Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 525

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2001

__________________

NINETEENTH DAY

Saint Paul, Minnesota, Monday, March 5, 2001

This Journal as a PDF document

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 Pastor Elizabeth Beissel, Augustana Lutheran Church, Minneapolis, 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 Dorn Holsten Lieder Ozment Swapinski
Abrams Eastlund Howes Lindner Paulsen Swenson
Anderson, B. Entenza Huntley Lipman Pawlenty Sykora
Anderson, I. Erhardt Jacobson Luther Paymar Thompson
Bakk Erickson Jaros Mahoney Pelowski Tingelstad
Bernardy Evans Jennings Mares Penas Tuma
Biernat Finseth Johnson, J. Mariani Peterson Vandeveer
Bishop Folliard Johnson, R. Marko Pugh Wagenius
Boudreau Fuller Johnson, S. Marquart Rhodes Walker
Bradley Gerlach Juhnke McElroy Rifenberg Walz
Buesgens Gleason Kahn McGuire Rukavina Wasiluk
Carlson Goodno Kalis Milbert Ruth Wenzel
Cassell Goodwin Kelliher Molnau Schumacher Westerberg
Clark, J. Gray Kielkucki Mulder Seagren Westrom
Clark, K. Greiling Knoblach Mullery Seifert Wilkin
Daggett Gunther Koskinen Murphy Sertich Winter
Davids Haas Krinkie Ness Skoe Wolf
Davnie Hackbarth Kubly Nornes Skoglund Workman
Dawkins Harder Kuisle Olson Slawik Spk. Sviggum
Dehler Hausman Larson Opatz Smith
Dempsey Hilstrom Leighton Osskopp Solberg
Dibble Hilty Lenczewski Osthoff Stanek
Dorman Holberg Leppik Otremba Stang

A quorum was present.

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


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PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2001 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

376 5 2:00 p.m. March 2 March 2

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 12, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution by adding a section to article IV; requiring a three-fifths vote to enact a law imposing or increasing taxes, fees, or surcharges.

Reported the same back with the following amendments:

Page 1, line 14, after the period, insert "If, however, a single law not only makes such increases but also makes equal or greater reductions in other taxes so that the estimated combined revenues raised by state taxes and property taxes in the law are reduced or maintained, then passage of that law requires only a majority vote of the members in each house."

Page 1, line 17, before the semicolon, insert "other than a general education tax rate and levy set by state law"

With the recommendation that when so amended the bill pass.

The report was adopted.


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

H. F. No. 47, A bill for an act relating to economic development; requiring a closed iron mine and related facilities to be maintained for a period of time; providing extra unemployment benefits for certain workers laid off from the LTV Mining Company; amending Minnesota Statutes 2000, section 93.003.

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

The report was adopted.

Stanek from the Committee on Judiciary Finance to which was referred:

H. F. No. 94, A bill for an act relating to natural resources; establishing penalties for gross overlimit violations of fish and game laws; setting certain restitution values; providing criminal penalties; amending Minnesota Statutes 2000, sections 97A.211, by adding a subdivision; 97A.225, subdivision 1; 97A.255, by adding a subdivision; and 97A.421, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97A.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 175, A bill for an act relating to fire safety; requiring the state fire marshal to adopt rules for fire retardant standards for cigarettes; proposing coding for new law in Minnesota Statutes, chapter 299F.

Reported the same back with the following amendments:

Page 1, after line 24, insert:

"(c) The rules adopted under this section are not effective until the rules are approved by law."

Page 2, after line 3, insert:

"Sec. 2. [APPROPRIATION.]

$....... is appropriated from the general fund in fiscal year 2002 to the commissioner of public safety to pay for rulemaking under section 1."

Page 2, line 4, delete "2" and insert "3"

Page 2, delete line 5 and insert:

"The rulemaking authority in section 1 is effective the day following final enactment. Substantive requirements relating to sale or manufacture of cigarettes are not effective until the rules are approved by law."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce, Jobs and Economic Development without further recommendation.

The report was adopted.


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Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 274, A bill for an act relating to the environment; prohibiting the sale of mercury thermometers; amending Minnesota Statutes 2000, section 116.92, subdivisions 3 and 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 116.92, subdivision 3, is amended to read:

Subd. 3. [LABELING; PRODUCTS CONTAINING MERCURY.] A manufacturer or wholesaler may not sell and a retailer may not knowingly sell any of the following items in this state that contain mercury unless the item is labeled in a manner to clearly inform a purchaser or consumer that mercury is present in the item and that the item may not be placed in the garbage until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater:

(1) a thermostat or thermometer;

(2) an electric switch, individually or as part of another product, other than a motor vehicle;

(3) an appliance;

(4) a medical or scientific instrument; and

(5) an electric relay or other electrical device.

Sec. 2. Minnesota Statutes 2000, section 116.92, subdivision 6, is amended to read:

Subd. 6. [MERCURY THERMOMETERS RESTRICTED.] A medical facility may not routinely distribute thermometers (a) A manufacturer, wholesaler, or retailer may not sell or distribute for promotional purposes a thermometer containing mercury.

(b) Paragraph (a) does not apply to:

(1) an electrical thermometer with a battery containing mercury if the battery is in compliance with section 325E.125;

(2) a mercury thermometer used for food research and development or food processing, including meat, dairy, and pet food processing;

(3) a mercury thermometer that is a component of an animal agriculture climate control system or industrial measurement system, until such time as the system is replaced or an alternative component is available; or

(4) a mercury thermometer used for calibration of other thermometers, apparatus, or equipment, unless a nonmercury calibration standard for the application is recognized and available.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective January 1, 2002."

Amend the title as follows:

Page 1, line 2, delete "prohibiting" and insert "restricting"

With the recommendation that when so amended the bill pass.

The report was adopted.


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Smith from the Committee on Civil Law to which was referred:

H. F. No. 369, A bill for an act relating to civil action; regulating the apportionment of joint and several liability; amending Minnesota Statutes 2000, section 604.02, subdivision 1.

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 423, A bill for an act relating to veterans; exempting combat-wounded veterans from the special motor vehicle license plate design that identifies eligibility groups using decal stickers; amending Minnesota Statutes 2000, section 168.1291, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 427, A bill for an act relating to bleacher safety; providing an exemption for bleachers owned by the Minnesota amateur sports commission; amending Minnesota Statutes 2000, section 16B.616, subdivision 3.

Reported the same back with the following amendments:

Page 2, after line 7, insert:

"This subdivision does not apply to temporary bleacher seating installed in the Hubert H. Humphrey Metrodome for National Collegiate Athletic Association events."

With the recommendation that when so amended the bill pass.

The report was adopted.

Seagren from the Committee on K-12 Education Finance to which was referred:

H. F. No. 456, A resolution memorializing Congress to authorize and appropriate funding for 40 percent of the cost of special education.

Reported the same back with the following amendments:

Page 1, delete lines 6 to 25 and insert:

"Whereas, over 25 years ago, the federal government required states to provide children with disabilities an appropriate education, and for 25 years, the government has failed to meet its promise to pay 40 percent of the cost; and

Whereas, since 1997 the yearly average of federal funding has been about 13 percent; and


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Whereas, on May 3, 2000, the United States House of Representatives overwhelmingly approved the Individuals with Disabilities Education Act (IDEA) Full Funding Act (H.R. 4055) by a 421 to 3 vote; and

Whereas, the bill increased funding in $2 billion increments for the next ten years until the federal government fulfills its original obligation; and

Whereas, in September 2000, a Senate committee passed S. 2341, its version of the IDEA Full Funding Act of 2000; and

Whereas, the legislation that survived the final days of the session increases the federal percentage of funding only slightly; and

Whereas, appropriate special education services are being provided to all eligible children in the state of Minnesota; and

Whereas, Minnesota must provide substantial state funding to fill the gaps left by Congress's unfunded promise; and

Whereas, the recent increases in federal funds for schools, including the increases in special education funding, have come with substantial mandates and limitations on the use of funds; and

Whereas, during his campaign, President Bush went on record as supporting increased special education funding with the goal of meeting the federal obligation as mandated under IDEA; Now, Therefore,

Be It Resolved by the Legislature of the State of Minnesota that it memorializes Congress to pass legislation speeding up the timetable for full funding, and authorizing and appropriating the funds necessary to make good on its past promise to fund 40 percent of the cost of average per pupil expenditures.

Be It Further Resolved that the legislature urges Congress and the executive branch to end the federal policy that requires states to use additional federal funds only to increase spending and not to replace state funds already being spent. The cost of special education now forces states to subsidize special education with state and local general education funds, and the "supplement-not-supplant" policy requires that they continue this subsidy, even if federal funding for special education is increased. The federal requirement that federal funds be used only to supplement other funds obligates states and local school districts to continue to use state and local general education funds for the 40 percent of costs appropriately covered by federal funds.

Be It Further Resolved that the Secretary of State of the State of Minnesota is directed to prepare copies of this memorial and transmit them to those standing committees of the United States Senate and the United States House of Representatives with jurisdiction over education, and to Minnesota's Senators and Representatives in Congress."

Page 2, delete lines 1 to 14

With the recommendation that when so amended the bill pass.

The report was adopted.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 570, A bill for an act relating to peace officers; prescribing grounds for license revocation, suspension, or denial; removing the requirement that the peace officer standards and training board report to the legislature on the activities of the minority recruiter; repealing the law empowering council members of certain cities


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to act as peace officers to suppress riotous or disorderly conduct; amending Laws 1997, chapter 239, article 1, section 9; proposing coding for new law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2000, section 412.101.

Reported the same back with the following amendments:

Page 1, line 22, before "violation" insert "a" and after the first "of" insert "the"

Page 2, line 6, delete "disqualification" and insert "crime that would disqualify the licensee" and delete "participation" and insert "participating"

Page 2, line 9, before "eligibility" insert "maintaining" and delete "or licensure in" and insert "under"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 640, A bill for an act relating to agriculture; extending the sunset date for the farmer-lender mediation program; amending Laws 1986, chapter 398, article 1, section 18, as amended.

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. 662, A bill for an act relating to the city of Aurora; providing for the extension of the duration of a housing and redevelopment tax increment financing district in the city.

Reported the same back with the following amendments:

Page 1, line 24, after the second comma, insert "subdivision 1,"

Page 2, line 3, delete "section" and insert "sections 469.1782, subdivision 2, and"

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 701, A bill for an act relating to drug and alcohol testing; permitting the use of on-site testing under certain circumstances; amending Minnesota Statutes 2000, sections 181.950, subdivisions 5 and 8, and by adding a subdivision; 181.951, subdivision 1; 181.953, subdivisions 1, 3, 4, 5, and 7; and 181.954, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 181.

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 181.950, subdivision 5, is amended to read:

Subd. 5. [DRUG AND ALCOHOL TESTING.] "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" mean analysis of a body component sample according to the standards established under one of the programs listed in section 181.953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.

Sec. 2. Minnesota Statutes 2000, section 181.950, subdivision 8, is amended to read:

Subd. 8. [INITIAL SCREENING TEST.] "Initial screening test" means a drug or alcohol test which is either:

(1) a test that uses a method of analysis under one of the programs listed in section 181.953, subdivision 1; or

(2) an on-site test as defined in subdivision 9a.

Sec. 3. Minnesota Statutes 2000, section 181.950, is amended by adding a subdivision to read:

Subd. 9a. [ON-SITE TEST.] "On-site test" means a drug or alcohol test that:

(1) can be administered at the employer's worksite or elsewhere and does not require the involvement of a laboratory; and

(2) has been cleared by the United States Food and Drug Administration for commercial marketing under section 510(k) of the federal Food, Drug, and Cosmetic Act in the case of a drug test, or meets federal Department of Transportation guidelines as provided by Code of Federal Regulations, title 49, section 40, in the case of an alcohol test.

Sec. 4. Minnesota Statutes 2000, section 181.951, subdivision 1, is amended to read:

Subdivision 1. [LIMITATIONS ON TESTING.] (a) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized in this section.

(b) An employer may not request or require an employee or job applicant to undergo drug or alcohol testing unless the testing is done pursuant to a written drug and alcohol testing policy that contains the minimum information required in section 181.952; and, except in the case of an on-site test conducted in compliance with section 181.9535, is conducted by a testing laboratory which participates in one of the programs listed in section 181.953, subdivision 1.

(c) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing on an arbitrary and capricious basis.

Sec. 5. Minnesota Statutes 2000, section 181.952, is amended to read:

181.952 [POLICY CONTENTS; PRIOR WRITTEN NOTICE.]

Subdivision 1. [CONTENTS OF THE POLICY.] An employer's drug and alcohol testing policy must, at a minimum, set forth the following information:

(1) the employees or job applicants subject to testing under the policy;

(2) the circumstances under which drug or alcohol testing may be requested or required;


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(3) whether the employer uses on-site testing;

(4) the right of an employee or job applicant to refuse to undergo drug and alcohol testing and the consequences of refusal;

(4) (5) any disciplinary or other adverse personnel action that may be taken based on a confirmatory test verifying a positive test result on an initial screening test;

(5) (6) the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and

(6) (7) any other appeal procedures available.

Subd. 2. [NOTICE.] An employer shall provide written notice of its drug and alcohol testing policy to all affected employees upon adoption of the policy or modification of the policy, to a previously nonaffected employee upon transfer to an affected position under the policy, and to a job applicant upon hire and before any testing of the applicant if the job offer is made contingent on the applicant passing drug and alcohol testing. An employer shall also post notice in an appropriate and conspicuous location on the employer's premises that the employer has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in the employer's personnel office or other suitable locations.

Sec. 6. Minnesota Statutes 2000, section 181.953, subdivision 1, is amended to read:

Subdivision 1. [USE OF LICENSED, ACCREDITED, OR CERTIFIED LABORATORY REQUIRED.] (a) Except when conducting an on-site test in accordance with the requirements of section 181.9535, an employer who requests or requires an employee or job applicant to undergo drug or alcohol testing shall use the services of a testing laboratory that meets one of the following criteria for drug testing:

(1) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988;

(2) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or

(3) is licensed to test for drugs by the state of New York, department of health, under Public Health Law, article 5, title V, and rules adopted under that law.

(b) For alcohol testing, the laboratory must either be:

(1) licensed to test for drugs and alcohol by the state of New York, department of health, under Public Health Law, article 5, title V, and the rules adopted under that law; or

(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program.

Sec. 7. Minnesota Statutes 2000, section 181.953, subdivision 3, is amended to read:

Subd. 3. [LABORATORY TESTING, REPORTING, AND SAMPLE RETENTION REQUIREMENTS.] A testing laboratory that is not certified by the National Institute on Drug Abuse according to subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that produced a positive test result on an initial screening test. A laboratory shall disclose to the employer a written test result report for each sample tested within three working days after a negative test result on an initial screening test or, when the initial screening test produced a positive test result, within three working days after a confirmatory test. A test report must indicate the drugs, alcohol, or drug or alcohol metabolites


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tested for and whether the test produced negative or positive test results. A laboratory shall retain and properly store for at least six months all samples that produced a positive test result. For the purposes of this subdivision, a test performed by a testing laboratory on a sample that has already produced a positive result in an on-site test is a confirmatory test and not an initial screening test.

Sec. 8. Minnesota Statutes 2000, section 181.953, subdivision 4, is amended to read:

Subd. 4. [PROHIBITIONS ON EMPLOYERS.] An employer may not conduct drug or alcohol testing of its own employees and job applicants using a testing laboratory owned and operated by the employer; except that, one agency of the state may test the employees of another agency of the state. Except as provided in subdivision 9, an employer may not request or require an employee or job applicant to contribute to, or pay the cost of, drug or alcohol testing under sections 181.950 to 181.954. Nothing in this subdivision prevents an employer from conducting an on-site test that complies with the requirements of section 181.9535.

Sec. 9. Minnesota Statutes 2000, section 181.953, subdivision 5, is amended to read:

Subd. 5. [EMPLOYER CHAIN-OF-CUSTODY PROCEDURES.] An employer shall establish its own reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following:

(1) possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory or, in the case of an on-site test that produces a negative result, otherwise disposed of by the employer or other person conducting the test;

(2) the sample must always be in the possession of, must always be in view of, or must be placed in a secured area by a person authorized to handle the sample;

(3) a sample must be accompanied by a written chain-of-custody record; and

(4) individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer.

Sec. 10. Minnesota Statutes 2000, section 181.953, is amended by adding a subdivision to read:

Subd. 5a. [ADULTERATION PROHIBITED.] No employer or other party having control over a sample collected from an employee shall adulterate, tamper with, or change the chemical composition of a sample with the intent of affecting the test results. This subdivision does not prohibit any action that is taken in accordance with the manufacturer instructions of an on-site test or is performed by a laboratory in the normal course of its testing procedures.

Sec. 11. Minnesota Statutes 2000, section 181.953, subdivision 7, is amended to read:

Subd. 7. [NOTICE OF TEST RESULTS.] (a) Within three working days after receipt of a test result report from the a testing laboratory, an employer shall inform in writing an employee or job applicant who has undergone drug or alcohol testing of (1) a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test and (2) the right provided in subdivision 8. In the case of a positive test result on a confirmatory test, the employer shall also, at the time of this notice, inform the employee or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and either subdivision 10 or 11, whichever applies.

(b) No later than the first business day after an employer or other person completes an on-site test, the person shall inform an employee or job applicant who has undergone drug or alcohol testing of (1) the positive or negative result of the on-site test; and (2) in the case of a positive result, the fact that the original sample is being sent to a testing laboratory where a confirmatory test will be completed.


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(c) All information required to be given to an employee under sections 181.950 to 181.957 must be provided in the employee's predominant language, if that language is known to the employer. The employer or other person administering the test may use printed information, translators, or interpreters as appropriate to the particular circumstances.

Sec. 12. [181.9535] [ON-SITE TESTING.]

Subdivision 1. [SCOPE.] Any employer who conducts an on-site test must comply with the requirements of this section. An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result from an on-site test that does not comply with these requirements.

Subd. 2. [EMPLOYEES COVERED BY COLLECTIVE BARGAINING AGREEMENT.] On-site testing may not be used to test any employee who is covered by a collective bargaining agreement, unless the collective bargaining agreement expressly authorizes the use of on-site testing.

Subd. 3. [PERSON ADMINISTERING TEST.] An employer may use an on-site test either by conducting the test at the worksite or by having the test performed elsewhere by a person authorized by the employer to perform the test, provided that any third party performing a test on an employer's behalf must comply with the requirements of this subdivision. An on-site test may be administered only by an individual who:

(1) has been trained by the manufacturer of the test, or a trainer authorized by the manufacturer, on the proper procedure for administering the test and accurate evaluation of test results, including: instruction on the contents of the manufacturer's package insert as submitted and approved by the Food and Drug Administration; completion of the manufacturer's self-test and written examination; and performance of ten on-site tests using both negative and positive drug-fortified specimens and interpreting the results;

(2) has been certified in writing by the manufacturer or the trainer authorized by the manufacturer as competent to administer and evaluate the on-site test;

(3) has been trained by the manufacturer or the trainer authorized by the manufacturer to recognize adulteration and dilution of a sample to be used in on-site testing;

(4) has agreed in writing with the employer to hold all information related to any phase of the drug test confidential in accordance with state law; and

(5) has received information from the employer regarding the employer's drug and alcohol testing policy, the collection and handling methods to be used, and the protections available to the employee.

The person performing the test shall post, in a conspicuous location near the test site, the certification documentation provided pursuant to clause (2).

Subd. 4. [TEST TO BE CONDUCTED ACCORDING TO MANUFACTURER'S INSTRUCTIONS.] An on-site test must be conducted according to the instructions provided by the manufacturer of the testing product or products being used. If a manufacturer recommends particular procedures to maximize the reliability of the test, those practices must be followed by the employer.

Subd. 5. [COLLECTION SITE.] The employer or other person administering the on-site test must provide a safe, private, and clean site for collection of the sample. The person administering the test may not directly observe the employee or job applicant while the employee or applicant is providing the sample.

Subd. 6. [REQUIREMENTS FOR SAMPLE CONTAINER.] Employers may use on-site testing only if the testing process provides for collection of the sample using a container that:


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(1) can be securely closed by the employee once the initial screen testing process has been completed, and then cannot be opened except at the laboratory as part of a confirmatory testing process;

(2) when closed after the sample is provided, has no holes or other openings that would allow access to the sample; and

(3) is otherwise designed in such a way that the employer or person administering the test has no direct access to the sample at any time after the initial process is completed and before the sample is disposed of or the container is opened by a testing laboratory as part of a confirmatory test.

Subd. 7. [ADULTERATION TESTING BY EMPLOYER.] No employer may open or bring any substance or object in contact with any sample that has been provided by an employee in a collection device that has been closed according to the manufacturer's instructions. If a sample is tested for adulterants, the employee or applicant must be allowed to observe the procedure.

Subd. 8. [EMPLOYEE CONTROL OVER DISPOSABLE ITEMS.] If an on-site test uses any disposable, single-use equipment, such as collection containers or items used to test for adulteration of the sample, those items must be individually packaged and must remain sealed until immediately before use. With respect to any such item, the person administering the test must permit the employee to:

(1) inspect the item while it is still sealed, and observe the unsealing of the package; and

(2) observe the item at all times between when it is opened and when its use is completed.

Before any on-site testing is performed, an employer must inform an employee both orally and in writing of the employee's rights under this subdivision.

Subd. 9. [RECORDING RESULTS.] If the on-site test does not create a permanent record documenting the result, then the person administering the test must immediately document the result of the test by creating a written document describing the test result. This document must not only state whether the result was positive or negative, but must describe what was observed, such as changes in color or the appearance of marks or symbols, that led the individual administering the test to conclude that the result was positive or negative.

If the on-site test is designed to create a permanent record of the result, or if the employer creates any written record of a test result, then that record must be retained by the employer for at least three years, and a copy of the record must be available to the employee if copying is practical.

Subd. 10. [HANDLING OF SAMPLE.] The employer or other person administering the test must employ chain-of-custody procedures in compliance with section 181.953, subdivision 5, in connection with any on-site testing. If the result of an on-site test is negative, the person administering the test shall immediately dispose of the sample. If the result of an on-site test is positive, the person administering the test shall transport the original sample to a testing laboratory which shall perform a confirmatory test. In conducting the confirmatory test, the testing laboratory must comply in all respects with the requirements of section 181.953.

Subd. 11. [FREEDOM TO COLLECTIVELY BARGAIN.] The provisions of section 181.955 apply to all on-site testing and on-site testing policies of employers.

Subd. 12. [FEDERAL PREEMPTION.] The provisions of section 181.957 apply to all on-site testing and on-site testing policies of employers.

Sec. 13. Minnesota Statutes 2000, section 181.954, subdivision 1, is amended to read:

Subdivision 1. [PRIVACY LIMITATIONS.] (a) A laboratory may only disclose to the employer test result data regarding the presence or absence of drugs, alcohol, or their metabolites in a sample tested.


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(b) An employer who collects a sample from an employee to perform an on-site test may not retain or use the sample for any purpose other than determining (1) whether the sample has been adulterated; and (2) the presence or absence of drugs, alcohol, or their metabolites in that sample. Any other information the employer obtains from the process of collecting, testing, storing, or transporting the sample may not be recorded by the employer and may not be used as grounds for discipline, dismissal, or other action against an employee or prospective employee."

Delete the title and insert:

"A bill for an act relating to drug and alcohol testing; permitting and regulating on-site testing at employer worksites; amending Minnesota Statutes 2000, sections 181.950, subdivisions 5, 8, by adding a subdivision; 181.951, subdivision 1; 181.952; 181.953, subdivisions 1, 3, 4, 5, 7, by adding a subdivision; 181.954, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 181."

With the recommendation that when so amended the bill pass.

The report was adopted.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 704, A bill for an act relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel; amending Minnesota Statutes 2000, section 364.09.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 364.09, is amended to read:

364.09 [EXCEPTIONS.]

(a) This chapter does not apply to the licensing process for peace officers; to law enforcement agencies as defined in section 626.84, subdivision 1, paragraph (h); to fire protection agencies; to eligibility for a private detective or protective agent license; to the licensing and background study process under chapter 245A; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial driver training instructor license, which is governed by section 171.35 and rules adopted under that section; to emergency medical services personnel, or to the licensing by political subdivisions of taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, or 609.342 to 609.3451, or 617.23, subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued or renewed by the board of teaching or the commissioner of children, families, and learning.


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 538

(c) Nothing in this section precludes the Minnesota police and peace officers training board or the state fire marshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied or revoked by the board of medical practice pursuant to section 147.091, subdivision 1a."

With the recommendation that when so amended the bill pass.

The report was adopted.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 707, A bill for an act relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances; amending Laws 1997, chapter 239, article 4, section 15, as amended.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 711, A bill for an act relating to health; modifying summer health intern provisions; modifying provisions for grants to rural hospitals; funding the rural hospital, planning, and transition grant program; modifying student loan repayment provisions for health professionals; creating a health care technician loan forgiveness program; creating a rural hospital nurse loan forgiveness program; eliminating the sunset for medical assistance coverage of telemedicine consultations; funding rural health initiatives through the general fund; appropriating money; amending Minnesota Statutes 2000, sections 144.1464, subdivision 2; 144.147, subdivision 2; 144.148, subdivision 8; and 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 713, A bill for an act relating to human services; adding day training and habilitation services as a covered service under medical assistance; appropriating money; amending Minnesota Statutes 2000, sections 252.43; and 256B.0625, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 252.43, is amended to read:


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 539

252.43 [COMMISSIONER'S DUTIES.]

The commissioner shall supervise county boards' provision of day training and habilitation services to adults with mental retardation and related conditions. The commissioner shall:

(1) determine the need for day training and habilitation services under section 252.28;

(2) approve payment rates established by a county under section 252.46, subdivision 1;

(3) adopt rules for the administration and provision of day training and habilitation services under sections 252.40 to 252.46 and sections 245A.01 to 245A.16 and 252.28, subdivision 2;

(4) enter into interagency agreements necessary to ensure effective coordination and provision of day training and habilitation services;

(5) monitor and evaluate the costs and effectiveness of day training and habilitation services; and

(6) provide information and technical help to county boards and vendors in their administration and provision of day training and habilitation services; and

(7) authorize payment with state funds and any available federal Medicaid funds for services provided to individuals authorized under section 252.44, paragraph (a), clause (1).

Sec. 2. Minnesota Statutes 2000, section 256B.092, subdivision 5, is amended to read:

Subd. 5. [FEDERAL WAIVERS.] (a) The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation under United States Code, title 42, sections 1396 et seq., as amended, for the provision of services to persons who, in the absence of the services, would need the level of care provided in a regional treatment center or a community intermediate care facility for persons with mental retardation or related conditions. The commissioner may seek amendments to the waivers or apply for additional waivers under United States Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall ensure that payment for the cost of providing home and community-based alternative services under the federal waiver plan shall not exceed the cost of intermediate care services including day training and habilitation services that would have been provided without the waivered services.

(b) The commissioner, in administering home and community-based waivers for persons with mental retardation and related conditions, shall ensure that day services for eligible persons are not provided by the person's residential service provider, unless the person or the person's legal representative is offered a choice of providers and agrees in writing to provision of day services by the residential service provider. The individual service plan for individuals who choose to have their residential service provider provide their day services must describe how health, safety, and protection needs will be met by frequent and regular contact with persons other than the residential service provider.

Sec. 3. [FEDERAL WAIVER REQUESTS.]

The commissioner of human services shall submit to the federal Health Care Financing Administration by September 1, 2001, a request for a home and community-based services waiver for day services, including: community inclusion, supported employment, and day training and habilitation services defined in Minnesota Statutes, section 252.41, subdivision 3, clause (1), for persons eligible for the waiver under Minnesota Statutes, section 256B.092.

Sec. 4. [APPROPRIATION.]

$....... is appropriated from the general fund to the commissioner of human services for the biennium ending June 30, 2003, to implement sections 1 to 3."


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Delete the title and insert:

"A bill for an act relating to human services; providing for day training and habilitation services; requiring a waiver request; appropriating money; amending Minnesota Statutes 2000, sections 252.43; 256B.092, subdivision 5."

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.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 724, A bill for an act relating to public contracts; specifying procedures to be followed for certain professional service contracts; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 775, A bill for an act relating to human services; establishing a mediation process for day training and habilitation service variance requests; establishing a day training and habilitation rate structure pilot project; establishing county responsibilities; extending a task force; appropriating money; amending Minnesota Statutes 2000, section 252.46, by adding a subdivision; Laws 1999, chapter 152, section 4.

Reported the same back with the following amendments:

Page 2, line 24, delete "(a)"

Page 2, line 32, after the headnote insert "(a)"

Page 2, line 34, delete "subdivision 1,"

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.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 783, A bill for an act relating to crime prevention; specifying that peace officers' use of less lethal munitions does not constitute deadly force; amending Minnesota Statutes 2000, section 609.066, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 609.066, subdivision 1, is amended to read:


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 541

Subdivision 1. [DEADLY FORCE DEFINED.] For the purposes of this section, "deadly force" means force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. "Less lethal munitions" means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. "Peace officer" has the meaning given in section 626.84, subdivision 1.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective August 1, 2001."

With the recommendation that when so amended the bill pass.

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 799, A bill for an act relating to motor vehicles; authorizing special motorcycle license plate for combat wounded veteran; amending Minnesota Statutes 2000, section 168.123, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 811, A bill for an act relating to health; establishing a rural hospital capital improvement grant and loan program; appropriating money.

Reported the same back with the following amendments:

Page 1, line 15, delete "area (MUA)" and insert "community (MUC)"

Page 1, line 16, delete "practitioner" and insert "professional"

Page 1, line 21, before the period, insert ", prior to July 1, 1999"

Page 3, line 35, delete "$7,500,000" and insert "$6,000,000"

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.


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Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 845, A bill for an act relating to natural resources; modifying all-terrain vehicle safety training and youth operating provisions; amending Minnesota Statutes 2000, sections 84.925, subdivision 1; and 84.9256, subdivision 1.

Reported the same back with the following amendments:

Page 3, line 10, delete "and"

Page 3, line 12, before the period, insert "; and

(3) the person is able to reach both the handle bars and foot pegs while sitting upright on the seat of the all-terrain vehicle"

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.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 865, A bill for an act relating to criminal justice; providing for community service in lieu of criminal fines in certain instances; amending Minnesota Statutes 2000, section 609.101, subdivision 5.

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 936, A bill for an act relating to motor vehicles; authorizing special license plates for veterans who served in both World War II and the Korean Conflict; amending Minnesota Statutes 2000, section 168.123, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Tuma from the Committee on Crime Prevention to which was referred:

H. F. No. 953, A bill for an act relating to child protection; adding violations from other states to the list of offenses that constitute child abuse; amending Minnesota Statutes 2000, section 260C.007, subdivision 25.

Reported the same back with the following amendments:

Page 1, line 13, delete everything after "or" and insert "a similar law of another state, the District of Columbia, tribal lands, or United States law."

With the recommendation that when so amended the bill pass.

The report was adopted.


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Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 993, A bill for an act relating to natural resources; creating the Central Lakes trail; amending Minnesota Statutes 2000, section 85.015, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, after line 12, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective August 1, 2005."

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.

SECOND READING OF HOUSE BILLS

H. F. Nos. 12 and 47 were read for the second time.

SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Rukavina moved that the rule therein be suspended and an urgency be declared so that H. F. No. 47 be given its third reading and be placed upon its final passage. The motion prevailed.

Rukavina moved that the Rules of the House be so far suspended that H. F. No. 47 be given its third reading and be placed upon its final passage. The motion prevailed.

H. F. No. 47, A bill for an act relating to economic development; requiring a closed iron mine and related facilities to be maintained for a period of time; providing extra unemployment benefits for certain workers laid off from the LTV Mining Company; amending Minnesota Statutes 2000, section 93.003.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorn Holberg Lenczewski Osthoff Solberg
Abrams Eastlund Holsten Leppik Otremba Stanek
Anderson, B. Entenza Howes Lieder Ozment Stang
Anderson, I. Erhardt Huntley Lindner Paulsen Swapinski
Bakk Erickson Jacobson Lipman Pawlenty Swenson
Bernardy Evans Jaros Luther Paymar Sykora
Biernat Finseth Jennings Mahoney Pelowski Thompson
Bishop Folliard Johnson, J. Mares Penas Tingelstad
Boudreau Fuller Johnson, R. Mariani Peterson Tuma
Bradley Gerlach Johnson, S. Marko Pugh Vandeveer
Carlson Gleason Juhnke Marquart Rhodes Wagenius
Cassell Goodno Kahn McElroy Rifenberg Walker
Clark, J. Goodwin Kalis McGuire Rukavina Walz
Clark, K. Gray Kelliher Milbert Ruth Wasiluk

Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 544
Daggett Greiling Kielkucki Molnau Schumacher Wenzel
Davids Gunther Knoblach Mullery Seagren Westerberg
Davnie Haas Koskinen Murphy Seifert Westrom
Dawkins Hackbarth Krinkie Ness Sertich Wilkin
Dehler Harder Kubly Nornes Skoe Winter
Dempsey Hausman Kuisle Olson Skoglund Wolf
Dibble Hilstrom Larson Opatz Slawik Workman
Dorman Hilty Leighton Osskopp Smith Spk. Sviggum

Those who voted in the negative were:

Buesgens

The bill was passed and its title agreed to.

SECOND READING OF HOUSE BILLS, Continued

H. F. Nos. 274, 369, 427, 456, 640, 701, 704, 707, 724, 783, 865 and 953 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Boudreau; Tuma; Bakk; Penas; Stanek; Ruth; Hackbarth; Daggett; Eastlund; Fuller; Anderson, B.; Mulder; Cassell; Smith; Walz; Haas; Rifenberg; Clark, J.; Sertich; Rukavina; Schumacher; Wenzel; Kielkucki; Nornes; Bradley; Ozment; Skoe; Ness; Gunther; Molnau; Erickson; Harder; Workman; Davids and Howes introduced:

H. F. No. 1360, A bill for an act relating to public safety; enacting the Minnesota Citizens' Personal Protection Act of 2001; 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 2000, section 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; repealing Minnesota Statutes 2000, section 624.714, subdivisions 1, 5.

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


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 545

Workman introduced:

H. F. No. 1361, A bill for an act relating to employment; providing immunity for certain employment-related disclosures by trucking firms; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Workman introduced:

H. F. No. 1362, A bill for an act relating to employment; providing immunity for certain employment-related disclosures to intermediate care facilities for persons with mental retardation or related conditions; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Clark, K.; Hausman; Dibble; Luther; Mariani; Gray and Walker introduced:

H. F. No. 1363, A bill for an act relating to public safety; appropriating money for research to study medical use of marijuana.

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

Dibble; Dawkins; Swapinski; Mariani; Walker; Clark, K., and Jaros introduced:

H. F. No. 1364, A bill for an act relating to health; establishing an affirmative defense for a person who possesses or provides a small amount of marijuana solely for use with a debilitating medical condition; amending Minnesota Statutes 2000, section 152.027, subdivision 4.

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

Dorman, Davids and Peterson introduced:

H. F. No. 1365, A bill for an act relating to agriculture; providing grants and incentives to motor fuel retailers who install pumps and equipment to dispense cleaner fuel; requiring the state to buy and operate clean-fuel vehicles when available; requiring labeling for vehicles using clean fuel; imposing misdemeanor penalty; appropriating money; amending Minnesota Statutes 2000, sections 273.11, by adding a subdivision; 296A.07, subdivision 3; 296A.08, subdivision 2; and 297A.68, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 41A; and 239.

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

Buesgens; Krinkie; Kielkucki; Johnson, J.; Olson and Holberg introduced:

H. F. No. 1366, A bill for an act relating to education; requiring that school district contracts with teachers be structurally balanced; amending Minnesota Statutes 2000, section 179A.20, by adding a subdivision.

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


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 546

Wolf and Jennings introduced:

H. F. No. 1367, A bill for an act relating to energy; allowing owner-occupied residential housing to be served by an existing energy loan program.

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

Westerberg, Gunther, Lindner, Solberg and Davids introduced:

H. F. No. 1368, A bill for an act relating to housing; establishing a program to assist with purchases of manufactured homes; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 462A.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Leighton, Gunther, Rhodes, Jaros and Clark, K., introduced:

H. F. No. 1369, A bill for an act relating to economic security; exempting certain advisory councils from expiration; modifying requirements for the rehabilitation council for the blind; amending Minnesota Statutes 2000, sections 15.059, subdivision 5a; 248.10; and 268A.02, subdivision 2.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Dehler introduced:

H. F. No. 1370, A bill for an act relating to education finance; authorizing a school board to transfer excess revenue in the debt redemption fund to the operating capital account in the general fund; amending Minnesota Statutes 2000, sections 123B.79, subdivision 1, by adding a subdivision; 475.61, subdivision 3.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Dehler introduced:

H. F. No. 1371, A bill for an act relating to education finance; authorizing an increase in referendum authority without an election in certain circumstances; amending Minnesota Statutes 2000, section 126C.17, by adding a subdivision.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Erickson, Abeler, Entenza, Mares and Otremba introduced:

H. F. No. 1372, A bill for an act relating to education; appropriating money for electronic continual learning plans.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 547

Stanek, Tuma and Murphy introduced:

H. F. No. 1373, A bill for an act relating to government data practices; authorizing bureau of criminal apprehension to charge of fee for Internet access to criminal history data; amending Minnesota Statutes 2000, section 13.87, subdivision 1.

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

Clark, K.; Gray; Walker; Gleason and Dibble introduced:

H. F. No. 1374, A bill for an act relating to financial institutions; regulating the charging of checks to accounts; amending Minnesota Statutes 2000, section 336.4-303.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Clark, K.; Luther; Mariani; Entenza and Leighton introduced:

H. F. No. 1375, A bill for an act relating to civil actions; regulating liability for issuing dishonored checks; regulating charges, civil penalties, and time limits; modifying certain notice requirements; amending Minnesota Statutes 2000, section 332.50, subdivisions 2 and 3.

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

Abeler and Huntley introduced:

H. F. No. 1376, A bill for an act relating to human services; changing provisions for licensing background studies; amending Minnesota Statutes 2000, sections 13.46, subdivision 4; 214.104; and 245A.04, subdivisions 3a and 3d.

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

Abeler, Rhodes, Greiling, Erickson, Mares, Ness, Skoe, Goodwin and Davnie introduced:

H. F. No. 1377, A bill for an act relating to education finance; increasing and indexing the general education basic formula allowance; amending Minnesota Statutes 2000, section 126C.10, subdivision 2.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

McGuire, Sykora, Nornes, Leppik and Mulder introduced:

H. F. No. 1378, A bill for an act relating to education; appropriating money for multicounty, multitype library systems.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 548

Krinkie; Anderson, B., and Kielkucki introduced:

H. F. No. 1379, A bill for an act relating to state government; modifying state procurement provisions; amending Minnesota Statutes 2000, sections 16C.02, by adding a subdivision; 16C.03, subdivision 2; 16C.04, by adding a subdivision; 16C.05, subdivision 2; 16C.06, subdivisions 2 and 3; 16C.07; 16C.08, subdivision 4; 16C.081; 43A.047; and 574.26, subdivision 2.

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

Dibble; Davids; Swapinski; Mariani; Dawkins; Leppik; Clark, K.; Evans; Davnie; Walker and Koskinen introduced:

H. F. No. 1380, A bill for an act relating to housing; appropriating money for home ownership program using Section 8 resources.

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

Wilkin, Abeler and Huntley introduced:

H. F. No. 1381, A bill for an act relating to health and human services; changing requirements to background studies for licensed programs; amending Minnesota Statutes 2000, sections 13.46, subdivision 4; 144.057; 214.104; 241.021, subdivision 1; 245A.02, subdivisions 1, 9, and by adding a subdivision; 245A.03, subdivision 2, and by adding a subdivision; 245A.035, subdivision 1; 245A.04, subdivisions 3, 3a, 3b, 3d, 6, 11, and by adding a subdivision; 245A.06, subdivision 6; 245A.14, by adding a subdivision; and 245A.16, subdivisions 1 and 4; repealing Minnesota Rules, parts 9543.3000; 9543.3010; 9543.3020; 9543.3030; 9543.3040; 9543.3050; 9543.3060; 9543.3080; and 9543.3090.

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

Olson and Ozment introduced:

H. F. No. 1382, A bill for an act relating to natural resources; appropriating money to aerate certain lakes.

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

Workman introduced:

H. F. No. 1383, A bill for an act relating to motor vehicles; repealing restrictions on handlebar height for motorcycles and motorized bicycles; amending Minnesota Statutes 2000, section 169.974, subdivision 3.

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

Otremba introduced:

H. F. No. 1384, A bill for an act relating to agriculture; including poultry in the prompt payment requirement for livestock purchases; amending Minnesota Statutes 2000, section 31B.04.

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


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 549

Mullery, Wenzel and Gunther introduced:

H. F. No. 1385, A bill for an act relating to crime; enhancing penalties for certain crimes committed on a transit vehicle or at a bus stop; amending Minnesota Statutes 2000, sections 609.02, by adding a subdivision; 609.66, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Ozment, Howes, Tingelstad, Jennings, Holsten and Johnson, S., introduced:

H. F. No. 1386, A bill for an act relating to waters; creating a program to protect shoreland areas; appropriating money; amending Minnesota Statutes 2000, section 103F.205, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 103F.

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

Kuisle introduced:

H. F. No. 1387, A bill for an act relating to education finance; increasing the state commitment to the debt service equalization aid program by lowering the initial local levy and by increasing the equalizing factor; appropriating money; amending Minnesota Statutes 2000, sections 123B.53, subdivisions 4 and 5; and 123B.54.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Murphy, Stanek, Smith, Tuma and Skoglund introduced:

H. F. No. 1388, A bill for an act relating to corrections; requiring the commissioner of corrections to contract with the commissioner of human services for background studies of individuals providing services in secure and nonsecure juvenile residential and detention facilities; amending Minnesota Statutes 2000, section 241.021, subdivision 6.

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

Ozment, Tingelstad, Howes, Kelliher and Osthoff introduced:

H. F. No. 1389, A bill for an act relating to natural resources; providing matching funding from the general fund for private contributions to the nongame wildlife account; appropriating money; amending Minnesota Statutes 2000, sections 290.431; and 290.432.

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

Clark, K.; Mariani; Rhodes; Goodno; Davids; Pelowski; Mullery; Kelliher; Gray; Evans; Greiling; Walker; Winter; Hilstrom; Dibble; Dawkins; Murphy; Davnie and Johnson, S., introduced:

H. F. No. 1390, A bill for an act relating to employment training; establishing a demonstration training project for spoken language interpreters.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.


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Solberg; Anderson, I., and Howes introduced:

H. F. No. 1391, A resolution urging the United States Postal Service to create a postage stamp reproducing Eric Enstrom's photograph "Grace."

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

Gunther, Sertich, Stang, Davids and Walz introduced:

H. F. No. 1392, A bill for an act relating to economic development; modifying provisions of the Minnesota investment fund; amending Minnesota Statutes 2000, section 116J.8731, subdivision 2.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Workman; Holsten; Skoe; Anderson, I., and Hackbarth introduced:

H. F. No. 1393, A bill for an act relating to the environment; modifying the Waste Management Act to provide greater flexibility for counties; providing increased solid waste management assistance to counties; providing for the redistribution of SCORE funds by the commissioner of revenue; modifying requirements for preparation of solid waste management plans; repealing certificate of need requirement; clarifying certain solid waste statutes and rules; amending Minnesota Statutes 2000, sections 115A.02; 115A.03, subdivisions 25, 27, and 36a; 115A.411, subdivision 2; 115A.45; 115A.46, subdivisions 1, 2, and 5; 115A.49; 115A.51; 115A.52; 115A.54, subdivision 2a; 115A.541; 115A.55, subdivision 1; 115A.552, subdivision 2; 115A.557; 115A.908, subdivision 2; 115A.916; 115A.919, subdivision 1; 115A.93, subdivision 3; 115A.9301, subdivision 4; 115A.94, by adding a subdivision; 115B.412, by adding a subdivision; 116.02, subdivisions 1 and 9; 116.03, subdivision 2; 116.07, subdivision 4j; 297H.13, subdivision 2; 473.149, subdivision 3; and 473.811, subdivision 4a; proposing coding for new law in Minnesota Statutes, chapters 115A; and 116; repealing Minnesota Statutes 2000, sections 115A.5501; 115A.917; and 473.823, subdivision 6.

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

Tingelstad, Erickson, Koskinen, Eastlund, Smith and Davnie introduced:

H. F. No. 1394, A bill for an act relating to education; allowing public elementary and secondary school students to possess and use asthma medications; proposing coding for new law in Minnesota Statutes, chapter 121A.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Otremba, Peterson, Daggett and Finseth introduced:

H. F. No. 1395, A bill for an act relating to game and fish; modifying turtle licensing and taking provisions; amending Minnesota Statutes 2000, sections 17.47, subdivision 7; 97A.475, subdivision 41; 97C.605; and 97C.611; 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.


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Wenzel, Otremba and Winter introduced:

H. F. No. 1396, A bill for an act relating to agriculture; extending the sunset date of the dairy producers board; appropriating money; amending Minnesota Statutes 2000, sections 15.059, subdivision 5a; and 17.76, subdivision 2.

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

Tingelstad introduced:

H. F. No. 1397, A bill for an act relating to human services; changing child placement provisions; amending Minnesota Statutes 2000, sections 256.01, subdivision 2; 260C.007, subdivisions 4, 14, and by adding subdivisions; 260C.141, subdivision 2; 260C.151, subdivision 6; 260C.178, subdivisions 1 and 7; 260C.193, subdivision 3; 260C.201, subdivisions 1, 2, 5, 6, 7, 10, 11, and by adding a subdivision; 260C.205; 260C.212, subdivisions 1, 2, 4, 5, 7, 8, and 9; 260C.215, subdivision 6; 260C.301, subdivisions 1, 4, and 8; 260C.312; 260C.317, subdivision 3; and 260C.325, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 256F; repealing Minnesota Statutes 2000, sections 256E.06, subdivision 2b; 260C.325, subdivision 2; and 626.5565.

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

Dorman, Abrams, Sviggum, Pugh, Dawkins, Kuisle, Walker and Wilkin introduced:

H. F. No. 1398, A bill for an act relating to taxation; reducing the class rates applicable to certain residential rental property; adjusting the computation of homestead and agricultural credit aid to compensate taxing jurisdictions for revenue lost due to the class rate change; amending Minnesota Statutes 2000, sections 273.13, subdivision 25; and 273.1398, subdivision 1a.

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

McElroy, Murphy, Lenczewski, Pugh and Hilty introduced:

H. F. No. 1399, A bill for an act relating to taxation; expanding eligibility for the 2000 sales tax rebate; appropriating money; amending Laws 2000, chapter 490, article 1, section 2.

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

Nornes, Mares, Kielkucki, Lieder and Skoe introduced:

H. F. No. 1400, A bill for an act relating to education; providing that interest on obligations issued or agreements entered into to finance health and safety program projects are valid health and safety programs expenditures; amending Minnesota Statutes 2000, section 123B.57, subdivision 6.

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

Bakk introduced:

H. F. No. 1401, A bill for an act relating to state lands; authorizing public and private sales of certain tax-forfeited lands in Cook county.

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


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Erhardt, Lenczewski, Cassell, Kelliher, Milbert, Westerberg and Seagren introduced:

H. F. No. 1402, A bill for an act relating to property taxation; exempting homestead, agricultural, and seasonal recreational property from the general education tax; reducing property tax class rates; establishing a new homestead credit program; modifying the computation of certain school district levies; appropriating money; amending Minnesota Statutes 2000, sections 126C.13, subdivisions 1 and 2; 126C.14; 126C.17, subdivision 6, and by adding a subdivision; 273.13, subdivisions 22, 23, 24, 25, and 31; 273.1393; 275.065, subdivision 3; 275.08, subdivision 1b; and 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 127A; and 273; repealing Minnesota Statutes 2000, sections 273.13, subdivision 24a; 273.1382; and 275.08, subdivision 1e.

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

Hilstrom, Skoglund, Stanek, McGuire, Tuma and Johnson, S., introduced:

H. F. No. 1403, A bill for an act relating to crime; criminal records expungement; modifying the standard for sealing certain records; amending Minnesota Statutes 2000, section 609A.03, subdivision 5.

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

Kuisle, Ruth, Juhnke, Finseth and Kalis introduced:

H. F. No. 1404, A bill for an act relating to traffic regulations; exempting certain towed implements of husbandry from requirement to display tail lamps; making clarifying changes; amending Minnesota Statutes 2000, section 169.50, subdivision 1.

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

Gleason introduced:

H. F. No. 1405, A bill for an act relating to health; strengthening prescription drug price discrimination provisions; modifying provisions of the Nongovernmental Pharmaceutical Contracting Alliance; requiring prescription drug contracting disclosures; providing criminal penalties; appropriating money; amending Minnesota Statutes 2000, sections 16B.94; 62J.381; and 151.061.

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

Mulder introduced:

H. F. No. 1406, A bill for an act relating to health; establishing maternal death reviews; amending Minnesota Statutes 2000, section 13.3806, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 145; repealing Minnesota Statutes 2000, sections 13.3806, subdivision 19; and 145.90.

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

Mulder introduced:

H. F. No. 1407, A bill for an act relating to health; modifying the terms of certain health-related advisory councils, committees, and task forces; transferring certain enforcement authority related to the provision of funeral goods and services; modifying provisions for public health collaboration plans; modifying rural hospital


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 553

programs eligibility; repealing professional boxing regulation; amending Minnesota Statutes 2000, sections 15.059, subdivision 5a; 62J.692, subdivision 2; 62Q.03, subdivision 5a; 62Q.075; 115.741, subdivision 3; 144.147, subdivision 1; 144.148, subdivision 1; 144.1481, subdivision 1; 144.1483; 144.6905, subdivision 1; 145.881, subdivision 1; 145A.10, subdivision 10; 149A.01, by adding a subdivision; 149A.02, subdivision 14, and by adding a subdivision; 149A.11; 149A.62; 149A.71, subdivision 4; and 149A.97, subdivision 8; repealing Minnesota Statutes 2000, section 144.994.

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

Gunther; Mulder; Dorn; Leighton; Wenzel; Schumacher; Clark, J.; Swenson; Sertich; Daggett; Nornes; Ruth; Harder and Cassell introduced:

H. F. No. 1408, A bill for an act relating to rural economic development; providing funding for the rural policy and development center at Minnesota State University, Mankato; appropriating money.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Jacobson, Sertich, Hackbarth, Tingelstad, Rhodes, Marquart, Rukavina and Gunther introduced:

H. F. No. 1409, A bill for an act relating to employment; adding an alternative form for minor age certification; amending Minnesota Statutes 2000, section 181A.06, subdivision 1.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Gunther; Mulder; Dorn; Leighton; Wenzel; Schumacher; Clark, J.; Swenson; Sertich; Daggett; Nornes; Ruth and Cassell introduced:

H. F. No. 1410, A bill for an act relating to rural economic development; allowing staff of the rural policy and development center to participate in state insurance, retirement, and other plans that apply to state employees; amending Minnesota Statutes 2000, section 116J.421, subdivision 1.

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

Stanek introduced:

H. F. No. 1411, A bill for an act relating to crime prevention; retroactively repealing a provision of the predatory offender registration law and specifying the legislative intent in so doing; repealing Minnesota Statutes 2000, section 243.166, subdivision 10.

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

Boudreau, Goodno, Huntley, Abeler and Koskinen introduced:

H. F. No. 1412, A bill for an act relating to human services; providing medical assistance and alternative care reimbursement for certain employee travel costs in conjunction with services provided in the recipient's home; appropriating money; amending Minnesota Statutes 2000, sections 256B.0625, by adding a subdivision; and 256B.0913, subdivision 5.

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


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Tuma; Abeler; Smith; Larson; Pugh; Leighton; Sertich; Swenson; Workman; Ruth; Lindner; Stang; Gunther; Erhardt; Clark, K.; Bakk; Rhodes; Mulder; Walz; Ozment; Holsten; Huntley; Otremba; Ness; Gerlach; Entenza; Mullery; Mahoney; Johnson, J.; Opatz and Sykora introduced:

H. F. No. 1413, A bill for an act relating to insurance; no-fault auto; regulating basic economic loss benefits; amending Minnesota Statutes 2000, section 65B.44, subdivision 1.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Cassell, Nornes, Marquart, Westrom and Otremba introduced:

H. F. No. 1414, A bill for an act relating to higher education; providing a grant to support post-secondary outreach by Alexandria technical college; appropriating money.

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

Mares, Wenzel, Smith and Murphy introduced:

H. F. No. 1415, A bill for an act relating to retirement; Minnesota state colleges and universities; modifying annuity program provisions; amending Minnesota Statutes 2000, section 136F.45, subdivision 1a.

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

Abrams and Dorman introduced:

H. F. No. 1416, A bill for an act relating to tax administration; providing for electronic filing and paying of taxes; providing for uniform sales and use tax administration; appropriating money; amending Minnesota Statutes 2000, sections 115B.24, subdivision 2; 270.271, subdivisions 1 and 3; 270.771; 270.78; 287.12; 289A.02, by adding a subdivision; 289A.18, subdivision 4; 289A.20, subdivisions 1, 2, and 4; 289A.26, subdivision 2a; 289A.40, subdivision 2, and by adding a subdivision; 289A.60, subdivision 21; 295.55, subdivision 4; 296A.15, subdivision 7; 297A.61, subdivisions 3, 4, 7, 9, and by adding subdivisions; 297A.67, subdivisions 2, 8, and by adding a subdivision; 297A.72, subdivision 1; 297A.81; 297A.99, subdivision 9; 297E.02, subdivision 4; 297F.09, subdivision 7; 297G.09, subdivision 6; 297I.35, subdivision 2; 297I.85, subdivision 7; and 473.843, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 297A.

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

Koskinen; Lenczewski; Leighton; Goodwin; Greiling; Johnson, S.; Biernat and Peterson introduced:

H. F. No. 1417, A bill for an act relating to health; establishing minimum staffing standards for nursing facilities; requiring facilities to post information on staffing standards; requiring studies; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144A.

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


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Johnson, S.; Stanek; Holberg; Fuller; Tuma; Abeler; Biernat; Skoglund; Dawkins; Entenza and Paymar introduced:

H. F. No. 1418, A bill for an act relating to public safety; appropriating money for neighborhood-based crime victim and witness services.

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

Bradley introduced:

H. F. No. 1419, A bill for an act relating to mental health; establishing a children's mental health screening, diagnosis, and treatment demonstration project administered by the commissioner of health; requiring a report to the legislature; appropriating money.

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

Sertich, Wasiluk, Pugh and Tuma introduced:

H. F. No. 1420, A bill for an act relating to education finance; extending the school district levy for retired employee health benefits; amending Minnesota Statutes 2000, section 126C.41, subdivision 2.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Dehler, Wenzel, Schumacher and Stang introduced:

H. F. No. 1421, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 485, Royalton.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Dehler introduced:

H. F. No. 1422, A bill for an act relating to civil liability; extending immunity from liability for owners of land used for recreational purposes to certain owners of adjoining land; amending Minnesota Statutes 2000, section 604A.24.

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

Leppik, Folliard, Abrams, Wolf and Greiling introduced:

H. F. No. 1423, A bill for an act relating to education; removing pupil transportation requirements for school districts; allowing pupil transportation fees; amending Minnesota Statutes 2000, sections 123B.36, subdivision 1, and by adding a subdivision; 123B.37, subdivision 1; 123B.86, subdivisions 1, 2, and 3; 123B.88, subdivisions 1, 6, and 12; 123B.92; 124D.03, subdivision 8; 124D.10, subdivision 16; 124D.11, subdivision 2; 126C.10, subdivisions 18 and 19; repealing Minnesota Statutes 2000, sections 123B.84; 123B.88, subdivisions 2, 11, 13, 18, 20, 21, and 22; 123B.92, subdivision 9; and 123B.93.

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


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Krinkie, Buesgens, Lenczewski, Holberg and Abrams introduced:

H. F. No. 1424, A bill for an act relating to the metropolitan airports commission; requiring legislation to implement its capital improvement program; requiring legislative approval of individual capital projects over a certain amount; amending Minnesota Statutes 2000, section 473.621, subdivision 1a, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hilty, Murphy and Solberg introduced:

H. F. No. 1425, A bill for an act relating to taxation; property; changing the sales ratio study for purposes of certain state aid formulas; amending Minnesota Statutes 2000, section 273.11, subdivision 1a.

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

Fuller introduced:

H. F. No. 1426, A bill for an act relating to driving while impaired; defining terms relating to alcoholic beverage concentration; allowing persons employed in certain health-related occupations to chemically test a person for DWI-related purposes; amending Minnesota Statutes 2000, sections 169A.03, by adding subdivisions; and 169A.51, subdivision 7.

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

Fuller introduced:

H. F. No. 1427, A bill for an act relating to impaired driving; permitting the results of a preliminary screening test to be admissible in a criminal prosecution for the crime of implied consent test refusal; prohibiting certain first-time DWI offenders from receiving a shortened license revocation period; amending a definition in the plate impoundment law to allow plate impoundment for certain first-time alcohol-related license revocations; creating a gross misdemeanor penalty for violation of an alcohol-related restriction on a person's driver's license if the violation occurs while driving a motor vehicle and authorizing consecutive sentences for these violations in certain cases; amending Minnesota Statutes 2000, sections 169A.28, subdivision 2; 169A.41, subdivision 2; 169A.54, subdivision 6; 169A.60, subdivision 1; 171.09; and 609.035, subdivision 2.

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

Davids introduced:

H. F. No. 1428, A bill for an act relating to insurance; credit; regulating rates and coverages; establishing minimum anticipated loss ratios for certain policies; amending Minnesota Statutes 2000, sections 62B.04, subdivision 2, and by adding a subdivision; 62B.05; and 62B.07, subdivisions 2, 3, 4, and 5; proposing coding for new law in Minnesota Statutes, chapter 62B.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.


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Sykora, McGuire, Abeler and Slawik introduced:

H. F. No. 1429, A bill for an act relating to child care; requiring annual market rate surveys; appropriating money; amending Minnesota Statutes 2000, section 119B.13, subdivision 1.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Winter introduced:

H. F. No. 1430, A bill for an act relating to education; appropriating money for a grant to independent school district No. 175, Westbrook, for a student entrepreneurship project.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Hilty, Davids and Bakk introduced:

H. F. No. 1431, A bill for an act relating to natural resources; appropriating money for environmental learning centers.

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

Hilty, Kalis, Kubly, Gunther, Kielkucki and Juhnke introduced:

H. F. No. 1432, A bill for an act relating to agriculture; providing funding for the Minnesota institute of sustainable agriculture; appropriating money.

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

Leighton, Dawkins, Skoglund and Luther introduced:

H. F. No. 1433, A bill for an act relating to civil actions; modifying the limitations on actions based on services or construction to improve real property; amending Minnesota Statutes 2000, section 541.051, subdivisions 1, 2, and 4.

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

Juhnke and Kubly introduced:

H. F. No. 1434, A bill for an act relating to education finance; extending the metropolitan magnet school grant program statewide; appropriating money; amending Minnesota Statutes 2000, section 124D.88, subdivisions 1, 4.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Howes, Rukavina, Bakk and Fuller introduced:

H. F. No. 1435, A bill for an act relating to game and fish; establishing daily and possession limits for yellow perch; 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.


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Mulder introduced:

H. F. No. 1436, A bill for an act relating to human services; requiring wholesale drug distributors to report the best price; requiring the provision of information on the prescription drug program and prescription drug patient assistance programs; amending Minnesota Statutes 2000, sections 256.955, by adding a subdivision; and 256.975, by adding a subdivision; Laws 2000, chapter 488, article 9, section 32; proposing coding for new law in Minnesota Statutes, chapter 151.

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

Skoe and Osskopp introduced:

H. F. No. 1437, A bill for an act relating to family and early childhood education finance; modifying child care market rate survey; amending Minnesota Statutes 2000, section 119B.13, subdivision 1.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Bishop, Tuma, Murphy, Holberg, Solberg and Leighton introduced:

H. F. No. 1438, A bill for an act relating to corrections; creating a conditional release board with the authority to order the conditional release of certain older state prison inmates who have served a significant portion of their sentence and whose release does not pose a danger to the public or any individual; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Anderson, B.; Mares; Thompson; Buesgens; Osskopp; Wenzel; Dehler; Olson and Hilty introduced:

H. F. No. 1439, A bill for an act relating to the military; clarifying certain national guard eligibility and rank designation requirements; authorizing disposal of certain unused armory sites; authorizing certain armory payments; clarifying language on armory transfers; amending Minnesota Statutes 2000, sections 190.06, subdivision 1; 190.07; 193.144, subdivision 6; 193.145, subdivision 4; and 193.148.

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

Mulder introduced:

H. F. No. 1440, A bill for an act relating to health occupations; enacting the Nurse Licensure Compact; amending Minnesota Statutes 2000, section 214.10, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Slawik, McGuire and Swapinski introduced:

H. F. No. 1441, A bill for an act relating to children; appropriating money for early childhood immunization efforts.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.


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Mulder introduced:

H. F. No. 1442, A bill for an act relating to sports facilities; authorizing the department of trade and economic development to negotiate with professional sports teams; requiring a report to the legislature.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Mulder introduced:

H. F. No. 1443, A bill for an act relating to human services; requiring the commissioner of human services to implement a medication therapy management pilot program; appropriating money.

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

Wilkin, McElroy, Vandeveer, Goodno, Jacobson, Gerlach, Lenczewski and Milbert introduced:

H. F. No. 1444, A bill for an act relating to taxation; abolishing withholding taxes on wages; providing for payment of estimated taxes on wages; amending Minnesota Statutes 2000, sections 289A.09, subdivisions 1 and 2; 289A.20, subdivision 2; 289A.31, subdivision 5; 289A.38, subdivision 14; 289A.50, subdivision 3; 289A.60, subdivision 11; 290.92, subdivisions 1, 2a, 4a, 9, 12, 23, 24, 25, 26, 27, 28, and 29; and 290.9201, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 289A; repealing Minnesota Statutes 2000, sections 270B.06, subdivision 3; 289A.63, subdivision 5; and 290.92, subdivisions 3, 5, 5a, 10, 16, 19, 22, and 30.

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

Abeler, Huntley, Goodno, Boudreau, Haas and Koskinen introduced:

H. F. No. 1445, A bill for an act relating to human services; requiring registration of temporary employment agencies serving nursing facilities and imposing other requirements; requiring nursing facilities to report use of temporary employment agencies; providing rate adjustments related to use of temporary employment agencies; amending Minnesota Statutes 2000, sections 144.057; 245A.04, subdivisions 3, 3a, 3b, and 3d; and 256B.431, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 256M.

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

Smith and Dawkins introduced:

H. F. No. 1446, A bill for an act relating to family law; reforming and recodifying the law relating to marriage dissolution, child custody, child support, maintenance, and property division; making style and form changes; amending Minnesota Statutes 2000, sections 518.002; 518.003, subdivisions 1 and 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 518.09; 518.10; 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 2, 3, 5, and 6; 518.158, subdivisions 2 and 4; 518.165; 518.166; 518.167, subdivisions 3, 4, and 5; 518.168; 518.1705, subdivision 6; 518.175, subdivisions 1, 1a, 2, 3, 5, 6, 7, and 8; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, and 3; 518.176; 518.177; 518.178; 518.179, subdivision 1; 518.18; 518.24; 518.25; 518.54, subdivisions 1, 5, 6, 7, and 8; 518.55; 518.552; 518.58; 518.581; 518.582; 518.612; 518.619; 518.62; 518.64, subdivisions 1 and 2; 518.641; 518.642; 518.646; and 518.65; proposing coding for new law in Minnesota Statutes, chapters 517A; and 518; proposing coding for new law as Minnesota Statutes, chapters 517B; and 517C; repealing Minnesota Statutes 2000, sections 518.111; 518.17; 518.171; 518.185; 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 518.618; 518.6195; 518.64, subdivisions 4, 4a, and 5; and 518.66.

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


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Johnson, R.; Swenson; Skoe; Otremba; Penas and Kelliher introduced:

H. F. No. 1447, A bill for an act relating to agriculture; changing certain shell egg regulations; amending Minnesota Statutes 2000, sections 29.23, subdivisions 2, 3, and 4; and 29.237.

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

Johnson, R.; Harder; Osskopp; Dorman; Peterson; Juhnke; Swenson; Cassell; Schumacher; Penas; Kubly; Skoe; Kalis; Kahn; Kelliher; Marquart; Hausman; Wagenius and Otremba introduced:

H. F. No. 1448, A bill for an act relating to agriculture; restoring base funding for sustainable and organic foods programs; restoring funding for the dairy diagnostics program; providing funding for operation of a biological control facility; appropriating money.

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

Swapinski, Nornes, McGuire, Abeler and Mahoney introduced:

H. F. No. 1449, A bill for an act relating to early childhood; creating a grant program to increase the education and retention of child care providers and staff; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 119B.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Winter; Peterson; Otremba; Johnson, R.; Wenzel; Marquart; Kubly; Kalis and Schumacher introduced:

H. F. No. 1450, A resolution memorializing the United States Congress to immediately begin the process of repealing and rewriting the Freedom to Farm Act, putting in place improved economic safety nets designed to protect small and mid-sized agricultural producers from low commodity prices and weather-related disasters.

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

Larson, Gleason, Wilkin, Dibble and Paymar introduced:

H. F. No. 1451, A bill for an act relating to Minneapolis-St. Paul International Airport; providing for the impact of expansion of the Minneapolis-St. Paul International Airport; authorizing airport mitigation planning and the establishment of airport impact zones in the cities of Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield, and St. Paul; creating an airport impact mitigation fund in the state treasury; authorizing certain related activities by the department of trade and economic development; authorizing a metropolitan area credit enhancement program including a contingent metropolitan area property tax levy; appropriating money.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Penas, Finseth, Wasiluk, Ness, Workman, Westrom and Skoe introduced:

H. F. No. 1452, A bill for an act relating to agriculture; providing for additional turf grass research; requiring a report; appropriating money.

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

McGuire introduced:

H. F. No. 1453, A bill for an act relating to education; appropriating money for after-school enrichment grants.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


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McGuire and Slawik introduced:

H. F. No. 1454, A bill for an act relating to early childhood education; enacting the Early Childhood Care and Education Services Act; proposing coding for new law as Minnesota Statutes, chapter 119C.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Osskopp introduced:

H. F. No. 1455, A bill for an act relating to state government; modifying provisions relating to the designer selection board; amending Minnesota Statutes 2000, section 16B.33, subdivision 4.

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

McGuire and Swapinski introduced:

H. F. No. 1456, A bill for an act relating to early childhood education; expanding eligibility for school readiness programs; expanding services offered by school readiness programs; appropriating money; amending Minnesota Statutes 2000, sections 124D.15, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and by adding a subdivision; and 124D.16, subdivisions 1, 2, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Otremba; Kubly; Anderson, I.; Winter; Peterson; Juhnke; Dorn; Schumacher; Johnson, R.; Leighton; Hilty; Kalis and Davids introduced:

H. F. No. 1457, A bill for an act relating to human services; modifying the definition of gross income for MinnesotaCare; amending Minnesota Statutes 2000, section 256L.01, subdivision 4.

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

Otremba; Goodwin; Walker; Winter; Mariani; Gray; Biernat; Dibble; Opatz; Johnson, R.; Luther; Swapinski; Schumacher; Evans; Leighton; Murphy; Juhnke; Peterson; Hilstrom and Bernardy introduced:

H. F. No. 1458, A bill for an act relating to human services; expanding MinnesotaCare eligibility for single adults and households with no children; amending Minnesota Statutes 2000, sections 256L.04, subdivision 7; and 256L.07, subdivision 1.

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

Lipman introduced:

H. F. No. 1459, A bill for an act relating to state lands; authorizing conveyances and public and private sales of certain tax-forfeited lands in Washington county.

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


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 562

Otremba; Sertich; Biernat; Koskinen; Dibble; Goodwin; Mariani; Gray; Walker; Winter; Wenzel; Opatz; Folliard; Dorn; Johnson, R.; Mullery; Kubly; Swapinski; Evans; Schumacher; Leighton; Greiling; Murphy; Lenczewski; Bernardy; Juhnke and Peterson introduced:

H. F. No. 1460, A bill for an act relating to health; expanding eligibility for the prescription drug program; amending Minnesota Statutes 2000, section 256.955, subdivision 2a.

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

Marquart, Nornes, Skoe, Kalis, Wenzel, Lieder, Murphy and Kubly introduced:

H. F. No. 1461, A bill for an act relating to taxation; property; extending the maximum distance for certain agricultural property to be classified as homestead; amending Minnesota Statutes 2000, section 273.124, subdivision 14.

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

Mares, Wenzel, Smith, Pelowski and Abeler introduced:

H. F. No. 1462, A bill for an act relating to retirement; modifying teachers retirement provisions; providing for service credit purchases; permitting a transfer of funds; extending the prior service credit determination procedure; amending Minnesota Statutes 2000, sections 354.534, subdivision 1; 354.539; and 356.55, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 354 and 354B.

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

Marquart; Penas; Sertich; Johnson, R., and Wenzel introduced:

H. F. No. 1463, A bill for an act relating to education finance; increasing the marginal cost pupil unit count for districts with declining enrollment; amending Minnesota Statutes 2000, section 126C.05, subdivisions 5 and 6.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

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. 106, A bill for an act relating to agriculture; allowing certain members of the Minnesota agriculture education leadership council to designate permanent or temporary replacement members; extending the sunset date of the Minnesota agricultural education leadership council; amending Minnesota Statutes 2000, section 41D.01, subdivisions 1, 3, and 4.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 563

CONCURRENCE AND REPASSAGE

Ness moved that the House concur in the Senate amendments to H. F. No. 106 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 106, A bill for an act relating to agriculture; allowing certain members of the Minnesota agriculture education leadership council to designate permanent or temporary replacement members; extending the sunset date of the Minnesota agricultural education leadership council; amending Minnesota Statutes 2000, section 41D.01, subdivisions 1, 3, and 4.

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 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lieder Ozment Swapinski
Abrams Eastlund Howes Lindner Paulsen Swenson
Anderson, B. Entenza Huntley Lipman Pawlenty Sykora
Anderson, I. Erhardt Jacobson Luther Paymar Thompson
Bakk Erickson Jaros Mahoney Pelowski Tingelstad
Bernardy Evans Jennings Mares Penas Tuma
Biernat Finseth Johnson, J. Mariani Peterson Vandeveer
Bishop Folliard Johnson, R. Marko Pugh Wagenius
Boudreau Fuller Johnson, S. Marquart Rhodes Walker
Bradley Gerlach Juhnke McElroy Rifenberg Walz
Buesgens Gleason Kahn McGuire Rukavina Wasiluk
Carlson Goodno Kalis Milbert Ruth Wenzel
Cassell Goodwin Kelliher Molnau Schumacher Westerberg
Clark, J. Gray Kielkucki Mulder Seagren Westrom
Clark, K. Greiling Knoblach Mullery Seifert Wilkin
Daggett Gunther Koskinen Murphy Sertich Winter
Davids Haas Krinkie Ness Skoe Wolf
Davnie Hackbarth Kubly Nornes Skoglund Spk. Sviggum
Dawkins Harder Kuisle Olson Slawik
Dehler Hausman Larson Opatz Smith
Dempsey Hilstrom Leighton Osskopp Solberg
Dibble Hilty Lenczewski Osthoff Stanek
Dorman Holberg Leppik Otremba Stang

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

Mr. Speaker:

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

S. F. Nos. 741, 9, 110, 615, 327, 359, 520, 289 and 249.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 564

Mr. Speaker:

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

S. F. Nos. 417, 346, 174, 225, 456, 229, 509, 510 and 266.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 741, A bill for an act relating to Hennepin county; authorizing disaster volunteer leave; proposing coding for new law in Minnesota Statutes, chapter 383B.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

S. F. No. 9, A bill for an act relating to local government; authorizing cities to provide housing assistance to secure fire and ambulance service; proposing coding for new law in Minnesota Statutes, chapter 412.

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

S. F. No. 110, A bill for an act relating to local government; authorizing the establishment of a specific nonprofit corporation in development region eight to operate and manage the Prairieland Exposition Center.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

S. F. No. 615, A bill for an act relating to environment; repealing obsolete rules; repealing Minnesota Rules, parts 4760.0015, subpart 6; 4760.0035; 7002.0305; 9220.0100; 9220.0110; 9220.0120; 9220.0130; 9220.0140; 9220.0150; 9220.0160; 9220.0170; 9220.0180; 9220.0800; 9220.0805; 9220.0810; 9220.0815; 9220.0820; 9220.0825; 9220.0830; 9220.0835; 9220.0900; 9220.0905; 9220.0910; 9220.0915; 9220.0920; 9220.0925; 9220.0930; and 9220.0935.

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

S. F. No. 327, A bill for an act relating to towns; repealing a provision about certain male animals or breachy cattle; repealing Minnesota Statutes 2000, section 346.19.

The bill was read for the first time.

Seifert moved that S. F. No. 327 and H. F. No. 394, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 359, A bill for an act relating to health occupations; modifying licensing requirements for the board of chiropractic examiners; modifying grounds for disciplinary action and penalties; allowing specified individuals to practice chiropractic in this state without being licensed in this state; amending Minnesota Statutes 2000, sections 148.06, subdivision 1; 148.10, subdivisions 1 and 3; 148.104; 148.105, subdivision 2; and 148.106, subdivision 10; repealing Minnesota Statutes 2000, section 148.106, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, and 9.

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


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S. F. No. 520, A bill for an act relating to state observances; designating Combat Wounded Veterans 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.

S. F. No. 289, A bill for an act relating to occupations and professions; modifying licensing requirements for alcohol and drug counselors; amending Minnesota Statutes 2000, sections 148C.04, subdivisions 3, 4, and 6; and 148C.10, subdivision 1a.

The bill was read for the first time.

Mullery moved that S. F. No. 289 and H. F. No. 357, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 249, A bill for an act relating to state government; health and human services; repealing obsolete rules; amending Minnesota Statutes 2000, section 144.99, subdivision 1; repealing Minnesota Statutes 2000, section 144.495; Minnesota Rules, parts 2500.2050; 2500.2060; 2500.2070; 4620.1800; 4635.0100; 4635.0200; and 4761.1230.

The bill was read for the first time.

Seifert moved that S. F. No. 249 and H. F. No. 253, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 417, A bill for an act relating to human services; prohibiting the commissioner from using expunged records as a basis for disqualifying a person applying for a license under the department of human services licensing act; amending Minnesota Statutes 2000, section 245A.04, by adding a subdivision.

The bill was read for the first time.

Mulder moved that S. F. No. 417 and H. F. No. 127, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 346, A bill for an act relating to trusts; making changes to the uniform principal and income act; simplifying the antilapse law; amending Minnesota Statutes 2000, sections 144.225, subdivision 7; 501B.59, by adding a subdivision; 501B.60, by adding a subdivision; 501B.61, subdivision 2; 501B.62, subdivision 1; 501B.63, subdivision 2; 501B.64; 501B.68; 501B.69; and 524.6-301; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524; repealing Minnesota Statutes 2000, sections 501B.66; 501B.70; and 524.2-603.

The bill was read for the first time.

Dawkins moved that S. F. No. 346 and H. F. No. 243, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 174, A bill for an act relating to traffic regulations; allowing gross weight seasonal increase for transporting carrots; amending Minnesota Statutes 2000, section 169.825, subdivision 11.

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


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S. F. No. 225, A bill for an act relating to civil commitment; modifying the prohibition on the use of restraints; amending Minnesota Statutes 2000, section 253B.03, subdivision 1.

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

S. F. No. 456, A bill for an act relating to human services; allowing mental retardation and related conditions waiver recipients access to respite care in intermediate care facilities for persons with mental retardation and related conditions; amending Minnesota Statutes 2000, section 256B.092, by adding a subdivision.

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

S. F. No. 229, A bill for an act relating to criminal records; requiring that crime victims be notified of expungement proceedings and allowed to submit a statement; amending Minnesota Statutes 2000, section 609A.03, subdivisions 2, 3, and 4.

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

S. F. No. 509, A bill for an act relating to local government; authorizing the use of credit cards by city and town officers and employees; providing for payment of city and county obligations by electronic transfer or credit card; authorizing electronic approvals; amending Minnesota Statutes 2000, section 471.38, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 471.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

S. F. No. 510, A bill for an act relating to counties; providing a process for making certain county offices appointive; amending Minnesota Statutes 2000, sections 375A.10, subdivision 5; 375A.12, subdivision 2, and by adding a subdivision; and 382.01.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

S. F. No. 266, A bill for an act relating to government; requiring that local governmental units in the metropolitan area include consideration of the protection and development of aggregate resources in their land use plan as a part of their comprehensive plan; amending Minnesota Statutes 2000, section 473.859, subdivision 2.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bill on the Calendar for the Day, for Monday, March 5, 2001:

H. F. Nos. 871 and 239; and S. F. No. 258.


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 567

CALENDAR FOR THE DAY

H. F. No. 871, A bill for an act relating to municipalities; authorizing city purchases on credit cards; providing for personal liability for city officers and employees for unauthorized credit card purchases; proposing coding for new law in Minnesota Statutes, chapter 471.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lieder Ozment Swapinski
Abrams Eastlund Howes Lindner Paulsen Swenson
Anderson, B. Entenza Huntley Lipman Pawlenty Sykora
Anderson, I. Erhardt Jacobson Luther Paymar Thompson
Bakk Erickson Jaros Mahoney Pelowski Tingelstad
Bernardy Evans Jennings Mares Penas Tuma
Biernat Finseth Johnson, J. Mariani Peterson Vandeveer
Bishop Folliard Johnson, R. Marko Pugh Wagenius
Boudreau Fuller Johnson, S. Marquart Rhodes Walker
Bradley Gerlach Juhnke McElroy Rifenberg Walz
Buesgens Gleason Kahn McGuire Rukavina Wasiluk
Carlson Goodno Kalis Milbert Ruth Wenzel
Cassell Goodwin Kelliher Molnau Schumacher Westerberg
Clark, J. Gray Kielkucki Mulder Seagren Westrom
Clark, K. Greiling Knoblach Mullery Seifert Wilkin
Daggett Gunther Koskinen Murphy Sertich Winter
Davids Haas Krinkie Ness Skoe Wolf
Davnie Hackbarth Kubly Nornes Skoglund Workman
Dawkins Harder Kuisle Olson Slawik Spk. Sviggum
Dehler Hausman Larson Opatz Smith
Dempsey Hilstrom Leighton Osskopp Solberg
Dibble Hilty Lenczewski Osthoff Stanek
Dorman Holberg Leppik Otremba Stang

The bill was passed and its title agreed to.

H. F. No. 239, A bill for an act relating to real property; clarifying law relating to servitudes created by a common owner of multiple pieces of property; providing for filing of an amended application to register land; authorizing attorney general to represent state in certain torrens proceedings; providing for issuance of certificates of title for common elements in a condominium; permitting owners of certain land to request new certificates of title; modifying certificates of possessory title; modifying Minnesota Common Interest Ownership Act; exempting registered/torrens land from the 40 year law; amending Minnesota Statutes 2000, sections 508.09; 508.16, subdivision 1; 508.421, by adding a subdivision; 508.82, subdivision 1; 508A.01, subdivision 2; 508A.08; 508A.09; 508A.10; 508A.11, subdivisions 1 and 2; 508A.17, subdivision 1; 508A.22, subdivisions 1 and 3; 508A.25; 508A.35; 508A.351, by adding subdivisions; 508A.421, by adding a subdivision; 508A.82, subdivision 1; 508A.85, subdivision 4; 515B.1-116; 515B.3-104; 515B.3-117; and 541.023, subdivisions 1, 2, 4, 6, 7, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 507; 508; and 508A; repealing Minnesota Statutes 2000, sections 508.71, subdivision 7; 508A.22, subdivision 2; 508A.27; and 508A.351, subdivision 1.

The bill was read for the third time and placed upon its final passage.


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The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lieder Ozment Swapinski
Abrams Eastlund Howes Lindner Paulsen Swenson
Anderson, B. Entenza Huntley Lipman Pawlenty Sykora
Anderson, I. Erhardt Jacobson Luther Paymar Thompson
Bakk Erickson Jaros Mahoney Pelowski Tingelstad
Bernardy Evans Jennings Mares Penas Tuma
Biernat Finseth Johnson, J. Mariani Peterson Vandeveer
Bishop Folliard Johnson, R. Marko Pugh Wagenius
Boudreau Fuller Johnson, S. Marquart Rhodes Walker
Bradley Gerlach Juhnke McElroy Rifenberg Walz
Buesgens Gleason Kahn McGuire Rukavina Wasiluk
Carlson Goodno Kalis Milbert Ruth Wenzel
Cassell Goodwin Kelliher Molnau Schumacher Westerberg
Clark, J. Gray Kielkucki Mulder Seagren Westrom
Clark, K. Greiling Knoblach Mullery Seifert Wilkin
Daggett Gunther Koskinen Murphy Sertich Winter
Davids Haas Krinkie Ness Skoe Wolf
Davnie Hackbarth Kubly Nornes Skoglund Workman
Dawkins Harder Kuisle Olson Slawik Spk. Sviggum
Dehler Hausman Larson Opatz Smith
Dempsey Hilstrom Leighton Osskopp Solberg
Dibble Hilty Lenczewski Osthoff Stanek
Dorman Holberg Leppik Otremba Stang

The bill was passed and its title agreed to.

S. F. No. 258 was reported to the House.

Sertich moved to amend S. F. No. 258 as follows:

Page 1, delete everything after line 4, and insert:

"Whereas, the current crisis in the domestic steel industry has led to the closure of LTV Steel Mining Company and to reductions in production at most other mining facilities in Minnesota, causing job losses at mines and for vendors and resulting in hardship in communities across the entire state of Minnesota; and

Whereas, this crisis has been generated by surges in United States imports of steel, both from countries whose currencies have depreciated and from steel-producing countries that are no longer able to export steel to the countries in economic crisis; and

Whereas, foreign government trade restrictions and private restraints of trade distort international trade and investment patterns and result in burdens on United States commerce, including absorption of a disproportionate share of diverted steel trade, which ultimately have a detrimental effect on this state's economy; and

Whereas, there is a well-recognized need for improvements in the enforcement of United States trade laws to provide an effective response to these situations; Now, Therefore,


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 569

Be It Resolved by the Legislature of the State of Minnesota that it requests the President of the United States to commence immediate action to determine the entry into the customs territory of the United States of all steel products that are the product of or are manufactured in Australia, China, South Africa, Ukraine, Kazakhstan, Indonesia, India, Japan, Russia, South Korea, Mexico, or Brazil to determine whether the governments of those countries are abiding by the spirit and letter of international trade agreements with respect to imports of steel products into the United States, and take all actions necessary to enforce applicable trade agreements and laws of the United States pertaining to steel imports.

Be It Further Resolved that the Legislature requests the President of the United States to immediately impose a one-year ban on imports of all steel products that are the products of or are manufactured in Australia, China, South Africa, Ukraine, Kazakhstan, Indonesia, India, Japan, Russia, South Korea, Mexico, or Brazil if the President finds that the governments of those countries are not abiding by the spirit and letter of international trade agreements with respect to imports of steel products into the United States.

Be It Further Resolved that the Legislature requests the President of the United States to immediately consider taconite pellets produced in the United States to be an article like or directly competitive with imported semifinished steel slabs within the restrictions of section 201 of the Trade Act of 1974, United States Code, title 19, sections 2251 to 2253.

Be It Further Resolved that the Secretary of State of the State of Minnesota is directed to prepare copies of this memorial and transmit them to the President of the United States and to Minnesota's Senators and Representatives in Congress."

The motion prevailed and the amendment was adopted.

S. F. No. 258, A resolution requesting a ban on the importation of certain steel products.

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 119 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Holsten Leppik Otremba Stanek
Anderson, I. Entenza Howes Lieder Ozment Stang
Bakk Erhardt Huntley Luther Pawlenty Swapinski
Bernardy Erickson Jacobson Mahoney Paymar Swenson
Biernat Evans Jaros Mares Pelowski Sykora
Bishop Folliard Jennings Mariani Penas Thompson
Boudreau Fuller Johnson, R. Marko Peterson Tingelstad
Bradley Gerlach Johnson, S. Marquart Pugh Tuma
Carlson Gleason Juhnke McElroy Rhodes Vandeveer
Clark, J. Goodno Kahn McGuire Rukavina Wagenius
Clark, K. Goodwin Kalis Milbert Ruth Walker
Daggett Gray Kelliher Molnau Schumacher Walz
Davids Greiling Kielkucki Mullery Seagren Wasiluk
Davnie Gunther Knoblach Murphy Seifert Wenzel
Dawkins Haas Koskinen Ness Sertich Westerberg
Dehler Hackbarth Kubly Nornes Skoe Westrom
Dempsey Harder Kuisle Olson Skoglund Winter
Dibble Hausman Larson Opatz Slawik Workman
Dorman Hilstrom Leighton Osskopp Smith Spk. Sviggum
Dorn Hilty Lenczewski Osthoff Solberg


Journal of the House - 19th Day - Monday, March 5, 2001 - Top of Page 570

Those who voted in the negative were:

MulderWolf

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

MOTIONS AND RESOLUTIONS

Buesgens moved that the name of Dempsey be added as an author on H. F. No. 68. The motion prevailed.

Jaros moved that the names of Gleason, Kalis, Goodwin and Sertich be added as authors on H. F. No. 200. The motion prevailed.

Anderson, B., moved that the name of Dehler be added as an author on H. F. No. 214. The motion prevailed.

Westrom moved that the name of Marquart be added as an author on H. F. No. 362. The motion prevailed.

Goodno moved that the name of Daggett be added as an author on H. F. No. 693. The motion prevailed.

Swenson moved that the names of Kubly and Otremba be added as authors on H. F. No. 811. The motion prevailed.

Mulder moved that his name be stricken as an author on H. F. No. 911. The motion prevailed.

Olson moved that the names of Lindner and Buesgens be added as authors on H. F. No. 1028. The motion prevailed.

Mulder moved that the name of Clark, J., be added as an author on H. F. No. 1123. The motion prevailed.

Mulder moved that the name of Clark, J., be added as an author on H. F. No. 1124. The motion prevailed.

Greiling moved that the name of Johnson, S., be added as an author on H. F. No. 1154. The motion prevailed.

Tingelstad moved that the names of Hausman, Skoglund, Kuisle and Knoblach be added as authors on H. F. No. 1200. The motion prevailed.

Otremba moved that the name of Dehler be added as an author on H. F. No. 1238. The motion prevailed.

Pawlenty moved that the names of Erickson and Eastlund be added as authors on H. F. No. 1252. The motion prevailed.

Greiling moved that the name of Sykora be added as an author on H. F. No. 1265. The motion prevailed.

Anderson, I., moved that the name of Skoe be added as an author on H. F. No. 1274. The motion prevailed.

Holberg moved that the name of Hackbarth be added as an author on H. F. No. 1281. The motion prevailed.

Wolf moved that the name of Holberg be added as an author on H. F. No. 1333. The motion prevailed.

Davnie moved that the name of Dibble be added as an author on H. F. No. 1341. The motion prevailed.


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Marquart moved that the name of Cassell be added as an author on H. F. No. 1342. The motion prevailed.

Wilkin moved that his name be stricken as an author on H. F. No. 1350. The motion prevailed.

Krinkie; Rhodes; Gerlach; Anderson, B.; Gleason; Kahn; Hilty; Wolf; Buesgens; Mullery; Kielkucki; Rukavina; Kuisle; Molnau; Holberg; Wilkin; Erickson; Jacobson; Vandeveer; Osskopp; Tuma; Davids; Pawlenty; Knoblach; Sviggum; Bishop; Ozment; Pugh; Milbert; Swenson and Wenzel introduced:

House Resolution No. 7, A house resolution commemorating the life and work of Harold Stassen.

SUSPENSION OF RULES

Krinkie moved that the rules be so far suspended that House Resolution No. 7 be now considered and be placed upon its adoption. The motion prevailed.

HOUSE RESOLUTION NO. 7

A house resolution commemorating the life and work of Harold Stassen.

Whereas, Harold Edward Stassen was born on April 13, 1907, in West St. Paul, and graduated from Humboldt High School, the University of Minnesota, and the University of Minnesota Law School; and

Whereas, at the age of 23, he was elected Dakota County attorney, holding that office until 1938 while also serving as president of the Minnesota County Attorneys Association and the Young Republicans League; and

Whereas, in 1938, at the age of 31, he was elected Governor of Minnesota, the youngest governor in United States history, and as governor he promoted civil service reform and strategies for resolving labor-management disputes; and

Whereas, in 1940, he delivered the keynote address at the Republican National Convention in Philadelphia; and

Whereas, having served two terms as governor, he resigned his position in 1943 to go on active military duty during World War II and served with distinction in the South Pacific; and

Whereas, as a United States delegate to the founding conference of the United Nations in San Francisco, he was a signer of the original United Nations charter; and

Whereas, he served in the cabinet of President Dwight D. Eisenhower; and

Whereas, his many campaigns for president served to provoke thought among voters, to provide a forum for ideas, and finally to teach us the meaning of persistence and determination; and

Whereas, Harold Stassen passed away on March 4, 2001; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it mourns the passing of Harold Edward Stassen and holds his life and work in loving memory. It extends condolences to his son and daughter, his seven grandchildren, and his four great-grandchildren, and to all those who knew him.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the family of Harold Stassen.


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Krinkie moved that House Resolution No. 7 be now adopted. The motion prevailed and House Resolution No. 7 was adopted.

Pugh moved that H. F. No. 369, now on the General Register, be re-referred to the Committee on Health and Human Services Finance. The motion did not prevail.

Knoblach moved that H. F. No. 724, now on the General Register, be re-referred to the Committee on Capital Investment. The motion prevailed.

Pugh moved that H. F. No. 1120 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Taxes. The motion prevailed.

Seagren moved that H. F. No. 1136 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Koskinen moved that H. F. No. 1312 be recalled from the Committee on Commerce, Jobs and Economic Development and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

Ozment moved that H. F. No. 1318 be returned to its author. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, March 8, 2001. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, March 8, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives