STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
SEVENTY-FIRST DAY
Saint Paul, Minnesota, Monday, March 8, 2004
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Marlowe Potter, Methodist
Minister, Fairmont, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Kuisle and Peterson were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Wardlow moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 1697 and
H. F. No. 1883, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Rukavina moved that S. F. No. 1697 be
substituted for H. F. No. 1883 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 1799 and
H. F. No. 1980, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Beard moved that the rules be so far suspended that
S. F. No. 1799 be substituted for H. F. No. 1980
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2182 and
H. F. No. 1743, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Westrom moved that the rules be so far suspended that
S. F. No. 2182 be substituted for H. F. No. 1743
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 352, A bill for an act relating to health; requiring
parental consent for certain medical treatment; permitting parental access to
minor's medical records; amending Minnesota Statutes 2002, sections 121A.22,
subdivision 2; 144.335, subdivision 1; 144.342; repealing Minnesota Statutes
2002, sections 144.343, subdivision 1; 144.3441.
Reported the same back with the following amendments:
Page 3, delete section 3, and insert:
"Sec. 3. Minnesota
Statutes 2002, section 144.343, subdivision 1, is amended to read:
Subdivision 1. [MINOR'S
CONSENT VALID.] Any minor may give effective consent for medical, mental and
other health services to determine the presence of or to treat pregnancy and
conditions associated therewith, venereal disease, alcohol and other drug
abuse, and the consent of no other person is required, if the minor is a
victim of incest, as defined by section 609.365. If a minor gives consent for health services as provided in
this subdivision, the minor's parents must not have access to the minor's
health records without expressed authorization from the minor.
Sec. 4.
[CONSTRUCTION.]
This act shall not be construed to supersede the provisions
of Minnesota Statutes, section 144.343, subdivisions 2 to 7."
Page 3, line 16, delete "sections 144.343, subdivision
1;" and insert "section"
Page 3, line 17, delete "and" and delete
"are" and insert "is"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, delete "144.342;" and insert
"144.343, subdivision 1;"
Page 1, line 7, delete everything after "2002," and
insert "section"
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 561, A bill for an act relating to commerce;
requiring uniform mandatory penalties against license holders and a licensee's
employees for sales to minors; providing for mitigating circumstances in
assessing penalties; amending Minnesota Statutes 2002, sections 461.12,
subdivision 2; 461.19.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 461.12, subdivision 2, is amended to
read:
Subd. 2.
[ADMINISTRATIVE PENALTIES; LICENSEES.] (a) If a licensee or employee
of a licensee sells tobacco to a person under the age of 18 years, or violates
any other provision of this chapter, the licensee shall be charged an
administrative penalty of at least $75 but no more than $500. An administrative penalty of at least
$200 but no more than $1,000 must be imposed for a second violation at
the same location within 24 months after the initial violation. An administrative penalty of at least
$250 but no more than $2,500 and up to a three-day license suspension may be
imposed for a third violation at the same location within 24 months after the
initial violation. For a third
subsequent violation at the same location within 24 months after the
initial violation, both of the following may be imposed:
(1) an administrative penalty of at least $250 must
be imposed, and but no more than $5,000;
(2) the licensee's authority to sell tobacco at that
location must may be suspended for not less than up to
a maximum of seven days.
(b) The licensing authority may suspend or revoke a
tobacco license if the licensee fails to act on any of the following:
(1) imposition of disciplinary sanctions of an employee with
multiple noncompliant sales to a minor;
(2) failure to conduct a minimum of one-half hour of
training, annually, documented by passing a written test, on state laws
concerning tobacco sales to minors;
(3) failure to adopt and enforce a written employee policy,
reviewed by the licensing authority, to prevent the sale of tobacco to minors;
or
(4) failure of a third compliance check while not
participating in a licensing authority local "defined retailer
program." For purposes of this
clause, "defined retailer program" means a voluntary program between
the tobacco licensing authority and the tobacco license holder. The program must:
(1) consist of a tobacco compliance coordinator;
(2) provide training by the licensing authority for tobacco
retailer employees;
(3) reward employees for successfully blocking sales to
underaged customers;
(4) encourage self-reporting of blocked sales to underaged
customers;
(5) have an advisory panel consisting of city personnel and
tobacco retailers to look at the development and review of the training
curriculum;
(6) have a review panel consisting of the compliance coordinator,
a city council or county board member, a local tobacco retailer, and a member
of the local city staff; and
(7) not establish or impose penalties greater or less than
those specified in paragraph (a).
(c) No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged
violation and an opportunity for a hearing before a person authorized by the
licensing authority to conduct the hearing.
(d) In determining the amount of a penalty and the length of
a license suspension, at a hearing as specified in paragraph (c), the local
licensing authority shall take into consideration as mitigating circumstances
evidence provided by a licensee of a licensee's adoption and enforcement of a
written employee policy to prevent the sale of tobacco to minors, a licensee's
training program to instruct employees on applicable laws and how to prevent
sales of tobacco to minors, a licensee's adoption and imposition of
disciplinary sanctions for employee noncompliance with the licensee's policies,
a licensee's policy of conducting voluntary internal compliance checks to test
compliance with section 609.685, and whether a licensee or a licensee's
employee verified the age of the customer during the transaction in question
and reasonably relied on the age verification to complete the sale. A decision that a violation has occurred
must be in writing and must include a summary of the mitigating
circumstances considered by the local licensing authority in assessing a
penalty or a license suspension.
Sec. 2. Minnesota Statutes 2002, section 461.19, is amended to read:
461.19 [EFFECT ON LOCAL ORDINANCE; NOTICE.]
Sections 461.12 to 461.18 do not preempt a local ordinance that
provides for more restrictive regulation of tobacco sales, except that on
and after the effective date of this act, a licensing authority shall not
assess or impose a penalty on a licensee or an employee of a licensee that is
greater than the administrative penalties set forth in section 461.12,
subdivisions 2 and 3. A governing
body shall give notice of its intention to consider adoption or substantial
amendment of any local ordinance required under section 461.12 or permitted
under this section. The governing body
shall take reasonable steps to send notice by mail at least 30 days prior to
the meeting to the last known address of each licensee or person required to
hold a license under section 461.12.
The notice shall state the time, place, and date of the meeting and the
subject matter of the proposed ordinance.
Sec. 3. [EFFECTIVE
DATE; APPLICATION.]
Sections 1 and 2 are effective the day following final
enactment and apply to administrative penalties imposed on or after that date."
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 722, A bill for an act relating to traffic
regulations; exempting garbage trucks and recycling vehicles from certain
weight restrictions; amending Minnesota Statutes 2002, section 169.87,
subdivision 6.
Reported the same back with the following amendments:
Page 1, line 11, strike "two-axle"
Page 1, line 17, delete "two-axle"
With the recommendation that when so amended the bill pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 898, A bill for an act relating to eminent domain;
authorizing inverse condemnation by a business when a governmental entity
occupies the market; proposing coding for new law in Minnesota Statutes,
chapter 117.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on
Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 1208, A bill for an act relating to gambling;
proposing an amendment to the Minnesota Constitution, article X, section 8;
allowing casino gaming at licensed pari-mutuel racetracks; authorizing licensed
racetracks to operate casinos on the licensed premises; appropriating money;
amending Minnesota Statutes 2002, sections 240.01, by adding a subdivision;
240.03; 240.07, subdivisions 2, 3, 4, 6; 240.08, subdivision 1; 240.10; 240.13,
subdivision 6; 240.15, subdivision 3, by adding a subdivision; 240.22; 240.23;
240.27, subdivisions 1, 5; 240.35, subdivision 1; 299L.07, subdivision 2a;
541.20; 541.21; 609.75, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 240.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 240.13, subdivision 6, is amended to
read:
Subd. 6.
[SIMULCASTING.] (a) The commission may permit an authorized licensee to
conduct simulcasting at the licensee's facility on any day authorized by the
commission. All simulcasts must comply
with the Interstate Horse Racing Act of 1978, United States Code, title 15,
sections 3001 to 3007.
(b) The commission may not authorize any day for simulcasting
at a class A facility during the racing season, and a licensee may not be
allowed to transmit out-of-state telecasts of races the licensee conducts,
unless the licensee has obtained the approval of the horsepersons' organization
representing the majority of the horsepersons racing the breed involved at the
licensed racetrack during the preceding 12 months. In the case of a class A facility at which the class A license
has been in effect for less than 12 months, the approval must be obtained from
the horsepersons' organization that represents the majority of the horsepersons
who are racing or who will race the breed at the facility.
(c) The licensee may pay fees and costs to an entity
transmitting a telecast of a race to the licensee for purposes of conducting
pari-mutuel wagering on the race. The
licensee may deduct fees and costs related to the receipt of televised
transmissions from a pari-mutuel pool on the televised race, provided that
one-half of any amount recouped in this manner must be added to the amounts
required to be set aside for purses.
(d) With the approval of the commission and subject to the
provisions of this subdivision, a licensee may transmit telecasts of races it
conducts, for wagering purposes, to locations outside the state, and the
commission may allow this to be done on a commingled pool basis.
(e) Except as otherwise provided in this section, simulcasting
may be conducted on a separate pool basis or, with the approval of the
commission, on a commingled pool basis.
All provisions of law governing pari-mutuel betting apply to
simulcasting except as otherwise provided in this subdivision or in the
commission's rules. If pools are
commingled, wagering at the licensed facility must be on equipment
electronically linked with the equipment at the licensee's class A facility or
with the sending racetrack via the totalizator computer at the licensee's class
A facility. Subject to the approval of
the commission, the types of betting, takeout, and distribution of winnings on
commingled pari-mutuel pools are those in effect at the sending racetrack. Breakage for pari-mutuel pools on a
televised race must be calculated in accordance with the law or rules governing
the sending racetrack for these pools, and must be distributed in a manner
agreed to between the licensee and the sending racetrack. Notwithstanding subdivision 7 and section
240.15, subdivision 5, the commission may approve procedures governing the
definition and disposition of unclaimed tickets that are consistent with the
law and rules governing unclaimed tickets at the sending racetrack. For the purposes of this section,
"sending racetrack" is either the racetrack outside of this state
where the horse race is conducted or, with the consent of the racetrack, an
alternative facility that serves as the racetrack for the purpose of
commingling pools.
(f) If there is more than one class
B licensee conducting racing within the seven-county metropolitan area,
simulcasting may be conducted only on races run by a breed that ran at the
licensee's class A facility within the 12 months preceding the event.
Sec. 2. Minnesota
Statutes 2002, section 240.30, subdivision 5, is amended to read:
Subd. 5. [LIMITATION.] Except
in the case of a licensee who has held a class B license for less than 12
months, the commission shall not authorize a licensee to operate a card
club unless the licensee has conducted at least 50 days of live racing at a
class A facility within the past 12 months or during the preceding calendar
year. In the case of a licensee who
has held a class B license for less than 12 months, the commission shall not
authorize the licensee to operate a card club unless the licensee has been
granted at least 50 racing days by the commission in the year in which the card
club begins operations.
Sec. 3. [COMMISSIONER
OF REVENUE; STUDY OF CARD CLUB TAXATION.]
The commissioner of revenue shall study the taxation of card
clubs at Minnesota racetracks under Minnesota Statutes, section 240.35. In conducting the study the commissioner
shall consider:
(1) types of revenue received by card clubs and amounts
received for each type;
(2) current uses of such revenue;
(3) existing taxes paid by licensed racetracks in Minnesota;
(4) taxation of card club and pari-mutuel wagering revenues
in other states;
(5) taxation of other forms of legal gambling in Minnesota;
and
(6) alternative methods of taxing card club revenues and the
effect of each alternative on state revenues, card club and racetrack
operations, and the racing and breeding industry in Minnesota.
The commissioner shall report on the study to the chairs of
the legislative committees having jurisdiction over taxation and gambling
policy by January 15, 2005. The report
must contain the commissioner's recommendations for a fair and equitable tax
system for card club revenues."
Delete the title and insert:
"A bill for an act relating to horse racing; deleting
certain restrictions on conducting simulcasting and operating a card club;
requiring a study of taxation of card clubs; amending Minnesota Statutes 2002,
sections 240.13, subdivision 6; 240.30, subdivision 5."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Dempsey from the Committee on Local
Government and Metropolitan Affairs to which was referred:
H. F. No. 1650, A bill for an act relating to local government;
authorizing local bonding for personal rapid transit; amending Minnesota
Statutes 2002, sections 429.021, subdivision 1; 475.52, subdivisions 1, 3, 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 475.51, is amended by adding a
subdivision to read:
Subd. 15.
[PERSONAL RAPID TRANSIT; PRT.] "Personal rapid transit" or
"PRT" is a transit system consisting of elevated guideways that allow
automated electrically driven vehicles to carry individuals nonstop from any
station on the system to any other station on the system.
Sec. 2. Minnesota
Statutes 2002, section 475.52, is amended by adding a subdivision to read:
Subd. 7. [LOANS
FOR PRT.] A statutory or home rule charter city, county, or town may issue
bonds or other obligations and loan the proceeds, with or without charging
interest, to a public or private entity to design, construct, furnish, and
equip a personal rapid transit system or a PRT public safety certification and
training facility."
Amend the title as follows:
Page 1, line 4, delete everything after "sections"
and insert "475.51, by adding a subdivision; 475.52, by adding a
subdivision."
Page 1, delete line 5
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 1667, A bill for an act relating to economic
development; providing for a grant program to promote modernization of dairy
equipment; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 1686, A bill for an act relating to capital
investment; appropriating money for a personal rapid transit demonstration
project; authorizing the issuance of general obligation bonds.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Higher Education Finance.
The report was adopted.
Stang from the Committee on Higher Education Finance to
which was referred:
H. F. No. 1730, A bill for an act relating to higher education;
providing penalties for students convicted of rioting; proposing coding for new
law in Minnesota Statutes, chapter 135A.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Civil Law.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1741, A bill for an act relating to gambling;
prohibiting location of a state-operated or state-licensed gambling facility in
a city unless the voters of the city have approved the facility in a
referendum; providing for payment of referendum costs; appropriating money.
Reported the same back with the following amendments:
Page 1, line 18, delete "the facility's presence"
and insert "that use"
Page 1, delete lines 20 to 26
Page 2, delete lines 1 to 4
Amend the title as follows:
Page 1, line 5, delete "; providing for payment of"
and insert a period
Page 1, delete line 6
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 1800, A bill for an act relating to natural
resources; requiring a report of tribal agreement-related costs.
Reported the same back with the following amendments:
Page 1, line 6, delete "commissioner of natural
resources" and insert "legislative auditor"
Page 1, lines 7 and 8, delete "the Department of
Natural Resources" and insert "state and local governments"
Page 1, line 13, delete "commissioner" and
insert "legislative auditor"
Page 1, line 16, delete everything after the period
Page 1, delete lines 17 to 20
With the recommendation that when so amended the bill pass.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 1817, A bill for an act relating to animals;
requiring restitution for harm done by dogs to service animals; amending
Minnesota Statutes 2002, section 609.226, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 609.226, subdivision 3, is amended to
read:
Subd. 3. [DEFENSE.] If
proven by a preponderance of the evidence, it shall be an affirmative defense
to liability under this section subdivision 1 or 2 that the
victim provoked the dog to cause the victim's bodily harm.
Sec. 2. Minnesota
Statutes 2002, section 609.226, is amended by adding a subdivision to read:
Subd. 4. [HARM
TO SERVICE ANIMAL CAUSED BY DOG; CRIME, MANDATORY RESTITUTION.] (a) As used
in this subdivision, "service animal" means an animal individually
trained or being trained to do work or perform tasks for the benefit of an
individual with a disability.
(b) A person who negligently or intentionally (1) permits
the person's dog to run uncontrolled off the person's premises, or (2) fails to
keep the person's dog properly confined or controlled; and as a result the dog
causes bodily harm to a service animal or otherwise renders a service animal
unable to perform its duties, is guilty of a misdemeanor.
(c) The court shall order a person convicted of violating
this subdivision to pay restitution for the costs and expenses resulting from
the crime. Costs and expenses include,
but are not limited to, the service animal user's loss of income, veterinary
expenses, transportation costs, and other expenses of temporary replacement
assistance services, and service animal replacement or retraining costs
incurred by a school, agency, or individual.
If the court finds that the convicted person is indigent, the court may
reduce the amount of restitution to a reasonable level or order it paid in
installments.
(d) This subdivision does not preclude a person from seeking
any available civil remedies for an act that violates this subdivision.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective August 1, 2004, and apply to
crimes committed on or after that date."
Delete the title and insert:
"A bill for an act relating to animals; criminalizing
certain harm caused to a service animal by a dog; requiring restitution; clarifying
civil liability; imposing a criminal penalty; amending Minnesota Statutes 2002,
section 609.226, subdivision 3, by adding a subdivision."
With the recommendation that when so amended the bill pass.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 1908, A bill for an act relating to crimes;
prohibiting nonvehicular evasive flight from a peace officer; providing
penalties; amending Minnesota Statutes 2002, section 609.487, by adding a
subdivision.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1925, A bill for an act relating to state government;
providing a process for community ownership of the Minnesota Twins; proposing
coding for new law as Minnesota Statutes, chapter 4B.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 1941, A bill for an act relating to Anoka County;
authorizing the county to establish a Personnel Board of Appeals.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Haas from the Committee on State Government Finance to which
was referred:
H. F. No. 1946, A bill for an act relating to state government;
requiring state employees to reimburse the employer for personal use of state
vehicles; amending Minnesota Statutes 2002, section 16B.55, subdivision 3.
Reported the same back with the following amendments:
Page 2, lines 5 and 6, delete the new language and insert
"A state employee must reimburse the employer for the use of a state
vehicle to the extent this use would be considered a taxable fringe benefit for
the employee under the Internal Revenue Code and regulations implementing the
code, but for the employee reimbursing"
Page 2, line 9, delete "federal income tax laws"
and insert "Internal Revenue Code and regulations"
With the recommendation that when so amended the bill pass.
The report was adopted.
Kuisle from the Committee on Transportation Finance to which was
referred:
H. F. No. 1974, A bill for an act relating to public safety
radio communication systems; expanding and making permanent the sales and use
tax exemption for public safety radio communication system products and
services; expanding the definition of subsystems; expanding the purposes for
public safety radio communication systems' revenue bonds; increasing the dollar
limits and clarifying the kind of subsystem certain revenue bonds may be used
for; appropriating money; amending Minnesota Statutes 2003 Supplement, sections
297A.70, subdivision 8; 403.21, subdivision 8; 403.27, subdivisions 1, 3.
Reported the same back with the following amendments:
Page 4, line 15, delete "$......." and insert
"$9,557,000"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1977, A bill for an act relating to gambling;
appropriating money for compulsive gambling prevention and education.
Reported the same back with the following amendments:
Page 1, line 12, after "providing" insert
"effective treatment"
Page 1, line 13, before the period, insert ", including
research conducted at the University of Minnesota Medical School on compulsive
gambling"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Stang from the Committee on Higher Education Finance to
which was referred:
H. F. No. 1984, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
purchase of a medical research facility.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Jobs and Economic Development
Finance.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 1989, A bill for an act relating to crime prevention;
regulating the sale of methamphetamine precursor drugs; authorizing reporting
of suspicious transactions involving these drugs and providing civil immunity
for so doing; requiring a methamphetamine educational program for retailers;
further regulating while recodifying activities involving anhydrous ammonia;
requiring courts to order restitution in certain situations involving
controlled substances; imposing property restrictions in certain situations
involving controlled substances; increasing the criminal penalties for
possessing certain substances with the intent to manufacture methamphetamine
and imposing a mandatory minimum sentence for so doing; establishing new
methamphetamine-related crimes; expanding the definition of "violent
crime" for mandatory sentencing purposes; requiring that vehicles and
other property used to manufacture methamphetamine indicate this in the title
or deed; establishing a methamphetamine laboratory cleanup revolving fund and
authorizing loans to assist counties and cities in conducting methamphetamine
cleanup; imposing criminal penalties; appropriating money; amending Minnesota
Statutes 2002, sections 152.135, subdivision 2; 168A.05, subdivision 3; 609.1095,
subdivision 1; Minnesota Statutes 2003 Supplement, section 152.021,
subdivisions 2a, 3; proposing coding for new law in Minnesota Statutes,
chapters 152; 446A; repealing Minnesota Statutes 2002, sections 18C.005,
subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 18D.331, subdivision 5.
Reported the same back with the following amendments:
Page 1, after line 32, insert:
"Section 1.
[152.015] [GBL AND BDO.]
Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not
controlled substances and are exempted from regulation under this chapter when:
(1) intended for industrial use and not for human
consumption; or
(2) occurring in a natural concentration and not the result
of deliberate addition."
Page 7, line 31, delete the first comma and insert "oder"
and delete ", phenylpropanolamine, or"
Page 7, delete line 32
Page 7, line 33, delete "isomers"
Page 7, line 35, delete the first comma and insert "oder"
and delete everything after "pseudoephedrine"
Page 7, delete line 36
Page 8, line 1, delete everything
before the period
Page 8, line 14, delete "two" and insert
"three" and after "packages" insert "or
any combination of packages exceeding a total weight of nine grams"
Page 8, line 21, delete the first comma and insert "and"
and delete ", and"
Page 8, line 22, delete everything before the semicolon
Page 8, delete lines 27 to 36
Page 9, delete lines 1 to 8
Page 9, line 13, before "An" insert "(a)"
Page 9, after line 24, insert:
"(b) Subdivisions 2 and 3 do not apply to a
methamphetamine precursor drug that is manufactured in a manner that prevents
the drug from being used to manufacture methamphetamine."
Page 9, after line 33, insert:
"Subd. 6.
[EXEMPTION.] This section does not apply to pediatric products labeled
pursuant to federal regulation primarily intended for administration to
children under 12 years of age according to label instructions."
Page 12, line 27, delete "(a)" and delete
"shall" and insert "may"
Page 12, line 30, delete everything after "custody"
and insert "in accordance with section 260C.175, subdivision 1,
paragraph (b), clause (2). A child
taken into protective custody under this subdivision shall be provided health
screening to assess potential health concerns related to methamphetamine as
provided in section 260C.188. A child
not taken into protective custody under this subdivision but who is known to
have been exposed to methamphetamine shall be offered health screening for
potential health concerns related to methamphetamine as provided in section
260C.188."
Page 12, delete lines 31 to 36
Page 13, delete lines 1 to 36
Page 14, delete lines 1 to 4
Page 14, line 6, after the first "of" insert
"suspected"
Page 14, line 9, before the period, insert ", and the
peace officer has reason to believe the vulnerable adult inhaled, was exposed
to, had contact with, or ingested methamphetamine, a chemical substance, or
methamphetamine paraphernalia"
Page 14, line 11, delete everything after "point"
Page 14, line 23, after "(c)" insert "The
county social services agency shall immediately respond"
Page 14, line 24, delete ", the" and insert a
period
Page 14, delete lines 25 to 28
Page 15, line 33, after the second "the"
insert "certificate of title and"
Page 19, line 22, delete "14" and insert
"15"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 23, after the first semicolon, insert
"exempting certain substances from being classified as controlled
substances under certain circumstances; exempting certain pediatric products
labeled pursuant to federal regulation from law prohibiting sale of
methamphetamine precursor drugs; authorizing taking a child into protective
custody for health screening relating to methamphetamine;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Civil Law.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 2005, A bill for an act relating to the environment;
extending the restriction on phosphorus use in fertilizers; amending Minnesota
Statutes 2002, section 18C.60, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Stang from the Committee on Higher Education Finance to which
was referred:
H. F. No. 2006, A bill for an act relating to capital
investment; appropriating money for a hockey arena at Bemidji State University;
authorizing the issuance of general obligation bonds.
Reported the same back with the recommendation that the bill be
re-referred to the Committee on State Government Finance without further
recommendation.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 2011, A bill for an act relating to gambling; card
clubs; eliminating the maximum table requirement; amending Minnesota Statutes
2002, section 240.30, subdivision 8.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Hackbarth from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 2069, A bill for an act relating to game and fish;
requiring certain meetings to be open to the public; amending Minnesota
Statutes 2002, section 97C.401, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 97C.401, is amended by adding a
subdivision to read:
Subd. 3. [1837
CEDED TERRITORY FISHERIES COMMITTEE.] Any meeting of the 1837 Ceded
Territory Fisheries Committee, created under Protocol No. 1 as a result of
Mille Lacs Band v. Minnesota, No.
3-94-1226 (D. Minn. March 29, 1996), must be open to the following
attendees:
(1) three representatives of the media, to include one
representative from the Lake Mille Lacs area, with two others chosen by lottery
conducted by the commissioner of natural resources;
(2) two members of the Lake Mille Lacs Fisheries Input
Group;
(3) the chairpersons of the house and senate committees
having jurisdiction over natural resources policy or their designees; and
(4) a biologist who is not an employee of the Department of
Natural Resources."
Delete the title and insert:
"A bill for an act relating to game and fish; requiring
fisheries committee meetings to be open to certain attendees; amending
Minnesota Statutes 2002, section 97C.401, by adding a subdivision."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 2107, A bill for an act relating to real property;
modifying provisions relating to survey and monument requirements; amending
Minnesota Statutes 2002, sections 160.15; 389.09.
Reported the same back with the following amendments:
Page 2, line 14, strike "stone," and insert "a
durable" and after "concrete" strike the comma and strike
"cast iron" and insert "metal marker"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on
Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 2135, A bill for an act relating to gambling;
providing for lottery gaming machines; authorizing the director of the state
lottery to contract for the placement of gaming machines at a gaming facility;
imposing a tax on gaming machine revenue and providing for the use of gaming
machine revenue; providing powers and duties to the director; providing for
blackjack and other card games at a gaming facility; amending Minnesota
Statutes 2002, sections 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5;
349A.01, subdivision 10, by adding subdivisions; 349A.13; 541.20; 541.21;
609.75, subdivision 3; 609.761, subdivision 2; Minnesota Statutes 2003
Supplement, section 297A.94; proposing coding for new law in Minnesota
Statutes, chapters 297A; 349A.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 2163, A bill for an act relating to crime prevention;
public safety; expanding the trespass law; amending Minnesota Statutes 2002,
section 609.605, subdivisions 1, 4.
Reported the same back with the following amendments:
Page 3, line 4, delete "at" and insert "within
one year"
Page 3, line 5, delete "any time"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2267, A bill for an act relating to agriculture;
increasing maximum state participation limits for certain rural finance
authority programs; changing certain net worth limits; amending Minnesota
Statutes 2002, sections 41B.03, subdivision 3; 41B.039, subdivision 2; 41B.04,
subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b, by adding a
subdivision; 41B.045, subdivision 2; 41B.046, subdivision 5; 41C.02,
subdivision 12.
Reported the same back with the following amendments:
Page 5, line 23, strike everything after "than"
Page 5, strike lines 24 and 25
Page 5, line 26, strike everything before the period and insert
"twice the amount set for an individual in clause (1)"
Page 5, line 28, delete the new language and strike "and
an"
Page 5, strike line 29
Page 5, line 30, delete the new language and strike the old
language
Page 5, strike line 31
Page 5, line 32, strike "Index" and insert "the
amount set for an individual in clause (1)"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Capital Investment.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 2275, A bill for an act relating to peace officers;
clarifying when a peace officer may recoup attorney fees and costs in a
civilian complaint proceeding; amending Minnesota Statutes 2002, section
471.44, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 14, strike "probable"
Page 1, line 15, strike everything before "not" and
insert "a finding that the complaint is sustained by the authority, and
if the complaint is subsequently"
With the recommendation that when so amended the bill pass.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 2281, A bill for an act relating to crime victims;
authorizing providing information to victims of juvenile acts; clarifying the
definition of victim; authorizing release of an offender's current city of
residence upon request by a victim; reducing the time of the nonliable spouse
to file a claim under the Revenue Recapture Act; amending Minnesota Statutes
2002, sections 13.84, by adding a subdivision; 260B.163, subdivision 1;
611A.01; Minnesota Statutes 2003 Supplement, section 260B.171, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 270A.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 2288, A bill for an act relating to courts; modifying
conciliation court debtor disclosures; amending Minnesota Statutes 2002,
section 491A.02, subdivision 9.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2340, A bill for an act relating to state government
operations; appropriating money for the technology enterprise fund.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"(a) The commissioner of finance must transfer any
outstanding balance from the expired technology enterprise fund to the general
fund."
Page 1, line 6, before "$117,000" insert
"(b)"
Page 1, line 7, delete "technology enterprise"
and insert "general"
Amend the title as follows:
Page 1, line 3, delete "the" and delete "enterprise
fund" and insert "projects"
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 2365, A bill for an act relating to the environment;
providing for enforcement for certain aboveground petroleum storage tanks;
modifying field citations procedures for petroleum storage tanks; amending
Minnesota Statutes 2002, section 115.071, subdivision 7; Minnesota Statutes
2003 Supplement, section 116.073, subdivisions 1, 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 115.071, subdivision 7, is amended to
read:
Subd. 7. [UNDERGROUND AND
ABOVEGROUND STORAGE TANKS; RED TAGS.] (a) The commissioner may issue a red
tag for failure to have the regulated underground tank system or aboveground
tank facility protected from corrosion, failure to have spill and overfill
protection, or failure to have a leak detection method in place. A red tag may also be issued for underground
storage tank system or aboveground tank facility violations if an
enforcement action, including, but not limited to, a citation as defined in
section 116.073, subdivision 1, has been issued and the violations are not
corrected. Upon discovery of a
violation at a facility with an underground storage tank system or
aboveground tank facility, the commissioner shall affix a red tag, in plain
view, to the fill pipe cap of the tank system that provides notice that
delivery of petroleum products to the tank system is prohibited. When the red tag is issued, agency staff
must determine the product level in the tank.
(b) No owner or operator of a facility having an
underground storage tank system or aboveground tank facility shall fill
or allow the filling of a tank with a petroleum product while a red tag is
affixed to the fill pipe cap of the tank system.
(c) A person shall not remove, deface, alter, or otherwise
tamper with a red tag so that the information contained on the tag is not
legible.
(d) A red tag may not be removed until the commissioner has
inspected the underground storage tank system or aboveground tank facility
and established that it is no longer in violation. After making that determination, the commissioner shall remove
the red tag within 24 hours or as soon as reasonably possible. Upon agreement by the commissioner, the red
tag may also be removed by an agency-certified installer who provides
documentation to the commissioner that the violation for which the system was
red-tagged has been corrected.
(e) The issuance of a red tag may be appealed under section
116.072, subdivision 6, paragraphs (a) to (e), except that the person subject
to the order must request a hearing within 15 days after issuance of a red tag
and, if a hearing is not requested within the 15-day period, the red tag
becomes a final order not subject to further review.
Sec. 2. Minnesota
Statutes 2003 Supplement, section 116.073, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY TO ISSUE.] (a) Pollution Control Agency staff designated by
the commissioner and Department of Natural Resources conservation officers may
issue citations to a person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the disposal of solid
waste without permission of the owner of the property;
(2) fails to report or recover discharges as required under
section 115.061;
(3) fails to take discharge preventive or preparedness measures
required under chapter 115E; or
(4) fails to install or use vapor recovery equipment during the
transfer of gasoline from a transport delivery vehicle to an underground
storage tank as required in section 116.49, subdivisions 3 and 4.
(b) In addition, Pollution Control Agency staff designated by
the commissioner may issue citations to owners and operators of facilities dispensing
petroleum products who violate sections 116.46 to 116.50 and Minnesota
Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued under this subdivision
must include a requirement that the person cited remove and properly dispose of
or otherwise manage the waste or discharged oil or hazardous substance,
reimburse any government agency that has disposed of the waste or discharged
oil or hazardous substance and contaminated debris for the reasonable costs of
disposal, or correct any storage tank violations.
(c) Until June 1, 2004, Citations for violation violations
of sections 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150
and 7151, may be issued only after the owners and operators have had a 90-day
60-day period to correct violations stated in writing by Pollution
Control Agency staff, unless there is a discharge associated with the violation
or the violation is of Minnesota Rules, part 7151.6400, subpart 1, item B,
or 7151.6500 a repeat violation from a previous inspection.
Sec. 3. Minnesota
Statutes 2003 Supplement, section 116.073, subdivision 2, is amended to read:
Subd. 2. [PENALTY
AMOUNT.] The citation must impose the following penalty amounts:
(1) $100 per major appliance, as defined in section 115A.03,
subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90,
subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915, up
to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot up
to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a
vehicle used for the transportation of solid waste if, after receiving actual
notice that waste has escaped the vehicle, the person or company transporting
the waste fails to immediately collect the waste;
(6) $50 per violation of rules adopted under section 116.49,
relating to underground storage tank system design, construction, installation,
and notification requirements, up to a maximum of $2,000;
(7) $250 $500 per violation of rules adopted
under section 116.49, relating to upgrading of existing underground storage
tank systems, up to a maximum of $2,000 per tank system;
(8) $100 $250 per violation of rules adopted
under section 116.49, relating to underground storage tank system general
operating requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section 116.49,
relating to underground storage tank system release detection requirements, up
to a maximum of $2,000;
(10) $50 per violation of rules adopted under section 116.49,
relating to out-of-service underground storage tank systems and closure, up to
a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491 relating
to underground storage tank system notification, monitoring, environmental
protection, and tank installers training and certification requirements, up to
a maximum of $2,000;
(12) $25 per gallon of oil or hazardous substance discharged
which is not reported or recovered under section 115.061, up to a maximum of
$2,000;
(13) $1 per gallon of oil or hazardous substance being stored,
transported, or otherwise handled without the prevention or preparedness
measures required under chapter 115E, up to a maximum of $2,000;
(14) $250 per violation of Minnesota Rules, parts 7001.4200 to
7001.4300 or chapter 7151, related to aboveground storage tank systems, up to a
maximum of $2,000; and
(15) $250 per delivery made in violation of section 116.49,
subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not
installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not
equipped with vapor recovery equipment; or
(iii) the driver for failure to use supplied vapor recovery
equipment."
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 2368, A bill for an act relating to game and fish;
modifying deer hunting provisions and fees; modifying restriction on
importation of cervidae carcasses; modifying restriction on the transport of
game birds; clarifying validity of firearms safety certificates issued to youth;
modifying turtle license requirements; eliminating prohibition on the use of
vehicles for trapping beaver and otter; amending Minnesota Statutes 2002,
sections 97A.545, subdivision 5; 97B.015, subdivision 5; 97B.301, subdivisions
6, 7; Minnesota Statutes 2003 Supplement, sections 97A.475, subdivision 2;
97A.505, subdivision 8; 97C.605, subdivision 2c; repealing Minnesota Statutes
2002, section 97B.935.
Reported the same back with the following amendments:
Page 2, line 16, delete "(a)"
Page 2, line 18, after "carcasses" insert "from
known chronic wasting disease endemic areas, as determined by the Board of
Animal Health,"
Page 2, delete lines 23 to 25
Page 2, line 26, delete "taxidermist."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 2378, A bill for an act relating to local government;
adding to the list of unpaid special charges for which a city may collect a
service charge as a special assessment; making a conforming change; amending
Minnesota Statutes 2002, section 504B.445, subdivision 4; Minnesota Statutes
2003 Supplement, section 429.101, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 2383, A bill for an act relating to natural
resources; modifying the forest resources Interagency Information Cooperative;
modifying the State Timber Act; amending Minnesota Statutes 2002, sections
89A.09, subdivision 1; 90.02; 90.181, subdivision 2; 90.191, subdivision 2, by
adding a subdivision; 90.252; Minnesota Statutes 2003 Supplement, sections
90.101, subdivision 1; 90.121; 90.14; 90.151, subdivision 1; repealing
Minnesota Statutes 2003 Supplement, section 90.191, subdivisions 3, 4.
Reported the same back with the following amendments:
Pages 3 and 4, delete section 4
Page 8, after line 4, insert:
"Sec. 10.
Minnesota Statutes 2002, section 282.04, subdivision 1, is amended to
read:
Subdivision 1. [TIMBER
SALES; LAND LEASES AND USES.] (a) The county auditor may sell timber upon any
tract that may be approved by the natural resources commissioner. Such The sale of timber shall
be made for cash at not less than the appraised value determined by the county
board to the highest bidder after not less than one week's published notice in
an official paper within the county.
Any timber offered at such the public sale and not sold
may thereafter be sold at private sale by the county auditor at not less than
the appraised value thereof, until such the time as the county
board may withdraw such the timber from sale. The appraised value of the timber and the
forestry practices to be followed in the cutting of said timber shall be
approved by the commissioner of natural resources.
(b) Payment of the full sale price of all timber sold on
tax-forfeited lands shall be made in cash at the time of the timber sale,
except in the case of oral or sealed bid auction sales, the down payment shall
be no less than 15 percent of the appraised value, and the balance shall be
paid prior to entry. In the case of
auction sales that are partitioned and sold as a single sale with predetermined
cutting blocks, the down payment shall be no less than 15 percent of the
appraised price of the entire timber sale which may be held until the
satisfactory completion of the sale or applied in whole or in part to the final
cutting block. The value of each
separate block must be paid in full before any cutting may begin in that block. With the permission of the county administrator
the purchaser may enter unpaid blocks and cut necessary timber incidental to
developing logging roads as may be needed to log other blocks provided that no
timber may be removed from an unpaid block until separately scaled and paid
for. If payment is provided as
specified in this paragraph as security under paragraph (a) and no cutting has
taken place on the contract, the county auditor may credit the security
provided, less any down payment required for an auction sale under this
paragraph, to any other contract issued to the contract holder by the county
under this chapter to which the contract holder requests in writing that it be
credited, provided the request and transfer is made within the same calendar
year as the security was received.
(c) The county board may require final settlement on the basis
of a scale of cut products. Any parcels
of land from which timber is to be sold by scale of cut products shall be so
designated in the published notice of sale above mentioned under
paragraph (a), in which case the notice shall contain a description of such
the parcels, a statement of the estimated quantity of each species of
timber thereon, and the appraised price of each specie species
of timber for 1,000 feet, per cord or per piece, as the case may be. In such those cases any bids
offered over and above the appraised prices shall be by percentage, the percent
bid to be added to the appraised price of each of the different species of
timber advertised on the land. The
purchaser of timber from such the parcels shall pay in cash at
the time of sale at the rate bid for all of the timber shown in the notice of
sale as estimated to be standing on the land, and in addition shall pay at the
same rate for any additional amounts which the final scale shows to have been
cut or was available for cutting on the land at the time of sale under the
terms of such the sale.
Where the final scale of cut products shows that less timber was cut or
was available for cutting under terms of such the sale than was
originally paid for, the excess payment shall be refunded from the forfeited
tax sale fund upon the claim of the purchaser, to be audited and allowed by the
county board as in case of other claims against the county. No timber, except hardwood pulpwood, may be
removed from such the parcels of land or other designated
landings until scaled by a person or persons designated by the county board and
approved by the commissioner of natural resources. Landings other than the parcel of land from which timber is cut
may be designated for scaling by the county board by written agreement with the
purchaser of the timber. The county
board may, by written agreement with the purchaser and with a consumer
designated by the purchaser when the timber is sold by the county auditor, and
with the approval of the commissioner of natural resources, accept the
consumer's scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid
for in cash. Small amounts of timber
not exceeding $3,000 in appraised valuation may be sold for not less than the
full appraised value at private sale to individual persons without first
publishing notice of sale or calling for bids, provided that in case of such
a sale involving a total appraised value of more than $200 the sale
shall be made subject to final settlement on the basis of a scale of cut
products in the manner above provided and not more than two such of
the sales, directly or indirectly to any individual shall be in effect at
one time.
(d) As directed by the county board,
the county auditor may lease tax-forfeited land to individuals, corporations or
organized subdivisions of the state at public or private vendue sale,
and at such the prices and under such the terms as
the county board may prescribe, for use as cottage and camp sites and for
agricultural purposes and for the purpose of taking and removing of hay,
stumpage, sand, gravel, clay, rock, marl, and black dirt therefrom from
the land, and for garden sites and other temporary uses provided that no
leases shall be for a period to exceed ten years; provided, further that any
leases involving a consideration of more than $12,000 per year, except to an
organized subdivision of the state shall first be offered at public sale in the
manner provided herein for sale of timber.
Upon the sale of any such leased land, it shall remain subject to
the lease for not to exceed one year from the beginning of the term of the
lease. Any rent paid by the lessee for
the portion of the term cut off by such the cancellation shall be
refunded from the forfeited tax sale fund upon the claim of the lessee, to be
audited and allowed by the county board as in case of other claims against the
county.
(e) As directed by the county board, the county auditor may
lease tax-forfeited land to individuals, corporations, or organized
subdivisions of the state at public or private vendue sale, at such
the prices and under such the terms as the county board
may prescribe, for the purpose of taking and removing for use for road
construction and other purposes tax-forfeited stockpiled iron-bearing
material. The county auditor must
determine that the material is needed and suitable for use in the construction
or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill,
or other works on public or private property, and that the use would be in the
best interests of the public. No lease
shall exceed ten years. The use of a
stockpile for these purposes must first be approved by the commissioner of
natural resources. The request shall be
deemed approved unless the requesting county is notified to the contrary by the
commissioner of natural resources within six months after receipt of a request
for approval for use of a stockpile.
Once use of a stockpile has been approved, the county may continue to
lease it for these purposes until approval is withdrawn by the commissioner of
natural resources.
(f) The county auditor, with the approval of the county board
is authorized to grant permits, licenses, and leases to tax-forfeited lands for
the depositing of stripping, lean ores, tailings, or waste products from mines
or ore milling plants, upon such the conditions and for such
the consideration and for such the period of time, not
exceeding 15 years, as the county board may determine; said. The permits, licenses, or leases to
be are subject to approval by the commissioner of natural resources.
(g) Any person who removes any timber from tax-forfeited land
before said timber has been scaled and fully paid for as provided in this
subdivision is guilty of a misdemeanor.
(h) The county auditor may, with the approval of the county
board, and without first offering at public sale, grant leases, for a term not
exceeding 25 years, for the removal of peat from tax-forfeited lands upon such
the terms and conditions as the county board may prescribe. Any lease for the removal of peat from
tax-forfeited lands must first be reviewed and approved by the commissioner of
natural resources if the lease covers 320 or more acres. No lease for the removal of peat shall be
made by the county auditor pursuant to this section without first holding a
public hearing on the auditor's intention to lease. One printed notice in a legal newspaper in the county at least
ten days before the hearing, and posted notice in the courthouse at least 20
days before the hearing shall be given of the hearing.
(i) Notwithstanding any provision of paragraph (c) to the
contrary, the St. Louis County auditor may, at the discretion of the county
board, sell timber to the party who bids the highest price for all the several
kinds of timber, as provided for sales by the commissioner of natural resources
under section 90.14. Bids offered over
and above the appraised price need not be applied proportionately to the
appraised price of each of the different species of timber.
(j) In lieu of any payment or deposit required in paragraph
(b), as directed by the county board and under terms set by the county board,
the county auditor may accept an irrevocable bank letter of credit in the
amount equal to the amount otherwise determined in paragraph (b), exclusive of
the down payment required for an auction sale in paragraph (b). If an irrevocable bank letter of credit is
provided under this paragraph, at the written request of the purchaser,
the county may periodically allow the bank letter of credit to be reduced by an
amount proportionate to the value of timber that has been harvested and for
which the county has received payment.
The remaining amount of the bank letter of credit after a reduction
under this paragraph must not be less than 20 percent of the value of the
timber purchased. If no cutting of
timber has taken place on the contract for which a letter of credit has been
provided, the county may allow the transfer of the letter of credit to any
other contract issued to the contract holder by the county under this chapter
to which the contract holder requests in writing that it be credited.
Renumber the sections in sequence and correct the internal references
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "modifying
provisions for timber sales on tax-forfeited land;"
Page 1, line 7, after the second semicolon, insert
"282.04, subdivision 1;"
Page 1, line 8, delete "90.121;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Governmental Operations and Veterans Affairs
Policy.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 2444, A bill for an act relating to civil actions;
regulating limitation periods of certain actions; enacting a uniform conflict
of laws-limitations act; proposing coding for new law in Minnesota Statutes,
chapter 541.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 2448, A bill for an act relating to metropolitan
government; modifying the method for determining each municipality's affordable
and life-cycle housing opportunities amount; modifying the basis on which
nonparticipating municipalities may elect to participate; making conforming
changes; amending Minnesota Statutes 2002, section 473.254, subdivisions 2, 3,
4, 6, 7, 8, by adding a subdivision.
Reported the same back with the following amendments:
Page 7, after line 3, insert:
"Sec. 8. Minnesota
Statutes 2002, section 473.255, subdivision 3, is amended to read:
Subd. 3. [INCLUSIONARY
HOUSING INCENTIVES.] The Metropolitan Council may work with municipalities and
developers to provide incentives to inclusionary housing developments such
as waiver of service availability charges and other regulatory incentives
that would result in identifiable cost avoidance or reductions for an
inclusionary housing development. Waivers
of service availability charges are not eligible as incentives."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, before "making" insert
"providing that waivers of service availability charges are not eligible
as incentives to inclusionary housing developments;"
Page 1, line 7, delete "section" and insert
"sections"
Page 1, line 8, before the period, insert "; 473.255,
subdivision 3"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 2520, A bill for an act relating to lawful gambling;
providing for certain tipboard games; amending Minnesota Statutes 2002,
sections 349.12, subdivision 34; 349.151, by adding a subdivision; 349.1711,
subdivision 2; 349.211, by adding a subdivision; repealing Minnesota Statutes
2002, section 349.2127, subdivision 9.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Sykora from the Committee on Education Policy to which was
referred:
H. F. No. 2558, A bill for an act relating to education;
authorizing rulemaking and implementing the rigorous core academic standards in
social studies and science; amending Minnesota Statutes 2003 Supplement,
section 120B.021, subdivision 3.
Reported the same back with the following amendments:
Page 2, after line 25, insert:
"Sec. 3. [K-12
SOCIAL STUDIES STANDARDS RULES.]
Beginning no later than July 1, 2004, the education
commissioner shall amend the K-12 academic social studies standards
incorporated by reference under this act using the expedited process under
Minnesota Statutes, section 14.389. In
addition to technical changes, corrections, clarifications, and similarly
needed revisions, the K-12 academic social studies standards shall be modified
as indicated:
Page 10, line 4, after "grade 6" insert "or
grade 8".
Page 18, line 4, after "grade 6" insert "or
grade 8".
Page 19, Strand I, Sub-Strand C, delete
"(1810-1860)" and insert "(1810-1890)".
Page 19, Strand I, Sub-Strand C,
Standard, delete "early".
Page 19, Strand I, Sub-Strand C, Examples 1, delete
"immigrants, influence of" and insert ", German and".
Page 20, Strand I, Sub-Strand E, Examples 3, delete
"missionaries"."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Governmental Operations and Veterans Affairs
Policy.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 2577, A bill for an act relating to legislation;
correcting erroneous, ambiguous, and omitted text and obsolete references;
eliminating certain redundant, conflicting, and superseded provisions; making
miscellaneous technical corrections to statutes and other laws; amending Minnesota
Statutes 2002, sections 3.971, subdivision 8; 13.07; 13.461, by adding a
subdivision; 13.465, subdivision 1, by adding a subdivision; 13.475,
subdivision 4; 13.4967, by adding a subdivision; 13.7411, subdivision 5;
15.0591, subdivision 2; 18F.02, subdivision 2a; 60A.23, subdivision 5; 82.34,
subdivision 15; 85.053, subdivision 2; 89.391; 97A.055, subdivision 4;
103B.101, subdivision 10; 115B.16, subdivision 4; 115B.18, subdivision 1;
116A.11, subdivision 1; 119A.05, subdivision 1; 126C.48, subdivision 8;
162.081, subdivision 4; 163.16, subdivision 1; 163.161; 164.05, subdivision 3;
164.08, subdivision 1; 168.12, subdivision 2d; 181.953, subdivision 1; 214.03,
subdivision 1; 237.39; 256D.03, subdivision 8; 260B.175, subdivision 1;
270B.01, subdivision 8; 272.0212, subdivision 2; 273.1398, subdivisions 1, 2d,
3; 275.07, subdivision 1; 276.04, subdivision 2; 290.191, subdivision 5;
290C.04; 306.32; 325F.19, subdivision 3; 325F.69, subdivisions 1, 4; 326.10,
subdivisions 1, 7; 326.12, subdivision 2; 326.13; 326.15; 336.9-531; 344.20;
348.02; 357.021, subdivision 5; 365.59; 366.17; 368.85, subdivision 9; 385.09;
395.14; 477A.011, subdivisions 21, 27, 35; 477A.015; 609.3452, subdivision 2;
Minnesota Statutes 2003 Supplement, sections 13.4963, subdivision 2; 18G.14,
subdivisions 1, 8; 37.31, subdivision 4; 62J.692, subdivision 10; 62J.694,
subdivision 1; 97A.482; 115B.31, subdivision 1; 116J.966, subdivision 1;
119B.125, subdivision 2; 127A.45, subdivision 10; 144.395, subdivision 1;
192.501, subdivision 2; 216C.41, subdivision 1; 246.014; 256.954, subdivision
3; 270B.03, subdivision 6; 273.1392; 273.1398, subdivision 4c; 297A.668,
subdivision 3; 297A.669, subdivision 16; 308B.201; 308B.311, subdivision 6;
308B.471, subdivision 2; 308B.735, subdivision 1; 365.52, subdivision 1;
469.177, subdivision 9; 469.339, subdivision 2; 473.253, subdivision 1; Laws
2003, First Special Session chapter 11, article 2, section 21; Laws 2003, First
Special Session chapter 21, article 8, section 10; repealing Minnesota Statutes
2002, sections 18.79, subdivision 11; 115B.241; 273.1398, subdivisions 1a, 2e;
275.07, subdivisions 1a, 5; Laws 2001, chapter 161, section 29; Laws 2001,
First Special Session chapter 5, article 3, section 9; Laws 2002, chapter 364,
section 15; Laws 2002, chapter 380, article 4, section 1; Laws 2003, chapter
112, article 2, section 35; Laws 2003, chapter 127, article 5, section 19; Laws
2003, chapter 127, article 7, section 1; Laws 2003, chapter 128, article 2,
section 13; Laws 2003, chapter 128, article 3, section 4; Laws 2003, First
Special Session chapter 9, article 5, section 29; Minnesota Rules, parts
1220.0200; 1220.0300; 1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800;
1220.0900; 7380.0200; 7380.0210; 7380.0220; 7380.0230; 7380.0240.
Reported the same back with the following amendments:
Page 4, after line 20, insert:
"Sec. 8. Minnesota
Statutes 2002, section 13.4965, is amended by adding a subdivision to read:
Subd. 2a.
[UNIFORM ASSESSMENT DATA.] Data on property shared to promote uniform
assessment is governed by section 273.061, subdivision 8a."
Page 30, after line 2, insert:
"Sec. 38.
Minnesota Statutes 2003 Supplement, section 256B.0943, subdivision 5, is
amended to read:
Subd. 5. [PROVIDER
ENTITY ADMINISTRATIVE INFRASTRUCTURE REQUIREMENTS.] (a) To be an eligible
provider entity under this section, a provider entity must have an
administrative infrastructure that establishes authority and accountability for
decision making and oversight of functions, including finance, personnel,
system management, clinical practice, and performance measurement. The provider must have written policies and
procedures that it reviews and updates every three years and distributes to
staff initially and upon each subsequent update.
(b) The administrative infrastructure written policies and
procedures must include:
(1) personnel procedures, including a process for: (i) recruiting, hiring, training, and
retention of culturally and linguistically competent providers; (ii) conducting
a criminal background check on all direct service providers and volunteers;
(iii) investigating, reporting, and acting on violations of ethical conduct
standards; (iv) investigating, reporting, and acting on violations of data
privacy policies that are compliant with federal and state laws; (v) utilizing
volunteers, including screening applicants, training and supervising
volunteers, and providing liability coverage for volunteers; and (vi)
documenting that a each mental health professional, mental health
practitioner, or mental health behavioral aide meets the applicable provider
qualification criteria, training criteria under subdivision 8, and clinical
supervision or direction of a mental health behavioral aide requirements under
subdivision 6;
(2) fiscal procedures, including internal fiscal control
practices and a process for collecting revenue that is compliant with federal
and state laws;
(3) if a client is receiving services from a case manager or
other provider entity, a service coordination process that ensures services are
provided in the most appropriate manner to achieve maximum benefit to the
client. The provider entity must ensure
coordination and nonduplication of services consistent with county board coordination
procedures established under section 245.4881, subdivision 5;
(4) a performance measurement system, including monitoring to
determine cultural appropriateness of services identified in the individual
treatment plan, as determined by the client's culture, beliefs, values, and
language, and family-driven services; and
(5) a process to establish and maintain individual client
records. The client's records must
include:
(i) the client's personal information;
(ii) forms applicable to data privacy;
(iii) the client's diagnostic assessment, updates, results
of tests, individual treatment plan, and individual behavior plan, if
necessary;
(iv) documentation of service delivery as specified under
subdivision 6;
(v) telephone contacts;
(vi) discharge plan; and
(vii) if applicable, insurance information.
Sec. 39. Minnesota
Statutes 2003 Supplement, section 256B.0943, subdivision 7, is amended to read:
Subd. 7.
[QUALIFICATIONS OF INDIVIDUAL AND TEAM PROVIDERS.] (a) An individual or
team provider working within the scope of the provider's practice or
qualifications may provide service components of children's therapeutic
services and supports that are identified as medically necessary in a client's
individual treatment plan.
(b) An individual provider and multidisciplinary team
includes must be qualified as:
(1) a mental health professional as defined in subdivision 1,
paragraph (m); oder
(2) a mental health practitioner as defined in section
245.4871, subdivision 26. The mental
health practitioner must work under the clinical supervision of a mental health
professional; oder
(3) a mental health behavioral aide working under the direction
of a mental health professional to implement the rehabilitative mental health
services identified in the client's individual treatment plan. A level I mental health behavioral aide
must:
(i) be at least 18 years old;
(ii) have a high school diploma or general equivalency diploma
(GED) or two years of experience as a primary caregiver to a child with severe
emotional disturbance within the previous ten years; and
(iii) meet preservice and continuing education requirements
under subdivision 8. A level II mental
health behavioral aide must:
(i) be at least 18 years old;
(ii) have an associate or bachelor's degree or 4,000 hours of
experience in delivering clinical services in the treatment of mental illness
concerning children or adolescents; and
(iii) meet preservice and continuing education requirements in
subdivision 8;.
(4) (c) A preschool program multidisciplinary
team that includes must include at least one mental health
professional and one or more of the following individuals under the clinical
supervision of a mental health professional:
(i) a mental health practitioner; or
(ii) a program person, including a teacher, assistant teacher,
or aide, who meets the qualifications and training standards of a level I
mental health behavioral aide; or.
(5) (d) A day treatment multidisciplinary team that
includes must include at least one mental health professional and
one mental health practitioner.
Sec. 40. Minnesota
Statutes 2003 Supplement, section 256B.0943, subdivision 9, is amended to read:
Subd. 9. [SERVICE
DELIVERY CRITERIA.] (a) In delivering services under this section, a certified
provider entity must ensure that:
(1) each individual provider's caseload size permits the
provider to deliver services to both clients with severe, complex needs and
clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an
active role in service planning, monitoring, and delivering services to meet
the client's and client's family's needs, as specified in each client's
individual treatment plan;
(2) site-based programs, including day treatment and preschool
programs, provide staffing and facilities to ensure the client's health,
safety, and protection of rights, and that the programs are able to implement
each client's individual treatment plan;
(3) a day treatment program is provided to a group of clients
by a multidisciplinary staff team under the clinical supervision
of a mental health professional. The
day treatment program must be provided in and by: (i) an outpatient hospital accredited by the Joint Commission on
Accreditation of Health Organizations and licensed under sections 144.50 to
144.55; (ii) a community mental health center under section 245.62; and (iii)
an entity that is under contract with the county board to operate a program
that meets the requirements of sections 245.4712, subdivision 2, and 245.4884,
subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize the
client's mental health status while developing and improving the client's
independent living and socialization skills.
The goal of the day treatment program must be to reduce or relieve the
effects of mental illness and provide training to enable the client to live in
the community. The program must be
available at least one day a week for a minimum three-hour time block. The three-hour time block must include at
least one hour, but no more than two hours, of individual or group
psychotherapy. The remainder of the
three-hour time block may include recreation therapy, socialization therapy, or
independent living skills therapy, but only if the therapies are included in
the client's individual treatment plan.
Day treatment programs are not part of inpatient or residential
treatment services; and
(4) a preschool program is a structured treatment program
offered to a child who is at least 33 months old, but who has not yet reached
the first day of kindergarten, by a preschool multidisciplinary team in a day
program licensed under Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available at least one
day a week for a minimum two-hour time block.
The structured treatment program may include individual or group
psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plan.
(b) A provider entity must deliver the service components of
children's therapeutic services and supports in compliance with the following
requirements:
(1) individual, family, and group psychotherapy must be
delivered as specified in Minnesota Rules, part 9505.0323;
(2) individual, family, or group skills training must be
provided by a mental health professional or a mental health practitioner who
has a consulting relationship with a mental health professional who accepts
full professional responsibility for the training;
(3) crisis assistance must be intense, time-limited,
and designed to resolve or stabilize crisis through arrangements for direct
intervention and support services to the child and the child's family. Crisis assistance must utilize resources
designed to address abrupt or substantial changes in the functioning of the
child or the child's family as evidenced by a sudden change in behavior with
negative consequences for well being, a loss of usual coping mechanisms, or the
presentation of danger to self or others;
(4) medically necessary services that are provided by a mental
health behavioral aide must be designed to improve the functioning of the child
and support the family in activities of daily and community living. A mental health behavioral aide must
document the delivery of services in written progress notes. The mental health behavioral aide must implement
goals in the treatment plan for the child's emotional disturbance that allow
the child to acquire developmentally and therapeutically appropriate daily
living skills, social skills, and leisure and recreational skills through
targeted activities. These activities
may include:
(i) assisting a child as needed with skills development in
dressing, eating, and toileting;
(ii) assisting, monitoring, and guiding the child to complete
tasks, including facilitating the child's participation in medical
appointments;
(iii) observing the child and intervening to redirect the
child's inappropriate behavior;
(iv) assisting the child in using age-appropriate
self-management skills as related to the child's emotional disorder or mental
illness, including problem solving, decision making, communication, conflict
resolution, anger management, social skills, and recreational skills;
(v) implementing deescalation techniques as recommended by the
mental health professional;
(vi) implementing any other mental health service that the
mental health professional has approved as being within the scope of the
behavioral aide's duties; or
(vii) assisting the parents to develop and use parenting skills
that help the child achieve the goals outlined in the child's individual
treatment plan or individual behavioral plan.
Parenting skills must be directed exclusively to the child's treatment;
and
(5) direction of a mental health behavioral aide must include
the following:
(i) a total of one hour of on-site observation by a mental
health professional during the first 12 hours of service provided to a child;
(ii) ongoing on-site observation by a mental health
professional or mental health practitioner for at least a total of one hour
during every 40 hours of service provided to a child; and
(iii) immediate accessibility of the mental health professional
or mental health practitioner to the mental health behavioral aide during
service provision.
Sec. 41. Minnesota
Statutes 2003 Supplement, section 256B.0943, subdivision 12, is amended to
read:
Subd. 12. [EXCLUDED
SERVICES.] The following services are not eligible for medical assistance
payment as children's therapeutic services and supports:
(1) service components of children's therapeutic services and
supports simultaneously provided by more than one provider entity unless prior
authorization is obtained;
(2) children's therapeutic services and supports provided in
violation of medical assistance policy in Minnesota Rules, part 9505.0220;
(3) mental health behavioral aide services provided by a
personal care assistant who is not qualified as a mental health behavioral aide
and employed by a certified children's therapeutic services and supports
provider entity;
(4) services that are the responsibility of a residential or
program license holder, including foster care providers under the terms of a
service agreement or administrative rules governing licensure; and
(5) up to 15 hours of children's therapeutic services
and supports provided within a six-month period to a child with severe
emotional disturbance who is residing in a hospital, a group home as defined in
Minnesota Rules, part 9560.0520, subpart 4, a residential treatment facility
licensed under Minnesota Rules, parts 9545.0900 to 9545.1090, a regional
treatment center, or other institutional group setting or who is participating
in a program of partial hospitalization are eligible for medical assistance
payment if part of the discharge plan; and
(6) adjunctive activities that may be offered by a
provider entity but are not otherwise covered by medical assistance, including:
(i) a service that is primarily recreation oriented or that is
provided in a setting that is not medically supervised. This includes sports activities, exercise
groups, activities such as craft hours, leisure time, social hours, meal or
snack time, trips to community activities, and tours;
(ii) a social or educational service that does not have or
cannot reasonably be expected to have a therapeutic outcome related to the
client's emotional disturbance;
(iii) consultation with other providers or service agency staff
about the care or progress of a client;
(iv) prevention or education programs provided to the
community; and
(v) treatment for clients with primary diagnoses of alcohol or
other drug abuse.
Sec. 42. Minnesota
Statutes 2003 Supplement, section 256B.0943, is amended by adding a subdivision
to read:
Subd. 13.
[EXCEPTION TO EXCLUDED SERVICES.] Notwithstanding subdivision 12, up
to 15 hours of children's therapeutic services and supports provided within a
six-month period to a child with severe emotional disturbance who is residing
in a hospital; a group home as defined in Minnesota Rules, part 9560.0520,
subpart 4; a residential treatment facility licensed under Minnesota Rules,
parts 9545.0900 to 9545.1090; a regional treatment center; or other institutional
group setting or who is participating in a program of partial hospitalization
are eligible for medical assistance payment if part of the discharge plan."
Page 34, line 24, strike "19(d)" and after "(11)"
insert "19d"
Page 54, line 30, delete "4" and insert "44"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Amend the memorandum of explanation as follows:
Page 2, after line 2, insert:
"Sec. 8. Explanation. This amendment updates statutory references
in Minnesota Statutes, chapter 13, under Laws 1999, chapter 227, section 22, to
data practice laws codified outside chapter 13."
Page 4, after line 18, insert:
"Sec. 38. Explanation. This amendment clarifies existing language.
Sec. 39. Explanation. This amendment clarifies existing language.
Sec. 40. Explanation. This
amendment clarifies existing language.
Sec. 41. Explanation. This amendment clarifies existing language.
Sec. 42. Explanation. This amendment clarifies existing
language."
Renumber the sections of the memorandum of explanation in
sequence and correct internal references
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 2676, A bill for an act relating to human rights;
changing provisions for charge processing; allowing the department to seek
sanctions; authorizing release of protected data in certain cases; repealing
the 180-day hearing; amending Minnesota Statutes 2003 Supplement, sections
363A.28, subdivision 6; 363A.35, subdivision 3; repealing Minnesota Statutes
2003 Supplement, section 363A.29, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 2677, A bill for an act relating to human rights;
making technical changes to the Human Rights Act; amending Minnesota Statutes
2003 Supplement, sections 363A.02, subdivisions 1, 2; 363A.03, subdivisions 1,
2, 5, 8, 14, 21, 31, 35, 42, by adding subdivisions; 363A.04; 363A.06; 363A.08,
subdivisions 1, 2, 3, 4, 6; 363A.09, subdivision 4; 363A.11, subdivision 4;
363A.12, subdivision 1; 363A.13, subdivision 4; 363A.15; 363A.17; 363A.19;
363A.21, subdivisions 1, 2; 363A.28, subdivisions 1, 6, 7; 363A.29, subdivision
2; 363A.40, subdivision 1; repealing Minnesota Statutes 2003 Supplement,
section 363A.03, subdivisions 3, 29.
Reported the same back with the following amendments:
Pages 1 and 2, delete section 1
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, delete "subdivisions 1," and insert
"subdivision"
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 2678, A bill for an act relating to natural
resources; modifying provisions for the operation of off-highway vehicles;
providing for a certain rulemaking exemption; modifying provisions for
reviewing forest classification status; amending Minnesota Statutes 2002,
sections 84.798, subdivision 1; 84.9256, subdivision 1; 89.19; Minnesota
Statutes 2003 Supplement, sections 84.773; 84.926; Laws 2003, chapter 128,
article 1, section 167, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2003 Supplement, section 84.773, is amended to read:
84.773 [RESTRICTIONS ON OPERATION.]
Subdivision 1.
[RESTRICTIONS.] (a) A person may not intentionally operate an
off-highway vehicle:
(1) on a trail on public land that is designated or signed
for nonmotorized use only;
(2) on restricted areas within public lands that are posted or
where gates or other clearly visible structures are placed to prevent
unauthorized motorized vehicle access; oder
(3) except as specifically authorized by law or rule adopted by
the commissioner, in:
(i) in unfrozen type 3, 4, and 5, and 8
wetlands oder located on public lands or on private lands, except as
provided under paragraph (b);
(ii) on unfrozen public waters, as defined in section
103G.005;
(iii) in a state park;
(iv) in a scientific and natural area; oder
(v) in a wildlife management area; or
(4) in a calcareous fen, as identified by the commissioner.
(b) Paragraph (a), clause (3), item (i), does not apply to a
person who operates an off-highway vehicle on private land if the person owns
or leases the land or has been given permission by the landowner or leaseholder
to operate an off-highway vehicle on the land.
Subd. 2.
[UTILITY EXEMPTIONS.] Subdivision 1 does not apply to an off-highway
vehicle being used for farming; an off-highway vehicle used for military, fire,
emergency, or law enforcement purposes; a construction off-highway vehicle used
in the performance of its common function; an off-highway vehicle used to carry
out silvicultural activities, including timber cruising, and the harvest and
transport of forest products for commercial purposes; an off-highway vehicle
owned by or operated under contract with a utility or pipeline company, whether
publicly or privately owned, when used for maintenance or work on utilities or
pipelines; a commercial off-highway vehicle being used for its intended
purpose; or an off-highway vehicle used to conduct duties of a government
entity.
Sec. 2. Minnesota Statutes 2003 Supplement, section 84.777, is amended to
read:
84.777 [OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.]
(a) Except as otherwise allowed by law or rules adopted by the
commissioner, effective June 1, 2003, notwithstanding sections 84.787 to 84.805
and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
land administered by the commissioner of natural resources, and on
county-administered forest land within the boundaries of a state forest, except
on roads and trails specifically designated and posted by the commissioner for
use by off-highway vehicles.
(b) Paragraph (a) does not apply:
(1) to county-administered land within a state forest if
the county board adopts a resolution that modifies restrictions on the use of
off-highway vehicles on county-administered land within the forest; or
(2) to forest lands classified as managed.
Sec. 3. [84.785]
[OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]
Subdivision 1.
[CREATION.] The commissioner of natural resources shall establish an
off-highway vehicle safety and conservation grant program to award grants to
organizations that meet the eligibility requirements under subdivision 3.
Subd. 2.
[PURPOSE.] The purpose of the off-highway vehicle safety and
conservation grant program is to encourage off-highway vehicle clubs to assist
in safety and environmental education and in improving, maintaining, and
monitoring trails on state forest land and other public lands.
Subd. 3.
[ELIGIBILITY.] To be eligible for a grant under this section, an
organization must:
(1) be a statewide organization that has been in existence
at least five years and that promotes the operation of off-highway vehicles in
a manner that is safe, responsible, and does not harm the environment;
(2) promote the operation of off-highway vehicles in a
manner that does not conflict with the laws and rules that relate to the
operation of off-highway vehicles;
(3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
(4) have a board of directors that has 80 percent of its
members who are representatives of all-terrain vehicle clubs, off-highway
motorcycle clubs, or off-road vehicle clubs; and
(5) provide support to off-highway vehicle clubs.
Subd. 4. [USE OF
GRANTS.] An organization receiving a grant under this section shall use the
grant money to promote and provide support to the Department of Natural
Resources by:
(1) encouraging off-highway vehicle clubs to assist in
improving, maintaining, and monitoring trails on state forest land and other
public lands;
(2) providing assistance to the department in locating,
recruiting, and training instructors;
(3) assisting the commissioner and
the director of tourism in creating an outreach program to inform local
communities of appropriate off-highway vehicle use in their communities and of
the economic benefits and costs that may be attributed to promoting tourism to
attract off-highway vehicles;
(4) publishing a manual in cooperation with the commissioner
that will be used to train volunteers in monitoring the operation of
off-highway vehicles for safety, environmental, and other issues that relate to
the responsible operation of off-highway vehicles; and
(5) collecting data on the operation of off-highway vehicles
in the state.
Sec. 4. Minnesota
Statutes 2003 Supplement, section 84.788, subdivision 3, is amended to read:
Subd. 3. [APPLICATION;
ISSUANCE; REPORTS.] (a) Application for registration or continued registration
must be made to the commissioner or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the
off-highway motorcycle.
(b) A person who purchases from a retail dealer an off-highway motorcycle
shall make application for registration to the dealer at the point of
sale. The dealer shall issue a
temporary ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer
shall submit the completed registration applications and fees to the deputy
registrar at least once each week. No
fee may be charged by a dealer to a purchaser for providing the temporary
permit.
(c) Upon receipt of the application and the appropriate fee,
the commissioner or deputy registrar shall issue to the applicant, or provide
to the dealer, a 60-day temporary receipt and shall assign a registration
number that must be affixed to the motorcycle in a manner prescribed by the
commissioner according to paragraph (f). A dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the ten-day temporary
permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A
deputy registrar of motor vehicles acting under section 168.33, is also a
deputy registrar of off-highway motorcycles.
The commissioner of natural resources in agreement with the commissioner
of public safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and registration
fees. Deputy registrars shall strictly
comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, a filing fee
of $4.50 is charged for each off-highway motorcycle registration renewal,
duplicate or replacement registration card, and replacement decal and a filing
fee of $7 is charged for each off-highway motorcycle registration and
registration transfer issued by:
(1) a deputy registrar and must be deposited in the treasury of
the jurisdiction where the deputy is appointed, or kept if the deputy is not a
public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
(f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued by the
commissioner. If the motorcycle is
licensed as a motor vehicle, a registration decal must be affixed on the upper left
corner of the rear license plate. If
the motorcycle is not licensed as a motor vehicle, the decal must be attached
on the side of the motorcycle and may be attached to the fork tube. The decal must be attached in a manner so
that it is visible while a rider is on the motorcycle. The issued decals must be of a size to work
within the constraints of the electronic licensing system, not to exceed three
inches high and three inches wide.
(g) Display of a registration decal is not required for
an off-highway motorcycle:
(1) while being operated on private property; or
(2) while competing in a closed-course competition event.
Sec. 5. Minnesota
Statutes 2002, section 84.798, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] Unless exempted under subdivision 2, after January 1, 1995, a
person may not operate and an owner may not give permission for another to
operate a vehicle off-road, nor may a person have an off-road vehicle not
registered under chapter 168 in possession at an off-road vehicle staging area,
or on lands administered by the commissioner on designated trail
trails oder area areas, or on off-road vehicle grant-in-aid
trails and areas funded under section 84.803, unless the vehicle has been
registered under this section.
Sec. 6. Minnesota
Statutes 2003 Supplement, section 84.92, subdivision 8, is amended to read:
Subd. 8. [ALL-TERRAIN
VEHICLE.] "All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires,
but not more than six tires, that is limited in engine displacement of less
than 800 900 cubic centimeters and total dry weight less than 900
pounds.
Sec. 7. Minnesota
Statutes 2002, section 84.925, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain
vehicle environmental and safety education and training program, including the
preparation and dissemination of vehicle information and safety advice to the
public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12
years who successfully complete the all-terrain vehicle environmental and
safety education and training course.
(b) For the purpose of administering the program and to defray
a portion of the expenses of training and certifying vehicle operators, the
commissioner shall collect a fee of $15 from each person who receives the
training. Fee proceeds shall be
deposited in the all-terrain vehicle account in the natural resources
fund. In addition to the fee
established by the commissioner, instructors may charge each person up to $5
for class material and expenses.
(c) The commissioner shall cooperate with private organizations
and associations, private and public corporations, and local governmental units
in furtherance of the program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the certification
of vehicle operators. By June 30, 2003,
the commissioner shall incorporate a riding component in the safety education
and training program.
Sec. 8. Minnesota
Statutes 2002, section 84.9256, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public
road rights-of-way that is permitted under section 84.928, a driver's license
issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or
waters.
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years old, are not valid
for machines in excess of 90cc engine capacity unless:
(1) the person successfully completed the safety education and
training program under section 84.925, subdivision 1, including a riding
component; and
(2) the riding component of the training was conducted using
an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.
Sec. 9. Minnesota
Statutes 2002, section 84.9257, is amended to read:
84.9257 [PASSENGERS.]
(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who wears a safety
helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian" means
a legal guardian of a person under age 16, or a person 18 or older who has been
authorized by the parent or legal guardian to supervise the person under age
16.
(c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years of age and
wears a safety helmet approved by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
Sec. 10. Minnesota
Statutes 2003 Supplement, section 84.926, is amended to read:
84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
COMMISSIONER; EXCEPTIONS.]
Subdivision 1.
[EXCEPTION BY PERMIT.] Notwithstanding section 84.777, on a case by case
basis, the commissioner may issue a permit authorizing a person to operate an
off-highway vehicle on individual public trails under the commissioner's
jurisdiction during specified times and for specified purposes.
Subd. 2.
[ALL-TERRAIN VEHICLES; MANAGED OR LIMITED FORESTS; OFF TRAIL.] Notwithstanding
section 84.777, on state forest lands classified as managed or limited, other
than the Richard J. Dorer Memorial Hardwood Forest, a person may use an
all-terrain vehicle off forest trails or forest roads when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game license;
(2) retrieving big game in September when in possession
of a valid big game hunting license;
(3) trapping protected furbearers during an open season,
when in possession of a valid trapping license; or
(4) trapping minnows when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 3.
[ALL-TERRAIN VEHICLES; CLOSED FORESTS; HUNTING.] Notwithstanding
sections 84.773 and 84.777, on a forest-by-forest basis, the commissioner may
determine whether all-terrain vehicles are allowed on forest roads, in state
forests classified as closed, for the purpose of hunting big game during an
open big game season. The determination
shall be by written order as published in the State Register, is exempt from
chapter 14, and section 14.386 does not apply.
Subd. 4.
[OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR MANAGED FORESTS; TRAILS.]
Notwithstanding sections 84.773 and 84.777, on state forest lands classified
as limited or managed, other than the Richard J. Dorer Memorial Hardwood
Forest, a person may use vehicles registered under chapter 168, or under
section 84.798 or 84.922, during an open big game season on forest trails,
unless the trail is posted closed to this exemption, when in possession of a
valid big game license.
Sec. 11. Minnesota
Statutes 2002, section 84.928, subdivision 2, is amended to read:
Subd. 2. [OPERATION
GENERALLY.] A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under
the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the
vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons than one person on the
vehicle than it was designed for, except as allowed under section
84.9257;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an all-terrain
vehicle or within 100 feet of a fishing shelter; or
(9) in a manner that violates operation rules adopted by the
commissioner.
Sec. 12. Minnesota
Statutes 2002, section 84.928, subdivision 6, is amended to read:
Subd. 6. [REGULATIONS
BY POLITICAL SUBDIVISIONS.] (a) Notwithstanding any law to the contrary, a city
or town, acting through its governing body, may by resolution or ordinance
prohibit the operation of all-terrain vehicles on city streets or town roads in
its jurisdiction provided the regulations are otherwise consistent with
sections 84.92 to 84.929.
(b) A county or city, or a town acting by its town board,
may regulate the operation of all-terrain vehicles on public lands, waters, and
property under its jurisdiction other than public road rights-of-way within its
boundaries, by resolution or ordinance of the governing body and by giving
appropriate notice, provided:
(1) the regulations must be consistent with sections 84.92 to
84.929 and rules adopted under section 84.924;
(2) an ordinance may not impose a fee for the use of public
land or water under the jurisdiction of either the Department of Natural
Resources or other agency of the state, or for the use of an access to it owned
by the state or a county or a city; and
(3) an ordinance may not require an all-terrain vehicle
operator to possess a motor vehicle driver's license while operating an
all-terrain vehicle.
(c) Notwithstanding any law to the contrary, a county board by
ordinance may allow the operation of all‑terrain vehicles on the road right-of-way shoulder, or inside bank
or slope of a county highway or county state‑aid highway, if:
(1) the highway is in the agricultural zone; oder
(2) safe operation in the ditch or outside slope is impossible,
and the county posts the appropriate notice; or
(3) the road is designated as a minimum-maintenance road
under section 160.095.
Sec. 13. Minnesota
Statutes 2002, section 89.19, is amended to read:
89.19 [RULES.]
Subdivision 1.
[RULEMAKING AUTHORIZED.] The commissioner may prescribe rules governing
the use of forest lands under the authority of the commissioner and state
forest roads, or any parts thereof, by the public and governing the exercise by
holders of leases or permits on forest lands and state forest roads of all
their rights under the leases or permits.
Subd. 2.
[RULEMAKING EXEMPTION.] The designation of forest trails by the
commissioner shall be by written order that is published in the State
Register. These designations are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not
apply. Before designating forest
trails, the commissioner shall hold a public meeting in the county where the
largest portion of the forest lands are located to provide information to and
receive comment from the public regarding the proposed trail designation. Sixty days before the public meeting, notice
of the proposed forest trail shall be published in the legal newspapers that
serve the counties in which the lands are located, in a statewide Department of
Natural Resources news release, and in the State Register.
Sec. 14. Laws 2003,
chapter 128, article 1, section 167, subdivision 1, is amended to read:
Subdivision 1. [FOREST
CLASSIFICATION STATUS REVIEW.] (a) By December 31, 2006, the commissioner of
natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands
under the authority of the commissioner as defined in Minnesota Statutes,
section 89.001, subdivision 13, and lands managed by the commissioner under
Minnesota Statutes, section 282.011.
The review must be conducted on a forest-by-forest and area-by-area
basis in accordance with the process and criteria under Minnesota Rules, part
6100.1950. After each forest is
reviewed, the commissioner must change its status to limited or closed, and
must provide a similar status for each of the other areas subject to review
under this section after each individual review is completed.
(b) If the commissioner determines on January 1, 2005, that
the review required under this section cannot be completed by December 31,
2006, the completion date for the review shall be extended to December 31,
2008. By January 15, 2005, the
commissioner shall report to the chairs of the legislative committees with
jurisdiction over natural resources policy and finance regarding the status of
the process required by this section.
(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota Statutes,
section 84.777, unless an individual forest or area has been classified as
limited or closed.
Sec. 15. [DETERMINATION
OF TAX ALLOCATION; REPORT TO LEGISLATURE.]
The commissioners of natural resources, revenue, and
transportation shall jointly determine the amount of unrefunded gasoline tax
attributable to all-terrain vehicle use in the state and shall report to the
legislature by March 1, 2005, with an appropriate proposed revision to
Minnesota Statutes, section 296A.18.
Sec. 16.
[APPROPRIATION.]
$....... is appropriated from the natural resources fund to
the commissioner of natural resources for the off-highway vehicle safety and
conservation grant program under section 3.
Of this amount, $....... is from the off-highway motorcycle account,
$....... is from the off-road vehicle account, and $....... is from the
all-terrain vehicle account.
Sec. 17. [REPEALER.]
Minnesota Statutes 2003 Supplement, section 84.901, is
repealed."
Delete the title and insert:
"A bill for an act relating to natural resources;
modifying provisions for the operation of off-highway vehicles; providing an
exemption from rulemaking; providing for an off-highway vehicle grant program;
modifying decal requirements for off-highway motorcycles; modifying all-terrain
vehicle provisions; providing for certain class fees; modifying provisions for
reviewing forest classification status; requiring determination of unrefunded
gas tax attributable to all-terrain vehicle use; requiring a report;
appropriating money; amending Minnesota Statutes 2002, sections 84.798,
subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84.9257; 84.928,
subdivisions 2, 6; 89.19; Minnesota Statutes 2003 Supplement, sections 84.773;
84.777; 84.788, subdivision 3; 84.92, subdivision 8; 84.926; Laws 2003, chapter
128, article 1, section 167, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2003 Supplement, section
84.901."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Governmental Operations and Veterans Affairs
Policy.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 352, 561, 722, 898, 1667, 1741, 1800, 1817, 1908,
1925, 1941, 1946, 2005, 2011, 2069, 2107, 2163, 2275, 2281, 2288, 2340, 2365,
2378, 2444, 2448, 2577, 2676 and 2677 were read for the second time.
SECOND
READING OF SENATE BILLS
S. F. Nos. 1697, 1799 and 2182 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Huntley introduced:
H. F. No. 2803, A bill for an act relating to education
finance; authorizing an aid for certain expenditures for retired employees;
proposing coding for new law in Minnesota Statutes, chapter 126C.
The bill was read for the first time and referred to the
Committee on Education Finance.
Huntley introduced:
H. F. No. 2804, A bill for an act relating to education
finance; creating ongoing funding for school district telecommunications needs;
proposing coding for new law in Minnesota Statutes, chapter 125B.
The bill was read for the first time and referred to the
Committee on Education Finance.
Simpson introduced:
H. F. No. 2805, A bill for an act relating to health; requiring
approval of an exception to the moratorium on certification of nursing home
beds; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Westrom introduced:
H. F. No. 2806, A bill for an act relating to energy;
establishing renewable energy working group to study renewable energy
development in the state; requiring a report.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Knoblach introduced:
H. F. No. 2807, A bill for an act relating to capital
improvements; appropriating money for expansion of the St. Cloud Civic Center;
authorizing the sale of state bonds.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Koenen introduced:
H. F. No. 2808, A bill for an act relating to criminal
procedure; providing for criminal bail bond forfeitures and procedures;
amending Minnesota Statutes 2002, sections 629.53; 629.63; proposing coding for
new law in Minnesota Statutes, chapter 629.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Bernardy; Atkins; Johnson, S.; Greiling; Eken; Jaros and
Koenen introduced:
H. F. No. 2809, A bill for an act relating to education
finance; increasing the appropriation for support of the advanced placement and
international baccalaureate programs; amending Laws 2003, First Special Session
chapter 9, article 2, section 55, subdivision 17.
The bill was read for the first time and referred to the
Committee on Education Finance.
Fuller and Carlson introduced:
H. F. No. 2810, A bill for an act relating to higher education;
modifying the calculation of a state grant award; amending Minnesota Statutes
2002, section 136A.121, subdivision 5.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Eastlund, Soderstrom and Nelson, P., introduced:
H. F. No. 2811, A bill for an act relating to education
finance; authorizing a grant to Independent School District No. 15, St.
Francis, to support an alternative teacher compensation model and a teacher
academy; appropriating money.
The bill was read for the first time and referred to the
Committee on Education Finance.
Kelliher, Pelowski and Mahoney introduced:
H. F. No. 2812, A bill for an act relating to capital
improvement; authorizing bonding for a health care training center and science
facility at Minneapolis Technical and Community College; appropriating money.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Clark introduced:
H. F. No. 2813, A bill for an act relating to pollution
remediation; providing for priority in allocation of agricultural chemical
response and reimbursement account; appropriating money.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Finance.
Nelson, P., introduced:
H. F. No. 2814, A bill for an act relating to human services;
modifying procedures for calculating nursing facility operating payment rates
for a project approved under the moratorium exception process; amending
Minnesota Statutes 2002, section 256B.43, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Beard introduced:
H. F. No. 2815, A bill for an act relating to railroads;
restricting remote-control operation of train over highway intersection;
amending Minnesota Statutes 2002, section 219.383, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Westerberg introduced:
H. F. No. 2816, A bill for an act relating to liquor;
clarifying restrictions on location of retail licenses in proximity to certain
institutions; amending Minnesota Statutes 2002, section 340A.412, subdivision
4.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Newman introduced:
H. F. No. 2817, A bill for an act relating to taxation;
individual income; providing an income tax checkoff to fund benefits for
members of the National Guard and reserves; exempting benefits from taxation;
authorizing administration by the commissioner of veterans' affairs;
appropriating money; amending Minnesota Statutes 2002, sections 196.05,
subdivision 1; 290.067, subdivision 2a; 290A.03, subdivision 3; Minnesota
Statutes 2003 Supplement, sections 290.01, subdivision 19b; 290.091,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the
Committee on Taxes.
Buesgens introduced:
H. F. No. 2818, A bill for an act relating to metropolitan
government; repealing Minnesota Statutes 2002, sections 473.194; 473.195;
473.197; 473.199; 473.201.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Nelson, P.; Anderson, B., and Olson, M.,
introduced:
H. F. No. 2819, A bill for an act relating to local government;
imposing a moratorium on certain annexations until June 1, 2006; amending
Minnesota Statutes 2002, sections 414.031, by adding a subdivision; 414.033, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Seagren introduced:
H. F. No. 2820, A bill for an act relating to education;
providing for enhanced reading requirements for certain teachers; providing for
literacy specialist licensure; providing for rulemaking; amending Minnesota
Statutes 2002, sections 122A.06, subdivision 4; 122A.18, subdivision 2a, by
adding a subdivision; Minnesota Statutes 2003 Supplement, section 122A.09,
subdivision 4.
The bill was read for the first time and referred to the
Committee on Education Policy.
Atkins, Thao, Sieben and Wasiluk introduced:
H. F. No. 2821, A bill for an act relating to taxation;
individual income; allowing a subtraction for automated teller machine fees;
amending Minnesota Statutes 2003 Supplement, section 290.01, subdivision 19b.
The bill was read for the first time and referred to the
Committee on Taxes.
Penas introduced:
H. F. No. 2822, A bill for an act relating to state lands;
limiting acquisition of state-owned land; requiring payment of real estate
taxes on purchased state land; proposing coding for new law in Minnesota
Statutes, chapter 94.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Hausman introduced:
H. F. No. 2823, A bill for an act relating to public utilities;
providing for the recovery of stranded costs incurred by a thermal energy
customer of a facility subject to a qualifying emission reduction project;
amending Minnesota Statutes 2002, section 216B.1692, subdivision 5; Laws 2003,
First Special Session chapter 11, article 3, section 12.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Pugh, Jacobson and Finstad introduced:
H. F. No. 2824, A bill for an act relating to education;
allowing certain international students to participate in varsity and junior
varsity sports and competitions sponsored by the Minnesota State High School
League; amending Minnesota Statutes 2002, section 128C.05, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Education Policy.
Davnie, Biernat and Murphy introduced:
H. F. No. 2825, A bill for an act relating to education;
allowing a school board and school principals to negotiate a plan for
terminating, demoting, and reinstating principals; amending Minnesota Statutes
2002, sections 122A.40, by adding a subdivision; 122A.41, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Education Finance.
Clark; Johnson, S.; Walker and Ellison introduced:
H. F. No. 2826, A bill for an act relating to health;
establishing grants for an AIDS prevention initiative focusing on African-born
Minnesotans; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Mullery introduced:
H. F. No. 2827, A bill for an act relating to retirement;
Minneapolis Teachers Retirement Association; permitting a service credit
purchase for prior school district employment.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Ruth, Atkins and Sviggum introduced:
H. F. No. 2828, A bill for an act relating to taxation;
increasing the weight of the sales factor in the apportionment formula used in
the corporate franchise tax; amending Minnesota Statutes 2002, section 290.191,
subdivisions 2, 3; repealing Minnesota Statutes 2002, section 290.191,
subdivision 4.
The bill was read for the first time and referred to the
Committee on Taxes.
Koenen and Eken introduced:
H. F. No. 2829, A bill for an act relating to agriculture; establishing
a biodiesel production development program; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 41A.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Lanning and Pugh introduced:
H. F. No. 2830, A bill for an act relating to taxation;
providing an income tax credit for expenditures for historic structure
rehabilitation; proposing coding for new law in Minnesota Statutes, chapter
290.
The bill was read for the first time and referred to the
Committee on Taxes.
Thao, Abeler, Bradley, Hornstein, Otremba and Johnson, S.,
introduced:
H. F. No. 2831, A bill for an act relating to human services;
exempting certain refugees and asylees from participating in the diversionary
work program; amending Minnesota Statutes 2003 Supplement, section 256J.95,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Johnson, J.; Otremba; Erickson; Cox; McNamara; Klinzing;
Nelson, P.; Soderstrom and Osterman introduced:
H. F. No. 2832, A bill for an act relating to education;
requiring school and library computers with Internet access available for
student use to be equipped with software filtering or blocking technology;
imposing a financial penalty; amending Minnesota Statutes 2002, sections
125B.15; 134.50.
The bill was read for the first time and referred to the
Committee on Education Policy.
Rukavina and Sertich introduced:
H. F. No. 2833, A bill for an act relating to education;
authorizing school districts with care and treatment facilities to bill
resident school district of students in care and treatment facilities; amending
Minnesota Statutes 2002, section 125A.515, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education Finance.
Hausman, Hoppe and Wasiluk introduced:
H. F. No. 2834, A bill for an act relating to natural
resources; modifying restrictions on off-highway vehicle trail designation;
modifying restitution requirements; appropriating money; amending Minnesota
Statutes 2003 Supplement, section 84.780; proposing coding for new law in
Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Wagenius, Tingelstad and Ozment introduced:
H. F. No. 2835, A bill for an act relating to property
taxation; providing a valuation exclusion for new or refurbished individual
sewage treatment systems; amending Minnesota Statutes 2002, section 273.11, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Pugh, Abrams, Lenczewski and Paulsen introduced:
H. F. No. 2836, A bill for an act relating to sales and use tax;
exempting materials used in the creation of movies and television shows;
amending Minnesota Statutes 2002, section 297A.68, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Buesgens and Mariani introduced:
H. F. No. 2837, A bill for an act relating to metropolitan
government; requiring the state demographer to provide certain demographic data
to the Metropolitan Council; amending Minnesota Statutes 2002, sections 47.52;
145A.02, subdivision 16; 275.62, subdivision 3; 469.174, subdivision 26;
477A.011, subdivision 3; Minnesota Statutes 2003 Supplement, sections 4A.02;
134.201, subdivision 5; 275.14; 373.40, subdivision 1; 473.146, subdivision 1;
477A.0124, subdivision 2; repealing Minnesota Statutes 2002, section 473.241.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Clark, Walker, Pugh, Rukavina and Atkins introduced:
H. F. No. 2838, A bill for an act relating to tax shelters;
limiting the property tax exemption for property used in certain tax shelter
transactions; prohibiting political subdivisions from engaging in tax shelter
transactions; amending Minnesota Statutes 2002, section 272.01, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 465.
The bill was read for the first time and referred to the
Committee on Taxes.
Clark, Walker, Abrams, Pugh and Rukavina introduced:
H. F. No. 2839, A bill for an act relating to taxation;
property; providing that certain personal property at a biomass electric
generation facility is exempt from property taxation; amending Minnesota
Statutes 2002, section 272.02, by adding a subdivision.
The bill was read for the first time and referred to the Committee
on Taxes.
Nelson, C.; Bradley and Gunther introduced:
H. F. No. 2840, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the Rochester Bioscience Core Area.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Stang, Heidgerken, Otremba, Urdahl and Knoblach introduced:
H. F. No. 2841, A bill for an act relating to taxation;
authorizing an increased levy by the Sauk River Watershed District.
The bill was read for the first time and referred to the
Committee on Taxes.
Harder, Swenson, Urdahl, Otremba, Otto, Juhnke, Finstad,
Blaine, Lindgren, Cornish, Marquart, Dorman, Magnus, Simpson, Demmer, Davids
and Gunther introduced:
H. F. No. 2842, A bill for an act relating to capital
investment; appropriating money for the Joint Plant Pathology Center at the
University of Minnesota; authorizing the issuance of general obligation bonds.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Finance.
Otto introduced:
H. F. No. 2843, A bill for an act relating to pharmacy;
modifying wholesale drug distributor requirements; amending Minnesota Statutes
2002, section 151.47, subdivision 1, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Kahn, Smith, Murphy, Thissen and Mullery introduced:
H. F. No. 2844, A bill for an act relating to retirement;
establishing December 31, 2020, as the date for full funding of the Minneapolis
Police Relief Association; providing an additional health insurance unit to all
current and future retired, active, and surviving spouse members of the
Minneapolis Police Relief Association; establishing a guaranteed pension
provision; amending Minnesota Statutes 2002, sections 356.216; 423B.01,
subdivision 12; 423B.09, subdivision 1, by adding a subdivision; 423B.10,
subdivision 1; 423B.15, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 423B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Paymar, Hausman, Hornstein, Davnie and Hilty introduced:
H. F. No. 2845, A bill for an act relating to human services;
restoring reductions to child care assistance; appropriating money; amending
Minnesota Statutes 2002, section 119B.13, by adding a subdivision; Minnesota
Statutes 2003 Supplement, sections 119B.09, subdivision 1; 119B.12, subdivision
2; 119B.13, subdivision 1a; repealing Laws 2003, First Special Session chapter
14, article 9, sections 36, 37.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Finstad, Seifert, Heidgerken and Demmer introduced:
H. F. No. 2846, A bill for an act relating to capital
improvements; appropriating money for a waste-to-energy and material recycling
facility in Lamberton; authorizing state bonds.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Finstad and Gunther introduced:
H. F. No. 2847, A bill for an act relating to education;
authorizing fund transfers for Independent School District No. 836,
Butterfield.
The bill was read for the first time and referred to the
Committee on Education Finance.
Mariani and Lesch introduced:
H. F. No. 2848, A bill for an act relating to labor relations;
establishing certain rights for workers in the meatpacking industry; proposing
coding for new law in Minnesota Statutes, chapter 179.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Harder introduced:
H. F. No. 2849, A bill for an act relating to human services;
changing a nursing facility payment rate; amending Minnesota 2002, section
256B.431, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Newman introduced:
H. F. No. 2850, A bill for an act relating to crime prevention;
public safety; repealing certain restrictions relating to part-time peace
officers; amending Minnesota Statutes 2002, section 626.8465, subdivision 2;
repealing Minnesota Statutes 2002, section 626.8465, subdivision 3; Minnesota
Statutes 2003 Supplement, section 626.8468, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Mariani introduced:
H. F. No. 2851, A bill for an act relating to human services;
creating an exception to the intermediate care facility for persons with mental
retardation and related conditions payment system; amending Minnesota Statutes
2002, section 256B.5012, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Knoblach introduced:
H. F. No. 2852, A bill for an act relating to higher education;
authorizing Board of Trustees of Minnesota State Colleges and Universities to
sell surplus land; amending Minnesota Statutes 2002, section 136F.60, by adding
a subdivision.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Seagren introduced:
H. F. No. 2853, A bill for an act relating to education
finance; granting flexibility in the uses of revenue for the advanced placement
and international baccalaureate programs; amending Laws 2003, First Special
Session chapter 9, article 2, section 55, subdivision 17.
The bill was read for the first time and referred to the
Committee on Education Finance.
Rhodes and Ozment introduced:
H. F. No. 2854, A bill for an act relating to state government;
transferring certain duties of the Minnesota Zoological Board to the Minnesota
Zoo Foundation; amending Minnesota Statutes 2002, section 85A.02, subdivision
5a; Minnesota Statutes 2003 Supplement, sections 43A.24, subdivision 2;
352D.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 85A.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Howes, Ozment, Hackbarth, Kahn, Hoppe,
Cox, McNamara and Wagenius introduced:
H. F. No. 2855, A bill for an act relating to water; extending
expiration of shoreland protection program; amending Minnesota Statutes 2002,
section 103F.225, subdivision 5.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Lipman introduced:
H. F. No. 2856, A bill for an act relating to crimes;
clarifying the terms force and coercion for purposes of the criminal sexual
conduct crime law; amending the harassment restraining order law so victims of
sexual assault do not have to pay a fee; prohibiting harassment through
technological means; amending Minnesota Statutes 2002, sections 609.341,
subdivisions 3, 14; 609.748, subdivisions 2, 3a; 609.749, subdivisions 1, 2.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Abeler; Olsen, S.; Bernardy and Hilstrom introduced:
H. F. No. 2857, A bill for an act relating to education
finance; authorizing a pilot program to allow school districts to spend
compensatory revenue at school sites with low test scores; amending Minnesota
Statutes 2002, section 126C.15, subdivisions 2, 3.
The bill was read for the first time and referred to the
Committee on Education Finance.
Peterson and Koenen introduced:
H. F. No. 2858, A bill for an act relating to game and fish;
requiring a license to sell live bait; amending Minnesota Statutes 2002,
section 97A.475, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 97C.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Erhardt, Seagren, Lenczewski, Wilkin, Klinzing, Zellers,
Adolphson, Wardlow, Gerlach, Powell and Johnson, J., introduced:
H. F. No. 2859, A bill for an act relating to property
taxation; requiring the commissioner of revenue to conduct a study of the
metropolitan fiscal disparities program.
The bill was read for the first time and referred to the
Committee on Taxes.
Seagren introduced:
H. F. No. 2860, A bill for an act relating to education;
amending prekindergarten through grade 12 education and early childhood and
family education budget provisions; appropriating money; amending Minnesota
Statutes 2002, sections 119A.46, subdivisions 2, 3, 8; 123A.05, subdivision 2;
124D.68, subdivision 9; 124D.69, subdivision 1; 125A.79, subdivisions 5, 7, by
adding subdivisions; Minnesota Statutes 2003 Supplement, sections 119A.46, subdivision
1; 124D.095, subdivision 8; 124D.11, subdivisions 1, 2; 125A.79, subdivision 1;
127A.47, subdivisions 7, 8; Laws 2003, First Special Session chapter 9, article
2, section 55, subdivision 16; Laws 2003, First Special Session chapter 9,
article 6, section 4; proposing coding for new law in Minnesota Statutes,
chapter 122A.
The bill was read for the first time and referred to the
Committee on Education Finance.
Wardlow, Heidgerken, Carlson, Davnie and Urdahl introduced:
H. F. No. 2861, A bill for an act relating to public employment
labor relations; including certain teachers in the definition of public
employee; modifying the definition of teacher; amending Minnesota Statutes
2002, section 179A.03, subdivision 14; Minnesota Statutes 2003 Supplement,
section 179A.03, subdivision 18.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Hackbarth introduced:
H. F. No. 2862, A bill for an act relating to liquor; providing
for uniform off-sale hours statewide; regulating Sunday on-sales; amending
Minnesota Statutes 2002, section 340A.504, subdivision 4; Minnesota Statutes
2003 Supplement, section 340A.504, subdivisions 1, 3.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Buesgens introduced:
H. F. No. 2863, A bill for an act relating to education;
providing for an election to determine whether to detach land from an existing
school district for a new independent school district; proposing coding for new
law in Minnesota Statutes, chapter 123A.
The bill was read for the first time and referred to the
Committee on Education Policy.
Hornstein, Abrams and Kahn introduced:
H. F. No. 2864, A bill for an act relating to food law;
clarifying the basis on which food can be labeled as kosher; amending Minnesota
Statutes 2002, sections 31.651, subdivision 1; 31.661.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Wilkin introduced:
H. F. No. 2865, A bill for an act relating to human services;
exempting individuals whose only income is a personal needs allowance from
state health care program co-payments; amending Minnesota Statutes 2003
Supplement, sections 256B.0631, subdivision 2; 256D.03, subdivision 4;
256L.035.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Huntley and Thao introduced:
H. F. No. 2866, A bill for an act relating to health;
increasing the required nursing hours in nursing homes under specified
circumstances.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Knoblach and Solberg introduced:
H. F. No. 2867, A bill for an act relating to state government;
appropriating money for prekindergarten through grade 12 education, including
general education, education excellence, special programs, and facilities and
technology; early childhood and family education, including prevention and
self-sufficiency and lifelong learning; and health and human services; amending
Minnesota Statutes 2003 Supplement, section 123B.54; Laws 2003, First Special
Session chapter 9, article 1, section 53, subdivisions 2, 3, 5, 6, 11, 12; Laws
2003, First Special Session chapter 9, article 2, section 55, subdivisions 2,
3, 4, 5, 7, 9, 12; Laws 2003, First Special Session chapter 9, article 3,
section 20, subdivisions 4, 5, 6, 7, 8, 9; Laws 2003, First Special Session
chapter 9, article 4, section 31, subdivisions 2, 3; Laws 2003, First Special
Session chapter 9, article 5, section 35, subdivisions 2, 3; Laws 2003, First
Special Session chapter 9, article 7, section 11, subdivision 3; Laws 2003,
First Special Session chapter 9, article 8, section 7, subdivisions 2, 5; Laws
2003, First Special Session chapter 9, article 9, section 9, subdivision 2;
Laws 2003, First Special Session chapter 14, article 13C, sections 1; 2,
subdivisions 1, 3, 6, 7, 9, 11; 10, subdivisions 1, 2.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Peterson and Koenen introduced:
H. F. No. 2868, A bill for an act relating to regional
development commissions; requiring a regional development commission to
contract with local units of government and another commission in order to
conduct services in another region; amending Minnesota Statutes 2002, section
462.391, subdivisions 10, 11.
The bill was read for the first time and referred to the Committee
on Local Government and Metropolitan Affairs.
Blaine and Pelowski introduced:
H. F. No. 2869, A bill for an act relating to education;
regulating the availability and sale of certain beverages in public schools;
amending Minnesota Statutes 2002, section 123B.02, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Huntley introduced:
H. F. No. 2870, A bill for an act relating to health care;
modifying medical assistance, general assistance medical care, and
MinnesotaCare programs; providing for determination of health care provider tax
rates; increasing the tax on tobacco products; appropriating money; amending
Minnesota Statutes 2002, sections 256B.055, by adding a subdivision; 256B.057,
by adding a subdivision; 295.52, subdivisions 1, 1a, 2, 3, by adding a
subdivision; 297F.05, subdivisions 3, 4; 297F.10, subdivision 2; Minnesota
Statutes 2003 Supplement, sections 256B.057, subdivisions 1, 2;
256B.0625, subdivisions 9, 13e; 256B.76; 256D.03, subdivision 4; 256L.03,
subdivision 1; 256L.07, subdivisions 1, 3; 297F.05, subdivision 1; 297F.10,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 145;
repealing Minnesota Statutes 2003 Supplement, section 256L.035.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Murphy introduced:
H. F. No. 2871, A bill for an act relating to state employment;
creating a postretirement employment option; authorizing a voluntary hours
reduction plan.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Murphy introduced:
H. F. No. 2872, A bill for an act relating to public
employment; modifying health care savings plan provisions; amending Minnesota
Statutes 2002, section 352.98.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Powell introduced:
H. F. No. 2873, A bill for an act relating to human services;
adding coverage for diabetic supplies and equipment to the MinnesotaCare
limited benefit set; amending Minnesota Statutes 2003 Supplement, section
256L.035.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Ozment, Simpson, Seagren and Dill introduced:
H. F. No. 2874, A bill for an act relating to state employment;
modifying state hiring process provisions; adding, modifying, and eliminating
definitions; making technical changes; amending Minnesota Statutes 2002,
sections 43A.02, subdivisions 4, 6, 11, 26, 32, 34, by adding subdivisions;
43A.04, subdivisions 3, 4; 43A.05, subdivision 1; 43A.10; 43A.11, subdivisions
5, 6, 7, 8, 9; 43A.15, subdivisions 1, 2, 4, 7, 10, 15; 43A.16, subdivision 1;
43A.191, subdivision 3; 43A.36, subdivision 1; 43A.39, subdivision 1; 197.455;
Minnesota Statutes 2003 Supplement, section 43A.15, subdivision 14; proposing
coding for new law in Minnesota Statutes, chapter 43A; repealing Minnesota
Statutes 2002, sections 43A.02, subdivisions 7, 8, 15, 16, 19, 20, 37; 43A.11,
subdivisions 3, 4; 43A.12; 43A.13, subdivisions 1, 2, 3, 4, 5, 6, 8; 43A.15,
subdivisions 8, 9, 11; Minnesota Statutes 2003 Supplement, section 43A.13,
subdivision 7; Minnesota Rules, parts 3900.3300; 3900.6100; 3900.6300;
3900.6400; 3900.6500; 3900.6600; 3900.7100; 3900.7200; 3900.7300; 3900.7400;
3900.8500; 3900.8600; 3900.8800.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Zellers, Rhodes, Hilstrom, Ellison and Adolphson
introduced:
H. F. No. 2875, A bill for an act relating to traffic
regulations; providing that certain misdemeanor traffic offenses do not
constitute grounds for revocation or suspension of a person's driver's license;
amending Minnesota Statutes 2002, sections 169.13, subdivision 2; 169.791,
subdivisions 2, 6; 169.792, subdivision 7; 169.89, subdivision 1; 169A.35,
subdivisions 2, 3, 4; 171.08; 171.24, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Meslow introduced:
H. F. No. 2876, A bill for an act relating to crimes;
regulating sex offenders; making technical and clarifying changes; appropriating
money; amending Minnesota Statutes 2002, sections 243.166, subdivisions 1, 4,
6, 7a, by adding subdivisions; 243.167; 243.55, subdivision 1; 244.05,
subdivision 7; 244.052, subdivision 4; 253B.02, by adding subdivisions;
253B.03, by adding a subdivision; 253B.18, subdivision 9; 253B.185, by adding a
subdivision; Minnesota Statutes 2003 Supplement, sections 243.166, subdivisions
3, 4a; 246.15, by adding a subdivision; 609.2231, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 253B.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Lanning, Eken, Ozment and Peterson introduced:
H. F. No. 2877, A bill for an act relating to local government;
increasing compensation of watershed district managers; amending Minnesota
Statutes 2002, section 103D.315, subdivision 8.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Hausman, Rhodes and Kahn introduced:
H. F. No. 2878, A bill for an act relating to state
observances; designating Dr. Norman E. Borlaug World Food Prize Day; proposing
coding for new law in Minnesota Statutes, chapter 10.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
CONSENT CALENDAR
S. F. No. 1815 was reported to the House.
Upon objection of ten members, S. F. No. 1815 was stricken from
the Consent Calendar and placed on the General Register.
MOTIONS AND RESOLUTIONS
Beard moved that the name of Samuelson be added as an author on
H. F. No. 282. The
motion prevailed.
Knoblach moved that the name of Nelson, C., be added as an
author on H. F. No. 480.
The motion prevailed.
Greiling moved that her name be stricken as an author on
H. F. No. 989. The
motion prevailed.
Marquart moved that the name of Tingelstad be added as an
author on H. F. No. 1678.
The motion prevailed.
Lanning moved that the name of Latz be added as an author on
H. F. No. 1717. The motion
prevailed.
Lipman moved that the name of McNamara be added as an author on
H. F. No. 1737. The
motion prevailed.
Erickson moved that the name of Dorman be added as an author on
H. F. No. 1858. The
motion prevailed.
Abeler moved that the name of Wardlow be added as an author on
H. F. No. 1923. The
motion prevailed.
Kahn moved that the name of Murphy be added as an author on
H. F. No. 1950. The
motion prevailed.
Brod moved that the name of Hoppe be added as an author on
H. F. No. 1977. The
motion prevailed.
Fuller moved that the name of Magnus be added as an author on
H. F. No. 1989. The
motion prevailed.
Paulsen moved that the name of Nelson, P., be added as an
author on H. F. No. 2048.
The motion prevailed.
Bernardy moved that the names of Otremba, Juhnke and Sieben be
added as authors on H. F. No. 2169. The motion prevailed.
Urdahl moved that the names of Wardlow, Heidgerken and Paymar
be added as authors on H. F. No. 2209. The motion prevailed.
Goodwin moved that the name of Wasiluk be added as an author on
H. F. No. 2283. The
motion prevailed.
Seifert moved that the name of Magnus be added as an author on
H. F. No. 2297. The
motion prevailed.
Thissen moved that the name of Larson be added as an author on
H. F. No. 2348. The
motion prevailed.
Eken moved that the name of Hilstrom be added as an author on
H. F. No. 2486. The
motion prevailed.
Abrams moved that the name of Atkins be added as an author on
H. F. No. 2501. The
motion prevailed.
Hilstrom moved that the name of Abeler be added as an author on
H. F. No. 2574. The
motion prevailed.
Johnson, J., moved that the name of Abeler be added as an
author on H. F. No. 2602.
The motion prevailed.
Tingelstad moved that the name of Cox be added as an author on H. F. No. 2631. The motion prevailed.
Davids moved that the name of Harder be added as an author on
H. F. No. 2640. The
motion prevailed.
Paymar moved that the name of Abeler be added as an author
on H. F. No. 2647. The
motion prevailed.
Tingelstad moved that the name of Abeler be added as an author
on H. F. No. 2652. The
motion prevailed.
Dempsey moved that the name of Lipman be added as an author on
H. F. No. 2689. The
motion prevailed.
Ozment moved that the name of Cox be added as an author on
H. F. No. 2704. The
motion prevailed.
Cox moved that the name of Paymar be added as an author on
H. F. No. 2722. The
motion prevailed.
Sieben moved that the name of Erhardt be added as an author on
H. F. No. 2731. The
motion prevailed.
Cox moved that the name of Osterman be added as an author on
H. F. No. 2734. The
motion prevailed.
Demmer moved that the name of Erickson be added as an author on
H. F. No. 2746. The
motion prevailed.
Lesch moved that the name of Kahn be added as an author on
H. F. No. 2752. The
motion prevailed.
Tingelstad moved that the name of Cox be added as an author on
H. F. No. 2753. The
motion prevailed.
Greiling moved that the name of Paymar be added as an author on
H. F. No. 2757. The
motion prevailed.
Clark moved that the names of Paymar and Kahn be added as
authors on H. F. No. 2771.
The motion prevailed.
Demmer moved that the name of Erickson be added as an author on
H. F. No. 2786. The
motion prevailed.
Rhodes moved that the name of Cox be added as an author on
H. F. No. 2792. The
motion prevailed.
Carlson moved that the name of Kahn be added as an author on
H. F. No. 2795. The
motion prevailed.
Holberg moved that the names of Finstad and Harder be added as
authors on H. F. No. 2798.
The motion prevailed.
Seifert moved that H. F. No. 1806 be recalled
from the Committee on State Government Finance and be re-referred to the
Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.
Zellers moved that H. F. No. 2308 be recalled
from the Committee on Judiciary Policy and Finance and be re-referred to the
Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.
Osterman moved that H. F. No. 2554 be recalled
from the Committee on Health and Human Services Policy and be re-referred to
the Committee on Commerce, Jobs and Economic Development. The motion prevailed.
Westrom moved that H. F. No. 2623 be recalled
from the Committee on Transportation Policy and be re-referred to the Committee
on Transportation Finance. The motion
prevailed.
Ozment moved that H. F. No. 2704 be recalled
from the Committee on Judiciary Policy and Finance and be re-referred to the
Committee on Commerce, Jobs and Economic Development. The motion prevailed.
Wilkin moved that H. F. No. 2762 be recalled
from the Committee on Health and Human Services Finance and be re-referred to
the Committee on Commerce, Jobs and Economic Development. The motion prevailed.
Gunther moved that H. F. No. 2799 be recalled from
the Committee on Jobs and Economic Development Finance and be re-referred to
the Committee on Commerce, Jobs and Economic Development. The motion prevailed.
Powell moved that H. F. No. 2873 be recalled
from the Committee on Health and Human Services Policy and be re-referred to
the Committee on Health and Human Services Finance. The motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, March 10, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Wednesday, March 10, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives