL CALENDAR

Pursuant to rule 1.22, Solberg requested immediate consideration of H. F. No. 6.

H. F. No. 6 was reported to the House.

Greiling moved to amend H. F. No. 6, the third engrossment, as follows:

Page 63, delete sections 29 and 30

Page 144, line 21, delete "health and"

Page 193, line 13, after "services" insert "under section 25"

Page 193, line 14, after "education" insert "under section 26"

The motion prevailed and the amendment was adopted.

Abeler and Mariani moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 39, line 12, delete "description" and insert "evidence"

Page 39, line 13, after "developed" insert "or statewide"

Page 39, line 14, before the semicolon, insert ", and which shall be presented at a local public meeting convened for the purpose of presenting the evidence"

The motion prevailed and the amendment was adopted.

Abeler, Mariani and Benson moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 138, after line 9, insert:

"Sec. 16. SCHOOL NUTRITIONAL PROGRAMS.

The commissioner of education shall review the experience of the Appleton, Wisconsin school district and other school districts as applicable where enhancements to school nutritional programs have resulted in positive impacts on special education outcomes and costs, and present recommendations to the legislature by January 15, 2008."

The motion prevailed and the amendment was adopted.

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3945

Hamilton and Magnus moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 139, after line 6, insert:

"Subd. 5. Windom. Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, Independent School District No. 177, Windom, on June 30, 2007, may permanently transfer up to $50,000 from its reserved for operating capital account to the undesignated balance in its general fund."

The motion prevailed and the amendment was adopted.

Urdahl moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 38, line 18, strike "and one-half"

Page 38, line 19, after "economics" insert "and one-half credit of agriculture education,"

Page 38, line 20, strike "three" and insert "two and one-half"

Page 38, line 21, after "history," insert "one-half credit of agriculture education,"

Page 38, line 22, strike "agriculture education,"

The motion did not prevail and the amendment was not adopted.

Demmer moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 64, after line 33, insert:

"Sec. 33. Minnesota Statutes 2006, section 123B.749, is amended to read:

123B.749 STRUCTURALLY BALANCED SCHOOL DISTRICT BUDGETS.

Subdivision 1. Board resolution. (a) ~~Prior to~~ Before approving a collective bargaining agreement that does not result from an interest arbitration decision, a school board must determine by board resolution that the proposed agreement will not cause structural imbalance in the district's budget during the agreement period ~~of the agreement~~.

(b) A school board may ~~only~~ determine that an agreement will not cause structural imbalance only if expenditures will not exceed available funds, taking into account:

(1) current state aid formulas; and

(2) reasonable and comprehensive projections of ongoing revenues and expenditures for the period of the agreement. ~~It is expected that~~ The board must not use onetime revenue ~~may not be used~~ for ongoing expenditures. Any amount in excess of the board's resolution for the district's general fund balance is not onetime revenue under

Journal of the House - 50th Day - Wednesday, April 18, 2007 - Top of Page 3946

this section. The school board must make available with the resolution a summary of the projections and calculations supporting the determination. The projections and calculations must include state aid formulas, pupil units, and employee costs~~, including~~ that reflect the terms of all applicable labor agreements, including the agreement under consideration, its fringe benefits, severance pay, and staff changes.

(c) In addition to the determination ~~required in~~ under paragraph (a), the school board must project revenues, expenditures, and fund balances for ~~one year~~ two years following the period of the agreement. The projections must include the information categories ~~of information described in~~ under paragraph (b), be reasonable and comprehensive, and reference current state aid formulas.

(d) The board must make available all projections and calculations required by this section ~~must be made available~~ and estimated district employee terminations to the public ~~prior to and~~ before, at, and after the meeting where the board adopts the resolution ~~is adopted in a manner~~, consistent with state law on public notice and access to public data.

(e) In an interest arbitration, the district must submit, and the exclusive bargaining representative may submit, proposed determinations with supporting projections and calculations consistent with paragraph (b) of the effect of the potential decision on the structural balance of the district's budget. The arbitrator must consider the potential effect of a decision on the structural balance of the district's budget for the term of the agreement. The arbitrator's decision must describe the effect of the decision on the structural balance of the district's budget in a manner consistent with paragraph (b). The arbitrator's decision also must ~~also~~ show the effect of the decision on the school budget for one year following the term of the contract at issue. Within 30 days of ~~receipt of the decision or~~ when the board receives or acts on the decision, whichever is earlier, the ~~school~~ board must by resolution determine the effect of the decision on the structural balance of its budget for the term of the agreement consistent with paragraph (b).

(f) The board must submit a copy of the resolution with the supporting projections and calculations ~~must be submitted~~ to the commissioner ~~of education~~ with the uniform collective bargaining agreement settlement document within 30 days of ~~adoption of~~ adopting the resolution. The commissioner must develop a model form for ~~use by~~ districts to use in reporting projections and calculations. The commissioner must not accept any reports that do not comply with this section. The commissioner must make all resolutions, projections, and calculations available to the public.

(g) Compliance with this section by itself is not an unfair labor practice under section 179A.13, subdivision 2.

Subd. 2. State aid penalty. (a) If a board does not submit a report to the commissioner under subdivision 1, paragraph (f), the department must reduce the state aid paid to the public employer for that fiscal year.

(b) The aid reduction must equal $25 times the number of adjusted pupil units for the district during that fiscal year.

(c) The department must reduce general education aid; if general education aid is insufficient or not paid, the department must reduce other state aids.

EFFECTIVE DATE. This section is effective for the 2007-2008 school year and later."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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The question was taken on the Demmer amendment and the roll was called. There were 50 yeas and 83 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Eastlund moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 88, delete lines 31 and 32

Page 88, line 33, delete everything before the period and insert "(b) The appropriation under this subdivision must be allocated by the department to reflect the proportion of students that are enrolled in each program"

The motion prevailed and the amendment was adopted.

Brod moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 63, after line 33, insert:

"Sec. 31. Minnesota Statutes 2006, section 123B.36, subdivision 1, is amended to read:

Subdivision 1. School boards may require fees. (a) For purposes of this subdivision, "home school" means a home school as defined in sections 120A.22 and 120A.24 with five or fewer students receiving instruction.

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(b) A school board is authorized to require payment of fees in the following areas:

(1) in any program where the resultant product, in excess of minimum requirements and at the pupil's option, becomes the personal property of the pupil;

(2) admission fees or charges for extracurricular activities, where attendance is optional and where the admission fees or charges a student must pay to attend or participate in an extracurricular activity is the same for all students, regardless of whether the student is enrolled in a public or a home school;

(3) a security deposit for the return of materials, supplies, or equipment;

(4) personal physical education and athletic equipment and apparel, although any pupil may personally provide it if it meets reasonable requirements and standards relating to health and safety established by the board;

(5) items of personal use or products that a student has an option to purchase such as student publications, class rings, annuals, and graduation announcements;

(6) fees specifically permitted by any other statute, including but not limited to section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual cost to the school and school district of providing driver education, and (ii) the driver education courses are open to enrollment to persons between the ages of 15 and 18 who reside or attend school in the school district;

(7) field trips considered supplementary to a district educational program;

(8) any authorized voluntary student health and accident benefit plan;

(9) for the use of musical instruments owned or rented by the district, a reasonable rental fee not to exceed either the rental cost to the district or the annual depreciation plus the actual annual maintenance cost for each instrument;

(10) transportation of pupils to and from extracurricular activities conducted at locations other than school, where attendance is optional, and transportation of charter school students participating in extracurricular activities in their resident district under section 123B.49, subdivision 4, paragraph (a), which must be charged to the charter school;

(11) transportation to and from school of pupils living within two miles from school and all other transportation services not required by law. If a district charges fees for transportation of pupils, it must establish guidelines for that transportation to ensure that no pupil is denied transportation solely because of inability to pay;

(12) motorcycle classroom education courses conducted outside of regular school hours; provided the charge must not exceed the actual cost of these courses to the school district;

(13) transportation to and from postsecondary institutions for pupils enrolled under the postsecondary enrollment options program under section 123B.88, subdivision 22. Fees collected for this service must be reasonable and must be used to reduce the cost of operating the route. Families who qualify for mileage reimbursement under section 124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If no fee is charged, districts must allocate costs based on the number of pupils riding the route.

EFFECTIVE DATE. This section is effective for the 2007-2008 school year and later."

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Page 64, after line 33, insert:

"Sec. 33. Minnesota Statutes 2006, section 123B.49, subdivision 4, is amended to read:

Subd. 4. Board control of extracurricular activities. (a) The board may take charge of and control all extracurricular activities of the teachers and children of the public schools in the district. Extracurricular activities means all direct and personal services for pupils for their enjoyment that are managed and operated under the guidance of an adult or staff member. The board shall allow all resident pupils receiving instruction in a home school as defined in section 123B.36, subdivision 1, paragraph (a), and all resident pupils receiving instruction in a charter school as defined in section 124D.10 to be eligible to fully participate in extracurricular activities on the same basis as public school students. enrolled in the district's schools. A charter school student must give the enrolling charter school and the resident school district at least a 30-day notice of the student's intent to participate in an extracurricular activity in the resident district. Before a charter school student begins participating in an extracurricular activity in the resident district, the charter school must agree in writing to pay the direct and indirect costs attributable to that student that the district may charge to the charter school under paragraph (f). A charter school student is not eligible to participate in an extracurricular activity in the resident district if that extracurricular activity is offered by the enrolling charter school or the extracurricular activity is not controlled by the high school league under chapter 128C. Charter school students participating in extracurricular activities must meet the academic and student conduct requirements of the resident district. The charter school must:

(1) collect the same information that a district collects on a student's eligibility to participate in an extracurricular activity;

(2) transmit that information to the district at least ten days before a student begins to participate in the extracurricular activity; and

(3) immediately transmit to the district any additional information affecting the student's eligibility.

(b) Extracurricular activities have all of the following characteristics:

(1) they are not offered for school credit nor required for graduation;

(2) they are generally conducted outside school hours, or if partly during school hours, at times agreed by the participants, and approved by school authorities;

(3) the content of the activities is determined primarily by the pupil participants under the guidance of a staff member or other adult.

(c) If the board does not take charge of and control extracurricular activities, these activities shall be self-sustaining with all expenses, except direct salary costs and indirect costs of the use of school facilities, met by dues, admissions, or other student fund-raising events. The general fund must reflect only those salaries directly related to and readily identified with the activity and paid by public funds. Other revenues and expenditures for extra curricular activities must be recorded according to the Manual for Activity Fund Accounting. Extracurricular activities not under board control must have an annual financial audit and must also be audited annually for compliance with this section.

(d) If the board takes charge of and controls extracurricular activities, any or all costs of these activities may be provided from school revenues and all revenues and expenditures for these activities shall be recorded in the same manner as other revenues and expenditures of the district.

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(e) If the board takes charge of and controls extracurricular activities, the teachers or pupils in the district must not participate in such activity, nor shall the school name or any allied name be used in connection therewith, except by consent and direction of the board.

(f) School districts may charge charter schools their proportional share of the direct and indirect costs of the extracurricular activities that are not covered by student fees under section 123B.36, subdivision 1, ticket revenues, fund-raising efforts, sponsorships, or other income generated for those activities for which the charter school is charged. A district may charge charter school students the same fees it charges enrolled students to participate in an extracurricular activity. All charges to a charter school and charter school students must be paid when the charter school students are selected to participate in the activity. A district is not required to provide transportation from the charter school to the resident district for a charter school student who participates in an extracurricular activity in the resident district.

EFFECTIVE DATE. This section is effective for the 2007-2008 school year and later."

Page 71, after line 17, insert:

"Sec. 40. Minnesota Statutes 2006, section 124D.10, subdivision 8, is amended to read:

Subd. 8. State and local requirements. (a) A charter school shall meet all applicable state and local health and safety requirements.

(b) A school sponsored by a school board may be located in any district, unless the school board of the district of the proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or a religious institution.

(d) Charter schools must not be used as a method of providing education or generating revenue for students who are being home-schooled.

(e) The primary focus of a charter school must be to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. Instruction may be provided to people younger than five years and older than 18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with chapter 363A and section 121A.04.

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 123B.34 to 123B.39.

(i) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district. Audits must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the program at the school. Deviations must be approved by the commissioner. The Department of Education, state auditor, or legislative auditor may conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

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(j) A charter school is a district for the purposes of tort liability under chapter 466.

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

(l) A charter school is subject to the Pledge of Allegiance requirement under section 121A.11, subdivision 3.

(m) A charter school is subject to sections 123B.36, subdivision 1, paragraph (b), clause (10), and 123B.49, subdivision 4, paragraphs (a) and (f), when its students participate in extracurricular activities in their resident district.

EFFECTIVE DATE. This section is effective for the 2007-2008 school year and later."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Eastlund and Hackbarth moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 26, after line 30, insert:

"Section 1. Minnesota Statutes 2006, section 205A.05, subdivision 1, is amended to read:

Subdivision 1. Questions. Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment. The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district. Upon petition of 50 or more voters of the school district or five percent of the number of voters voting at the preceding ~~regular~~ school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district. A question is carried only with the majority in its favor required by law. The election officials for a special election are the same as for the most recent school district general election unless changed according to law. Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election. A special election may not be held during the 30 days before and the 30 days after the state primary, during the 30 days before and the 40 days after the state general election. In addition, a special election may not be held during the 20 days before and the 20 days after any regularly scheduled election of a municipality wholly or partially within the school district. Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to petitions for special election submitted 30 days after that date and later."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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Olson; Wardlow; Sviggum; Emmer; Severson; Eastlund; Beard; Cornish; Shimanski; Brod; Dean; Anderson, B.; Zellers and Hackbarth moved to amend H. F. No. 6, the third engrossment, as amended, as follows:

Page 40, line 4, after the second period, insert "(a)"

Page 40, after line 28, insert:

"(b) To be eligible for funding under this section, an international baccalaureate course or program must replace all curriculum and instruction on the Declaration of Human Rights with curriculum and instruction on the United States Declaration of Independence."

A roll call was requested and properly seconded.

The question was taken on the Olson et al amendment and the roll was called. There were 42 yeas and 89 nays as follows:

Those who voted in the affirmative were:

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

CALENDAR FOR THE DAY

Sertich moved that the Calendar for the Day be continued. The motion prevailed.

There being no objection, the order of business reverted to Messages from the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam 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. 946, A bill for an act relating to transportation finance; appropriating money for transportation, Metropolitan Council, and public safety activities; providing for fund transfers, general contingent accounts, tort claims, and state land sales; authorizing sale and issuance of trunk highway bonds for highways and transit facilities; modifying motor fuels and registration taxes; allocating motor vehicle sales tax revenue; modifying county state-aid allocation formula; modifying county wheelage tax; authorizing local transportation sales and use taxes; modifying provisions relating to various transportation-related funds and accounts; modifying fees for license plates, drivers' licenses, identification cards, and state patrol escort and flight services; prohibiting future toll facilities; making technical and clarifying changes; amending Minnesota Statutes 2006, sections 16A.88; 161.04, subdivision 3, by adding a subdivision; 162.06; 162.07, subdivision 1, by adding subdivisions; 163.051; 168.011, subdivision 6; 168.013, subdivisions 1, 1a; 168.017, subdivision 3; 168.12, subdivision 5; 168A.29, subdivision 1; 171.02, subdivision 3; 171.06, subdivision 2; 171.07, subdivisions 3a, 11; 171.20, subdivision 4; 296A.07, subdivision 3; 296A.08, subdivision 2; 297A.94; 297B.09, subdivision 1; 299D.09; 473.388, subdivision 4; 473.446, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 160; 297A; repealing Minnesota Statutes 2006, section 174.32.

The Senate has appointed as such committee:

Senators Murphy, Dibble, Sieben, Carlson and Bonoff.

Said House File is herewith returned to the House.

Patrice Dworak, First Assistant Secretary of the Senate

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Madam Speaker:

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

S. F. Nos. 739, 1902, 2030, 642, 218, 289, 44, 1260, 1377, 1528, 1755, 1161, 2043, 1165, 1597, 1675, 683, 1338 and 1266.

Patrice Dworak, First Assistant Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 739, A bill for an act relating to natural resources; modifying all-terrain vehicle operating provisions; amending Minnesota Statutes 2006, sections 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926, by adding a subdivision; 84.928, subdivision 1; 169A.35, subdivision 1; repealing Minnesota Statutes 2006, section 84.928, subdivision 8.

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

S. F. No. 1902, A bill for an act relating to state government; including definition terms for energy forward pricing mechanisms; amending Minnesota Statutes 2006, section 16C.143, subdivision 1.

The bill was read for the first time.

Simon moved that S. F. No. 1902 and H. F. No. 1555, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2030, A bill for an act relating to state government; providing rulemaking authority for surplus property; amending Minnesota Statutes 2006, section 16C.03, subdivision 2.

The bill was read for the first time.

Simon moved that S. F. No. 2030 and H. F. No. 1493, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 642, A bill for an act relating to natural resources; modifying requirements for ditch buffers; requiring annual drainage authority reports; modifying drainage repair and inspection requirements; amending Minnesota Statutes 2006, sections 103E.021, subdivisions 1, 2, 3, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 103E.

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

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S. F. No. 218, A bill for an act relating to airport zoning regulations; establishing disclosure duties regarding airport zoning; amending Minnesota Statutes 2006, sections 82.22, subdivision 8; 513.56, subdivision 3; repealing Minnesota Statutes 2006, section 360.065, subdivision 3.

The bill was read for the first time.

Beard moved that S. F. No. 218 and H. F. No. 556, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 289, A bill for an act relating to transportation; changing expiration date of Mississippi River Parkway Commission to 2012; amending Minnesota Statutes 2006, section 161.1419, subdivision 8.

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

S. F. No. 44, A bill for an act relating to health occupations; changing a medical practice licensing provision for United States or Canadian medical school graduates; modifying the time period in which applicants applying for a license to practice medicine must take and pass the United States Medical Licensing Examination; permitting certain foreign medical school graduates to use a credentials verification service; amending Minnesota Statutes 2006, sections 147.02, subdivision 1, by adding a subdivision; 147.037, subdivision 1.

The bill was read for the first time and referred to the Committee on Health and Human Services.

S. F. No. 1260, A bill for an act relating to agriculture; changing certain food license requirements; changing certain milk requirements; eliminating a requirement on sale of bulk tanks; repealing the Dairy Trade Practices Act; clarifying certain penalties; amending Minnesota Statutes 2006, sections 28A.04, subdivision 1; 28A.06; 32.21, subdivision 4; 32.212; 32.394, subdivision 4; 32.415; repealing Minnesota Statutes 2006, section 32.213.

The bill was read for the first time.

Tschumper moved that S. F. No. 1260 and H. F. No. 1939, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1377, A bill for an act relating to state government; revising certain laws governing state boards and advisory groups; amending Minnesota Statutes 2006, sections 15.059, subdivision 5; 16B.181, subdivision 2; 16C.17; 21.112; 43A.318, subdivision 1; 62J.693, subdivision 2; 92.35; 129D.04, subdivision 1; 240.18, subdivision 4; 245.71; 245.97, by adding a subdivision; 252.282, subdivision 5; 353D.01, subdivision 1; 354C.12, subdivision 4; 356A.02, subdivision 1; Laws 1976, chapter 199, section 14, subdivision 1, as amended; repealing Minnesota Statutes 2006, sections 3.884; 16B.055; 16B.65, subdivision 5; 16B.76; 18B.305, subdivision 3; 43A.318, subdivision 3; 62J.692, subdivision 2; 115.54; 115A.9651, subdivision 5; 116C.93; 116O.091, subdivision 7; 125B.21; 127A.30; 145.9266, subdivisions 6, 7; 175.008; 241.021, subdivision 4b; 242.56, subdivision 3; 245.699; 252.282, subdivision 4; 256B.0625, subdivision 13a; 256B.77, subdivision 23; 256C.28; 299A.293; 299A.331; 326.41; 352.98, subdivision 6; 354B.25, subdivision 1a; 611A.25; 611A.361.

The bill was read for the first time.

Tingelstad moved that S. F. No. 1377 and H. F. No. 1340, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

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S. F. No. 1528, A bill for an act relating to Hennepin County; clarifying the authority of the county housing and redevelopment authority; amending Minnesota Statutes 2006, section 383B.77, subdivisions 1, 2.

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

S. F. No. 1755, A bill for an act relating to local government; authorizing certain charitable organizations to participate in joint powers agreements; amending Minnesota Statutes 2006, sections 16C.03, subdivision 10; 16C.11.

The bill was read for the first time.

Pelowski moved that S. F. No. 1755 and H. F. No. 1486, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1161, A bill for an act relating to highways; regulating highway contracts; amending Minnesota Statutes 2006, section 161.32, subdivisions 1, 1b, 4.

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

S. F. No. 2043, A bill for an act relating to the city of Anoka; authorizing the city in its home rule charter to provide the procedure for the appointment of the city housing and redevelopment authority commissioners.

The bill was read for the first time.

Abeler moved that S. F. No. 2043 and H. F. No. 2223, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1165, A bill for an act relating to the open meeting law; authorizing meetings by telephone or other electronic means under certain conditions; amending Minnesota Statutes 2006, section 13D.05, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13D.

The bill was read for the first time.

Welti moved that S. F. No. 1165 and H. F. No. 1303, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1597, A bill for an act relating to state employees; streamlining the registration process for organizations to participate in the state employee combined charities campaign; amending Minnesota Statutes 2006, sections 16A.134; 43A.04, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 43A; repealing Minnesota Statutes 2006, section 309.501.

The bill was read for the first time.

Bigham moved that S. F. No. 1597 and H. F. No. 1957, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1675, A bill for an act relating to the military; expanding uses for money in the Minnesota "Support Our Troops" account; amending Minnesota Statutes 2006, section 190.19, subdivision 2.

The bill was read for the first time.

Haws moved that S. F. No. 1675 and H. F. No. 1157, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

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S. F. No. 683, A bill for an act relating to veterans homes; authorizing certain commissary privileges; amending Minnesota Statutes 2006, section 198.075.

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

S. F. No. 1338, A bill for an act relating to public safety; permitting use of 911 data to notify the public of an emergency; providing immunity for telecommunications service providers; amending Minnesota Statutes 2006, section 403.07, subdivisions 4, 5.

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

S. F. No. 1266, A bill for an act relating to health; requiring hospital emergency rooms to provide emergency contraception, prophylactic antibiotics, and information to sexual assault victims; proposing coding for new law in Minnesota Statutes, chapter 145.

The bill was read for the first time.

Slawik moved that S. F. No. 1266 and H. F. No. 1442, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

MOTIONS AND RESOLUTIONS

Juhnke moved that the name of Otremba be added as an author on H. F. No. 944. The motion prevailed.

Moe moved that the name of Anderson, B., be added as an author on H. F. No. 1128. The motion prevailed.

Simon moved that the name of Berns be added as an author on H. F. No. 1239. The motion prevailed.

Hortman moved that the name of Otremba be added as an author on H. F. No. 1602. The motion prevailed.

Eken moved that the name of Welti be added as an author on H. F. No. 1666. The motion prevailed.

Walker moved that the name of Welti be added as an author on H. F. No. 1723. The motion prevailed.

Juhnke moved that the name of Welti be added as an author on H. F. No. 1763. The motion prevailed.

Brod moved that the name of Welti be added as an author on H. F. No. 1765. The motion prevailed.

Bunn moved that the names of Gardner and Norton be added as authors on H. F. No. 1883. The motion prevailed.

Magnus moved that the name of Ruth be added as an author on H. F. No. 2200. The motion prevailed.

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Brod moved that the name of Abeler be added as an author on H. F. No. 2344. The motion prevailed.

Hausman moved that the name of Abeler be added as an author on H. F. No. 2415. The motion prevailed.

Anderson, B., moved that the name of Abeler be added as an author on H. F. No. 2419. The motion prevailed.

Marquart moved that the name of Seifert be added as an author on H. F. No. 2433. The motion prevailed.

ADJOURNMENT

Sertich moved that when the House adjourns today it adjourn until 9:30 a.m., Thursday, April 19, 2007. The motion prevailed.

Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Thursday, April 19, 2007.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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