STATE OF MINNESOTA
EIGHTY-FOURTH SESSION 3/4 2005
_____________________
FORTY-NINTH DAY
Saint Paul, Minnesota, Friday, April 29, 2005
The House of Representatives convened at 9:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Representative Mary Murphy, District 6B,
Hermantown, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Holberg was excused until 10:25 a.m. Dorman and Krinkie were excused until 10:50 a.m. Erhardt was excused until 11:00 a.m. Erickson was excused until 11:05 a.m. Hilty was excused until 11:25 a.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Finstad 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. 808 and H. F. No. 912,
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. 808 be substituted for H. F. No. 912
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 969 and H. F. No. 560,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hamilton moved that the rules be so far suspended that
S. F. No. 969 be substituted for H. F. No. 560
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1056 and
H. F. No. 1134, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Severson moved that S. F. No. 1056 be
substituted for H. F. No. 1134 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 1146 and
H. F. No. 1389, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Gunther moved that the rules be so far suspended that
S. F. No. 1146 be substituted for H. F. No. 1389
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1296 and
H. F. No. 1293, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Howes moved that S. F. No. 1296 be substituted
for H. F. No. 1293 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1355 and
H. F. No. 1521, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hamilton moved that the rules be so far suspended that
S. F. No. 1355 be substituted for H. F. No. 1521
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1861 and
H. F. No. 1988, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Mahoney moved that S. F. No. 1861 be substituted
for H. F. No. 1988 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1869 and
H. F. No. 1994, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Moe moved that S. F. No. 1869 be substituted for
H. F. No. 1994 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Krinkie from the Committee on Taxes to which was referred:
H. F. No. 872, A bill for an act relating to education;
providing for early childhood, adult, family, and kindergarten through grade 12
education including general education, excellence in education, special programs,
facilities and technology, nutrition and accounting, libraries, early
education, prevention, self-sufficiency and lifelong learning, state agencies,
forecast deficiencies, and technical and conforming amendments; authorizing
rulemaking; providing for reports; appropriating money; amending Minnesota
Statutes 2004, sections 13.32, subdivisions 1, 8; 119A.46, subdivisions 1, 2,
3, 8; 120A.05, by adding a subdivision; 120A.22, subdivision 12; 120B.02;
120B.021, by adding a subdivision; 120B.11, subdivisions 1, 2, 3, 4, 5, 8;
120B.13, subdivisions 1, 3, by adding a subdivision; 120B.23; 120B.30,
subdivisions 1, 1a; 120B.31, subdivision 4; 121A.03, subdivision 1; 121A.06,
subdivisions 2, 3; 121A.17, subdivisions 1, 3, 5; 121A.19; 121A.41, subdivision
10; 121A.47, subdivision 14; 121A.53; 121A.55; 122A.06, subdivision 4; 122A.09,
subdivisions 4, 10; 122A.12, subdivision 2; 122A.18, subdivision 2a; 122A.40,
subdivision 5; 122A.41, subdivisions 2, 14; 122A.414; 122A.415, subdivisions 1,
3; 123A.05, subdivision 2; 123A.06, subdivision 1; 123A.24, subdivision 2;
123B.02, by adding a subdivision; 123B.09, subdivision 8; 123B.143, subdivision
1; 123B.36, subdivision 1; 123B.42, subdivision 3; 123B.49, subdivision 4;
123B.53, subdivision 1; 123B.54; 123B.59, subdivisions 3, 3a; 123B.63,
subdivision 2; 123B.71, subdivisions 8, 12; 123B.749; 123B.75, subdivision 5,
by adding a subdivision; 123B.76, subdivision 3; 123B.79, subdivision 6;
123B.81, subdivision 1; 123B.82; 123B.83, subdivision 2; 123B.92, subdivisions 1,
5, 9; 124D.095, subdivision 8; 124D.10, subdivisions 3, 4, 6, 8, 15, 23;
124D.11, subdivisions 1, 2, 5, 6; 124D.111, subdivisions 1, 2; 124D.118,
subdivision 4; 124D.135, subdivisions 1, 5; 124D.15, subdivisions 1, 3, 5, 10,
12, by adding subdivisions; 124D.16, subdivisions 2, 3; 124D.20, subdivision 3;
124D.40; 124D.531, subdivisions 1, 4; 124D.66, subdivision 3; 124D.68,
subdivision 9; 124D.69, subdivision 1; 124D.74, subdivision 1; 124D.81,
subdivision 1; 124D.84, subdivision 1; 125A.091, subdivision 5; 125A.11,
subdivision 1; 125A.24; 125A.28; 125A.51; 125A.76, subdivisions 1, 4, by adding
subdivisions; 125A.79, subdivisions 1, 5, 6, 7, by adding subdivisions;
126C.01, subdivision 11; 126C.05, by adding a subdivision; 126C.10,
subdivisions 1, 2, 3, 6, 7, 8, 13, 13a, 17, 18, 24, 31, by adding subdivisions;
126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3, by adding a subdivision;
126C.17, subdivisions 2, 5, 7, 9, 13; 126C.21, subdivision 4; 126C.40,
subdivision 1; 126C.43, subdivisions 2, 3; 126C.44; 126C.457; 126C.48,
subdivisions 2, 8, by adding a subdivision; 126C.63, subdivisions 5, 8;
127A.41, subdivision 8; 127A.42, subdivision 2; 127A.45, subdivisions 2, 10,
11, 12, 13, 14, 16; 127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 3;
127A.50, subdivision 5; 128C.12, subdivision 1; 134.31, by adding a
subdivision; 171.04, subdivision 1; 171.05, subdivisions 2, 2b, 3; 179A.03,
subdivision 14; 260C.007, subdivision 6, by adding a subdivision; 260C.201,
subdivision 1; 275.14; 275.16; 469.177, subdivision 9; Laws 1996, chapter 412,
article 5, section 24; Laws 2003, First Special Session chapter 9, article 1,
section 53, subdivisions 2, as amended, 3, as amended, 11, as amended, 12, as
amended; Laws 2003, First Special Session chapter 9, article 2, section 55,
subdivisions 2, as amended, 5, as amended, 9, as amended, 12, as amended; Laws
2003, First Special Session chapter 9, article 3, section 20, subdivsions 2, 4,
as amended, 5, as amended, 6, as amended, 8, as amended, 9, as amended;
Laws 2003, First Special Session chapter 9, article 4, section 31, subdivisions
2, as amended, 3, as amended, 4; Laws 2003, First Special Session chapter 9,
article 5, section 35, subdivision 3, as amended; Laws 2003, First Special
Session chapter 9, article 6, section 4, as amended; Laws 2003, First Special
Session chapter 9, article 7, section 11, subdivisions 2, 4; Laws 2003, First
Special Session chapter 9, article 8, section 7, subdivisions 2, as amended, 3,
5, as amended; Laws 2003, First Special Session chapter 9, article 9, section
9, subdivision 2, as amended; proposing coding for new law in Minnesota
Statutes, chapters 120A; 120B; 121A; 122A; 123A; 123B; 124D; 125B; 129C; 171;
179A; repealing Minnesota Statutes 2004, sections 122A.24; 122A.415,
subdivision 2; 123B.05; 123B.83, subdivision 1; 124D.095; 124D.15, subdivisions
2, 4, 6, 7, 8, 9, 11, 13; 124D.16, subdivisions 1, 4; 126C.12; 126C.42,
subdivisions 1, 4.
Reported the same back with the following amendments:
Page 98, after line 11, insert:
"(c) Prior to entering into an agreement, each
individual school district must submit the proposed agreement to the exclusive
representatives of the employees affected by the agreement in their school
district. The exclusive representative
must consent in writing to the proposed agreement before it is submitted to the
commissioner for review to ensure the rights of the bargaining unit
members. Two or more employee
organizations that represent the employees in a unit may petition jointly under
this subdivision provided that any organization may withdraw from joint
certification in favor of the remaining organizations on 30 days' notice to the
remaining organizations, the employer, and the commissioner without affecting
the rights and obligations of the remaining organizations. The terms and conditions of collective
bargaining agreements covering school employee bargaining units remain in
effect until a successor agreement becomes effective.
(d) If a proposed agreement results in contracting out of
public services previously provided by district employees, school district
employees shall have the right of first refusal for equivalent positions and
shall maintain equivalent wages, benefits, and hours of employment."
Page 98, line 13, after "agreement" insert
"with exclusive representative written consent"
Page 100, after line 6, insert:
"Sec. 46.
Minnesota Statutes 2004, section 123A.21, is amended by adding a
subdivision to read:
Subd. 7a.
[HEALTH COVERAGE; CERTAIN ACTIONS AGAINST MEMBERS PROHIBITED.] Within
90 days of a renewal date, a service cooperative or health insurance company
that offers health coverage to its members shall not terminate a member's
coverage, impose a fine, or penalize in any other way a member that seeks
information on, or a bid for, alternative health coverage, including a request
that the service cooperative or health insurance company provide the member
with the member's claims experience data for the purpose of seeking a bid for
alternative coverage."
Page 175, after line 24, insert:
"Sec. 8. Minnesota
Statutes 2004, section 123B.71, subdivision 9, is amended to read:
Subd. 9. [INFORMATION
REQUIRED.] A school board proposing to construct a facility described in
subdivision 8 shall submit to the commissioner a proposal containing
information including at least the following:
(1) the geographic area and population to be served, preschool
through grade 12 student enrollments for the past five years, and student
enrollment projections for the next five years;
(2) a list of existing facilities by year constructed, their
uses, and an assessment of the extent to which alternate facilities are
available within the school district boundaries and in adjacent school
districts;
(3) a list of the specific
deficiencies of the facility that demonstrate the need for a new or renovated
facility to be provided, and a list of the specific benefits that the new or
renovated facility will provide to the students, teachers, and community users
served by the facility;
(4) the relationship of the project to any priorities
established by the school district, educational cooperatives that provide
support services, or other public bodies in the service area;
(5) a specification of how the project will increase community
use of the facility and whether and how the project will increase collaboration
with other governmental or nonprofit entities;
(6) a description of the project, including the specification
of site and outdoor space acreage and square footage allocations for classrooms,
laboratories, and support spaces; estimated expenditures for the major portions
of the project; and the dates the project will begin and be completed;
(7) a specification of the source of financing the project; the
scheduled date for a bond issue or school board action; a schedule of payments,
including debt service equalization aid; and the effect of a bond issue on
local property taxes by the property class and valuation;
(8) an analysis of how the proposed new or remodeled facility
will affect school district operational or administrative staffing costs, and
how the district's operating budget will cover any increased operational or
administrative staffing costs;
(9) a description of the consultation with local or state road
and transportation officials on school site access and safety issues, and the
ways that the project will address those issues;
(10) a description of how indoor air quality issues have been
considered and a certification that the architects and engineers designing the
facility will have professional liability insurance;
(11) as required under section 123B.72, for buildings coming
into service after July 1, 2002, a certification that the plans and designs for
the extensively renovated or new facility's heating, ventilation, and air
conditioning systems will meet or exceed code standards; will provide for the
monitoring of outdoor airflow and total airflow of ventilation systems; and
will provide an indoor air quality filtration system that meets ASHRAE standard
52.1;
(12) a specification of any desegregation requirements that
cannot be met by any other reasonable means; and
(13) a specification, if applicable, of how the facility will
utilize environmentally sustainable school facility design concepts; and
(14) a description of how the architects and engineers have
considered the American National Standards Institute Acoustical Performance
Criteria, Design Requirements and Guidelines for Schools of the maximum
background noise level and reverberation times.
[EFFECTIVE DATE.] This
section is effective July 1, 2006."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 25, after "1;" insert "123A.21, by
adding a subdivision;"
Page 1, line 31, after "8," insert "9,"
Page 2, line 28, delete "subdivsions" and
insert "subdivisions"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2187, A bill for an act relating to public and
municipal corporations; creating a county subsidiary corporation to provide
health care and related services, education, and research; providing for
governance of Hennepin County Medical Center; amending Minnesota Statutes 2004,
sections 179A.03, subdivisions 7, 14, 15; 179A.06, subdivision 2; 353.01,
subdivisions 2b, 2d, 6; 353.64, subdivision 10; 353E.02, subdivision 2a;
383B.117, subdivision 2; 383B.217, subdivision 7; 383B.46; proposing coding for
new law in Minnesota Statutes, chapters 179A; 383B; repealing Minnesota
Statutes 2004, section 383B.217, subdivisions 1, 2, 3, 4, 5, 6, 8.
Reported the same back with the following amendments:
Page 7, line 33, after the period, insert "The annual
budget shall address how efficiencies and revenues contribute to stabilize or
reduce county liabilities for indigent care."
Page 9, line 18, delete "383B.914" and insert
"383B.913"
Page 16, line 32, delete "and" and insert a
comma
Page 16, line 33, before the period, insert ", and
services to improve the health status of the community including indigent
populations"
Page 26, line 7, delete "of the corporation"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2428, A bill for an act relating to public safety; reenacting
the Minnesota Citizens' Personal Protection Act of 2003; recognizing the
inherent right of law-abiding citizens to self-protection through the lawful
use of self-defense; providing a system under which responsible, competent
adults can exercise their right to self-protection by authorizing them to
obtain a permit to carry a pistol; providing criminal penalties; amending
Minnesota Statutes 2004, section 624.714, subdivision 17, as reenacted.
Reported the same back with the following amendments:
Page 1, delete lines 15 and 16 and insert:
"Because Laws 2003, chapter 28, has been found
to be unconstitutional by the Court of Appeals due to a violation of section
17, article IV, of the Minnesota Constitution regarding the enactment of that
chapter, then Laws 2003,"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. Nos. 808, 969, 1056, 1146, 1296, 1355, 1861 and 1869 were
read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Abrams, Lenczewski and Krinkie introduced:
H. F. No. 2488, A bill for an act relating to taxes; sales and
use tax; making changes to conform with Streamlined Sales Tax Agreement
requirements; amending Minnesota Statutes 2004, sections 297A.67, subdivisions
7, 9; 297A.68, subdivision 28; 297A.71, subdivision 12; 297A.75, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Mariani, Lesch, Mahoney and Thao introduced:
H. F. No. 2489, A bill for an act relating to taxation;
clarifying that major and intermediate airports are not included in fiscal
disparities; amending Minnesota Statutes 2004, section 473F.02, subdivision 2.
The bill was read for the first time and referred to the
Committee on Taxes.
Krinkie, Wilkin and Vandeveer introduced:
H. F. No. 2490, A bill for an act relating to taxation; gross
receipts; prohibiting state referrals to pharmacies that are not collecting the
MinnesotaCare tax on prescription drugs; amending Minnesota Statutes 2004,
section 295.57, by adding a subdivision.
The bill was read for the first time and referred to the Committee
on Taxes.
Davnie and Lenczewski introduced:
H. F. No. 2491, A bill for an act relating to taxation;
providing that certain land that qualifies for inclusion in a soils condition
district may be included in a redevelopment tax increment financing district;
amending Minnesota Statutes 2004, section 469.174, subdivision 10.
The bill was read for the first time and referred to the
Committee on Taxes.
Urdahl; Heidgerken; Johnson, J.; Ruud and Sykora introduced:
H. F. No. 2492, A bill for an act relating to education;
requiring schools to adopt, implement, and regularly practice a uniform lock
down plan; proposing coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time and referred to the
Committee on Education Policy and Reform.
Poppe introduced:
H. F. No. 2493, A bill for an act relating to flood control;
creating a demonstration project; appropriating money.
The bill was read for the first time and referred to the
Committee on Agriculture, Environment and Natural Resources Finance.
Klinzing, Wilkin, Dittrich, Cybart, Eastlund, Cox, Simpson,
Charron, Sviggum, Finstad, Hamilton, Brod, Knoblach, Beard, Seifert and Nelson,
P., introduced:
H. F. No. 2494, A bill for an act relating to education finance;
requiring school districts to spend at least 65 percent of their total
operating expenditures on direct classroom expenditures; proposing coding for
new law in Minnesota Statutes, chapter 123B.
The bill was read for the first time and referred to the Committee
on Education Finance.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 915, A bill for an act relating to
transportation; modifying provisions relating to aeronautics; making clarifying
changes; amending Minnesota Statutes 2004, sections 360.305, subdivision 4;
360.55, subdivisions 2, 3, 4, 4a; 360.58; 360.59, subdivisions 2, 5, 7, 8;
360.63, subdivision 2; 360.67, subdivision 4; 394.22, subdivision 12; 394.361,
subdivisions 1, 3; 462.352, subdivision 10; 462.355, subdivision 4; 462.359,
subdivisions 1, 3; repealing Minnesota Statutes 2004, section 360.59,
subdivisions 4, 9.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Beard moved that the House concur in the Senate amendments to
H. F. No. 915 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 915, A bill for an act relating to transportation;
modifying provisions relating to aeronautics; making clarifying changes;
amending Minnesota Statutes 2004, sections 360.305, subdivision 4; 360.55,
subdivisions 2, 3, 4, 4a; 360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63,
subdivision 2; 360.67, subdivision 4; 394.22, subdivision 12; 394.361,
subdivisions 1, 3; 462.352, subdivision 10; 462.355, subdivision 4; 462.359,
subdivisions 1, 3; repealing Minnesota Statutes 2004, section 360.59,
subdivisions 4, 9.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 127 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 4, A bill for an act relating to agriculture;
increasing minimum ethanol content required for gasoline sold in the state;
establishing a petroleum replacement goal; amending Minnesota Statutes 2004,
section 239.791, subdivision 1, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 239.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Sams, Vickerman and Dille.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Hamilton moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 4. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 893, 1486, 1509, 1940 and 1780.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 893, A bill for an act relating to counties;
authorizing county boards to contract for the sale of biomass; amending
Minnesota Statutes 2004, section 282.04, subdivision 1.
The bill was read for the first time.
Rukavina moved that S. F. No. 893 and H. F. No. 905, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1486, A bill for an act relating to public safety;
prohibiting quotas for issuing traffic and vehicle inspection citations;
amending Minnesota Statutes 2004, section 299D.08.
The bill was read for the first time.
Rukavina moved that S. F. No. 1486 and H. F. No. 998, now on the
Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1509, A bill for an act
relating to housing; providing certain manufactured home park exclusions;
amending Minnesota Statutes 2004, section 327.23, by adding a subdivision.
The bill was read for the first time.
Olson moved that S. F. No. 1509 and H. F. No. 1585, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1940, A bill for an act relating to metropolitan
government; requiring senate confirmation of the chair of the Metropolitan
Airports Commission; providing a residency requirement and for terms of office
for members of the Metropolitan Council and the Metropolitan Airports Commission;
creating a nominating committee; modifying a reporting requirement; amending
Minnesota Statutes 2004, sections 473.123, subdivisions 2a, 3; 473.604,
subdivision 1; 473.621, subdivision 1b.
The bill was read for the first time and referred to the Committee
on Rules and Legislative Administration.
S. F. No. 1780, A bill for an act relating to employment;
permitting employers of professional athletes to request or require random drug
testing; amending Minnesota Statutes 2004, section 181.951, subdivision 4.
The bill was read for the first time.
Hosch moved that S. F. No. 1780 and H. F. No. 1103, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 4:
Davids, Hamilton and Juhnke.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 1976.
H. F. No. 1976 was reported to the House.
The Speaker called Seifert to the Chair.
Sertich and Gunther moved to amend H. F. No. 1976, the second
engrossment, as follows:
Page 113, after line 10, insert:
"Sec. 27. [RECOMMENDATIONS ON STANDARD STATEWIDE CHILD
CARE LICENSE FEE; REPORT.]
The commissioner of human services in conjunction with the
Minnesota Association of County Social Service Administrators and the Minnesota
Licensed Family Child Care Association, shall examine the feasibility of a
statewide standard for setting license fees and background study fees for
licensed family child care providers, and shall make recommendations on the
feasibility of a statewide standard for setting license fees and background
study fees in a report to the chairs of the senate and house of representatives
committees having jurisdiction over child care issues. The report is due January 15, 2006."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Otremba offered an amendment to H. F. No. 1976,
the second engrossment, as amended.
POINT
OF ORDER
Bradley raised a point of order pursuant
to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and
Revenue Bills, that the Otremba amendment was not in order. Speaker pro tempore Seifert ruled the point
of order well taken and the Otremba amendment out of order.
Entenza appealed the decision of Speaker pro tempore Seifert.
A roll call was requested and properly seconded.
POINT
OF ORDER
Olson raised a point of order pursuant to
section 101 of "Mason's Manual of Legislative Procedure," relating to
Debate Limited to the Question Before the House. Speaker pro tempore Seifert ruled the point of order not well
taken.
CALL
OF THE HOUSE
On the motion of Paulsen and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion did not prevail.
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Seifert stand as the judgment of the House?" and the
roll was called. There were 68 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
So it was the judgment of the House that the decision of
Speaker pro tempore Seifert should stand.
Wilkin; Cybart; Powell; Dill;
Ozment; Wardlow; McNamara; Peterson, N.; Sertich; Atkins; Hansen; Cox;
Garofalo; Lillie and Rukavina moved to amend H. F. No. 1976, the second
engrossment, as amended, as follows:
Page 79, after line 18, insert:
"Sec. 84. Laws
2003, chapter 128, article 1, section 172, is amended to read:
Sec. 172. [TEMPORARY
PETROFUND FEE EXEMPTION FOR MINNESOTA COMMERCIAL AIRLINES.]
(a) A commercial airline providing regularly scheduled jet
service and with its corporate headquarters in Minnesota is exempt from the fee
established in Minnesota Statutes, section 115C.08, subdivision 3, until
July 1, 2005 2007, provided the airline develops a plan
approved by the commissioner of commerce demonstrating that the savings from
this exemption will go towards minimizing job losses in Minnesota, and to
support the airline's efforts to avoid filing for federal bankruptcy
protections.
(b) A commercial airline exempted from the fee is ineligible to
receive reimbursement under Minnesota Statutes, chapter 115C, until July 1, 2005
2007. A commercial airline that
has a release during the fee exemption period is ineligible to receive
reimbursement under Minnesota Statutes, chapter 115C, for the costs incurred in
response to that release.
[EFFECTIVE DATE.] This
section is effective July 1, 2005."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Wilkin et al amendment and the roll
was called. There were 105 yeas and 29
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilty
Holberg
Hoppe
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Latz
Liebling
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Bernardy
Clark
Davnie
Ellison
Goodwin
Greiling
Hausman
Hilstrom
Hornstein
Hortman
Hosch
Jaros
Johnson, S.
Kahn
Kelliher
Larson
Lenczewski
Lesch
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Sieben
Thao
Thissen
Wagenius
Walker
The motion prevailed and the amendment was adopted.
Howes; Cornish; Nelson, P.; Moe; Dill; Gazelka; Simpson and
Sailer moved to amend H. F. No. 1976, the second engrossment, as amended, as
follows:
Page 95, after line 7, insert:
"Sec. 4. Minnesota
Statutes 2004, section 120A.40, is amended to read:
120A.40 [SCHOOL CALENDAR.]
(a) Except for learning programs during summer, flexible
learning year programs authorized under sections 124D.12 to 124D.127, and
learning year programs under section 124D.128, a district must not commence an
elementary or secondary school year before September 1 Labor Day,
except as provided under paragraph (b).
Days devoted to teachers' workshops may be held before September 1
Labor Day. Districts that enter
into cooperative agreements are encouraged to adopt similar school calendars.
(b) A district may begin the school year on any day before September
1 Labor Day to accommodate a construction or remodeling project of
$400,000 or more affecting a district school facility. A school district that agrees to the same
schedule with a school district in an adjoining state also may begin the school
year before Labor Day as authorized under this paragraph.
[EFFECTIVE DATE.] This
section is effective August 1, 2006."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Slawik moved to amend H. F. No. 1976, the second engrossment,
as amended, as follows:
Page 95, after line 7, insert:
"Sec. 4. Minnesota
Statutes 2004, section 245A.023, is amended to read:
245A.023 [IN-SERVICE TRAINING.]
(a) For purposes of child care centers, in-service
training must be completed within the license period for which it is
required. In-service training completed
by staff persons as required must be transferable upon a staff person's change
in employment to another child care program.
License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.
(b) Notwithstanding Minnesota Rules, part 9502.0385, for day
care facilities, the license holder and each primary caregiver must complete 12
hours of inservice safety training each year.
(c) Not withstanding Minnesota Rules, part 9503.0035, for
child care centers, all teachers, assistant teachers, and staff members must
complete 12 hours of inservice safety training each year."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
DeLaForest moved to amend the Slawik amendment to H. F. No.
1976, the second engrossment, as amended, as follows:
Page 1, line 16, delete "12" and insert "36"
Page 1, line 20, delete "12" and insert "36"
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Slawik amendment and the roll was
called. There were 80 yeas and 54 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Bernardy
Carlson
Charron
Clark
Cornish
Cox
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Meslow
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Welti
Those who voted in the negative were:
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Ellison
Emmer
Erickson
Finstad
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Nelson, P.
Newman
Nornes
Olson
Paulsen
Penas
Peppin
Peterson, N.
Powell
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment was adopted.
H. F. No. 1976, A bill for an act relating to state government;
appropriating money for jobs, economic development, and human services
purposes; establishing and modifying certain programs; providing for accounts,
assessments and fees; making changes to programs for children and families;
requiring studies and reports; amending Minnesota Statutes 2004, sections
41A.09, subdivision 2a; 60A.14, subdivision 1; 60K.55, subdivision 2; 72A.20,
by adding a subdivision; 72B.04, subdivision 10; 82B.05, subdivisions 1, 5;
82B.09, subdivision 1; 115C.07, subdivision 3; 115C.09, subdivision 3h;
115C.13; 116C.779, subdivision 2; 116J.551, subdivision 1; 116J.571; 116J.572;
116J.574; 116J.575, as amended; 116J.63, subdivision 2; 116J.8731, subdivision
5; 116J.8747, subdivision 2; 116J.994, subdivisions 7, 9; 116L.03, subdivision
2; 116L.05, by adding a subdivision; 116L.17, subdivision 1; 116L.20,
subdivision 2; 119B.02, by adding a subdivision; 119B.13, subdivision 1, by
adding a subdivision; 120A.40; 183.41, by adding a subdivision; 183.411,
subdivisions 2a, 3; 183.42; 183.44, subdivision 1; 183.51, subdivision 2, by
adding a subdivision; 183.545; 183.57; 216C.41, subdivisions 2, 5, 5a; 237.11;
237.295, subdivisions 1, 2; 239.011, subdivision 2; 239.05, subdivision 10b, by
adding a subdivision; 239.09; 239.101, subdivision 3; 239.75, subdivisions 1,
5; 239.761; 239.77, by adding a subdivision; 239.79, subdivision 4; 239.791,
subdivisions 1, 7, 8, 15; 239.792; 245A.023; 245A.10, subdivision 4; 254A.035,
subdivision 2; 254A.04; 256.01, by adding subdivisions; 256.741, subdivision 4;
256B.0924, subdivision 3; 256B.093, subdivision 1; 256D.06, subdivisions 5, 7,
by adding a subdivision; 256I.05, subdivision 1e; 256J.12, subdivision 1, by
adding a subdivision; 256J.37, subdivision 3a; 256J.515; 256J.751, subdivision
2; 256J.95, by adding subdivisions; 256K.35, by adding a subdivision; 260.835;
268.19, subdivision 1; 296A.01, subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24,
25, 26, 28; 298.22, by adding a subdivision; 326.975, subdivision 1; 345.47,
subdivisions 3, 3a; 373.40, subdivisions 1, 3; 462A.05, subdivision 3a;
462A.33, subdivision 2; 517.08, subdivisions 1b, 1c; Laws 1999, chapter 224,
section 7, as amended; Laws 2003, chapter 128, article 1, section 172;
proposing coding for new law in Minnesota Statutes, chapters 45; 116L; 237;
256K; 325F; proposing coding for new law as Minnesota Statutes, chapter 59B;
repealing Minnesota Statutes 2004, sections 45.0295; 116J.573; 116J.58,
subdivision 3; 116L.05, subdivision 4; 119B.074; 239.05, subdivisions 6a, 6b;
256D.54, subdivision 3; 462C.15; Laws 2003, First Special Session chapter 14,
article 9, section 34; Minnesota Rules, parts 9500.1254; 9500.1256.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 68 yeas and 66
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The bill was passed, as amended, and its title agreed to.
CALL
OF THE HOUSE LIFTED
Paulsen moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 1422.
H. F. No. 1422 was reported to the House.
Bradley moved to amend H. F. No. 1422, the second engrossment,
as follows:
Page 58, line 2, after "of" delete "the"
and insert "their practice"
Page 58, line 3, delete everything before "and"
Page 59, line 32, delete "by" and insert
"under the direction of"
Page 60, line 6, before the period insert "or
an organization federally certified as a peer review organization-like entity
eligible to operate in Minnesota"
Page 82, line 3, after "using" insert "the"
Page 82, line 4, after "assistance" insert
"families with children"
Page 82, line 5, after "nonallowable" insert
"self-employment"
Page 88, line 24, after "days" insert "of
notification"
Page 217, after line 5, insert:
"Sec. 8. Minnesota
Statutes 2004, section 256B.0943, subdivision 3, is amended to read:
Subd. 3. [DETERMINATION
OF CLIENT ELIGIBILITY.] A client's eligibility to receive children's
therapeutic services and supports under this section shall be determined based
on a diagnostic assessment by a mental health professional that is performed
within 180 days of the initial start of service. The diagnostic assessment must:
(1) include current diagnoses on all five axes of the client's
current mental health status;
(2) determine whether a child under age 18 has a diagnosis of
emotional disturbance or, if the person is between the ages of 18 and 21,
whether the person has a mental illness;
(3) document children's therapeutic services and supports as
medically necessary to address an identified disability, functional impairment,
and the individual client's needs and goals;
(4) be used in the development of the individualized treatment
plan; and
(5) be completed annually until age 18. A child with autism spectrum disorder may
receive a diagnostic assessment once every three years, at the request of the
parent, to determine continued eligibility for therapeutic support services
under this section. For individuals
between age 18 and 21, unless a client's mental health condition has changed
markedly since the client's most recent diagnostic assessment, annual updating
is necessary. For the purpose of this
section, "updating" means a written summary, including current
diagnoses on all five axes, by a mental health professional of the client's
current mental health status and service needs."
Page 319, line 37, after "increase" insert
"percentages"
Page 319, line 41, delete "an additional" and insert "a"
Page 319,
line 44, after the period insert "These percentage increases replace, and
are not in addition to, the percentage increases provided in the specified
sections of Minnesota Statutes."
Page 329, line 27, delete "175" and insert
"190"
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Holberg and Bradley moved to amend
H. F. No. 1422, the second engrossment, as amended, as follows:
Page 230, line 30, after the comma, insert "administration,"
The motion prevailed and the amendment was adopted.
Heidgerken moved to amend H. F. No. 1422, the second
engrossment, as amended, as follows:
Page 299, after line 29, insert:
"Sec. 50. Minnesota Statutes 2004, section 157.011, is amended by adding a
subdivision to read:
Subd. 3. [RULE
EXEMPTION.] Notwithstanding any rule to the contrary, no food establishment
shall be required to acquire equipment or change construction solely because
ownership of the food establishment has been transferred."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker called Smith to the Chair.
Fritz moved to amend H. F. No. 1422, the second engrossment, as
amended, as follows:
Page 129, line 34, delete "(a)"
Page 130, line 8, after "of" insert "nonadministrative"
Page 130, delete lines 15 to 20
Page 191, line 1, after "of" insert "nonadministrative"
Page 196, line 22, after "of" insert "nonadministrative"
A roll call was requested and properly seconded.
The question was taken on the Fritz amendment and the roll was
called. There were 66 yeas and 68 nays
as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Olson, Powell, Bradley and Otremba moved to amend H. F. No.
1422, the second engrossment, as amended, as follows:
Page 230, line 10, after the second comma insert "patient
consent requirements,"
Page 230, line 23, after the second comma insert "patient
consent requirements,"
The motion prevailed and the amendment was adopted.
Olson, Rukavina, Powell and Bradley moved to amend H. F. No.
1422, the second engrossment, as amended, as follows:
Page 231, line 1, after the comma insert "free-market
health care policy organizations with an interest in medical privacy"
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Kelliher moved to amend H. F. No.
1422, the second engrossment, as amended, as follows:
Page 290, after line 19, insert:
"Sec. 42.
[145.471] [EMERGENCY CARE FOR SEXUAL ASSAULT VICTIMS ACT.]
Sections 145.471 to 145.4713 may be cited as the
"Emergency Care for Sexual Assault Victims Act."
Sec. 43. [145.4711]
[DEFINITIONS.]
Subdivision 1.
[APPLICATION.] For purposes of sections 145.471 to 145.4713, the
following definitions apply.
Subd. 2.
[COMMISSIONER.] "Commissioner" means the commissioner of
health.
Subd. 3.
[EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.] "Emergency care to
sexual assault victims" means medical examinations, procedures, and
services provided at a hospital to a sexual assault victim following an alleged
sexual assault.
Subd. 4.
[EMERGENCY CONTRACEPTION.] "Emergency contraception" means
a hormonal drug approved by the federal Food and Drug Administration that
prevents pregnancy within the interval between sexual intercourse and
implantation.
Subd. 5. [SEXUAL
ASSAULT.] "Sexual assault" means criminal sexual conduct in the
first degree under section 609.342, criminal sexual conduct in the second
degree under section 609.343, criminal sexual conduct in the third degree under
section 609.344, criminal sexual conduct in the fourth degree under section
609.345, or incest under section 609.365.
Subd. 6. [SEXUAL
ASSAULT VICTIM.] "Sexual assault victim" means a woman who alleges
that she was, or is alleged to have been, sexually assaulted and who presents
at a hospital as a patient.
Sec. 44. [145.4712]
[EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.]
It shall be the standard of care for all hospitals that
provide emergency care to sexual assault victims to provide each sexual assault
victim with medically and factually accurate and unbiased written and oral
information about emergency contraception and prophylactic antibiotics for
treatment of sexually transmitted diseases.
Sec. 45. [145.4713]
[COMPLAINTS.]
The commissioner shall accept and investigate complaints
regarding hospital compliance with section 145.4712. The commissioner shall periodically determine whether hospitals
are in compliance with section 145.4712. Failure to comply with section 145.4712 may be grounds for the
suspension or revocation of a hospital's license under section 144.55,
subdivision 6."
A roll call was requested and properly seconded.
The question was taken on the
Kelliher amendment and the roll was called.
There were 58 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Abrams
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dill
Dittrich
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Nelson, M.
Paymar
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Kahn, Hausman, Lenczewski, Loeffler, Larson, Hilstrom, Paymar,
Greiling, Clark, Otremba, Kelliher, Fritz and Murphy moved to amend H. F. No.
1422, the second engrossment, as amended, as follows:
Page 310, after line 15, insert:
"Sec. 65.
[CERVICAL CANCER ELIMINATION STUDY.]
(a) The commissioner of health shall develop a statewide
integrated and comprehensive cervical cancer prevention plan, including
strategies for promoting and implementing the plan. The plan must include activities that identify and implement
methods to improve the cervical cancer screening rates in Minnesota, including,
but not limited to:
(1) identifying and disseminating appropriate evidence-based
cervical cancer screening guidelines to be used in Minnesota;
(2) increasing the use of appropriate screening based on
these guidelines for patients seen by medical groups in Minnesota and
monitoring results of these medical groups; and
(3) reducing the number of women who should but have
not been screened.
(b) In developing the plan, the commissioner shall also
identify and examine limitations and barriers in providing cervical cancer
screening, diagnosis tools, and treatment, including, but not limited to,
medical care reimbursement, treatment costs, and the availability of insurance
coverage.
(c) The commissioner may work with a nonprofit quality
improvement organization in Minnesota to identify evidence-based guidelines for
cervical cancer screening and to identify methods to improve the cervical
cancer screening rates among medical groups; and may work with a nonprofit
health care result reporting organization to monitor results by medical groups
in Minnesota.
(d) The commissioner may convene an advisory committee that
includes representatives of health care providers, the American Cancer Society,
health plan companies, the University of Minnesota Academic Health Center,
community health boards, and the general public.
(e) The commissioner shall submit a report to the
legislature by January 15, 2006, on:
(1) the statewide cervical cancer prevention plan, including
a description of the plan activities and strategies developed for promoting and
implementing the plan;
(2) methods for monitoring the results by medical groups and
by the entire state of cervical cancer screening improvement activities; and
(3) recommended changes to existing laws, programs, or
services in terms of reducing the occurrence of cervical cancer by improving
insurance coverage for the prevention, diagnosis, and treatment for cervical cancer."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Rukavina moved to amend H. F. No. 1422, the second engrossment,
as amended, as follows:
Page 81, after line 29, insert:
"Sec. 52.
Minnesota Statutes 2004, section 256L.01, subdivision 3a, is amended to
read:
Subd. 3a. [FAMILY WITH
CHILDREN.] (a) "Family with children" means:
(1) parents, and their children, and dependent
siblings residing in the same household; oder
(2) grandparents, foster parents, relative caretakers as
defined in the medical assistance program, or legal guardians; and their
wards who are children; and dependent siblings residing in the same
household; or
(3) children and their noncustodial parents, if: (1) the
noncustodial parent is enrolled in MinnesotaCare; (2) the children reside in
Minnesota and are not already covered by MinnesotaCare or medical assistance;
and (3) the children are enrolled with the noncustodial parent in MinnesotaCare
and are not counted in the family size of the custodial parent for purposes
of determining eligibility and premiums for MinnesotaCare or determining
eligibility for medical assistance. A
child shall be counted in the household size of a noncustodial parent only for
purposes of determining eligibility and premiums for MinnesotaCare under this
clause.
(b) The term includes children and dependent siblings
who are temporarily absent from the household in settings such as schools,
camps, or parenting time with noncustodial parents.
(c) For purposes of this subdivision, a dependent sibling
means an unmarried child who is a full-time student under the age of 25 years
who is financially dependent upon a parent, grandparent, foster parent,
relative caretaker, or legal guardian.
Proof of school enrollment is required.
[EFFECTIVE DATE.] This
section is effective July 1, 2006, or upon federal approval, whichever is
later."
Page 109, after line 5, insert:
"(c) The commissioner of human services shall seek
federal waivers and approvals necessary to implement the amendments to
Minnesota Statutes, section 256L.01, subdivision 3a."
Page 314, after line 39, insert:
"[BUDGET
NEUTRALITY; APPROPRIATION CHANGES.] Of the general fund appropriations
identified for Agency Management, $7,000,000 in fiscal year 2007 shall be
subtracted from the accounts responsible for the department's professional
contracting activities.
The following general fund appropriations are hereby added to the
appropriations identified for MinnesotaCare activities:
FY 2006
FY 2007
MinnesotaCare -
Eligibility for
non-custodial children -0- $7,000,000
The commissioner of finance shall make
transfers between funds as necessary to fully implement this provision."
Adjust totals (internal to DHS accounts) accordingly
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
POINT
OF ORDER
Wilkin raised a point of order pursuant to rule 4.03, relating
to Ways and Means Committee; Budget Resolution; Effect on Expenditure and
Revenue Bills, that the Rukavina amendment was not in order. The Speaker ruled the point of order not
well taken and the Rukavina amendment in order.
The question recurred on the Rukavina amendment to
H. F. No. 1422, the second engrossment, as amended. The motion did not prevail and the amendment
was not adopted.
Johnson, S.; Sailer and Eken moved to amend H. F. No. 1422, the
second engrossment, as amended, as follows:
Page 185, after line 31, insert:
"Sec. 16.
Minnesota Statutes 2004, section 256B.0917, subdivision 8, is amended to
read:
Subd. 8.
[LIVING-AT-HOME/BLOCK NURSE PROGRAM GRANT.] (a) The organization awarded
the contract under subdivision 7, shall develop and administer a grant program
to establish or expand up to 33 47 community-based organizations
that will implement living-at-home/block nurse programs that are designed to
enable senior citizens to live as independently as possible in their homes and
in their communities. At least one-half
of the programs must be in counties outside the seven-county metropolitan
area. Nonprofit organizations and units
of local government are eligible to apply for grants to establish the community
organizations that will implement living-at-home/block nurse programs. In awarding grants, the organization awarded
the contract under subdivision 7 shall give preference to nonprofit
organizations and units of local government from communities that:
(1) have high nursing home occupancy rates;
(2) have a shortage of health care professionals;
(3) are located in counties adjacent to, or are located in,
counties with existing living-at-home/block nurse programs; and
(4) meet other criteria established by LAH/BN, Inc., in
consultation with the commissioner.
(b) Grant applicants must also meet the following criteria:
(1) the local community demonstrates a readiness to establish a
community model of care, including the formation of a board of directors,
advisory committee, or similar group, of which at least two-thirds is comprised
of community citizens interested in community-based care for older persons;
(2) the program has sponsorship by a credible, representative
organization within the community;
(3) the program has defined specific geographic boundaries and
defined its organization, staffing and coordination/delivery of services;
(4) the program demonstrates a team approach to coordination
and care, ensuring that the older adult participants, their families, the
formal and informal providers are all part of the effort to plan and provide
services; and
(5) the program provides assurances that all community
resources and funding will be coordinated and that other funding sources will
be maximized, including a person's own resources.
(c) Grant applicants must provide a minimum of five percent of
total estimated development costs from local community funding. Grants shall be awarded for four-year
periods, and the base amount shall not exceed $80,000 per applicant for the
grant period. The organization under
contract may increase the grant amount for applicants from communities that
have socioeconomic characteristics that indicate a higher level of need for
assistance. Subject to the availability
of funding, grants and grant renewals awarded or entered into on or after July
1, 1997, shall be renewed by LAH/BN,
Inc. every four years, unless LAH/BN, Inc. determines that the grant recipient
has not satisfactorily operated the living-at-home/block nurse program in
compliance with the requirements of paragraphs (b) and (d). Grants provided to living-at-home/block
nurse programs under this paragraph may be used for both program development
and the delivery of services. The
base amount awarded to each applicant for a grant period shall be increased by
four percent for the fiscal year beginning July 1, 2006, and shall be increased
by the change in the Consumer Price Index-All Items (United States city
average) (CPI-U) for fiscal years beginning on or after July 1, 2007.
(d) Each living-at-home/block nurse program shall be designed
by representatives of the communities being served to ensure that the program
addresses the specific needs of the community residents. The programs must be designed to:
(1) incorporate the basic community, organizational, and
service delivery principles of the living-at-home/block nurse program model;
(2) provide senior citizens with registered nurse directed
assessment, provision and coordination of health and personal care services on
a sliding fee basis as an alternative to expensive nursing home care;
(3) provide information, support services, homemaking services,
counseling, and training for the client and family caregivers;
(4) encourage the development and use of respite care,
caregiver support, and in-home support programs, such as adult foster care and
in-home adult day care;
(5) encourage neighborhood residents and local organizations to
collaborate in meeting the needs of senior citizens in their communities;
(6) recruit, train, and direct the use of volunteers to provide
informal services and other appropriate support to senior citizens and their
caregivers; and
(7) provide coordination and management of formal and informal
services to senior citizens and their families using less expensive
alternatives."
Page 314, after line 39, insert:
"[BUDGET
NEUTRALITY; APPROPRIATION CHANGES.] Of the general fund appropriations
identified for Agency Management, $660,000 in fiscal year 2006 and $36,000 in
fiscal year 2007 shall be subtracted from the accounts responsible for the
department's professional contracting activities.
The
following appropriations are added to the general fund appropriations for the
following activities:
(1)
$560,000 is appropriated from the general fund to the commissioner of human
services, for the biennium beginning July 1, 2005, to fund 14 additional
living at home/block nurse programs.
(2) $36,000 is appropriated
from the general fund to the commissioner of human services, for the fiscal
year beginning July 1, 2006, to increase base funding for living at
home/block nurse programs as required by Minnesota Statutes, section 256B.0917,
subdivision 8, paragraph (c).
(3)
$100,000 is appropriated from the general fund to the commissioner of human
services, for the biennium beginning July 1, 2005, to fund the contract
awarded under Minnesota Statutes, section 256B.0917, subdivision 7."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Johnson, S., et al amendment and
the roll was called. There were 66 yeas
and 67 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Goodwin offered an amendment to
H. F. No. 1422, the second engrossment, as amended.
POINT
OF ORDER
Bradley raised a point of
order pursuant to rule 4.03, relating to Ways and Means Committee; Budget
Resolution; Effect on Expenditure and Revenue Bills, that the Goodwin
amendment was not in order. The Speaker
ruled the point of order well taken and the Goodwin amendment out of order.
Goodwin appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
the Speaker stand as the judgment of the House?" and the roll was
called. There were 68 yeas and 66 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
So it was the judgment of the House that the decision of the
Speaker should stand.
The Speaker called Abrams to the Chair.
Otremba moved to amend H. F. No.
1422, the second engrossment, as amended, as follows:
Page 101, delete lines 29 through 36
Page 102, delete lines 1 through 36
Page 103, delete lines 1 through 7
Page 314, after line 39, insert:
"[BUDGET
NEUTRALITY; APPROPRIATION CHANGES.] Of the general fund appropriations
identified for Agency Management, $676,000 in fiscal year 2006 and $3,371,000
in fiscal year 2007 shall be subtracted from the accounts responsible for the
department's professional contracting activities.
The
following appropriations are added to the general fund appropriations
identified for medical assistance activities associated with irrevocable
trusts:
FY 2006
FY 2007
Medical Assistance
Long-Term
Care Facilities
439,000 3,371,000
Medical Assistance
Waivers
87,000 505,000
Medical Assistance
Basic Health Care-
Elderly and Disabled 150,000 674,000
Total Medical Assistance-
Trust Activity
676,000 3,371,000"
Adjust totals accordingly
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Otremba amendment and the roll
was called. There were 65 yeas and 68
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Wagenius moved to amend H. F. No. 1422, the second engrossment,
as amended, as follows:
Page 285, line 26, delete "and"
Page 285, line 27, before the period insert "; and
(8) testing private drinking water wells"
Page 286, line 9, after "145.4243" insert
"and the known risk factors for spontaneous abortions including, but
not limited to, the risks associated with exposure to nitrates and to
pesticides in drinking water"
A roll call was requested and properly seconded.
The question was taken on the Wagenius amendment and the roll
was called. There were 49 yeas and 85
nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Carlson
Clark
Davnie
Dittrich
Dorn
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Ozment
Paymar
Peterson, A.
Peterson, S.
Poppe
Ruud
Scalze
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Rukavina, Pelowski, Otremba and Heidgerken offered an amendment
to H. F. No. 1422, the second engrossment, as amended.
POINT
OF ORDER
Wilkin raised a point of order pursuant to rule 3.21 that the
Rukavina et al amendment was not in order. The Speaker ruled the point of order
well taken and the Rukavina et al amendment out of order.
Huntley offered an amendment to H. F. No. 1422, the second
engrossment, as amended.
POINT
OF ORDER
Seifert raised a point of order pursuant to rule 3.21 that the
Huntley amendment was not in order. The Speaker ruled the point of order well
taken and the Huntley amendment out of order.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
H. F. No. 1422, A bill for an act relating to the operation of
state government; making changes to health and human services programs;
changing licensing and state-operated services provisions; changing provisions
in state health care programs, changing MinnesotaCare to a forecasted program
and changing eligibility requirements and payments, allowing transfer of excess
health care access funds to the general fund, allowing the commissioner to
withhold for delinquent nursing home provider surcharges, allowing reduction of
excess assets for MA and changing other MA provisions, reducing payments to
managed care plans, establishing medical necessity standards for state health
care programs, allowing the state to recover payment for long-term care from
trusts and life estates or joint tenancy interests, and establishing a health
services policy committee and medication therapy management; establishing a
value-based nursing facility reimbursement system and changing other provisions
for nursing facilities; changing continuing care for the elderly and disabled
provisions and establishing the Minnesota partnership for long-term care
programs, increasing rate reimbursement for ICF/MR facilities, health care
services, and provider rate increases, requiring a study for dental access,
establishing an interagency work group on disability services; changing
provisions for mental health services, allowing payment for mental health
telemedicine, providing treatment foster care services and transitional youth
intensive rehabilitative mental health services; modifying health policy,
establishing a Health Information Technology and Infrastructure Advisory
Committee, establishing a rural pharmacy planning and transition grant program,
requiring a report from physicians and facilities performing abortions, classifying
data in abortion notification reports, providing education on shaking infants
and children, establishing a voluntary trauma system, trauma registry, and
trauma advisory council, establishing a cancer drug repository program,
prohibiting family grant funds to subsidize abortion services, promoting
positive abortion alternatives, establishing the unborn child pain prevention
act, providing education on postpartum depression, adjusting certain fees,
providing civil and criminal penalties; making forecast adjustments;
appropriating money; and providing for alternative funding; amending Minnesota
Statutes 2004, sections 13.3806, by adding a subdivision; 16A.724; 103I.101,
subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1; 103I.601, subdivision
2; 144.122; 144.147, subdivisions 1, 2; 144.148, subdivision 1; 144.1483;
144.1501, subdivisions 1, 2, 3, 4; 144.226, subdivisions 1, 4, by adding
subdivisions; 144.3831, subdivision 1; 144.551, subdivision 1; 144.562,
subdivision 2; 144.9504, subdivision 2; 144.98, subdivision 3; 144A.071,
subdivision 4a; 144A.073, by adding a subdivision; 144E.101, by adding a
subdivision; 145.56, subdivisions 2, 5; 145.924; 145.9268; 146A.11, subdivision
1; 147A.08; 150A.22; 157.011, by adding a subdivision; 157.15, by adding a
subdivision; 157.16, subdivisions 2, 3, by adding subdivisions; 157.20,
subdivisions 2, 2a; 214.01, subdivision 2; 214.06, subdivision 1, by adding a subdivision; 245.4661,
subdivisions 2, 6; 245.4885, subdivisions 1, 2, by adding a subdivision;
245A.10, subdivision 5; 245C.10, subdivisions 2, 3; 245C.32, subdivision 2;
246.0136, subdivision 1; 252.27, subdivision 2a; 253.20; 253B.02, subdivision
7; 256.01, subdivision 2, by adding subdivisions; 256.019, subdivision 1;
256.045, subdivisions 3, 3a; 256.046, subdivision 1; 256.9657, by adding a
subdivision; 256.969, subdivisions 3a, 26; 256B.02, subdivision 12; 256B.04, by
adding a subdivision; 256B.056, subdivisions 5, 5a, 5b, 7, by adding
subdivisions; 256B.057, subdivision 9; 256B.0575; 256B.0595, subdivision 2;
256B.06, subdivision 4; 256B.0621, subdivisions 2, 3, 4, 5, 6, 7, by adding a
subdivision; 256B.0625, subdivisions 2, 3a, 13, 13a, 13c, 13e, 13f, 17, by
adding subdivisions; 256B.0644; 256B.075, subdivision 2; 256B.0913, subdivisions
2, 4; 256B.0916, by adding a subdivision; 256B.0943, subdivision 3; 256B.095;
256B.0951, subdivision 1; 256B.0952, subdivision 5; 256B.0953, subdivision 1;
256B.15, subdivision 1; 256B.19, subdivision 1; 256B.195, subdivision 3;
256B.32, subdivision 1; 256B.431, subdivisions 28, 29, 35, by adding
subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions; 256B.434,
subdivisions 3, 4, 4a, 4b, 4c, 4d, by adding subdivisions; 256B.438,
subdivision 3; 256B.47, subdivision 2; 256B.49, subdivision 16; 256B.5012, by
adding a subdivision; 256B.69, subdivisions 4, 23, by adding a subdivision;
256B.75; 256B.765; 256D.03, subdivisions 3, 4, by adding subdivisions;
256D.045; 256L.01, subdivisions 1a, 4, 5; 256L.03, subdivisions 1, 3, 5, by
adding a subdivision; 256L.04, subdivisions 1, 2, 8, by adding subdivisions;
256L.05, subdivisions 2, 3, 3a, 5; 256L.06, subdivision 3; 256L.07,
subdivisions 1, 3, by adding a subdivision; 256L.09, subdivision 2; 256L.11,
subdivision 6; 256L.12, subdivision 6, by adding a subdivision; 256L.15,
subdivisions 2, 3; 326.42, subdivision 2; 471.61, by adding a subdivision;
514.981, subdivision 6; Laws 2003, First Special Session chapter 14, article
12, section 93; proposing coding for new law in Minnesota Statutes, chapters
62J; 144; 145; 245A; 256B; 501B; repealing Minnesota Statutes 2004, sections
13.383, subdivision 3; 13.411, subdivision 3; 144.1486; 144.1502; 145.925;
146A.01, subdivisions 2, 5; 146A.02; 146A.03; 146A.04; 146A.05; 146A.06;
146A.07; 146A.08; 146A.09; 146A.10; 157.215; 256.955; 256B.075, subdivision 5;
256L.035; 256L.04, subdivisions 7, 11; 256L.09, subdivisions 1, 4, 5, 6, 7;
295.581; Minnesota Rules, parts 4700.1900; 4700.2000; 4700.2100; 4700.2200;
4700.2210; 4700.2300; 4700.2400; 4700.2410; 4700.2420; 4700.2500.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called.
Paulsen moved that those not voting be excused from
voting. The motion prevailed.
There were 74 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Huntley
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Nelson, M.
Opatz
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The bill was passed, as amended, and its title agreed to.
CALL OF THE HOUSE LIFTED
Paulsen moved that the call of the House be suspended. The motion prevailed and it was so ordered.
MOTION TO FIX TIME TO
CONVENE
Paulsen moved that when the House adjourns today it adjourn
until 12:30 p.m., Monday, May 2, 2005.
The motion prevailed.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Thissen moved that the name of Atkins be added as an author on
H. F. No. 2474. The
motion prevailed.
ADJOURNMENT
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:30 p.m., Monday, May 2, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives