Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 687

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2001

__________________

TWENTY-SECOND DAY

Saint Paul, Minnesota, Thursday, March 15, 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 the Reverend Lonnie E. Titus, House Chaplain.

"Shenandoah" was sung by the Land of Lakes Choirboys from Elk River, Minnesota, under the direction of Francis Stockwell.

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

A quorum was present.

Schumacher was excused.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 688

REPORTS OF CHIEF CLERK

S. F. No. 63 and H. F. No. 368, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Stang moved that S. F. No. 63 be substituted for H. F. No. 368 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 274 and H. F. No. 116, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Mulder moved that the rules be so far suspended that S. F. No. 274 be substituted for H. F. No. 116 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 570 and H. F. No. 252, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Seifert moved that S. F. No. 570 be substituted for H. F. No. 252 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

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

H. F. No. 23, A bill for an act relating to appropriations; authorizing and appropriating money for certain nontraditional career assistance training programs; amending Minnesota Statutes 2000, sections 256J.02, subdivision 2; and 268.0122, subdivision 2.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.

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

H. F. No. 41, A bill for an act relating to employment; appropriating money for grants to encourage women to enter nontraditional careers.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 689

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

H. F. No. 69, A bill for an act relating to motor vehicles; allocating revenues from motor vehicle sales tax; proposing amendment to Minnesota Constitution, article XIV, by adding a section to require certain portion of revenue from sales tax on motor vehicles be deposited in highway user tax distribution fund; amending Minnesota Statutes 2000, section 297B.09, subdivision 1.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 180, A bill for an act relating to tax increment financing; authorizing certain uses of tax increment revenues from an economic development district in the city of Medford.

Reported the same back with the following amendments:

Page 1, line 7, delete "DISTRICT" and insert "DISTRICTS"

Page 1, delete lines 8 to 15 and insert:

"For purposes of Minnesota Statutes, section 469.174, subdivision 27, the city of Medford is deemed to be a small city, notwithstanding its location within ten miles of a city with a population of 10,000 or more."

Amend the title as follows:

Page 1, line 3, delete "an"

Page 1, line 4, delete "district" and insert "districts"

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. 263, A bill for an act relating to community development; providing for a grant for Camp Knutson; appropriating money.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.

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

H. F. No. 285, A bill for an act relating to liens; regulating agricultural liens; revising and consolidating crop liens and agricultural liens on livestock; amending Minnesota Statutes 2000, section 514.19; proposing coding for new law in Minnesota Statutes, chapter 514; repealing Minnesota Statutes 2000, sections 514.23; 514.24; 514.25; 514.26;


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514.27; 514.28; 514.29; 514.30; 514.31; 514.32; 514.33; 514.34; 514.62; 514.63; 514.65; 514.66; 514.92; 514.950; 514.952; 514.954; 514.956; 514.958; 514.959; 514.960; 557.12; and 559.2091; Minnesota Rules, parts 8271.0010; 8271.0020; 8271.0030; 8271.0040; 8271.0050; 8271.0060; 8271.0070; 8271.0080; 8271.0090; 8271.0100; 8271.0200; 8271.0300; and 8271.0350.

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

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 400, A bill for an act relating to economic development; authorizing the establishing of tax free zones; providing tax exemptions for individuals and business entities in tax free zones; providing for repayment of tax benefits under certain circumstances; providing for the payment of state aid; appropriating money; amending Minnesota Statutes 2000, sections 272.02, by adding a subdivision; 290.01, subdivisions 19b and 29; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivision 3; 297A.68, by adding a subdivision; 297B.03; proposing coding for new law in Minnesota Statutes, chapters 469; and 477A.

Reported the same back with the following amendments:

Page 16, line 18, delete "at least three, but" and delete the comma after "ten"

Page 16, line 25, delete "may" and insert "shall"

Page 20, line 34, delete everything after "individual"

Page 20, line 35, delete everything before the second "is"

Page 23, line 33, after "city's" insert "or county's"

Page 23, line 34, delete "1998" and insert "2001"

Page 23, line 36, delete everything after "in" and insert "2001."

Page 24, delete line 1

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

The report was adopted.

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

H. F. No. 478, A bill for an act relating to education; raising awareness of issues related to student use of sympathomimetic medication; clarifying the definition of educational neglect to indicate that a parent's refusal to provide sympathomimetic medications does not constitute educational neglect; providing for a study to examine student's Ritalin use; appropriating money; amending Minnesota Statutes 2000, sections 121A.41, subdivision 10; 122A.18, by adding a subdivision; 122A.61, subdivision 1; 125A.08; 125A.09, subdivision 3; 260A.01; 260C.163, subdivision 11; 626.556, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 691

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

H. F. No. 483, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and other public improvements of a capital nature; providing for a grant to the city of Floodwood; authorizing issuance of bonds; appropriating money.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.

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

H. F. No. 518, A bill for an act relating to the city of St. Louis Park; authorizing the abolition of the firefighters' civil service commission.

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

The report was adopted.

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

H. F. No. 617, A bill for an act relating to domestic abuse; authorizing continuance of the joint domestic abuse prosecution unit in Ramsey county; appropriating money.

Reported the same back with the following amendments:

Page 2, line 11, delete "2002" and insert "2003"

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

The report was adopted.

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

H. F. No. 618, A bill for an act relating to tornado relief; providing disaster relief and other assistance for counties designated a major disaster area due to the July 25, 2000, tornado; appropriating money.

Reported the same back with the following amendments:

Page 1, line 24, delete "6,477,000" and insert "1,625,000"

Page 1, line 25, delete "7,777,000" and insert "2,925,000"

Page 2, line 38, delete "6,477,000" and insert "1,625,000"

Page 2, line 39, delete "4,000,000" and insert "400,000"


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 692

Page 3, delete lines 21 to 31

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

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

H. F. No. 643, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 2000, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 3B.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

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

H. F. No. 667, A bill for an act relating to state government; modifying certain procedures relating to administrative rules; amending Minnesota Statutes 2000, sections 14.05, subdivision 6; 14.116; and 14.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2000, section 14.05, subdivision 4; Laws 1999, chapter 129, section 6.

Reported the same back with the following amendments:

Page 1, line 27, delete "Any" and insert "A" and after "person" insert "or entity"

Page 2, line 8, delete "and"

Page 2, line 10, before the period, insert "; and

(4) the agency may not grant a variance from a statute or court order"

Page 2, line 16, delete "WAIVERS" and insert "VARIANCES"

Page 2, line 22, after "prejudice the" insert "economic or"

Page 2, line 30, after "variance" insert "under section 14.055"

Page 3, line 26, before "petition" insert "completed"

Page 3, line 34, before the period, insert "under section 14.055"

Page 3, line 35, after "inspection" insert "to the extent provided in chapter 13"


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Page 3, after line 35, insert:

"Sec. 4. [14.057] [RELATION TO OTHER LAW.]

The standards provided in section 14.055 and the procedures specified in section 14.056 do not apply to the extent that other state or federal laws authorize or require standards or procedures that are inconsistent with these sections."

Page 4, line 23, before "rulemaking" insert "amendment granting"

Page 4, delete section 5

Page 5, line 1, delete everything after "until" and insert "May 30 after the first March 1 following the vote of the committees"

Page 5, line 2, delete "session"

Page 5, line 3, delete "senate committee on committees" and insert "president of the senate"

Page 5, line 7, delete "of a quorum"

Page 6, after line 11, insert:

"Sec. 8. Minnesota Statutes 2000, section 14.19, is amended to read:

14.19 [DEADLINE TO COMPLETE RULEMAKING.]

Within 180 days after issuance of the administrative law judge's report, the agency shall submit its notice of adoption, amendment, or repeal to the State Register for publication. If the agency has not submitted its notice to the State Register within 180 days, the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28. It shall report to the legislative coordinating commission, other appropriate committees of the legislature, and the governor its failure to adopt rules and the reasons for that failure. The 180-day time limit of this section does not include: (1) any days used for review by the chief administrative law judge or the commission if the review is required by law; or (2) days during which the rule cannot be adopted, because of votes by legislative committees under section 14.126."

Page 6, line 15, delete "using,"

Page 6, line 16, delete the first comma

Page 6, line 18, delete "was" and insert "were"

Page 6, line 24, delete "may" and insert "must" and delete "any" and insert "the"

Page 6, line 25, before the period, insert "that is the subject of the petition"

Page 6, delete lines 30 to 35 and insert:

"Subd. 3. [COSTS.] (a) Except as provided in paragraphs (b) and (c), the agency must pay all office of administrative hearings costs associated with review of the petition.

(b) The petitioner must pay office of administrative hearings costs if the administrative law judge rules in favor of the agency, unless the administrative law judge determines that the petition was brought in good faith and that an assessment of costs would constitute an undue hardship for the petitioner.


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(c) A person filing a petition under this section must provide a bond to the office of administrative hearings in an amount that the administrative law judge estimates is the cost for the office of administrative hearings to review the petition. As an alternative to a bond, the petitioner may deposit cash, or another form of guarantee approved by the chief administrative law judge. If the petitioner is required under paragraph (b) to pay office of administrative hearings costs, the agency must recover these costs directly from the petitioner, or from the bond or other guarantee provided under this paragraph.

(d) A petitioner entitled to proceed in forma pauperis under section 563.01 is not required to pay office of administrative hearings costs under this subdivision, and is not required to provide a bond or other form of guarantee under paragraph (c)."

Page 7, line 23, after "rule" insert "repeal"

Page 7, line 24, delete "ot" and insert "to"

Page 7, lines 26 and 35, before "rule" insert "proposed" and after "rule" insert "repeal"

Page 8, line 1, delete "adopt" and insert "repeal"

Page 8, line 13, after "in" insert "this section or" and after "14.20" insert "or 14.22 to 14.28"

Page 8, line 25, after the period, insert "Variances granted and rules adopted under Minnesota Statutes, section 14.05, subdivision 4, remain in effect, however, and the rules may be amended."

Page 8, line 28, delete "10" and insert "11"

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 5, delete "and" and before "proposing" insert "14.19;"

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

The report was adopted.

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

H. F. No. 708, A bill for an act relating to motor vehicles; clarifying exemption from registration taxes for certain well drilling machines, pump hoists, and other equipment; amending Minnesota Statutes 2000, section 168.012, subdivision 5.

Reported the same back with the following amendments:

Page 1, delete lines 20 and 21 and insert:

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

Sec. 2. Minnesota Statutes 2000, section 169.781, subdivision 2, is amended to read:

Subd. 2. [INSPECTION REQUIRED.] (a) Except as provided in paragraph (b), it is unlawful for a person to operate or permit the operation of:

(1) a commercial motor vehicle registered in Minnesota unless; or


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(2) special mobile equipment as defined in section 168.011, subdivision 22, if it is mounted on a commercial motor vehicle chassis, including, but not limited to, a mobile crane, a water well-drilling rig, and a concrete placement pumper.

(b) A vehicle described in paragraph (a) may be operated in Minnesota only if:

(1) the vehicle displays a valid safety inspection decal issued by an inspector certified by the commissioner,; or

(2) the vehicle carries (1) (i) proof that the vehicle complies with federal motor vehicle inspection requirements for vehicles in interstate commerce, and (2) (ii) a certificate of compliance with federal requirements issued by the commissioner under subdivision 9.

Sec. 3. Minnesota Statutes 2000, section 169.781, subdivision 5, is amended to read:

Subd. 5. [INSPECTION DECAL.] (a) A person inspecting a commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected component of the vehicle complies with federal motor carrier safety regulations. The decal must state that in the month specified on the decal the vehicle was inspected and each inspected component complied with federal motor carrier safety regulations. The decal is valid for 12 months after the month specified on the decal. The commissioners of public safety and transportation shall make decals available, at a fee of not more than $2 for each decal, to persons certified to perform inspections under subdivision 3, paragraph (b).

(b) Minnesota inspection decals may be affixed only to:

(1) commercial motor vehicles bearing Minnesota-based license plates; or

(2) special mobile equipment, within the meaning of subdivision 2, paragraph (a), clause (2).

(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle unless the vehicle has one or more defects that would result in the vehicle being declared out of service under the North American Uniform Driver, Vehicle, and Hazardous Materials Out-of-Service Criteria issued by the federal highway administration and the commercial motor vehicle safety alliance. A decal issued to a vehicle described in clause (1), (2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle must clearly indicate that it is valid for two years from the date of issuance.

(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, and (3) was manufactured before 1979 that has a dual transmission system, is not required to comply with a requirement in an inspection standard that requires that the service brake system and parking brake system be separate systems in the motor vehicle."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "requiring safety inspection of special mobile equipment that is mounted on a commercial motor vehicle chassis;"

Page 1, line 5, delete "section" and insert "sections" and before the period, insert "; 169.781, subdivisions 2, 5"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 696

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

H. F. No. 757, A bill for an act relating to highways; designating a route as the King of Trails; amending Minnesota Statutes 2000, section 161.14, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 778, A bill for an act relating to commerce; regulating motor vehicle sales and distribution; specifying unfair and illegal practices by manufacturers, distributors, and factory branches; amending Minnesota Statutes 2000, section 80E.13.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Civil Law.

The report was adopted.

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

H. F. No. 850, A bill for an act relating to the environment; appropriating money for ethanol plant odor control.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATION; ETHANOL PLANT ODOR CONTROL.]

$....... in fiscal year 2002 is appropriated from the general fund to the commissioner of trade and economic development for a reimbursable grant to Gopher State Ethanol for partial funding of equipment to control odor emissions from the ethanol plant in St. Paul. This grant may be used to cover not more than one-third of the total cost of purchasing, installing, calibrating, and performance testing the odor control system. The commissioner shall release the grant amount to Gopher State Ethanol only after written notification that the city council of the city of St. Paul has, by resolution, affirmed that the odor control system has operated successfully for a period of 30 days.

Any amount of this appropriation that remains unexpended after June 30, 2003, cancels to the general fund."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 697

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 866, A bill for an act relating to local government; appropriating money to the St. Cloud area planning organization for further development of the transportation component of the St. Cloud area joint planning district plan.

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

The report was adopted.

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

H. F. No. 905, A bill for an act relating to insurance; simplifying regulation of health insurers and health maintenance organizations; establishing a task force on small business health insurance; providing appointments; amending Minnesota Statutes 2000, sections 62A.65, subdivision 5; 62D.08, by adding a subdivision; 62N.25, subdivision 7; 62Q.19, subdivision 1; and 256B.692, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62D; and 62Q; repealing Minnesota Statutes 2000, sections 62D.08, subdivision 5; 62Q.07; and 62Q.075.

Reported the same back with the following amendments:

Pages 1 to 3, delete section 1 and insert:

"ARTICLE 1

HMO COVERAGE FLEXIBILITY

Section 1. Minnesota Statutes 2000, section 62D.02, subdivision 8, is amended to read:

Subd. 8. [HEALTH MAINTENANCE CONTRACT.] "Health maintenance contract" means any contract whereby a health maintenance organization agrees to provide comprehensive health maintenance services to enrollees, provided that the contract may contain reasonable enrollee copayment cost-sharing provisions that comply with section 62D.099. An individual or group health maintenance contract may contain the copayment and deductible provisions specified in this subdivision. Copayment and deductible provisions in group contracts shall not discriminate on the basis of age, sex, race, length of enrollment in the plan, or economic status; and during every open enrollment period in which all offered health benefit plans, including those subject to the jurisdiction of the commissioners commissioner of commerce or health, fully participate without any underwriting restrictions, copayment and deductible provisions shall not discriminate on the basis of preexisting health status. In no event shall the sum of the annual copayments and deductible exceed the maximum out-of-pocket expenses allowable for a number three qualified plan under section 62E.06, nor shall that sum exceed $5,000 per family. The annual deductible must not exceed $1,000 per person. The annual deductible must not apply to preventive health services as described in Minnesota Rules, part 4685.0801, subpart 8. Where sections 62D.01 to 62D.30 permit a health maintenance organization to contain reasonable copayment provisions for preexisting health status, these provisions may vary with respect to length of enrollment in the plan. Any contract may provide for health care services in addition to those set forth in subdivision 7."

Page 3, after line 31, insert:

"Sec. 4. [62D.099] [ENROLLEE COST-SHARING.]

Subdivision 1. [COPAYMENTS.] (a) A health maintenance contract may provide for copayments that do not exceed 50 percent.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 698

(b) Notwithstanding paragraph (a), a health maintenance contract may provide for copayments that exceed 50 percent for noncovered benefits. Noncovered benefits include covered services that the enrollee elects without prior approval to receive out-of-network or from a broader network and nonformulary prescription drugs.

(c) Copayments may be expressed as percentages or flat fees as provided in Minnesota Rules, part 4685.0801.

Subd. 2. [DEDUCTIBLES.] A health maintenance contract may provide for deductibles of up to:

(1) for group contracts, $4,000 per person per year and $9,000 per family per year; or

(2) for individual contracts, $10,000 per person per year and $20,000 per family per year.

Subd. 3. [ANNUAL OUT-OF-POCKET MAXIMUMS.] A health maintenance contract may provide for an out-of-pocket maximum on enrollee cost-sharing not to exceed $10,000 per person per year on group contracts and $15,000 per person per year on individual contracts.

Subd. 4. [LIFETIME MAXIMUM BENEFITS.] A health maintenance contract may provide for a lifetime maximum benefit limit, which must not be less than $2,500,000.

Subd. 5. [EXCEPTIONS.] (a) Subdivisions 1 and 2 do not apply to the extent that another law requires lower enrollee cost-sharing for specific services than that specified in subdivisions 1 and 2 or to preventive services as defined in Minnesota Rules, part 4685.0801, subpart 8.

(b) This section does not apply to the small employer plans described in section 62L.05 or to plans described in section 62L.055.

Subd. 6. [INFLATION ADJUSTMENT.] (a) The dollar amounts stated in subdivisions 1 and 2 must be adjusted for inflation annually by the commissioner under this subdivision.

(b) The commissioner shall, no later than June 1 of each year, cause to be published in the State Register a notice stating the adjusted dollar amounts to become effective on the following January 1. If no adjustment is required under this section, the notice shall so state.

(c) The commissioner shall calculate the inflation adjustment based upon the Consumer Price Index for all urban consumers issued by the United States Bureau of Labor Statistics for the first quarter of the year in which the notice required under paragraph (b) is to be published. For purposes of this calculation, the base period is the first quarter of 2002. The dollar amounts calculated must be rounded off to the nearest $100. The first adjustment shall be made by means of a notice published in 2003."

Page 3, line 32, delete "4" and insert "5"

Page 4, delete section 5

Page 7, line 19, delete "two" and insert "three" and after "senate" insert ", including at least one member of the minority"

Page 7, line 22, delete "two" and insert "three" and after "representatives" insert ", including at least one member of the minority"

Page 7, line 24, delete "four" and insert "three"

Page 7, after line 25, insert:

"(4) one person representing small business owners, appointed by the National Federation of Independent Business;"


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 699

Page 7, line 26, delete "(4)" and insert "(5)"

Page 7, line 28, delete "(5)" and insert "(6)"

Page 7, line 29, delete "and"

Page 7, line 30, delete "(6)" and insert "(7)"

Page 7, line 31, delete the period and insert ";

(8) the commissioner of commerce or a designee; and

(9) one member of the general public, appointed by the commissioner of commerce."

Page 8, line 1, before "62Q.07" insert "and" and delete "; and 62Q.075"

Page 8, after line 4, insert:

"ARTICLE 2

TRANSFER OF REGULATORY AUTHORITY

Section 1. Minnesota Statutes 2000, section 62A.021, subdivision 1, is amended to read:

Subdivision 1. [LOSS RATIO STANDARDS.] (a) Notwithstanding section 62A.02, subdivision 3, relating to loss ratios, health care policies or certificates shall not be delivered or issued for delivery to an individual or to a small employer as defined in section 62L.02, unless the policies or certificates can be expected, as estimated for the entire period for which rates are computed to provide coverage, to return to Minnesota policyholders and certificate holders in the form of aggregate benefits not including anticipated refunds or credits, provided under the policies or certificates, (1) at least 75 percent of the aggregate amount of premiums earned in the case of policies issued in the small employer market, as defined in section 62L.02, subdivision 27, calculated on an aggregate basis; and (2) at least 65 percent of the aggregate amount of premiums earned in the case of each policy form or certificate form issued in the individual market; calculated on the basis of incurred claims experience or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis and earned premiums for the period and according to accepted actuarial principles and practices. Assessments by the reinsurance association created in chapter 62L and all types of taxes, surcharges, or assessments created by Laws 1992, chapter 549, or created on or after April 23, 1992, are included in the calculation of incurred claims experience or incurred health care expenses. The applicable percentage for policies and certificates issued in the small employer market, as defined in section 62L.02, increases by one percentage point on July 1 of each year, beginning on July 1, 1994, until an 82 percent loss ratio is reached on July 1, 2000. The applicable percentage for policy forms and certificate forms issued in the individual market increases by one percentage point on July 1 of each year, beginning on July 1, 1994, until a 72 percent loss ratio is reached on July 1, 2000. A health carrier that enters a market after July 1, 1993, does not start at the beginning of the phase-in schedule and must instead comply with the loss ratio requirements applicable to other health carriers in that market for each time period. Premiums earned and claims incurred in markets other than the small employer and individual markets are not relevant for purposes of this section.

(b) All filings of rates and rating schedules shall demonstrate that actual expected claims in relation to premiums comply with the requirements of this section when combined with actual experience to date. Filings of rate revisions shall also demonstrate that the anticipated loss ratio over the entire future period for which the revised rates are computed to provide coverage can be expected to meet the appropriate loss ratio standards, and aggregate loss ratio from inception of the policy form or certificate form shall equal or exceed the appropriate loss ratio standards.


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(c) A health carrier that issues health care policies and certificates to individuals or to small employers, as defined in section 62L.02, in this state shall file annually its rates, rating schedule, and supporting documentation including ratios of incurred losses to earned premiums by policy form or certificate form duration for approval by the commissioner according to the filing requirements and procedures prescribed by the commissioner. The supporting documentation shall also demonstrate in accordance with actuarial standards of practice using reasonable assumptions that the appropriate loss ratio standards can be expected to be met over the entire period for which rates are computed. The demonstration shall exclude active life reserves. If the data submitted does not confirm that the health carrier has satisfied the loss ratio requirements of this section, the commissioner shall notify the health carrier in writing of the deficiency. The health carrier shall have 30 days from the date of the commissioner's notice to file amended rates that comply with this section. If the health carrier fails to file amended rates within the prescribed time, the commissioner shall order that the health carrier's filed rates for the nonconforming policy form or certificate form be reduced to an amount that would have resulted in a loss ratio that complied with this section had it been in effect for the reporting period of the supplement. The health carrier's failure to file amended rates within the specified time or the issuance of the commissioner's order amending the rates does not preclude the health carrier from filing an amendment of its rates at a later time. The commissioner shall annually make the submitted data available to the public at a cost not to exceed the cost of copying. The data must be compiled in a form useful for consumers who wish to compare premium charges and loss ratios.

(d) Each sale of a policy or certificate that does not comply with the loss ratio requirements of this section is an unfair or deceptive act or practice in the business of insurance and is subject to the penalties in sections 72A.17 to 72A.32.

(e)(1) For purposes of this section, health care policies issued as a result of solicitations of individuals through the mail or mass media advertising, including both print and broadcast advertising, shall be treated as individual policies.

(2) For purposes of this section, (i) "health care policy" or "health care certificate" is a health plan as defined in section 62A.011; and (ii) "health carrier" has the meaning given in section 62A.011 and includes all health carriers delivering or issuing for delivery health care policies or certificates in this state or offering these policies or certificates to residents of this state.

(f) The loss ratio phase-in as described in paragraph (a) does not apply to individual policies and small employer policies issued by a health plan company that is assessed less than three percent of the total annual amount assessed by the Minnesota comprehensive health association. These policies must meet a 68 percent loss ratio for individual policies, a 71 percent loss ratio for small employer policies with fewer than ten employees, and a 75 percent loss ratio for all other small employer policies.

(g) The commissioners commissioner of commerce and health shall each annually issue a public report listing, by health plan company, the actual loss ratios experienced in the individual and small employer markets in this state by the health plan companies that the commissioners respectively regulate. The commissioners shall coordinate release of these reports so as to release them as a joint report or as separate reports issued the same day. The report or reports shall be released no later than June 1 for loss ratios experienced for the preceding calendar year. Health plan companies shall provide to the commissioners commissioner any information requested by the commissioners commissioner for purposes of this paragraph.

Sec. 2. Minnesota Statutes 2000, section 62D.02, subdivision 3, is amended to read:

Subd. 3. [COMMISSIONER OF HEALTH OR COMMISSIONER.] "Commissioner of health" or "Commissioner" means the state commissioner of health commerce or a designee.


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Sec. 3. Minnesota Statutes 2000, section 62D.12, subdivision 1, is amended to read:

Subdivision 1. [FALSE REPRESENTATIONS.] No health maintenance organization or representative thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. Each health maintenance organization shall be subject to sections 72A.17 to 72A.32, relating to the regulation of trade practices, except (a) to the extent that the nature of a health maintenance organization renders such sections clearly inappropriate and (b) that enforcement shall be by the commissioner of health and not by the commissioner of commerce. Every health maintenance organization shall be subject to sections 8.31 and 325F.69.

Sec. 4. Minnesota Statutes 2000, section 62D.15, subdivision 1, is amended to read:

Subdivision 1. [GROUNDS FOR SUSPENSION OR REVOCATION.] The commissioner of health may suspend or revoke any certificate of authority issued to a health maintenance organization under sections 62D.01 to 62D.30 if the commissioner finds that:

(a) (1) the health maintenance organization is operating significantly in contravention of its basic organizational document, its health maintenance contract, or in a manner contrary to that described in and reasonably inferred from any other information submitted under section 62D.03, unless amendments to such submissions have been filed with and approved by the commissioner of health;

(b) (2) the health maintenance organization issues evidences of coverage which do not comply with the requirements of section 62D.07;

(c) (3) the health maintenance organization is unable to fulfill its obligations to furnish comprehensive health maintenance services as required under its health maintenance contract;

(d) (4) the health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(e) (5) the health maintenance organization has failed to implement a mechanism affording the enrollees an opportunity to participate in matters of policy and operation under section 62D.06;

(f) (6) the health maintenance organization has failed to implement the complaint system required by section 62D.11 in a manner designed to reasonably resolve valid complaints;

(g) (7) the health maintenance organization, or any person acting with its sanction, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner;

(h) (8) the continued operation of the health maintenance organization would be hazardous to its enrollees; or

(i) (9) the health maintenance organization has otherwise failed to substantially comply with sections 62D.01 to 62D.30 or with any other statute or administrative rule applicable to health maintenance organizations, or has submitted false information in any report required hereunder.

Sec. 5. Minnesota Statutes 2000, section 62D.24, is amended to read:

62D.24 [STATE COMMISSIONER OF HEALTH'S COMMERCE'S AUTHORITY TO CONTRACT.]

The commissioner of health commerce, in carrying out the obligations under sections 62D.01 to 62D.30, may contract with the commissioner of commerce health or other qualified persons to make recommendations concerning the determinations required to be made. Such recommendations may be accepted in full or in part by the commissioner of health commerce.


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Sec. 6. Minnesota Statutes 2000, section 62E.05, subdivision 2, is amended to read:

Subd. 2. [ANNUAL REPORT.] (a) All health plan companies, as defined in section 62Q.01, shall annually report to the commissioner responsible for their regulation. The following information shall be reported to the appropriate commissioner on February 1 of each year:

(1) the number of individuals and groups who received coverage in the prior year through the qualified plans; and

(2) the number of individuals and groups who received coverage in the prior year through each of the unqualified plans sold by the company.

(b) The state of Minnesota or any of its departments, agencies, programs, instrumentalities, or political subdivisions, shall report in writing to the association and to the commissioner of commerce no later than September 15 of each year regarding the number of persons and the amount of premiums, deductibles, copayments, or coinsurance that it paid for on behalf of enrollees in the comprehensive health association. This report must contain only summary information and must not include any individually identifiable data. The report must cover the 12-month period ending the preceding June 30.

Sec. 7. Minnesota Statutes 2000, section 62E.11, subdivision 13, is amended to read:

Subd. 13. [STATE FUNDING; EFFECT ON PREMIUM RATES OF MEMBERS.] In approving the premium rates as required in sections 62A.65, subdivision 3; and 62L.08, subdivision 8, the commissioners of health and commissioner of commerce shall ensure that any appropriation to reduce the annual assessment made on the contributing members to cover the costs of the Minnesota comprehensive health insurance plan as required under this section is reflected in the premium rates charged by each contributing member.

Sec. 8. Minnesota Statutes 2000, section 62E.14, subdivision 6, is amended to read:

Subd. 6. [TERMINATION OF INDIVIDUAL POLICY OR CONTRACT.] A Minnesota resident who holds an individual health maintenance contract, individual nonprofit health service corporation contract, or an individual insurance policy previously approved by the commissioners of health or commissioner of commerce, may enroll in the comprehensive health insurance plan with a waiver of the preexisting condition as described in subdivision 3, without interruption in coverage, provided (1) no replacement coverage that meets the requirements of section 62D.121 was offered by the contributing member, and (2) the policy or contract has been terminated for reasons other than (a) nonpayment of premium; (b) failure to make copayments required by the health care plan; (c) moving out of the area served; or (d) a materially false statement or misrepresentation by the enrollee in the application for membership; and, provided further, that the option to enroll in the plan is exercised within 30 days of termination of the existing policy or contract.

Coverage allowed under this section is effective when the contract or policy is terminated and the enrollee has completed the proper application and paid the required premium or fee.

Expenses incurred from the preexisting conditions of individuals enrolled in the state plan under this subdivision must be paid by the contributing member canceling coverage as set forth in section 62E.11, subdivision 10.

The application must include evidence of termination of the existing policy or certificate as required in subdivision 1.

Sec. 9. Minnesota Statutes 2000, section 62J.041, subdivision 4, is amended to read:

Subd. 4. [MONITORING OF RESERVES.] (a) The commissioners of health and commissioner of commerce shall monitor health plan company reserves and net worth as established under chapters 60A, 62C, 62D, 62H, and 64B, with respect to the health plan companies that each commissioner respectively regulates to assess the degree to which savings resulting from the establishment of cost containment goals are passed on to consumers in the form of lower premium rates.


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(b) Health plan companies shall fully reflect in the premium rates the savings generated by the cost containment goals. No premium rate, currently reviewed by the departments of health or commissioner of commerce, may be approved for those health plan companies unless the health plan company establishes to the satisfaction of the commissioner of commerce or the commissioner of health, as appropriate, that the proposed new rate would comply with this paragraph.

(c) Health plan companies, except those licensed under chapter 60A to sell accident and sickness insurance under chapter 62A, shall annually before the end of the fourth fiscal quarter provide to the commissioner of health or commerce, as applicable, a projection of the level of reserves the company expects to attain during each quarter of the following fiscal year. These health plan companies shall submit with required quarterly financial statements a calculation of the actual reserve level attained by the company at the end of each quarter including identification of the sources of any significant changes in the reserve level and an updated projection of the level of reserves the health plan company expects to attain by the end of the fiscal year. In cases where the health plan company has been given a certificate to operate a new health maintenance organization under chapter 62D, or been licensed as a community integrated service network under chapter 62N, or formed an affiliation with one of these organizations, the health plan company shall also submit with its quarterly financial statement, total enrollment at the beginning and end of the quarter and enrollment changes within each service area of the new organization. The reserve calculations shall be maintained by the commissioners commissioner of commerce as trade secret information, except to the extent that such information is also required to be filed by another provision of state law and is not treated as trade secret information under such other provisions.

(d) Health plan companies in paragraph (c) whose reserves are less than the required minimum or more than the required maximum at the end of the fiscal year shall submit a plan of corrective action to the commissioner of health or commerce under subdivision 7.

(e) The commissioner of commerce, in consultation with the commissioner of health, shall report to the legislature no later than January 15, 1995, as to whether the concept of a reserve corridor or other mechanism for purposes of monitoring reserves is adaptable for use with indemnity health insurers that do business in multiple states and that must comply with their domiciliary state's reserves requirements.

Sec. 10. Minnesota Statutes 2000, section 62J.701, is amended to read:

62J.701 [GOVERNMENTAL PROGRAMS.]

Beginning January 1, 1999, the provisions in paragraphs (a) to (d) apply.

(a) For purposes of sections 62J.695 to 62J.80, the requirements and other provisions that apply to health plan companies also apply to governmental programs.

(b) For purposes of this section, "governmental programs" means the medical assistance program, the MinnesotaCare program, the general assistance medical care program, the state employee group insurance program, the public employees insurance program under section 43A.316, and coverage provided by political subdivisions under section 471.617.

(c) Notwithstanding paragraph (a), section 62J.72 does not apply to the fee-for-service programs under medical assistance, MinnesotaCare, and general assistance medical care.

(d) If a state commissioner or local unit of government contracts with a health plan company or a third-party administrator, the contract may assign any obligations under paragraph (a) to the health plan company or third-party administrator. Nothing in this paragraph shall be construed to remove or diminish any enforcement responsibilities of the commissioners of health or commissioner of commerce provided in sections 62J.695 to 62J.80.


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Sec. 11. Minnesota Statutes 2000, section 62J.74, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY.] The commissioners commissioner of health and commerce shall each periodically review contracts and arrangements among health care providing entities and health plan companies they regulate to determine compliance with sections 62J.70 to 62J.73. Any person may submit a contract or arrangement to the relevant commissioner for review if the person believes sections 62J.70 to 62J.73 have been violated. Any provision of a contract or arrangement found by the relevant commissioner to violate this section is null and void, and the relevant commissioner may assess civil penalties against the health plan company in an amount not to exceed $2,500 for each day the contract or arrangement is in effect, and may use the enforcement procedures otherwise available to the commissioner. All due process rights afforded under chapter 14 apply to this section.

Sec. 12. Minnesota Statutes 2000, section 62J.74, subdivision 2, is amended to read:

Subd. 2. [ASSISTANCE TO LICENSING BOARDS.] A health-related licensing board as defined under section 214.01, subdivision 2, shall submit a contract or arrangement to the relevant commissioner of commerce for review if the board believes sections 62J.70 to 62J.73 have been violated. If the commissioner determines that any provision of a contract or arrangement violates those sections, the board may take disciplinary action against any person who is licensed or regulated by the board who entered into the contract arrangement.

Sec. 13. Minnesota Statutes 2000, section 62J.75, is amended to read:

62J.75 [CONSUMER ADVISORY BOARD.]

(a) The consumer advisory board consists of 18 members appointed in accordance with paragraph (b). All members must be public, consumer members who:

(1) do not have and never had a material interest in either the provision of health care services or in an activity directly related to the provision of health care services, such as health insurance sales or health plan administration;

(2) are not registered lobbyists; and

(3) are not currently responsible for or directly involved in the purchasing of health insurance for a business or organization.

(b) The governor, the speaker of the house of representatives, and the subcommittee on committees of the committee on rules and administration of the senate shall each appoint six members. Members may be compensated in accordance with section 15.059, subdivision 3, except that members shall not receive per diem compensation or reimbursements for child care expenses.

(c) The board shall advise the commissioners of health and commissioner of commerce on the following:

(1) the needs of health care consumers and how to better serve and educate the consumers on health care concerns and recommend solutions to identified problems; and

(2) consumer protection issues in the self-insured market, including, but not limited to, public education needs.

The board also may make recommendations to the legislature on these issues.

(d) The board and this section expire June 30, 2001.


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Sec. 14. Minnesota Statutes 2000, section 62L.02, subdivision 8, is amended to read:

Subd. 8. [COMMISSIONER.] "Commissioner" means the commissioner of commerce for health carriers subject to the jurisdiction of the department of commerce or the commissioner of health for health carriers subject to the jurisdiction of the department of health, or the relevant commissioner's designated representative. For purposes of sections 62L.13 to 62L.22, "commissioner" means the commissioner of commerce or that commissioner's designated representative.

Sec. 15. Minnesota Statutes 2000, section 62L.05, subdivision 12, is amended to read:

Subd. 12. [DEMONSTRATION PROJECTS.] Nothing in this chapter prohibits a health maintenance organization from offering a demonstration project authorized under section 62D.30. The commissioner of health may approve a demonstration project which offers benefits that do not meet the requirements of a small employer plan if the commissioner finds that the requirements of section 62D.30 are otherwise met.

Sec. 16. Minnesota Statutes 2000, section 62L.08, subdivision 10, is amended to read:

Subd. 10. [RATING REPORT.] Beginning January 1, 1995, and annually thereafter, the commissioners commissioner of health and commerce shall provide a joint report to the legislature on the effect of the rating restrictions required by this section and the appropriateness of proceeding with additional rate reform. Each report must include an analysis of the availability of health care coverage due to the rating reform, the equitable and appropriate distribution of risk and associated costs, the effect on the self-insurance market, and any resulting or anticipated change in health plan design and market share and availability of health carriers.

Sec. 17. Minnesota Statutes 2000, section 62L.08, subdivision 11, is amended to read:

Subd. 11. [LOSS RATIO STANDARDS.] Notwithstanding section 62A.02, subdivision 3, relating to loss ratios, each policy or contract form used with respect to a health benefit plan offered, or issued in the small employer market, is subject, beginning July 1, 1993, to section 62A.021. The commissioner of health has, with respect to carriers under that commissioner's jurisdiction, all of the powers of the commissioner of commerce under that section.

Sec. 18. Minnesota Statutes 2000, section 62L.09, subdivision 3, is amended to read:

Subd. 3. [REENTRY PROHIBITION.] (a) Except as otherwise provided in paragraph (b), a health carrier that ceases to do business in the small employer market after July 1, 1993, is prohibited from writing new business in the small employer market in this state for a period of five years from the date of notice to the commissioner. This subdivision applies to any health maintenance organization that ceases to do business in the small employer market in one service area with respect to that service area only. Nothing in this subdivision prohibits an affiliated health maintenance organization from continuing to do business in the small employer market in that same service area.

(b) The commissioner of commerce or the commissioner of health may permit a health carrier that ceases to do business in the small employer market in this state after July 1, 1993, to begin writing new business in the small employer market if:

(1) since the carrier ceased doing business in the small employer market, legislative action has occurred that has significantly changed the effect on the carrier of its decision to cease doing business in the small employer market; and

(2) the commissioner deems it appropriate.


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Sec. 19. Minnesota Statutes 2000, section 62L.10, subdivision 4, is amended to read:

Subd. 4. [REVIEW OF PREMIUM RATES.] The commissioner shall regulate premium rates charged or proposed to be charged by all health carriers in the small employer market under section 62A.02. The commissioner of health has, with respect to carriers under that commissioner's jurisdiction, all of the powers of the commissioner of commerce under that section.

Sec. 20. Minnesota Statutes 2000, section 62L.11, subdivision 2, is amended to read:

Subd. 2. [ENFORCEMENT POWERS.] The commissioners commissioner of health and commerce each has for purposes of this chapter all of each the commissioner's respective powers under other chapters that are applicable to their respective the commissioner's duties under this chapter.

Sec. 21. Minnesota Statutes 2000, section 62M.11, is amended to read:

62M.11 [COMPLAINTS TO COMMERCE OR HEALTH.]

Notwithstanding the provisions of sections 62M.01 to 62M.16, an enrollee may file a complaint regarding a determination not to certify directly to the commissioner responsible for regulating the utilization review organization of commerce.

Sec. 22. Minnesota Statutes 2000, section 62M.16, is amended to read:

62M.16 [RULEMAKING.]

If it is determined that rules are reasonable and necessary to accomplish the purpose of sections 62M.01 to 62M.16, the rules must be adopted through a joint rulemaking process by both the department commissioner of commerce and the department of health.

Sec. 23. Minnesota Statutes 2000, section 62N.02, subdivision 4, is amended to read:

Subd. 4. [COMMISSIONER.] "Commissioner" means the commissioner of health commerce or the commissioner's designated representative.

Sec. 24. Minnesota Statutes 2000, section 62N.26, is amended to read:

62N.26 [SHARED SERVICES COOPERATIVE.]

The commissioner of health commerce shall establish, or assist in establishing, a shared services cooperative organized under chapter 308A to make available administrative and legal services, technical assistance, provider contracting and billing services, and other services to those community integrated service networks that choose to participate in the cooperative. The commissioner shall provide, to the extent funds are appropriated, start-up loans sufficient to maintain the shared services cooperative until its operations can be maintained by fees and contributions. The cooperative must not be staffed, administered, or supervised by the commissioner of health commerce. The cooperative shall make use of existing resources that are already available in the community, to the extent possible.

Sec. 25. Minnesota Statutes 2000, section 62Q.01, subdivision 2, is amended to read:

Subd. 2. [COMMISSIONER.] "Commissioner" means the commissioner of health for purposes of regulating health maintenance organizations, and community integrated service networks, or the commissioner of commerce for purposes of regulating all other health plan companies. For all other purposes, "commissioner" means the commissioner of health.


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Sec. 26. Minnesota Statutes 2000, section 62Q.03, subdivision 5a, is amended to read:

Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk adjustment system must be developed for state-run public programs, including medical assistance, general assistance medical care, and MinnesotaCare. The system must be developed in accordance with the general risk adjustment methodologies described in this section, must include factors in addition to age and sex adjustment, and may include additional demographic factors, different targeted conditions, and/or different payment amounts for conditions. The risk adjustment system for public programs must attempt to reflect the special needs related to poverty, cultural, or language barriers and other needs of the public program population.

(b) The commissioners of health and human services shall jointly convene a public programs risk adjustment work group responsible for advising the commissioners in the design of the public programs risk adjustment system. The public programs risk adjustment work group is governed by section 15.059 for purposes of membership terms, expiration, and removal of members. The work group shall meet at the discretion of the commissioners of health and human services. The commissioner of health shall work with the risk adjustment association to ensure coordination between the risk adjustment systems for the public and private sectors. The commissioner of human services shall seek any needed federal approvals necessary for the inclusion of the medical assistance program in the public programs risk adjustment system.

(c) The public programs risk adjustment work group must be representative of the persons served by publicly paid health programs and providers and health plans that meet their needs. To the greatest extent possible, the appointing authorities shall attempt to select representatives that have historically served a significant number of persons in publicly paid health programs or the uninsured. Membership of the work group shall be as follows:

(1) one provider member appointed by the Minnesota Medical Association;

(2) two provider members appointed by the Minnesota Hospital Association, at least one of whom must represent a major disproportionate share hospital;

(3) five members appointed by the Minnesota Council of HMOs, one of whom must represent an HMO with fewer than 50,000 enrollees located outside the metropolitan area and one of whom must represent an HMO with at least 50 percent of total membership enrolled through a public program;

(4) two representatives of counties appointed by the Association of Minnesota Counties;

(5) three representatives of organizations representing the interests of families, children, childless adults, and elderly persons served by the various publicly paid health programs appointed by the governor;

(6) two representatives of persons with mental health, developmental or physical disabilities, chemical dependency, or chronic illness appointed by the governor; and

(7) three public members appointed by the governor, at least one of whom must represent a community health board. The risk adjustment association may appoint a representative, if a representative is not otherwise appointed by an appointing authority.

(d) The commissioners of health and human services, with the advice of the public programs risk adjustment work group, shall develop a work plan and time frame and shall coordinate their efforts with the private sector risk adjustment association's activities and other state initiatives related to public program managed care reimbursement.

(e) Before including risk adjustment in a contract for the prepaid medical assistance program, the prepaid general assistance medical care program, or the MinnesotaCare program, the commissioner of human services shall provide to the contractor an analysis of the expected impact on the contractor of the implementation of risk adjustment. This analysis may be limited by the available data and resources, as determined by the commissioner of human services, and shall not be binding on future contract periods. This paragraph shall not apply if the contractor has not supplied information to the commissioner of human services related to the risk adjustment analysis.


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(f) The commissioner of human services shall report to the public program risk adjustment work group on the methodology the department will use for risk adjustment prior to implementation of the risk adjustment payment methodology. Upon completion of the report to the work group, the commissioner of human services shall phase in risk adjustment according to the following schedule:

(1) for the first contract year, no more than ten percent of reimbursements shall be risk adjusted; and

(2) for the second contract year, no more than 30 percent of reimbursements shall be risk adjusted.

Sec. 27. Minnesota Statutes 2000, section 62Q.075, subdivision 4, is amended to read:

Subd. 4. [REVIEW.] Upon receipt of the plan, the appropriate commissioner shall provide a copy to the local community health boards, and other relevant community organizations within the managed care organization's service area. After reviewing the plan, these community groups may submit written comments on the plan to either the commissioner of health or commerce, as applicable, and may advise the commissioner of the managed care organization's effectiveness in assisting to achieve regional public health goals. The plan may be reviewed by the county boards, or city councils acting as a local board of health in accordance with chapter 145A, within the managed care organization's service area to determine whether the plan is consistent with the goals and objectives of the plans required under chapters 145A and 256E and whether the plan meets the needs of the community. The county board, or applicable city council, may also review and make recommendations on the availability and accessibility of services provided by the managed care organization. The county board, or applicable city council, may submit written comments to the appropriate commissioner, and may advise the commissioner of the managed care organization's effectiveness in assisting to meet the needs and goals as defined under the responsibilities of chapters 145A and 256E. The commissioner of health shall develop recommendations to utilize the written comments submitted as part of the licensure process to ensure local public accountability. These recommendations shall be reported to the legislative commission on health care access by January 15, 1996. Copies of these written comments must be provided to the managed care organization. The plan and any comments submitted must be filed with the information clearinghouse to be distributed to the public.

Sec. 28. Minnesota Statutes 2000, section 62Q.106, is amended to read:

62Q.106 [DISPUTE RESOLUTION BY COMMISSIONER.]

A complainant may at any time submit a complaint to the appropriate commissioner to investigate. After investigating a complaint, or reviewing a company's decision, the appropriate commissioner may order a remedy as authorized under chapter 45, 60A, or 62D.

Sec. 29. Minnesota Statutes 2000, section 62Q.22, subdivision 2, is amended to read:

Subd. 2. [REGISTRATION.] A community health clinic that offers a prepaid option under this section must register on an annual basis with the commissioner of health.

Sec. 30. Minnesota Statutes 2000, section 62Q.22, subdivision 6, is amended to read:

Subd. 6. [INFORMATION TO BE PROVIDED.] (a) A community health clinic must provide an individual or family who purchases a prepaid option a clear and concise written statement that includes the following information:

(1) the health care services that the prepaid option covers;

(2) any exclusions or limitations on the health care services offered, including any preexisting condition limitations, cost-sharing arrangements, or prior authorization requirements;

(3) where the health care services may be obtained;


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(4) a description of the clinic's method for resolving patient complaints, including a description of how a patient can file a complaint with the department of health commissioner of commerce; and

(5) a description of the conditions under which the prepaid option may be canceled or terminated.

(b) The commissioner of health commerce must approve a copy of the written statement before the community health clinic may offer the prepaid option described in this section.

Sec. 31. Minnesota Statutes 2000, section 62Q.22, subdivision 7, is amended to read:

Subd. 7. [COMPLAINT PROCESS.] (a) A community health clinic that offers a prepaid option under this section must establish a complaint resolution process. As an alternative to establishing its own process, a community health clinic may use the complaint process of another organization.

(b) A community health clinic must make reasonable efforts to resolve complaints and to inform complainants in writing of the clinic's decision within 60 days of receiving the complaint.

(c) A community health clinic that offers a prepaid option under this section must report all complaints that are not resolved within 60 days to the commissioner of health.

Sec. 32. Minnesota Statutes 2000, section 62Q.33, subdivision 2, is amended to read:

Subd. 2. [REPORT ON SYSTEM DEVELOPMENT.] The commissioner of health, in consultation with the state community health services advisory committee and the commissioner of human services, and representatives of local health departments, county government, a municipal government acting as a local board of health, area Indian health services, health care providers, and citizens concerned about public health, shall coordinate the process for defining implementation and financing responsibilities of the local government core public health functions. The commissioner of health shall submit recommendations and an initial and final report on local government core public health functions according to the timeline established in subdivision 5.

Sec. 33. Minnesota Statutes 2000, section 62Q.49, subdivision 2, is amended to read:

Subd. 2. [DISCLOSURE REQUIRED.] (a) All health plans included in subdivision 1 must clearly specify how the cost of health care used to calculate any copayments, coinsurance, or lifetime benefits will be affected by the arrangements described in subdivision 1.

(b) Any summary or other marketing material used in connection with marketing of a health plan that is subject to this section must prominently disclose and clearly explain the provisions required under paragraph (a), if the summary or other marketing material refers to copayments, coinsurance, or maximum lifetime benefits.

(c) A health plan that is subject to paragraph (a) must not be used in this state if the commissioner of commerce or health, as appropriate, has determined that it does not comply with this section.

Sec. 34. Minnesota Statutes 2000, section 62Q.51, subdivision 3, is amended to read:

Subd. 3. [RATE APPROVAL.] The premium rates and cost sharing requirements for each option must be submitted to the commissioner of health or the commissioner of commerce as required by law. A health plan that includes lower enrollee cost sharing for services provided by network providers than for services provided by out-of-network providers, or lower enrollee cost sharing for services provided with prior authorization or second opinion than for services provided without prior authorization or second opinion, qualifies as a point-of-service option.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 710

Sec. 35. Minnesota Statutes 2000, section 62Q.525, subdivision 3, is amended to read:

Subd. 3. [REQUIRED COVERAGE.] (a) Every type of coverage included in subdivision 1 that provides coverage for drugs may not exclude coverage of a drug for the treatment of cancer on the ground that the drug has not been approved by the federal Food and Drug Administration for the treatment of cancer if the drug is recognized for treatment of cancer in one of the standard reference compendia or in one article in the medical literature, as defined in subdivision 2.

(b) Coverage of a drug required by this subdivision includes coverage of medically necessary services directly related to and required for appropriate administration of the drug.

(c) Coverage required by this subdivision does not include coverage of a drug not listed on the formulary of the coverage included in subdivision 1.

(d) Coverage of a drug required under this subdivision must not be subject to any copayment, coinsurance, deductible, or other enrollee cost-sharing greater than the coverage included in subdivision 1 applies to other drugs.

(e) The commissioner of commerce or health, as appropriate, may direct a person that issues coverage included in subdivision 1 to make payments required by this section.

Sec. 36. Minnesota Statutes 2000, section 62Q.69, subdivision 2, is amended to read:

Subd. 2. [PROCEDURES FOR FILING A COMPLAINT.] (a) A complainant may submit a complaint to a health plan company either by telephone or in writing. If a complaint is submitted orally and the resolution of the complaint, as determined by the complainant, is partially or wholly adverse to the complainant, or the oral complaint is not resolved to the satisfaction of the complainant, by the health plan company within ten days of receiving the complaint, the health plan company must inform the complainant that the complaint may be submitted in writing. The health plan company must also offer to provide the complainant with any assistance needed to submit a written complaint, including an offer to complete the complaint form for a complaint that was previously submitted orally and promptly mail the completed form to the complainant for the complainant's signature. At the complainant's request, the health plan company must provide the assistance requested by the complainant. The complaint form must include the following information:

(1) the telephone number of the office of health care consumer assistance, advocacy, and information, and the health plan company member services or other departments or persons equipped to advise complainants on complaint resolution;

(2) the address to which the form must be sent;

(3) a description of the health plan company's internal complaint procedure and the applicable time limits; and

(4) the toll-free telephone number of either the commissioner of health or commerce and notification that the complainant has the right to submit the complaint at any time to the appropriate commissioner for investigation.

(b) Upon receipt of a written complaint, the health plan company must notify the complainant within ten business days that the complaint was received, unless the complaint is resolved to the satisfaction of the complainant within the ten business days.

(c) Each health plan company must provide, in the member handbook, subscriber contract, or certification of coverage, a clear and concise description of how to submit a complaint and a statement that, upon request, assistance in submitting a written complaint is available from the health plan company.


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Sec. 37. Minnesota Statutes 2000, section 62Q.69, subdivision 3, is amended to read:

Subd. 3. [NOTIFICATION OF COMPLAINT DECISIONS.] (a) The health plan company must notify the complainant in writing of its decision and the reasons for it as soon as practical but in no case later than 30 days after receipt of a written complaint. If the health plan company cannot make a decision within 30 days due to circumstances outside the control of the health plan company, the health plan company may take up to 14 additional days to notify the complainant of its decision. If the health plan company takes any additional days beyond the initial 30-day period to make its decision, it must inform the complainant, in advance, of the extension and the reasons for the extension.

(b) If the decision is partially or wholly adverse to the complainant, the notification must inform the complainant of the right to appeal the decision to the health plan company's internal appeal process described in section 62Q.70 and the procedure for initiating an appeal.

(c) The notification must also inform the complainant of the right to submit the complaint at any time to either the commissioner of health or commerce for investigation and the toll-free telephone number of the appropriate commissioner.

Sec. 38. Minnesota Statutes 2000, section 62Q.71, is amended to read:

62Q.71 [NOTICE TO ENROLLEES.]

Each health plan company shall provide to enrollees a clear and concise description of its complaint resolution procedure, if applicable under section 62Q.68, subdivision 1, and the procedure used for utilization review as defined under chapter 62M as part of the member handbook, subscriber contract, or certificate of coverage. If the health plan company does not issue a member handbook, the health plan company may provide the description in another written document. The description must specifically inform enrollees:

(1) how to submit a complaint to the health plan company;

(2) if the health plan includes utilization review requirements, how to notify the utilization review organization in a timely manner and how to obtain certification for health care services;

(3) how to request an appeal either through the procedures described in sections 62Q.69 and 62Q.70 or through the procedures described in chapter 62M;

(4) of the right to file a complaint with either the commissioner of health or commerce at any time during the complaint and appeal process;

(5) of the toll-free telephone number of the appropriate commissioner; and

(6) of the telephone number of the office of consumer assistance, advocacy, and information; and

(7) of the right to obtain an external review under section 62Q.73 and a description of when and how that right may be exercised.

Sec. 39. Minnesota Statutes 2000, section 62Q.72, is amended to read:

62Q.72 [RECORDKEEPING; REPORTING.]

Subdivision 1. [RECORDKEEPING.] Each health plan company shall maintain records of all enrollee complaints and their resolutions. These records shall be retained for five years and shall be made available to the appropriate commissioner upon request. An insurance company licensed under chapter 60A may instead comply with section 72A.20, subdivision 30.


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Subd. 2. [REPORTING.] Each health plan company shall submit to the appropriate commissioner, as part of the company's annual filing, data on the number and type of complaints that are not resolved within 30 days, or 30 business days as provided under section 72A.201, subdivision 4, clause (3), for insurance companies licensed under chapter 60A. The commissioner shall also make this information available to the public upon request.

Sec. 40. Minnesota Statutes 2000, section 62Q.73, subdivision 3, is amended to read:

Subd. 3. [RIGHT TO EXTERNAL REVIEW.] (a) Any enrollee or anyone acting on behalf of an enrollee who has received an adverse determination may submit a written request for an external review of the adverse determination, if applicable under section 62Q.68, subdivision 1, or 62M.06, to the commissioner of health if the request involves a health plan company regulated by that commissioner or to the commissioner of commerce if the request involves a health plan company regulated by that commissioner. The written request must be accompanied by a filing fee of $25. The fee may be waived by the commissioner of health or commerce in cases of financial hardship.

(b) Nothing in this section requires the commissioner of health or commerce to independently investigate an adverse determination referred for independent external review.

(c) If an enrollee requests an external review, the health plan company must participate in the external review. The cost of the external review in excess of the filing fee described in paragraph (a) shall be borne by the health plan company.

Sec. 41. Minnesota Statutes 2000, section 62Q.73, subdivision 4, is amended to read:

Subd. 4. [CONTRACT.] Pursuant to a request for proposal, the commissioner of administration, in consultation with the commissioners of health and commissioner of commerce, shall contract with an organization or business entity to provide independent external reviews of all adverse determinations submitted for external review. The contract shall ensure that the fees for services rendered in connection with the reviews be reasonable.

Sec. 42. Minnesota Statutes 2000, section 62Q.73, subdivision 5, is amended to read:

Subd. 5. [CRITERIA.] (a) The request for proposal must require that the entity demonstrate:

(1) no conflicts of interest in that it is not owned, a subsidiary of, or affiliated with a health plan company or utilization review organization;

(2) an expertise in dispute resolution;

(3) an expertise in health-related law;

(4) an ability to conduct reviews using a variety of alternative dispute resolution procedures depending upon the nature of the dispute;

(5) an ability to provide data to the commissioners of health and commissioner of commerce on reviews conducted; and

(6) an ability to ensure confidentiality of medical records and other enrollee information.

(b) The commissioner of administration shall take into consideration, in awarding the contract according to subdivision 4, any national accreditation standards that pertain to an external review entity.


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Sec. 43. Minnesota Statutes 2000, section 62Q.73, subdivision 6, is amended to read:

Subd. 6. [PROCESS.] (a) Upon receiving a request for an external review, the external review entity must provide immediate notice of the review to the enrollee and to the health plan company. Within ten business days of receiving notice of the review, the health plan company and the enrollee must provide the external review entity with any information that they wish to be considered. Each party shall be provided an opportunity to present its version of the facts and arguments. An enrollee may be assisted or represented by a person of the enrollee's choice.

(b) As part of the external review process, any aspect of an external review involving a medical determination must be performed by a health care professional with expertise in the medical issue being reviewed.

(c) An external review shall be made as soon as practical but in no case later than 40 days after receiving the request for an external review and must promptly send written notice of the decision and the reasons for it to the enrollee, the health plan company, and the commissioner who is responsible for regulating the health plan company.

Sec. 44. Minnesota Statutes 2000, section 62R.04, subdivision 5, is amended to read:

Subd. 5. [COMMISSIONER.] Unless otherwise specified, "commissioner" means the commissioner of health for a health care network cooperative licensed under chapter 62D or 62N and the commissioner of commerce for a health care network cooperative licensed under chapter 62C.

Sec. 45. Minnesota Statutes 2000, section 62R.06, subdivision 1, is amended to read:

Subdivision 1. [PROVIDER CONTRACTS.] A health provider cooperative and its licensed members may execute marketing and service contracts requiring the provider members to provide some or all of their health care services through the provider cooperative to the enrollees, members, subscribers, or insureds, of a health care network cooperative, community integrated service network, nonprofit health service plan, health maintenance organization, accident and health insurance company, or any other purchaser, including the state of Minnesota and its agencies, instruments, or units of local government. Each purchasing entity is authorized to execute contracts for the purchase of health care services from a health provider cooperative in accordance with this section. A contract between a provider cooperative and a purchaser may provide for payment by the purchaser to the health provider cooperative on a capitated or similar risk-sharing basis, by fee-for-service arrangements, or by other financial arrangements authorized under state law. Each contract between a provider cooperative and a purchaser shall be filed by the provider network cooperative with the commissioner of health commerce and is subject to the provisions of section 62D.19.

Sec. 46. Minnesota Statutes 2000, section 62T.01, subdivision 4, is amended to read:

Subd. 4. [COMMISSIONER.] "Commissioner" means the commissioner of health commerce.

Sec. 47. Minnesota Statutes 2000, section 256B.692, subdivision 2, is amended to read:

Subd. 2. [DUTIES OF THE COMMISSIONER OF HEALTH COMMERCE.] (a) Notwithstanding chapters 62D and 62N, a county that elects to purchase medical assistance and general assistance medical care in return for a fixed sum without regard to the frequency or extent of services furnished to any particular enrollee is not required to obtain a certificate of authority under chapter 62D or 62N. The county board of commissioners is the governing body of a county-based purchasing program. In a multicounty arrangement, the governing body is a joint powers board established under section 471.59.

(b) A county that elects to purchase medical assistance and general assistance medical care services under this section must satisfy the commissioner of health commerce that the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or chapter 62N, applicable to community integrated service networks, will be met.


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(c) A county must also assure the commissioner of health commerce that the requirements of sections 62J.041; 62J.48; 62J.71 to 62J.73; 62M.01 to 62M.16; all applicable provisions of chapter 62Q, including sections 62Q.07; 62Q.075; 62Q.1055; 62Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43; 62Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.64; 62Q.68 to 62Q.72; and 72A.201 will be met.

(d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62M, 62N, and 62Q are hereby granted to the commissioner of health commerce with respect to counties that purchase medical assistance and general assistance medical care services under this section.

(e) The commissioner, in consultation with county government, shall develop administrative and financial reporting requirements for county-based purchasing programs relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and 62N.31, and other sections as necessary, that are specific to county administrative, accounting, and reporting systems and consistent with other statutory requirements of counties.

Sec. 48. Minnesota Statutes 2000, section 256B.692, subdivision 7, is amended to read:

Subd. 7. [DISPUTE RESOLUTION.] In the event the commissioner rejects a proposal under subdivision 6, the county board may request the recommendation of a three-person mediation panel. The commissioner shall resolve all disputes after taking into account the recommendations of the mediation panel. The panel shall be composed of one designee of the president of the association of Minnesota counties, one designee of the commissioner of human services, and one designee of the commissioner of health commerce.

Sec. 49. [TRANSFER OF REGULATORY AUTHORITY; CERTAIN HEALTH-RELATED ORGANIZATIONS.]

(a) Regulatory authority for health maintenance organizations operating under Minnesota Statutes, chapter 62D; community integrated service networks, as defined in Minnesota Statutes, section 62N.02, subdivision 4a; health care cooperatives operating under Minnesota Statutes, chapter 62R; and health care purchasing alliances and accountable provider networks operating under Minnesota Statutes, chapter 62T, is transferred from the commissioner of health to the commissioner of commerce effective January 1, 2002.

(b) Minnesota Statutes, section 15.039, applies to the transfer provided in paragraph (a).

Sec. 50. [REVISOR INSTRUCTION.]

The revisor of statutes shall change the term "commissioner of health" and similar references to "commissioner of commerce" and change the term "department of health" and similar references to "department of commerce" in Minnesota Statutes, chapters 62D, but not section 62D.02, subdivision 12; 62E; and 62N."

Delete the title and insert:

"A bill for an act relating to insurance; simplifying regulation of health insurers and health maintenance organizations; transferring regulatory authority of certain health-related organizations; establishing a task force on small business; providing appointments; amending Minnesota Statutes 2000, sections 62A.021, subdivision 1; 62D.02, subdivisions 3, 8; 62D.08, by adding a subdivision; 62D.12, subdivision 1; 62D.15, subdivision 1; 62D.24; 62E.05, subdivision 2; 62E.11, subdivision 13; 62E.14, subdivision 6; 62J.041, subdivision 4; 62J.701; 62J.74, subdivisions 1, 2; 62J.75; 62L.02, subdivision 8; 62L.05, subdivision 12; 62L.08, subdivisions 10, 11; 62L.09, subdivision 3; 62L.10, subdivision 4; 62L.11, subdivision 2; 62M.11; 62M.16; 62N.02, subdivision 4; 62N.25, subdivision 7; 62N.26; 62Q.01, subdivision 2; 62Q.03, subdivision 5a; 62Q.075, subdivision 4; 62Q.106; 62Q.19, subdivision 1; 62Q.22, subdivisions 2, 6, 7; 62Q.33, subdivision 2; 62Q.49, subdivision 2; 62Q.51, subdivision 3; 62Q.525, subdivision 3; 62Q.69, subdivisions 2, 3; 62Q.71; 62Q.72; 62Q.73, subdivisions 3, 4, 5, 6; 62R.04,


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 715

subdivision 5; 62R.06, subdivision 1; 62T.01, subdivision 4; 256B.692, subdivisions 2, 7; proposing coding for new law in Minnesota Statutes, chapter 62D; repealing Minnesota Statutes 2000, sections 62D.08, subdivision 5; 62Q.07."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Policy.

The report was adopted.

Mares from the Committee on Education Policy to which was referred:

H. F. No. 915, A bill for an act relating to education; requiring recitation of the pledge of allegiance in all public schools; amending Minnesota Statutes 2000, section 121A.11, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 20, after the period, insert:

"(c) A school board that waives the recitation of the pledge of allegiance under paragraph (a) may adopt a local policy regarding the recitation of the pledge of allegiance."

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. 927, A bill for an act relating to transportation; proposing amendment to Minnesota Constitution, article XIV, by adding a section to require 32 percent of motor vehicle sales tax proceeds be deposited in highway user tax distribution fund; and appropriating money to improve transit, reduce traffic congestion, and enhance interregional corridors.

Reported the same back with the following amendments:

Page 2, line 7, after "to" insert "bus"

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

The report was adopted.

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

H. F. No. 935, A bill for an act relating to civil actions; clarifying the immunity from liability for persons rendering certain emergency care; amending Minnesota Statutes 2000, section 604A.01, subdivision 2.

Reported the same back with the following amendments:


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 716

Page 2, line 16, delete the first "and" and insert "or"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 962, A bill for an act relating to county hospitals; providing for their borrowing authority; establishing a uniform approach to governmental hospital borrowing; modernizing hospital board membership criteria; amending Minnesota Statutes 2000, sections 376.06, subdivision 1; 376.07; 376.08, subdivisions 1 and 2; and 376.09.

Reported the same back with the following amendments:

Page 2, line 13, strike "hospital association" and insert "nonprofit or governmental hospital organization"

Page 3, line 7, delete "hospital association" and insert "nonprofit or governmental hospital organization"

Page 3, line 11, delete "However, any"

Page 3, lines 12 to 18, delete the new language and strike the old language and insert "Financing for any project under this section is governed by other law, including sections 373.40 and 447.45 and chapter 475."

Page 3, line 27, after "including" insert "public or nonprofit"

Page 4, line 26, after "a" insert "nonprofit or governmental" and delete "association" and insert "organization"

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.

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

H. F. No. 967, A bill for an act relating to health; permitting schools to sponsor potluck events; amending Minnesota Statutes 2000, section 157.22.

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

The report was adopted.

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

H. F. No. 990, A bill for an act relating to capital investment; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of St. Paul for community center facilities associated with a new armory; authorizing issuance of bonds; appropriating money.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 717

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

H. F. No. 1002, A bill for an act relating to the agricultural utilization resource institute; providing for an additional member on the board of directors; amending Minnesota Statutes 2000, section 116O.09, subdivision 1a.

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.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1041, A bill for an act relating to tax increment financing; authorizing its use for workforce development purposes; providing for limitations; proposing coding for new law in Minnesota Statutes, chapter 469.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

Mares from the Committee on Education Policy to which was referred:

H. F. No. 1046, A bill for an act relating to education; notifying schools of student possession of drug paraphernalia; amending Minnesota Statutes 2000, section 121A.28.

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

The report was adopted.

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

H. F. No. 1053, A bill for an act relating to insurance; revising certain provisions involving state regulation of private health coverage; transferring certain regulatory control; establishing requirements for managed care plans; amending Minnesota Statutes 2000, sections 61B.19, subdivision 2; 61B.20, subdivisions 10 and 13; 62A.021, subdivision 1; 62A.041, subdivisions 1 and 2; 62A.042; 62A.043, subdivision 1; 62A.105; 62A.14; 62A.149, subdivision 1; 62A.15, subdivision 1; 62A.152, subdivision 1; 62A.153; 62A.20; 62A.21; 62A.615; 62A.616; 62A.65, subdivision 5; 62D.02, subdivisions 3 and 8; 62D.12, subdivisions 1 and 1a; 62D.15, subdivision 1; 62D.24; 62E.02, subdivision 4; 62E.05, subdivision 2; 62E.11, subdivision 13; 62E.14, subdivision 6; 62E.16; 62J.041, subdivision 4; 62J.701; 62J.74, subdivisions 1 and 2; 62J.75; 62L.02, subdivision 8; 62L.05, subdivision 12; 62L.08, subdivisions 10 and 11; 62L.09, subdivision 3; 62L.10, subdivision 4; 62L.11, subdivision 2; 62L.12, subdivision 2; 62M.11; 62M.16; 62N.02, subdivision 4; 62N.26; 62Q.01, subdivision 2; 62Q.03, subdivision 5a; 62Q.07; 62Q.075, subdivisions 1, 2, and 4; 62Q.106; 62Q.22, subdivisions 2, 6, and 7; 62Q.32; 62Q.33, subdivision 2; 62Q.49, subdivision 2; 62Q.51, subdivision 3; 62Q.525, subdivision 3; 62Q.68, subdivision 1; 62Q.69, subdivisions 2 and 3; 62Q.71; 62Q.72; 62Q.73, subdivisions 3, 4, 5, and 6; 62R.04, subdivision 5; 62R.06, subdivision 1; 62T.01, subdivision 4; 256B.692, subdivisions 2, 4, and 7; 257.34, subdivision 1; and 471.617, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 62U; repealing Minnesota Statutes 2000, sections 62A.049; 62A.21, subdivision 3; 62C.14, subdivisions 5, 5a, 5b, and 14; 62C.142; 62D.09, subdivision 3; 62D.101; 62D.105; 62D.12, subdivision 19; 62D.123, subdivisions 2, 3, and 4; 62D.124; 62D.181; 62E.03; 62E.04, subdivisions 1, 2,


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3, 4, 5, 6, and 7; 62E.05; 62Q.095; 62Q.10; and 62Q.45; Minnesota Rules, parts 4685.0801, subpart 7; 4685.1010; 4685.1105; 4685.1100; 4685.1115; 4685.1120; 4685.1125; 4685.1130; 4685.1300; 4685.1900; 4685.2000; and 4685.2200, subpart 3.

Reported the same back with the following amendments:

Page 4, line 15, after the period, insert ""Health plan company" does not include an employer with respect to a self-insured employee health benefit plan organized and offered by the employer to its employees under the Federal Employee Retirement Income Security Act of 1974, and this chapter does not apply to those plans."

Page 5, line 2, after the period, insert "A health plan is not a managed care plan if the financial incentive to use certain health care providers is solely the difference in the obligation of the enrollee to pay for the balance of charges after the health plan company has paid its usual and customary charges."

Page 5, line 4, delete "or implied"

Page 5, line 17, after the second "state" insert ", except that this chapter does not apply to health plan companies whose annual Minnesota private health premium revenues are less than five percent of the total annual Minnesota private health premium revenues, as measured by the assessment base of the Minnesota comprehensive health association. For purposes of this percentage calculation, a health plan company's premiums include the Minnesota private health premium revenues of its affiliates"

Page 5, line 29, after the period, insert "Existing managed care plans are deemed approved if the health plan company has previously demonstrated to either the commissioner of health or the commissioner of commerce that the managed care plan complies with this chapter."

Page 6, line 12, after "application" insert "consistent with the provisions of this chapter"

Page 6, line 20, before "A" insert "(a)" and after "A" insert "group"

Page 6, line 24, after the period, insert:

"(b) An individual managed care plan must comply with the benefit requirements that apply to an insurance company licensed under chapter 60A and need not comply with additional or different benefit requirements that apply to companies licensed under chapter 62C, 62D, or 62N.

(c)"

Page 7, line 4, delete "unreasonable,"

Page 7, line 5, delete "unfair, or misleading" and insert "unjust, unfair, or inequitable, as provided in section 62A.02, subdivision 3,"

Page 7, after line 7, insert:

"(e) Exclusions of and limitations on the services required under subdivision 1 are permitted at least to the extent described in Minnesota Rules, part 4685.0700, subparts 3 and 4. Variations on those exclusions and limitations may be requested under paragraph (a)."

Page 8, line 19, delete "without limitation" and insert "with respect to this chapter"

Page 8, delete lines 20 and 21 and insert:

"(3) provide that the delegated functions must be carried out in a manner consistent with state law."


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Page 8, line 23, after "functions" insert a comma and delete "agreement" and insert "delegatee is not subject to the enforcement authority of the commissioner."

Page 8, delete line 24

Page 9, line 32, after "persons" insert "under the managed care plan"

Page 10, line 14, after "providers," insert "purchasers,"

Page 15, line 16, after "enrollees" insert "in the managed care plan's service area"

Page 15, line 29, delete the paragraph coding and delete "(1)"

Page 15, line 34, delete "; and" and insert a period

Page 15, delete lines 35 and 36

Page 16, delete lines 1 and 2

Page 19, line 30, delete "The" and insert "This paragraph applies to a" and delete "shall arrange" and insert "that arranges"

Page 19, line 31, after "of" insert "assigned or selected"

Page 21, delete lines 24 to 36

Page 22, line 1, delete "(c)" and insert "(b)"

Page 22, line 6, delete "(d)" and insert "(c)"

Page 22, line 11, delete "(e)" and insert "(d)"

Page 22, line 16, delete "(f)" and insert "(e)"

Page 22, line 24, delete "(g)" and insert "(f)"

Page 22, line 28, delete "(h)" and insert "(g)"

Page 22, line 32, delete "(i)" and insert "(h)"

Page 22, line 35, delete "(j)" and insert "(i)"

Page 23, line 12, after the period, insert "The 25 percent copayment limitation of Minnesota Rules, part 4685.0700, subpart 3, item A, subitem (3), unit (b); and part 4685.0801, subparts 1 and 2, do not apply to a managed care plan that complies with this subdivision."

Page 23, line 15, delete "$1,000" and insert "$5,000"

Page 23, line 16, delete "$5,000" and insert "$10,000"

Page 24, line 14, delete "4685.1100" and insert "4685.1110"

Page 24, line 18, after "to" insert "12, 16, and"


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 720

Page 24, line 19, after the period, insert "Sections 13 to 15 are effective January 1, 2004, and apply to managed care plans issued or renewed on or after that date."

Pages 24 to 26, delete sections 1 to 3

Page 33, line 20, after "network" insert "in the managed care service area"

Pages 33 and 34, delete section 12

Pages 48 to 50, delete sections 35 to 37

Page 61, delete section 60

Page 62, delete section 62

Page 63, after line 6, insert:

"Sec. 56. [STUDY AND REPORT.]

The commissioner of health shall study and report to the legislature, no later than January 1, 2004, on premium cost, subscriber liability, and health outcomes under different types of health plan regulation by the state. The commissioner shall use data available to the commissioner under Minnesota Statutes, section 62J.38, and otherwise. The reports must be submitted to the legislature in compliance with Minnesota Statutes, section 3.195."

Page 63, line 8, delete everything after "sections"

Page 63, line 9, delete everything before "62Q.095"

Page 63, line 12, delete "65" and insert "57"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, delete everything after "sections"

Page 1, line 7, delete everything before "62A.021"

Page 1, line 14, delete "62E.02, subdivision 4;"

Page 1, line 23, delete "62Q.075, subdivisions 1, 2, and 4;"

Page 1, line 30, delete "2, 4, and 7;" and insert "2 and 7; and"

Page 1, line 31, delete everything after the first semicolon

Page 1, delete line 38

Page 1, line 39, delete "6, and 7; 62E.05;"

Page 1, line 41, delete "4685.1100;" and insert "4685.1110;"

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.


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Abrams from the Committee on Taxes to which was referred:

H. F. No. 1077, A bill for an act relating to taxation; aggregate removal; extending the tax to counties that vote to impose the tax; increasing the rate of tax; amending Minnesota Statutes 2000, section 298.75, subdivisions 1 and 2.

Reported the same back with the following amendments:

Page 2, line 16, delete "required"

Page 2, line 17, delete "registered with" and insert "notified" and delete "to impose" and insert "of the imposition of"

Page 2, line 23, strike "equal" and insert "up"

Page 2, line 27, strike "or 14,000 cubic yards"

With the recommendation that when so amended the bill be re-referred to the Committee on Local Government and Metropolitan Affairs without further recommendation.

The report was adopted.

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

H. F. No. 1080, A bill for an act proposing an amendment to the Minnesota Constitution, article I, sections 2, 6, 7, 8, 16, and 17; article IV, sections 5, 8, 21, 23, and 24; article V, sections 2, 3, 5, and 6; article VI, sections 4, 6, 9, 10, and 13; article VII, sections 1, 2, 3, 6, and 8; article VIII, sections 3 and 4; article XI, section 13; and article XIII, sections 7 and 11; changing gender-specific language to gender-neutral language in the constitution.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

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

H. F. No. 1087, A bill for an act relating to education; repealing the Minnesota Education Finance Act of 1992; amending Laws 1992, chapter 499, article 7, section 31, as amended; repealing Minnesota Statutes 2000, sections 126C.30; 126C.31; 126C.32; 126C.33; 126C.34; 126C.35; and 126C.36.

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. 1133, A bill for an act relating to traffic regulations; allowing gross weight seasonal increase for transporting sweet corn and peas; amending Minnesota Statutes 2000, section 169.825, subdivision 11.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Finance without further recommendation.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 722

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

H. F. No. 1159, A bill for an act relating to public finance; funding for Gillette Children's Speciality Health Care; transportation and capital improvements; authorizing spending for public purposes; authorizing spending to acquire and to better land and buildings and other improvements of a capital nature; amending earlier authorizations; authorizing and reauthorizing sale of state bonds; converting certain capital project financing from general obligation bonding to general fund cash; appropriating money; amending Laws 2000, chapter 479, article 1, section 2, subdivision 11; and by adding a section; Laws 2000, chapter 492, article 1, section 18, subdivision 1; and section 26, subdivision 1.

Reported the same back with the following amendments:

Page 2, lines 27 and 33, delete "Health Care" and insert "Healthcare"

Page 2, lines 42 and 43, strike "Health Care" and insert "Healthcare"

Amend the title as follows:

Page 1, line 3, delete "Health Care" and insert "Healthcare"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1179, A bill for an act relating to public safety; defining certain employees of the commissioner of public safety as public safety officers for purposes of public safety officer's survivor benefits; amending Minnesota Statutes 2000, section 299A.41, subdivision 4.

Reported the same back with the following amendments:

Page 2, lines 10 and 11, strike "commissioner of health" and insert "emergency medical services regulatory board"

Page 2, line 18, before "motor" insert "commercial"

Page 2, line 19, delete "size and weight" and after "laws" insert "and regulations"

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

The report was adopted.

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

H. F. No. 1188, A bill for an act relating to environment; regulating ash disposal from fire training exercises; amending Minnesota Statutes 2000, section 116.07, by adding a subdivision.

Reported the same back with the following amendments:


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 723

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 116.07, is amended by adding a subdivision to read:

Subd. 12. [FIRE TRAINING ASH DISPOSAL.] The ash from a legitimate fire training exercise involving the live burning of a structure must be classified as demolition debris and is disposable in any permit-by-rule land disposal facility authorized under agency rules or any permitted demolition land disposal facility, with the consent of the disposal facility operator, if a person certified by a Minnesota state colleges and universities fire safety center certifies in writing in advance to the commissioner that the structure has been adequately prepared for such a training exercise, taking into account all applicable safety concerns and regulations, including pollution control agency guidelines regarding the removal of hazardous materials from training-burn structures before the training event.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

Mares from the Committee on Education Policy to which was referred:

H. F. No. 1207, A bill for an act relating to education; providing a grant to establish a school for adolescents who complete chemical or alcohol dependency treatment and seek to complete their education in a chemical and alcohol-free environment; appropriating money.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

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

H. F. No. 1245, A bill for an act relating to commerce; amending provisions relating to charges recipients of dishonored checks may collect from persons who write the checks; amending Minnesota Statutes 2000, section 332.50.

Reported the same back with the following amendments:

Page 2, line 10, reinstate everything after the period

Page 2, line 11, reinstate the stricken language

Page 2, line 21, delete "may" and insert "must, if the payee or holder wishes to assess the additional charges permitted by this subdivision,"

Page 2, line 29, delete "$100" and insert "$75"

Page 3, line 2, after "to" insert "$100"

Page 3, line 3, delete "$100" and insert "$75"


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 724

Page 3, lines 27 and 30, delete "$100" and insert "$75"

Page 4, line 32, after "in" insert "substantially"

Page 5, line 10, delete "the"

Page 5, line 11, delete "issuing" and insert "your"

Page 5, line 35, after "in" insert "substantially"

Page 6, line 20, delete "$100" and insert "$75"

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

The report was adopted.

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

H. F. No. 1259, A bill for an act relating to unemployment insurance; providing extra benefits for certain employees.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance without further recommendation.

The report was adopted.

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

H. F. No. 1260, A bill for an act relating to family law; neutralizing certain terminology; amending Minnesota Statutes 2000, sections 518.131, subdivision 2; 518.155; 518.171, subdivisions 1, 4, 5, 6, and 8; 518.175; 518.1751, subdivision 1b; 518.176, subdivision 1; 518.18; 518.55, subdivision 1; 518.551, subdivisions 5 and 5e; 518.612; and 518.64, subdivision 2.

Reported the same back with the following amendments:

Page 9, line 21, strike "custodial" and after "parent" insert "with whom the child resides"

Page 10, line 36, strike "person" and insert "parent"

Page 13, line 5, strike "CUSTODIAN'S" and insert "PARENT'S"

Page 13, line 7, strike "custodian" and insert "parent with whom the child resides"

Page 13, line 11, strike "custodian's" and after "authority" insert "of the parent with whom the child resides"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 725

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

H. F. No. 1264, A bill for an act relating to local government; requiring preparation of a draft urban rivers act.

Reported the same back with the following amendments:

Page 1, line 5, delete "ACT" and insert "GUIDELINES"

Page 1, line 8, delete "a draft urban rivers act to guide" and insert "guidelines for"

Page 1, line 13, delete "specify" and insert "identify"

Page 1, line 15, delete "act" and insert "guidelines"

Amend the title as follows:

Page 1, line 3, delete "a" and delete "act" and insert "guidelines"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Jobs and Economic Development.

The report was adopted.

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

H. F. No. 1281, A bill for an act relating to motor vehicles; providing for lifetime registration of light utility trailers; amending Minnesota Statutes 2000, section 168.013, subdivision 1d.

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

The report was adopted.

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

H. F. No. 1293, A bill for an act relating to state government; codifying reorganization order No. 181; transferring the remaining duties of the commissioner of public service to the commissioner of commerce; amending Minnesota Statutes 2000, sections 3C.12, subdivision 2; 13.679; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 16B.32, subdivision 2; 16B.335, subdivision 4; 16B.56, subdivision 1; 16B.76, subdivision 1; 17.86, subdivision 3; 18.024, subdivision 1; 43A.08, subdivision 1a; 45.012; 103F.325, subdivisions 2 and 3; 115A.15, subdivision 5; 116O.06, subdivision 2; 123B.65, subdivisions 1, 3, and 5; 161.45, subdivision 1; 168.61, subdivision 1; 169.073; 174.03, subdivision 7; 181.30; 216A.01; 216A.035; 216A.036; 216A.05, subdivision 1; 216A.07, subdivision 1; 216A.08; 216A.085, subdivision 3; 216B.02, subdivisions 1, 7, and 8; 216B.16, subdivisions 1, 2, 6b, and 15; 216B.162, subdivisions 7 and 11; 216B.1675, subdivision 9; 216B.241, subdivisions 1a, 1b, and 2b; 216C.01, subdivisions 1, 2, and 3; 216C.051, subdivision 6; 216C.37, subdivision 1; 216C.40, subdivision 4; 237.02; 237.075, subdivisions 2 and 9; 237.082; 237.21; 237.30; 237.462, subdivision 6; 237.51, subdivisions 1, 5, and 5a; 237.52, subdivisions 2, 4, and 5; 237.54, subdivision 2; 237.55; 237.59, subdivision 2; 237.768; 239.01; 325E.11; 325E.115, subdivision 2; 326.243; and 484.50; repealing Minnesota Statutes 2000, sections 216A.06; and 237.69, subdivision 3.

Reported the same back with the following amendments:


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 726

Page 1, after line 31, insert:

"ARTICLE 1"

Page 51, after line 24, insert:

"Sec. 71. Minnesota Statutes 2000, section 239.10, is amended to read:

239.10 [ANNUAL INSPECTION.]

Subdivision 1. [LIGHT CAPACITY SCALES; RETAIL ESTABLISHMENTS.] The director shall inspect light capacity scales in retail establishments such as grocery stores, other retail food establishments, or hardware stores, not more often than 36 months except when the owner requests an inspection, when the scale is inspected as part of an investigation, or when the scale has been repaired.

Subd. 2. [PACKAGED FOOD COMMODITIES.] The director shall inspect packaged food commodities in grocery stores and other retail food establishments not more often than 36 months except when the owner requests an inspection or when packages are inspected as part of an investigation.

Subd. 3. [OTHER WEIGHTS AND MEASURES.] The director shall inspect all weights and measures, except those specified in subdivisions 1 and 2, annually, or as often as deemed possible within budget and staff limitations."

Page 55, line 28, delete the fourth period

Page 55, line 29, delete "act" and insert "article"

Renumber the sections in sequence

Page 55, after line 29, insert:

"ARTICLE 2

Section 1. Minnesota Statutes 2000, section 45.011, subdivision 1, is amended to read:

Subdivision 1. [SCOPE.] As used in chapters 45 to 83, 155A, 309, 332, 345, and 359, and sections 325D.30 to 325D.42, 326.83 to 326.991, and 386.61 to 386.78, unless the context indicates otherwise, the terms defined in this section have the meanings given them.

Sec. 2. Minnesota Statutes 2000, section 270.06, is amended to read:

270.06 [POWERS AND DUTIES.]

The commissioner of revenue shall:

(1) have and exercise general supervision over the administration of the assessment and taxation laws of the state, over assessors, town, county, and city boards of review and equalization, and all other assessing officers in the performance of their duties, to the end that all assessments of property be made relatively just and equal in compliance with the laws of the state;

(2) confer with, advise, and give the necessary instructions and directions to local assessors and local boards of review throughout the state as to their duties under the laws of the state;


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 727

(3) direct proceedings, actions, and prosecutions to be instituted to enforce the laws relating to the liability and punishment of public officers and officers and agents of corporations for failure or negligence to comply with the provisions of the laws of this state governing returns of assessment and taxation of property, and cause complaints to be made against local assessors, members of boards of equalization, members of boards of review, or any other assessing or taxing officer, to the proper authority, for their removal from office for misconduct or negligence of duty;

(4) require county attorneys to assist in the commencement of prosecutions in actions or proceedings for removal, forfeiture and punishment for violation of the laws of this state in respect to the assessment and taxation of property in their respective districts or counties;

(5) require town, city, county, and other public officers to report information as to the assessment of property, collection of taxes received from licenses and other sources, and such other information as may be needful in the work of the department of revenue, in such form and upon such blanks as the commissioner may prescribe;

(6) require individuals, copartnerships, companies, associations, and corporations to furnish information concerning their capital, funded or other debt, current assets and liabilities, earnings, operating expenses, taxes, as well as all other statements now required by law for taxation purposes;

(7) subpoena witnesses, at a time and place reasonable under the circumstances, to appear and give testimony, and to produce books, records, papers and documents for inspection and copying relating to any matter which the commissioner may have authority to investigate or determine;

(8) issue a subpoena which does not identify the person or persons with respect to whose liability the subpoena is issued, but only if (a) the subpoena relates to the investigation of a particular person or ascertainable group or class of persons, (b) there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with any law administered by the commissioner, (c) the information sought to be obtained from the examination of the records (and the identity of the person or persons with respect to whose liability the subpoena is issued) is not readily available from other sources, (d) the subpoena is clear and specific as to the information sought to be obtained, and (e) the information sought to be obtained is limited solely to the scope of the investigation. Provided further that the party served with a subpoena which does not identify the person or persons with respect to whose tax liability the subpoena is issued shall have the right, within 20 days after service of the subpoena, to petition the district court for the judicial district in which lies the county in which that party is located for a determination as to whether the commissioner of revenue has complied with all the requirements in (a) to (e), and thus, whether the subpoena is enforceable. If no such petition is made by the party served within the time prescribed, the subpoena shall have the force and effect of a court order;

(9) cause the deposition of witnesses residing within or without the state, or absent therefrom, to be taken, upon notice to the interested party, if any, in like manner that depositions of witnesses are taken in civil actions in the district court, in any matter which the commissioner may have authority to investigate or determine;

(10) investigate the tax laws of other states and countries and to formulate and submit to the legislature such legislation as the commissioner may deem expedient to prevent evasions of assessment and taxing laws, and secure just and equal taxation and improvement in the system of assessment and taxation in this state;

(11) consult and confer with the governor upon the subject of taxation, the administration of the laws in regard thereto, and the progress of the work of the department of revenue, and furnish the governor, from time to time, such assistance and information as the governor may require relating to tax matters;

(12) transmit to the governor, on or before the third Monday in December of each even-numbered year, and to each member of the legislature, on or before November 15 of each even-numbered year, the report of the department of revenue for the preceding years, showing all the taxable property in the state and the value of the same, in tabulated form;


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 728

(13) inquire into the methods of assessment and taxation and ascertain whether the assessors faithfully discharge their duties, particularly as to their compliance with the laws requiring the assessment of all property not exempt from taxation;

(14) administer and enforce the assessment and collection of state taxes and fees, including the use of any remedy available to nongovernmental creditors, and, from time to time, make, publish, and distribute rules for the administration and enforcement of assessments and fees administered by the commissioner and state tax laws. The rules have the force of law;

(15) prepare blank forms for the returns required by state tax law and distribute them throughout the state, furnishing them subject to charge on application;

(16) prescribe rules governing the qualification and practice of agents, attorneys, or other persons representing taxpayers before the commissioner. The rules may require that those persons, agents, and attorneys show that they are of good character and in good repute, have the necessary qualifications to give taxpayers valuable services, and are otherwise competent to advise and assist taxpayers in the presentation of their case before being recognized as representatives of taxpayers. After due notice and opportunity for hearing, the commissioner may suspend and disbar from further practice before the commissioner any person, agent, or attorney who is shown to be incompetent or disreputable, who refuses to comply with the rules, or who with intent to defraud, willfully or knowingly deceives, misleads, or threatens a taxpayer or prospective taxpayer, by words, circular, letter, or by advertisement. This clause does not curtail the rights of individuals to appear in their own behalf or partners or corporations' officers to appear in behalf of their respective partnerships or corporations;

(17) appoint agents as the commissioner considers necessary to make examinations and determinations. The agents have the rights and powers conferred on the commissioner to subpoena, examine, and copy books, records, papers, or memoranda, subpoena witnesses, administer oaths and affirmations, and take testimony. In addition to administrative subpoenas of the commissioner and the agents, upon demand of the commissioner or an agent, the court administrator of any district court shall issue a subpoena for the attendance of a witness or the production of books, papers, records, or memoranda before the agent for inspection and copying. Disobedience of a court administrator's subpoena shall be punished by the district court of the district in which the subpoena is issued, or in the case of a subpoena issued by the commissioner or an agent, by the district court of the district in which the party served with the subpoena is located, in the same manner as contempt of the district court;

(18) appoint and employ additional help, purchase supplies or materials, or incur other expenditures in the enforcement of state tax laws as considered necessary. The salaries of all agents and employees provided for in this chapter shall be fixed by the appointing authority, subject to the approval of the commissioner of administration;

(19) execute and administer any agreement with the secretary of the treasury of the United States or a representative of another state regarding the exchange of information and administration of the tax laws;

(20) administer and enforce the provisions of sections 325D.30 to 325D.42, the Minnesota Unfair Cigarette Sales Act;

(21) authorize the use of unmarked motor vehicles to conduct seizures or criminal investigations pursuant to the commissioner's authority; and

(22) (21) exercise other powers and perform other duties required of or imposed upon the commissioner of revenue by law.

Sec. 3. Minnesota Statutes 2000, section 297F.04, subdivision 1, is amended to read:

Subdivision 1. [POWERS OF COMMISSIONER.] The commissioner may revoke or suspend the license or licenses of any distributor or subjobber for violation of this chapter, any other act applicable to the sale of cigarettes or tobacco products, or any rule promulgated by the commissioner, in furtherance of this chapter. The commissioner may also revoke, cancel, or suspend the license or licenses of any distributor or subjobber for violation of sections 325D.30 to 325D.42.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 729

Sec. 4. Minnesota Statutes 2000, section 297F.13, subdivision 4, is amended to read:

Subd. 4. [RETAILER AND SUBJOBBER TO PRESERVE PURCHASE INVOICES.] Every retailer and subjobber shall procure itemized invoices of all cigarettes or tobacco products purchased.

The retailer and subjobber shall preserve a legible copy of each invoice for one year from the date of the invoice. The retailer and subjobber shall preserve copies of the invoices at each retail location or at a central location provided that the invoice must be produced and made available at a retail location within one hour when requested by the commissioner or duly authorized agents and employees. Copies should be numbered and kept in chronological order.

To determine whether the business is in compliance with the provisions of this chapter and sections 325D.30 to 325D.42, at any time during usual business hours, the commissioner, or duly authorized agents and employees, may enter any place of business of a retailer or subjobber without a search warrant and inspect the premises, the records required to be kept under this chapter, and the packages of cigarettes, tobacco products, and vending devices contained on the premises.

Sec. 5. Minnesota Statutes 2000, section 325D.33, is amended by adding a subdivision to read:

Subd. 2a. [COMMISSIONER.] "Commissioner" means the commissioner of commerce or the commissioner's designated representative.

Sec. 6. Minnesota Statutes 2000, section 325D.33, subdivision 8, is amended to read:

Subd. 8. [PENALTIES.] (a) A retailer who sells cigarettes for less than a legal retail price may be assessed a penalty in the full amount of three times the difference between the actual selling price and a legal price under sections 325D.30 to 325D.42. This penalty may be collected by the commissioner under the authorities given the commissioner of revenue in chapters chapter 270 and 297F, and the penalty shall bear interest at the rate prescribed by section 270.75, subdivision 5.

(b) A wholesaler who sells cigarettes for less than a legal price may be assessed a penalty in the full amount of three times the difference between the actual selling price and the legal price under sections 325D.30 to 325D.42. This penalty may be collected by the commissioner under the authorities given the commissioner of revenue in chapters chapter 270 and 297F, and the penalty shall bear interest at the rate prescribed by section 270.75, subdivision 5.

(c) A retailer who engages in a plan, scheme, or device with a wholesaler to purchase cigarettes at a price which the retailer knows to be less than a legal price may be assessed a penalty in the full amount of three times the difference between the actual purchase price and the legal price under sections 325D.30 to 325D.42. A retailer that coerces or requires a wholesaler to sell cigarettes at a price which the retailer knows to be less than a legal price may be assessed a penalty in the full amount of three times the difference between the actual purchase price and the legal price. These penalties may be collected by the commissioner under the authorities given the commissioner of revenue in chapters chapter 270 and 297F, and the penalties shall bear interest at the rate prescribed by section 270.75, subdivision 5.

For purposes of this subdivision, a retailer is presumed to know that a purchase price is less than a legal price if any of the following have been done:

(1) the commissioner has published the legal price in the Minnesota State Register;

(2) the commissioner has provided written notice to the retailer of the legal price;

(3) the commissioner has provided written notice to the retailer that the retailer is purchasing cigarettes for less than a legal price;


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 730

(4) the commissioner has issued a written order to the retailer to cease and desist from purchases of cigarettes for less than a legal price; or

(5) there is evidence that the retailer has knowledge of, or has participated in, efforts to disguise or misrepresent the actual purchase price as equal to or more than a legal price, when it is actually less than a legal price.

In any proceeding arising under this subdivision, the commissioner shall have the burden of providing by a reasonable preponderance of the evidence that the facts necessary to establish the presumption set forth in this section exist, or that the retailer had knowledge that a purchase price was less than the legal price.

(d) The commissioner may not assess penalties against any wholesaler, retailer, or combination of wholesaler and retailer, which are greater than three times the difference between the actual price and the legal price under sections 325D.30 to 325D.42.

Sec. 7. Minnesota Statutes 2000, section 325D.405, is amended to read:

325D.405 [INVESTIGATIONS.]

The commissioner or duly authorized agents may conduct investigations to determine compliance with the provisions of sections 325D.30 to 325D.42 and, in connection with such investigations, the commissioner and duly authorized agents have all the powers conferred upon the commissioner by section 270.06 45.027.

Sec. 8. Minnesota Statutes 2000, section 325D.415, is amended to read:

325D.415 [CIGARETTE DISTRIBUTOR FEES.]

A cigarette distributor as defined in section 297F.01, subdivision 4, shall pay to the commissioner an annual fee as follows:

(1) a fee of $2,500 is due from those distributors whose annual cigarette tax collections exceed $2,000,000; and

(2) a fee of $1,200 is due from those distributors whose annual cigarette tax collections are $2,000,000 or less.

The annual fee must be paid by December 31 of each year. If the fee is not paid when due, the commissioner shall revoke or refuse to issue or renew the license under chapter 297F. The annual fee must be deposited into the general fund.

Sec. 9. [TRANSFER OF RESPONSIBILITIES.]

Minnesota Statutes, section 15.039, subdivisions 1 to 6 and 8, apply to the transfer of responsibilities made by this article.

Sec. 10. [APPROPRIATION.]

$91,500 in fiscal year 2002 and $91,500 in fiscal year 2003 are appropriated from the general fund to the department of commerce for the enforcement and administration of sections 325D.30 to 325D.42.

Sec. 11. [REPEALER.]

Minnesota Statutes 2000, section 325D.33, subdivision 5, is repealed.

Sec. 12. [EFFECTIVE DATE.]

This article is effective July 1, 2001."


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 731

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "providing for inspection of light capacity scales; transferring the administration and enforcement of the Unfair Cigarette Sales Act from the commissioner of revenue to the commissioner of commerce; appropriating money;"

Page 1, line 11, after the first semicolon, insert "45.011, subdivision 1;"

Page 1, line 27, after "239.01;" insert "239.10; 270.06; 297F.04, subdivision 1; 297F.13, subdivision 4; 325D.33, subdivision 8, and by adding a subdivision; 325D.405; 325D.415;"

Page 1, line 30, delete "and" and before the period, insert "; and 325D.33, subdivision 5"

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

The report was adopted.

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

H. F. No. 1300, A bill for an act relating to transportation; allocating revenues from motor vehicle sales tax; proposing amendment to Minnesota Constitution, article XIV, by adding a section to require 75 percent of the proceeds from the sales tax on motor vehicles be deposited in the highway user tax distribution fund; amending Minnesota Statutes 2000, section 297B.09, subdivision 1.

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

The report was adopted.

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

H. F. No. 1305, A bill for an act relating to environment; establishing the environmental assistance revolving loan account; appropriating money; amending Minnesota Statutes 2000, section 115A.0716, by adding subdivisions.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1350, A bill for an act relating to Dakota county; authorizing Dakota county to provide certain benefits and services; authorizing inclusion of certain employees in PERA; proposing coding for new law in Minnesota Statutes, chapter 383D.

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.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 732

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

H. F. No. 1354, A bill for an act relating to the environment; modifying provisions relating to petroleum tank release cleanup; amending Minnesota Statutes 2000, sections 115C.07, subdivision 3; 115C.09, subdivisions 1, 2a, and 3; 115C.093; 115C.112; and 115C.13; repealing Minnesota Statutes 2000, sections 115C.02, subdivisions 11a and 12a; 115C.082; 115C.09, subdivision 3g; 115C.091; and 115C.092.

Reported the same back with the following amendments:

Page 4, line 26, after the period, insert "However, the board may reimburse an eligible applicant from the fund for greater than 90 percent of the total reimbursable costs, if the applicant previously qualified for a higher reimbursement rate."

Page 8, after line 7, insert:

"Sec. 5. Minnesota Statutes 2000, section 115C.09, subdivision 3h, is amended to read:

Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK PLANTS.] (a) As used in this subdivision, "bulk plant" means an aboveground or underground tank facility with a storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to dispense petroleum into cargo tanks for transportation and sale at another location.

(b) Notwithstanding any other provision in this chapter and any rules adopted pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for bulk plant upgrades or closures completed between June 1, 1998, and November 1, 2003, to comply with Minnesota Rules, chapter 7151, provided that the board determines the costs were incurred and reasonable. The reimbursement may not exceed $10,000 per bulk plant.

(c) For corrective action at a bulk plant located on what is or was railroad right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first $40,000 and 100 percent of any remaining reimbursable costs when the applicant can document that one or more other bulk plants were operated on the same section of right-of-way."

Page 10, line 23, delete "3 and 5 to 8" and insert "9"

Page 10, line 24, delete everything after the period

Page 10, delete lines 25 to 27

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 5, delete "and 3" and insert "3, and 3h"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Jobs and Economic Development.

The report was adopted.

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

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


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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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 1a. [SHORT TITLE.] This section may be cited as the Minnesota Citizens' Personal Protection Act of 2001.

Sec. 2. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 1b. [PENALTY.] (a) A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place, as defined in section 624.7181, subdivision 1, paragraph (c), without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony.

(b) No person may carry a pistol in a public place on or about the person's clothes or person while under the influence of alcohol or a controlled substance. A violation of this paragraph is a misdemeanor. A person who is convicted a second or subsequent time is guilty of a gross misdemeanor.

(c) The holder of a permit to carry must have the permit card in immediate possession at all times when carrying a pistol and must display it upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense must not exceed $25.

Sec. 3. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 1c. [SENTENCE ENHANCEMENT.] (a) A permit holder who uses a pistol to facilitate the commission of a felony may be sentenced to 125 percent of the maximum sentence otherwise provided by statute.

(b) It is an affirmative defense to the application of paragraph (a) that the actor had an honest belief at the inception of the course of conduct that the actor was acting in lawful self-defense.

Sec. 4. Minnesota Statutes 2000, section 624.714, subdivision 2, is amended to read:

Subd. 2. [WHERE APPLICATION MADE AUTHORITY TO ISSUE PERMIT; CRITERIA; SCOPE.] Applications for permits to carry shall be made to the chief of police of an organized full-time police department of the municipality where the applicant resides or to the county sheriff where there is no such local chief of police where the applicant resides. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. (a) County sheriffs have the sole authority to issue permits to carry pistols pursuant to this section. A sheriff must issue a permit to a person if the person:

(1) is not prohibited from possessing a firearm under section 624.713;

(2) has training in the safe use of a pistol;

(3) completes an application for a permit;


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(4) is not listed in the criminal gang investigative data system under section 299C.091, subdivision 2; and

(5) is at least 21 years old.

(b) A permit to carry a pistol issued under this section is a state permit and is valid throughout the state.

Sec. 5. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An applicant must present evidence that the applicant received training in the safe use of a pistol within three years of the date of an original or renewal application. Training may be demonstrated by:

(1) licensure as a peace officer in the state of Minnesota; or

(2) completion of a firearms safety or training class providing basic training in the safe use of a pistol and conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use;

(2) successful completion of an actual shooting qualification exercise prescribed by a certified instructor's sponsoring agency or organization; and

(3) instruction in the fundamental legal aspects of pistol possession and use, including self-defense.

(c) A person qualifies as a certified instructor if the person is certified as a firearms instructor by:

(1) the American Society of Law Enforcement Trainers;

(2) the National Rifle Association;

(3) any national, state, or regional nonprofit organization that certifies firearms safety trainers;

(4) the peace officer standards and training board of this state or a similar agency of another state;

(5) the department of natural resources of this state or a similar agency of another state; or

(6) the department of public safety of this state or a similar agency of another state.

Sec. 6. Minnesota Statutes 2000, section 624.714, subdivision 3, is amended to read:

Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) Applications for permits to carry shall must be on an official, standardized application form, adopted under section 624.7151, and must set forth in writing only the following information:

(1) the name, residence, telephone number, if any, and driver's license number or nonqualification certificate number, if any, of the applicant;

(2) the sex, date of birth, height, weight, and color of eyes and hair, and distinguishing physical characteristics, if any, of the applicant;

(3) a statement by the applicant that, to the best of the applicant's knowledge and belief, the applicant is not prohibited by section 624.713 from possessing a firearm; and


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(4) a statement that the applicant authorizes the release to the local police authority sheriff of commitment information about the applicant maintained by the commissioner of human services or such similar agency or department of a state of residence, to the extent that the information relates to the applicant's eligibility to possess a pistol or semiautomatic military-style assault weapon firearm under section 624.713, subdivision 1;

(4) a statement by the applicant that the applicant is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; and

(5) a recent color photograph of the applicant.

The application shall be signed and dated by the applicant. The statement under clause (3) (4) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

(b) An applicant must submit to the sheriff an application packet consisting only of the following items:

(1) a completed application form, signed and dated by the applicant;

(2) a photocopy of a certificate, affidavit, or other document that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) a recent color photograph or other image of the applicant in which the head, including hair, is the size required by the standardized carry permit card described in subdivision 7, unless the commissioner of public safety authorizes use of the image contained on the applicant's Minnesota driver's license or nonqualification certificate.

(c) The sheriff may charge a new application processing fee in an amount not to exceed $30.

(d) This subdivision prescribes the complete and exclusive set of items an applicant is required to submit in order to apply for a new or renewal permit to carry. The applicant must not be asked or required to submit, voluntarily or involuntarily, any information, fees, or documentation beyond that specifically required by this subdivision.

(e) Forms for new and renewal applications must be available at all sheriff's offices and the commissioner of public safety must make the forms available on the Internet. Application forms must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder becomes ineligible to possess a firearm under section 624.713. The notice may list the applicable offenses.

(f) Upon receipt of an application packet and any required fee, a sheriff must provide a receipt indicating the date of submission.

Sec. 7. Minnesota Statutes 2000, section 624.714, subdivision 4, is amended to read:

Subd. 4. [INVESTIGATION.] (a) The application authority shall sheriff must check criminal records, histories, and warrant information on each applicant through the Minnesota Crime Information System. The chief of police or sheriff shall and, to the extent necessary, the National Instant Check System and the National Crime Record Repository, and must make a reasonable effort to check other available state and local recordkeeping systems. The sheriff must also obtain commitment information from the commissioner of human services as provided in section 245.041 or, if the information is reasonably available, as provided by a similar statute from another state. A sheriff must conduct a background check on a permit holder at least yearly to ensure continuing eligibility. A sheriff may conduct additional background checks on a permit holder at anytime during the period that a permit is in effect.

(b) When an application for a permit is filed under this section, the sheriff must notify the chief of police, if any, of the municipality where the applicant resides. The police chief may provide the sheriff with any information the chief deems relevant to the issuance of the permit.


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Sec. 8. Minnesota Statutes 2000, section 624.714, subdivision 6, is amended to read:

Subd. 6. [FAILURE TO GRANT GRANTING AND DENIAL OF PERMITS.] (a) The sheriff must, within 15 business days after the date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant failed to qualify under the criteria described in subdivision 2; or

(3) file and serve a petition under subdivision 12a.

(b) Failure of the chief police officer or the county sheriff to deny the application or issue a permit to carry a pistol notify the applicant of the denial of the application or file a petition under subdivision 12a within 21 15 business days of after the date of receipt of the application shall be deemed to be a grant thereof. packet constitutes issuance of the permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application, the local police authority shall sheriff must provide an the applicant with written notification of a denial and the specific reason factual basis for the denial and the source of the factual basis and must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. A chief of police or a sheriff may charge a fee to cover the cost of conducting a background check, not to exceed $10. The permit shall specify the activities for which it shall be valid. Upon receiving any additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a provisional permit card to the applicant by first class mail or personal delivery. A provisional permit card must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder becomes ineligible to possess a firearm under section 624.713. The notice may list the applicable offenses. Within two business days, the sheriff must submit all necessary information to the commissioner of public safety for the production of a durable permit card.

(d) Notwithstanding paragraphs (a) to (c), the sheriff may suspend the application process if a charge is pending against the applicant that, if resulting in conviction, will disqualify the applicant from possessing a firearm under section 624.713.

Sec. 9. Minnesota Statutes 2000, section 624.714, subdivision 7, is amended to read:

Subd. 7. [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] Permits to carry a pistol issued pursuant to this section shall expire after one year and shall thereafter be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except that all renewed permits must comply with the standards adopted by the commissioner of public safety under section 624.7161. (a) Permits to carry must be on an official, standardized permit card adopted by the commissioner of public safety, containing only the following information about the permit holder:

(1) the name, residence, and driver's license number or nonqualification certificate number, if any;

(2) the sex, date of birth, height, weight, color of eyes and hair, and distinguishing characteristics, if any;

(3) a recent color photograph or image of the permit holder; and

(4) the permit holder's signature.


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(b) The permit card must also state the expiration date of the permit and must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder becomes ineligible to possess a firearm under section 624.713.

(c) A permit to carry a pistol issued under this section shall expire after three years and shall thereafter be renewed in the same manner and under the same criteria which the original permit was obtained, subject to the following procedures:

(1) no earlier than 90 days prior to the expiration date on the permit, the permit holder may renew the permit by submitting to the sheriff the application packet described in subdivision 3 and a renewal processing fee not to exceed $15. The sheriff must process the renewal application in accordance with subdivisions 4 and 6; and

(2) a permit holder who submits a renewal application packet after the expiration date of the permit but within 30 days after expiration, may renew the permit as provided in clause (1) by paying an additional late fee of $10.

(d) The renewal permit is effective beginning on the expiration date of the prior permit to carry.

Sec. 10. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF PERMIT.] (a) Within 30 days after changing permanent address, or within 30 days of having lost or destroyed the permit card, the permit holder must notify the sheriff of the change, loss, or destruction. Failure to notify the sheriff as required by this subdivision is a petty misdemeanor. The fine for a first offense must not exceed $25.

(b) After notice is given under paragraph (a), a permit holder may obtain a replacement permit card by paying $15 to the sheriff. The request for a replacement permit card must be made on an application adopted for this purpose under section 624.7151, and, except in the case of an address change, must include a notarized statement that the permit card has been lost or destroyed. The sheriff must provide a provisional permit card as provided under subdivision 6, paragraph (c).

Sec. 11. Minnesota Statutes 2000, section 624.714, subdivision 8, is amended to read:

Subd. 8. [PERMIT TO CARRY VOIDED OR REVOKED.] (a) The permit to carry shall be is void and must be revoked at the time that the permit holder becomes prohibited from possessing a pistol firearm under section 624.713, in which event the holder shall must return the permit card to the sheriff within five business days to the application authority after the holder knows or should know that the holder is a prohibited person. If a permit is revoked under this subdivision, the sheriff must give notice to the permit holder in writing in the same manner as a denial. Failure of the holder to return the permit within the five days is a gross misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.

(b) When a permit holder is convicted of an offense that disqualifies the permit holder from possessing a firearm under section 624.713, the court must revoke and take possession of the permit.

Sec. 12. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 8a. [PROSECUTOR'S DUTY.] Whenever a person is charged with an offense that would disqualify the person from possessing a firearm under section 624.713, the prosecuting attorney must ascertain whether the person is a permit holder under this section. If the person is a permit holder, the prosecutor must notify the sheriff that issued the permit that the person has been charged with a disqualifying offense. The prosecutor must also notify the sheriff of the final disposition of the case.


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Sec. 13. Minnesota Statutes 2000, section 624.714, subdivision 10, is amended to read:

Subd. 10. [FALSE REPRESENTATIONS.] A person who gives or causes to be given any false material information in applying for a permit to carry, knowing or having reason to know the information is false, is guilty of a gross misdemeanor.

Sec. 14. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 11a. [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may issue an emergency permit to a person if the sheriff determines that the person is in an emergency situation that may constitute an immediate risk to the safety of the person or someone residing in the person's household. A person seeking an emergency permit must complete an application form and must sign an affidavit describing the emergency situation. An emergency permit applicant does not need to provide a photograph or evidence of training. An emergency permit is valid for 30 days, may not be renewed, and may be revoked without a hearing. No fee may be charged for an emergency permit. An emergency permit holder may seek a regular permit under subdivision 3 and subject to the other applicable provisions of this section.

Sec. 15. Minnesota Statutes 2000, section 624.714, subdivision 12, is amended to read:

Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] Any person aggrieved by denial or revocation of a permit to carry may appeal the denial by petition to the district court having jurisdiction over in the county or municipality wherein the notification or denial occurred where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review. The district court may issue a writ of mandamus or other relief as the court may deem appropriate. A person granted relief under this subdivision must be awarded reasonable costs and expenses including attorney fees. The matter shall must be heard de novo without a jury.

Sec. 16. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 12a. [DENIAL OR SUSPENSION BY COURT ORDER.] (a) The issuing sheriff or the police chief of the Minnesota municipality where the applicant or permit holder resides may file a petition with the district court seeking a court order denying an application for or suspending a permit to carry. The petition must be filed in the county where the application was made, together with proof of service of a copy on the applicant or permit holder. The court may not grant any relief before the completion of the hearing. If a petition is filed under this subdivision, a sheriff must not issue a permit until the matter is resolved by the district court.

(b) The court may grant the relief requested in the petition only if the petitioner establishes, by clear and convincing evidence, that there is a substantial likelihood that the applicant will act under the permit in a manner dangerous to the public. The applicant's dangerousness to the public may be established only after a showing that the applicant or permit holder has engaged in a pattern of behavior within the past three years involving verified, reported incidents of unlawful violence, not including incidents for which the applicant was charged and acquitted or for which the charges were dismissed.

(c) If the court denies a petition brought under paragraph (a), the court must award the applicant or permit holder reasonable costs and expenses including attorney fees.

Sec. 17. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 12b. [SUSPENSION AS CONDITION OF RELEASE.] The district court may order suspension of the application process for a permit or suspend the permit of a permit holder as a condition of release pursuant to the same criteria as the surrender of firearms under section 629.715.


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Sec. 18. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 14. [RECORDS.] (a) A sheriff must not maintain records or data collected, made, or held under this section concerning any applicant or permit holder that are not necessary under this section to support a permit that is outstanding or eligible for renewal under subdivision 7, paragraph (b). A sheriff must completely purge all files and databases by March 1 of each year to delete all information collected under this section concerning all persons who are no longer current permit holders or currently eligible to renew their permit.

(b) Paragraph (a) does not apply to records or data concerning an applicant or permit holder who has had a permit denied or revoked under subdivision 2, paragraph (a), clause (1), or subdivision 12a.

Sec. 19. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; FUNDS; CONTRACTS; DATABASE.] (a) $....... of each application or renewal fee collected under this section must be forwarded to the commissioner of public safety to implement the requirements of this section.

(b) The commissioner of public safety may contract with one or more vendors to implement the requirements of this section.

(c) The commissioner of public safety must maintain an automated database of persons authorized to carry pistols under this section that is available 24 hours a day, seven days a week, to law enforcement agencies solely to verify permit status.

Sec. 20. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 16. [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) The attorney general must establish and publish a list of other states that have laws governing the issuance of permits to carry pistols that are not substantially similar to this section. A person holding a concealed weapons license or permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.

(b) Notwithstanding paragraph (a), no license or permit from another state is valid in this state if the holder is or becomes prohibited from possessing a firearm under section 624.713.

(c) Any sheriff may file a petition under subdivision 12a in any county in the state where a person holding a license or permit from another state resides or can be found.

Sec. 21. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 17. [IMMUNITY.] Neither the sheriff, any employee of the sheriff involved in the permit issuing process, nor any certified instructor is liable for damages resulting or arising from acts with a firearm committed by a permit holder, unless the sheriff or other person had actual knowledge at the time the permit was issued or the instruction was given that the applicant was disqualified by law from possessing a firearm.

Sec. 22. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 18. [MONITORING.] (a) By March 1 of each year, the commissioner of public safety must report to the legislature on:

(1) the number of permits to carry issued, suspended, revoked, and denied since the previous submission, and in total;

(2) the number of permits to carry currently valid;


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(3) the specific reasons for each suspension, revocation, and denial and the number of reversed, canceled, or corrected actions;

(4) the number of convictions and types of crimes committed since the previous submission, and in total, by individuals with permits to carry, including data as to whether a firearm lawfully carried solely by virtue of a permit to carry was actually used in furtherance of the crime; and

(5) to the extent known or determinable, data on the lawful and justifiable use of firearms by permit holders.

(b) Sheriffs must supply the department of public safety with the basic data the department requires to complete the report under paragraph (a).

(c) Copies of the report under paragraph (a) must be made available to the public at the actual cost of duplication.

(d) Nothing contained in any provision of this section or any other law requires or authorizes the registration, documentation, collection, or providing of serial numbers or other data on firearms or on firearms owners.

Sec. 23. Minnesota Statutes 2000, section 624.714, is amended by adding a subdivision to read:

Subd. 19. [EXCLUSIVITY.] This section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and no sheriff or other person may change, modify, or supplement these criteria or procedures.

Sec. 24. [REPEALER.]

Minnesota Statutes 2000, section 624.714, subdivisions 1 and 5, are repealed.

Sec. 25. [EFFECTIVE DATE.]

This act is effective August 1, 2001, and applies to crimes committed on or after that date, except that the attorney general must promulgate the list required under section 20 within 90 days of final enactment."

Delete the title and insert:

"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."

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

The report was adopted.

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

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.

Reported the same back with the recommendation that 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. 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.

Reported the same back with the following amendments:

Page 2, line 9, after "vegetation" insert "when practical"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1533, A bill for an act relating to the city of Waseca; authorizing certain expenditures by a tax increment financing district in the city.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

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

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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 169.825, subdivision 11, is amended to read:

Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The limitations provided in this section are increased:

(1) by ten percent from January 1 to March 7 each winter, statewide;

(2) by ten percent from December 1 through December 31 each winter in the zone bounded as follows: beginning at Pigeon River in the northeast corner of Minnesota; thence in a southwesterly direction along the north shore of Lake Superior along trunk highway No. 61 to the junction with trunk highway No. 210; thence westerly along trunk highway No. 210 to the junction with trunk highway No. 10; thence northwesterly along trunk highway No. 10 to the Minnesota-North Dakota border; thence northerly along that border to the Minnesota-Canadian Border; thence easterly along said Border to Lake Superior; and

(3) by ten percent from the beginning of harvest to November 30 each year for the movement of sugar beets, carrots, and potatoes within an area having a 75-mile radius from the field of harvest to the point of the first unloading. The commissioner shall not issue permits under this clause if to do so will result in a loss of federal highway funding to the state.


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(b) The duration of a ten percent increase in load limits is subject to limitation by order of the commissioner, subject to implementation of springtime load restrictions, or March 7.

(c) When the ten percent increase is in effect, a permit is required for a motor vehicle, trailer, or semitrailer combination that has a gross weight in excess of 80,000 pounds, an axle group weight in excess of that prescribed in subdivision 10, or a single axle weight in excess of 20,000 pounds and which travels on interstate routes.

(d) In cases where gross weights in an amount less than that set forth in this section are fixed, limited, or restricted on a highway or bridge by or under another section of this chapter, the lesser gross weight as fixed, limited, or restricted may not be exceeded and must control instead of the gross weights set forth in this section.

(e) Notwithstanding any other provision of this subdivision, no vehicle may exceed a total gross vehicle weight of 80,000 pounds on routes which have not been designated by the commissioner under section 169.832, subdivision 11.

(f) The commissioner may, after determining the ability of the highway structure and frost condition to support additional loads, grant a permit extending seasonal increases for vehicles using portions of routes falling within two miles of the southern boundary of the zone described under paragraph (a), clause (2)."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 283, A bill for an act relating to natural resources; clarifying the prohibition of the commissioner of natural resources in establishing quotas for enforcement officer activity; amending Minnesota Statutes 2000, section 84.0285.

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

The report was adopted.

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

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.

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

The report was adopted.

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

House Concurrent Resolution No. 1, A house concurrent resolution relating to adoption of revenue targets under Minnesota Statutes 2000, section 16A.102, subdivision 2.


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Reported the same back with the following amendments:

Page 1, delete line 11 and insert:

"(1) the maximum share of 15.9 percent 15.5 percent"

Page 1, delete line 17 and insert:

"state services 61 percent 61 percent"

Page 1, delete line 18 and insert:

"local services 39 percent 39 percent"

Page 1, delete lines 19 to 21 and insert:

"(3) the appropriate mix of rates Adoption of these revenue targets will result

in reductions in both state and local taxes."

With the recommendation that when so amended the resolution be adopted.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 285, 518, 708, 757, 915, 935, 967, 1046, 1087, 1159, 1188, 1260 and 1383 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 63, 274, 570, 174, 283 and 615 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Dibble; Mahoney; Walker; Johnson, S., and Clark, K., introduced:

H. F. No. 1710, A bill for an act relating to elections; campaign finance; clarifying the definition of a minor political party; requiring the secretary of state to provide certain notices to political parties; providing the tax check-off status of Progressive Minnesota for tax year 2001; amending Minnesota Statutes 2000, sections 10A.31, subdivision 3a; 200.02, subdivision 23; proposing coding for new law in Minnesota Statutes, chapter 204C.

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


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Hausman; Greiling; Marko; Dibble; Mahoney; Bernardy; Koskinen; Carlson; Schumacher; Tingelstad; Johnson, S.; Evans; Kahn; McGuire; Westerberg; Dempsey; Goodwin; Wagenius; Luther; Walker; Clark, K., and Kelliher introduced:

H. F. No. 1711, A bill for an act relating to transportation; authorizing spending to acquire and to better public land and other public improvements of a capital nature; authorizing issuance of state bonds; appropriating money for commuter rail, high-speed rail, and transit purposes.

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

Kubly, Gunther, Solberg, Otremba and Harder introduced:

H. F. No. 1712, A bill for an act relating to appropriations; appropriating money for Minnesota rural partners.

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

Kahn, Jaros, Walker, Dawkins and McGuire introduced:

H. F. No. 1713, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; changing the state and local election voting age from 18 to 16.

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

Kahn, Greiling, Evans, Folliard, Skoglund, Kelliher, Hausman and McGuire introduced:

H. F. No. 1714, A bill for an act relating to smoking; prohibiting smoking in workplaces; providing for smoke-free areas in multitenant buildings; providing that the deposit of partially burned cigarettes is littering; providing criminal penalties; amending Minnesota Statutes 2000, sections 85.20, subdivision 6; 169.42, subdivision 1; 169.421, subdivision 3; 144.413, subdivision 2; 144.414, subdivision 1, by adding a subdivision; 144.415; 609.68; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Dorn, Bishop, Pelowski and Clark, J., introduced:

H. F. No. 1715, A bill for an act authorizing the use of tax increment financing for mitigation related to large railroad projects; providing exemptions from certain provisions; proposing coding for new law in Minnesota Statutes, chapter 469.

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

Workman introduced:

H. F. No. 1716, A bill for an act relating to crimes; requiring law enforcement agencies to return personal property seized under the forfeiture law if criminal charges are not filed within 30 days; proposing coding for new law in Minnesota Statutes, chapter 626.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 745

Workman and Lieder introduced:

H. F. No. 1717, A bill for an act relating to highways; appropriating money to commissioner of transportation to restore and rehabilitate trunk highway turnbacks and contemplated turnbacks.

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

Rhodes and Smith introduced:

H. F. No. 1718, A bill for an act relating to marriage dissolution; maintenance; prohibiting permanent maintenance; limiting the duration of temporary maintenance; amending Minnesota Statutes 2000, section 518.552, subdivision 2; repealing Minnesota Statutes 2000, section 518.552, subdivision 3.

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

Hilty, Howes, Gunther, Juhnke and Kalis introduced:

H. F. No. 1719, A bill for an act relating to natural resources; modifying the duties of the board of water and soil resources; increasing the level of base grants available for local water planning; providing funding for local water planning; appropriating money; amending Minnesota Statutes 2000, sections 103B.101, subdivision 9; and 103B.3369, subdivision 5.

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

Erickson, Penas, Buesgens, Pelowski and Ness introduced:

H. F. No. 1720, A bill for an act relating to education; encouraging retired teachers to serve as short-call substitute teachers; amending Minnesota Statutes 2000, section 122A.18, subdivision 7a.

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

Goodno introduced:

H. F. No. 1721, A bill for an act relating to health; modifying distribution formula for medical education programs; amending Minnesota Statutes 2000, section 62J.692, subdivision 7.

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

Mahoney and Gray introduced:

H. F. No. 1722, A bill for an act relating to landlords and tenants; removing provisions allowing landlords to apportion utility payments among residential units; amending Minnesota Statutes 2000, section 504B.215, subdivision 2; repealing Minnesota Statutes 2000, section 504B.215, subdivision 2a.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 746

Nornes introduced:

H. F. No. 1723, A bill for an act relating to education finance; authorizing school districts to include home school pupils in their pupil counts for certain funding purposes; 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.

Holsten introduced:

H. F. No. 1724, A bill for an act relating to appropriations; authorizing state bonds; appropriating money to rebuild and fortify the historic territorial prison wall in Stillwater.

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

Gunther; Clark, K.; Sertich; Mahoney and Paymar introduced:

H. F. No. 1725, A bill for an act relating to appropriations; appropriating money for WomenVenture.

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

Sertich; Gunther; Clark, K.; Mahoney and Paymar introduced:

H. F. No. 1726, A bill for an act relating to appropriations; appropriating money for grants to the Metropolitan Economic Development Association.

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

Anderson, B.; Wenzel; Erickson; Dehler; Rhodes; Mares; Skoe; Jaros; Rukavina and Thompson introduced:

H. F. No. 1727, A bill for an act relating to the military; appropriating money to assist in the operation and staffing of the Minnesota national guard youth camp at Camp Ripley.

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

Workman, Gunther, Hausman, Winter and Lieder introduced:

H. F. No. 1728, A bill for an act relating to transportation; providing for expenditures from the transit assistance fund; proposing an amendment to the Minnesota Constitution, article XIV, to dedicate revenue from the motor vehicle sales tax to the highway user tax distribution fund and transit assistance fund; amending Minnesota Statutes 2000, sections 174.32, subdivision 5; 297B.09, subdivision 1; repealing Minnesota Statutes 2000, section 174.32, subdivisions 2, 4.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 747

Kubly, Abeler, Solberg, Goodno, Peterson, Otremba and Harder introduced:

H. F. No. 1729, A bill for an act relating to human services; increasing funding for senior nutrition meals; appropriating money.

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

Molnau introduced:

H. F. No. 1730, A bill for an act relating to transit; requiring the metropolitan council to contract for bus maintenance unless the council determines that significant cost increases will result; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Kuisle, Dawkins, Harder and Greiling introduced:

H. F. No. 1731, A bill for an act relating to taxation; sales and use; exempting transit vehicles and parts for transit vehicles from the sales tax and the motor vehicle sales tax; amending Minnesota Statutes 2000, sections 297A.70, by adding a subdivision; and 297B.03.

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

Evans introduced:

H. F. No. 1732, A bill for an act relating to taxation; authorizing creation of housing replacement tax increment financing projects in the cities of Mounds View and New Brighton; amending Laws 1995, chapter 264, article 5, section 44, subdivision 4, as amended; Laws 1995, chapter 264, article 5, section 45, subdivision 1, as amended.

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

Entenza, Davids, Smith, McElroy and Leighton introduced:

H. F. No. 1733, A bill for an act relating to commerce; revised Article 9 of the Uniform Commercial Code; making corrective and conforming amendments; appropriating money; amending Minnesota Statutes 2000, sections 27.138, subdivisions 2 and 3; 86B.820, subdivisions 10 and 11; 86B.880, subdivision 2; 168A.01, subdivisions 18 and 19; 168A.05, subdivision 8; 168A.17, subdivision 2; 169A.63, subdivisions 7 and 11; 268.058, subdivision 1; 270.69, subdivisions 2, 9, and 13; 270.7001, subdivision 4; 272.483; 272.484; 272.488, subdivision 3; 277.20, subdivision 8; 300.112, subdivision 1; 325L.16; 336.2-210; 336.9-102; 336.9-201; 336.9-203; 336.9-311; 336.9-317; 336.9-334; 336.9-407; 336.9-509; 336.9-521; 336.9-601; 336.9-607; 336.9-617; 336.9-619; 336A.01, subdivision 4; 514.18, subdivision 2; 514.221, subdivisions 2 and 3; 514.24; 514.63; 514.66; 514.661, subdivisions 3, 4, 5, and 6; 514.92, subdivisions 1a, 3, and 5; 514.945, subdivisions 2, 4, and 6; 514.950, subdivision 11; 514.956, subdivisions 1, 2, and 3; 514.958; 514.960, subdivisions 2, 3, 4, and 5; 515B.3-116; 515B.3-117; 550.13; 557.12, subdivision 5; 583.26, subdivisions 1 and 2; and 583.284; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapters 336; 507; 508; and 508A; repealing Minnesota Statutes 2000, sections 168A.17, subdivision 3; 336.11-101; 336.11-102; 336.11-103; 336.11-104; 336.11-105; 336.11-106; 336.11-107; and 336.11-108; Minnesota Rules, parts 8260.0600; 8260.0700; 8260.0800; 8260.0900; 8260.1000; 8260.1100; 8270.0010; 8270.0050; 8270.0100; 8270.0105; 8270.0110; 8270.0115; 8270.0200; 8270.0205; 8270.0210; 8270.0215; 8270.0220; 827.0225; 8270.0230; 8270.0235; 8270.0240; 8270.0245; 8270.0255; 8270.0260; 8270.0265; and 8270.0270.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 748

Kuisle, Skoe, Finseth, Peterson, Juhnke and Rifenberg introduced:

H. F. No. 1734, A bill for an act relating to agriculture; providing for a level 1 feedlot inventory.

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

Johnson, S.; Paymar; Skoglund; Gray and Mahoney introduced:

H. F. No. 1735, A bill for an act relating to crime prevention; appropriating money for victim intervention project.

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

Bakk; Rukavina; Anderson, I.; Sertich and Solberg introduced:

H. F. No. 1736, A bill for an act relating to economic development; creating a loan fund for taconite plant capital improvements; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Kelliher, Gray and Leppik introduced:

H. F. No. 1737, A bill for an act relating to natural resources; appropriating money to construct a portion of the Bassett's Creek trail.

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

Wilkin and Kelliher introduced:

H. F. No. 1738, A bill for an act relating to elections; campaign finance; prohibiting payment of a public subsidy to a candidate who fails to file a campaign report by the fifth day after it is due; amending Minnesota Statutes 2000, section 10A.31, by adding a subdivision.

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

Molnau, Bishop, Winter and Wagenius introduced:

H. F. No. 1739, A bill for an act relating to public employment; ratifying certain labor agreements and proposals; modifying public employee compensation provisions; amending Minnesota Statutes 2000, sections 3.855, subdivision 3; 15A.0815, subdivision 1, and by adding a subdivision; 43A.04, subdivision 8; 136F.07; 136F.40, subdivision 2; and 179A.15; repealing Minnesota Statutes 2000, section 43A.18, subdivisions 4a and 5.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 749

Clark, J.; Harder; Winter and Seifert introduced:

H. F. No. 1740, A bill for an act relating to taxation; increasing aid to counties with tribal casinos; amending Minnesota Statutes 2000, section 270.60, subdivision 4.

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

Gunther; Wolf; Johnson, R.; Harder; Kalis; Kubly; Swenson; Dorman; Davids; Stang and Westrom introduced:

H. F. No. 1741, A bill for an act relating to energy; including biogas recovery facilities in the renewable energy production incentive program; amending Minnesota Statutes 2000, sections 216C.06, by adding a subdivision; 216C.41.

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

Mares, Molnau, Rhodes, Bishop, Dibble, Osthoff and Solberg introduced:

H. F. No. 1742, A bill for an act relating to local government; modifying the compensation limit for political subdivision employees; amending Minnesota Statutes 2000, sections 43A.17, subdivision 9; and 356.611, subdivision 1.

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

Murphy and Mares introduced:

H. F. No. 1743, A bill for an act relating to retirement; authorizing tribal police departments exercising state arrest powers to receive police state aid; amending Minnesota Statutes 2000, section 69.011, subdivision 1.

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

Entenza and Rhodes introduced:

H. F. No. 1744, A bill for an act relating to state government; providing for administration of the state employee combined charities campaign; appropriating money; amending Minnesota Statutes 2000, section 43A.04, by adding a subdivision.

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

Nornes introduced:

H. F. No. 1745, A bill for an act relating to children; child care; creating an annual bonus for accredited child care centers; appropriating money; amending Minnesota Statutes 2000, section 119B.13, by adding a subdivision.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 750

Nornes introduced:

H. F. No. 1746, A bill for an act relating to education; providing that a community or nonprofit organization in the after-school enrichment grant program must be a charitable organization; establishing an additional priority for applicants of after-school enrichment grants; appropriating money; amending Minnesota Statutes 2000, section 124D.221, subdivisions 1, 2.

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

Solberg and Anderson, I., introduced:

H. F. No. 1747, A bill for an act relating to the board of government innovation and cooperation; extending an exemption for an Itasca county chemical dependency demonstration project; amending Minnesota Statutes 2000, section 465.797, subdivision 5a.

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

Harder, Kuisle, Otremba, Gunther and Davids introduced:

H. F. No. 1748, A bill for an act relating to health; authorizing the emergency medical services regulatory board to grant temporary variances from staffing requirements for basic life support ambulances operated by rural ambulance services; amending Minnesota Statutes 2000, section 144E.101, subdivision 6.

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

Bakk, Fuller, Howes, Kielkucki and Rukavina introduced:

H. F. No. 1749, A bill for an act relating to emergency preparedness; appropriating money for emergency communications equipment in Cook, Lake, and St. Louis counties.

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

Gunther, Wolf, Dorn, Kalis and Swenson introduced:

H. F. No. 1750, A bill for an act relating to energy; providing for renewable energy production incentive payments; amending Minnesota Statutes 2000, section 216C.41.

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

Rhodes and Smith introduced:

H. F. No. 1751, A bill for an act relating to child support; modifying the calculation of child support; requiring a custodial parent to submit a declaration of a child's residence; modifying the occupational and driver's license suspension process; providing criminal penalties; amending Minnesota Statutes 2000, section 518.551, subdivisions 5, 12, 13, by adding a subdivision.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 751

Solberg and Anderson, I., introduced:

H. F. No. 1752, A bill for an act relating to detoxification services; requiring the state to reimburse counties for services rendered; amending Minnesota Statutes 2000, section 254A.08, by adding a subdivision.

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

Sertich, Rukavina, Bakk, Solberg and Anderson, I., introduced:

H. F. No. 1753, A bill for an act relating to economic development; appropriating money to the city of Hibbing for purchase of a building.

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

Kuisle, Skoe, Rifenberg and Harder introduced:

H. F. No. 1754, A bill for an act relating to taxes; sales and use taxes; exempting county government purchases from the sales tax and reducing county aid payments to reflect reduced county spending; amending Minnesota Statutes 2000, sections 273.1398, by adding a subdivision; 297A.70, subdivision 2.

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

Murphy, Fuller, Kalis and Winter introduced:

H. F. No. 1755, A bill for an act relating to traffic regulations; reducing speed limits for vehicles within 1,000 feet of stopped emergency vehicles; directing the commissioner of public safety to develop public awareness plan; amending Minnesota Statutes 2000, section 169.14, subdivision 3.

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

Sertich; Anderson, I.; Solberg; Bakk and Jaros introduced:

H. F. No. 1756, A bill for an act relating to community development; providing funding for the natural resources research institute; appropriating money.

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

Johnson, R., introduced:

H. F. No. 1757, A bill for an act relating to retirement; correctional retirement plan of the Minnesota state retirement system; authorizing a purchase of prior service credit for employment as a social worker in the sex offender program at the Minnesota security hospital.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 752

Kubly and Juhnke introduced:

H. F. No. 1758, A bill for an act relating to taxation; sales and use; exempting the purchase of construction materials and supplies used in a street reconstruction project in the city of Raymond; amending Minnesota Statutes 2000, sections 297A.71, by adding a subdivision; 297A.75.

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

Hausman and Lieder introduced:

H. F. No. 1759, A bill for an act relating to transit; appropriating money for greater Minnesota transit and for metropolitan transit.

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

Mulder and Winter introduced:

H. F. No. 1760, A bill for an act relating to education; permitting independent school district No. 671, Hills-Beaver Creek, to start the school year before Labor Day.

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

Holsten introduced:

H. F. No. 1761, A bill for an act relating to appropriations; appropriating money to the commissioner of natural resources for grants from the stream protection and improvement loan program.

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

Howes introduced:

H. F. No. 1762, A bill for an act relating to capital improvements; appropriating money to complete construction of the Longville city hall ambulance building; authorizing the sale of state bonds.

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

Olson; Schumacher; Anderson, B.; Erickson; Tingelstad and Hackbarth introduced:

H. F. No. 1763, A bill for an act relating to drainage; allowing transfer of a public drainage system to a water management authority; defining water management authority; amending Minnesota Statutes 2000, section 103E.005, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103E.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 753

Gleason; Dibble; Rhodes; Clark, K.; Biernat; Jennings; Kahn; Greiling; McGuire; Hausman; Thompson; Hilty; Mares; Rukavina; Evans and Solberg introduced:

H. F. No. 1764, A bill for an act relating to historical preservation; ensuring protection for the historic Camp Coldwater Springs area; proposing coding for new law in Minnesota Statutes, chapter 138.

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

Abrams introduced:

H. F. No. 1765, A bill for an act relating to elections; providing for more accurate election results; authorizing and financing certain equipment upgrades; eliminating certain obsolete language; providing for translation of voting instructions; appropriating money; amending Minnesota Statutes 2000, sections 204B.22, subdivision 3; 204B.27, by adding a subdivision; and 206.81; proposing coding for new law in Minnesota Statutes, chapter 206; repealing Minnesota Statutes 2000, section 204C.15, subdivision 2a.

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

Holberg introduced:

H. F. No. 1766, A bill for an act relating to the legislature; coordinating legislative districts and congressional districts; amending Minnesota Statutes 2000, sections 2.021; and 2.031, subdivision 1.

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

Anderson, I., introduced:

H. F. No. 1767, A bill for an act relating to education; allowing high schools to provide driver education classroom instruction on interactive television; providing for rulemaking.

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

Mullery, Mares, Smith and Wenzel introduced:

H. F. No. 1768, A bill for an act relating to retirement; requiring the Minneapolis police relief association to establish a voluntary employee benefit organization; proposing coding for new law in Minnesota Statutes, chapter 423B.

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

Stanek and Lindner introduced:

H. F. No. 1769, A bill for an act relating to transportation; appropriating money to metropolitan council for demonstration project providing express bus service between downtown Minneapolis and locations outside transit taxing district.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 754

Finseth, Goodno, Lieder, Skoe, Marquart and Penas introduced:

H. F. No. 1770, A bill for an act relating to appropriations; appropriating money for ring dikes.

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

Finseth, Goodno, Lieder, Skoe, Marquart and Penas introduced:

H. F. No. 1771, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; removing references to specific subwatershed projects; appropriating money for flood hazard mitigation grants for the Red river basin; amending Minnesota Statutes 2000, section 103F.161, subdivision 3.

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

Kahn; Mares; Anderson, B.; Biernat and Mahoney introduced:

H. F. No. 1772, A bill for an act relating to retirement; providing an exception to the restriction on contributions to supplemental pension plans; amending Minnesota Statutes 2000, section 356.24, subdivision 1.

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

Swenson; Molnau; Clark, J.; Lieder and Ruth introduced:

H. F. No. 1773, A bill for an act relating to railroads; appropriating money for the Minnesota rail service improvement program.

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

Clark, J.; Molnau; Ruth and Vandeveer introduced:

H. F. No. 1774, A bill for an act relating to highways; appropriating money to the commissioner of transportation for advance acquisition of trunk highway right-of-way.

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

Hausman, Lieder and Winter introduced:

H. F. No. 1775, A bill for an act relating to transit; appropriating money to the metropolitan council for metropolitan transit operating and capital assistance; appropriating money to the commissioner of transportation for commuter rail projects and greater Minnesota transit operating and capital assistance.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 755

Lieder; Clark, J., and Juhnke introduced:

H. F. No. 1776, A bill for an act relating to highways; appropriating money to commissioner of transportation for constructing, reconstructing, and rehabilitating trunk highway bridges.

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

Walz, Stanek, Tuma, Wenzel and Skoglund introduced:

H. F. No. 1777, A bill for an act relating to public safety; appropriating money for grants for law enforcement costs associated with methamphetamine labs.

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

Walz; Wenzel; Fuller; Lieder; Anderson, I.; Stang; Osskopp and Howes introduced:

H. F. No. 1778, A bill for an act relating to veterans; providing for placement in the Capitol of a plaque commemorating the soldiers who participated in the Bataan Death March.

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

Westrom, Gunther, Stang, Hilty, Lieder and Gerlach introduced:

H. F. No. 1779, A bill for an act relating to telecommunications; requiring immediate credit for calls made to directory assistance when incorrect information is given; proposing coding for new law in Minnesota Statutes, chapter 237.

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

Rhodes, Folliard and Ozment introduced:

H. F. No. 1780, A bill for an act relating to natural resources; appropriating money for the Westwood Hills nature center.

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

Walz introduced:

H. F. No. 1781, A bill for an act relating to corrections; continuing the task force for agency purchasing from correctional agencies; removing obsolete language referencing the secure treatment unit operated by Regions Hospital; requiring the commissioners of corrections and human services to develop alternative equivalent standards for chemical dependency treatment programs for correctional facilities under certain circumstances; creating a peer review committee in the health correctional system; 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; providing that investigation of inmate deaths be initiated by the commissioner of corrections; making it a crime for employees, contract personnel, or volunteers of a correctional


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 756

system to engage in certain sexual activities with offenders in correctional facilities; authorizing HIV test results to be maintained in inmate medical records; amending Minnesota Statutes 2000, sections 16B.181, subdivision 2; 241.021, subdivisions 4, 4a, 6, by adding a subdivision; 390.11, subdivision 1, by adding subdivisions; 390.32, by adding a subdivision; 609.344, subdivision 1; 609.345, subdivision 1; 611A.19.

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

Otremba introduced:

H. F. No. 1782, A bill for an act relating to natural resources; adding a river as a canoe and boating route; amending Minnesota Statutes 2000, section 85.32, subdivision 1.

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

Smith, Mares and Wenzel introduced:

H. F. No. 1783, A bill for an act relating to retirement; increasing contribution rates for the correctional plan in the Minnesota state retirement system; amending Minnesota Statutes 2000, sections 352.92, subdivisions 1 and 2; and 352.93, subdivision 2a.

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

Skoglund, Stanek, Tuma, Winter, Walz, Hilstrom, Biernat and Bernardy introduced:

H. F. No. 1784, A bill for an act relating to crimes; defining and specifying treatment of controlled substance analogue; prescribing penalties for unlawful sale and possession of amphetamine and gamma hydroxybutyric acid; amending Minnesota Statutes 2000, sections 152.01, by adding a subdivision; 152.02, subdivisions 2 and 4; 152.021, subdivisions 1 and 2; 152.022, subdivisions 1 and 2; 152.023, subdivisions 1 and 2; and 152.024, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 152.

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

Ozment, Finseth, Hackbarth, Tingelstad and Osthoff introduced:

H. F. No. 1785, A bill for an act relating to appropriations; appropriating money for the Science Museum of Minnesota.

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

Kubly, Seifert, Peterson, Davids and Gunther introduced:

H. F. No. 1786, A bill for an act relating to appropriations; appropriating money for travel information facilities in the upper Minnesota valley.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 757

Walker; Abeler; Koskinen; Huntley; Dawkins; Clark, K., and Bernardy introduced:

H. F. No. 1787, A bill for an act relating to taxation; exempting certain payments from the MinnesotaCare tax; amending Minnesota Statutes 2000, section 295.53, subdivision 1.

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

Lindner; Gunther; Clark, K.; Gerlach; Walz and Bradley introduced:

H. F. No. 1788, A bill for an act relating to appropriations; appropriating money for a rental housing assistance program for persons with mental illness.

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

Lindner; Clark, K.; Gerlach; Walz and Bradley introduced:

H. F. No. 1789, A bill for an act relating to employment; appropriating money for employment support services.

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

Workman, Goodwin and Smith introduced:

H. F. No. 1790, A bill for an act relating to child protection; establishing provisions dealing with maltreatment of a child in a facility; clarifying access to medical records for purposes of maltreatment investigations; providing additional appeal rights for interested persons acting on behalf of a child; expanding duties of facility operators; providing additional criminal liability for knowingly permitting conditions that allow maltreatment of a child in a facility to occur; requiring training; imposing criminal penalties; amending Minnesota Statutes 2000, sections 13.461, subdivision 17; 626.556, subdivisions 2, 10, 10b, 10d, 10e, 10f, 10i, 11, and 12; and 626.559, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Otremba introduced:

H. F. No. 1791, A bill for an act relating to health; providing for waiver of certain ambulance staffing requirements; amending Minnesota Statutes 2000, section 144E.101, subdivision 6.

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

Otremba introduced:

H. F. No. 1792, A bill for an act relating to education finance; stabilizing referendum revenue in districts with declining enrollment; amending Minnesota Statutes 2000, section 126C.05, subdivision 6.

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


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Kahn, Smith, Wenzel and Murphy introduced:

H. F. No. 1793, A bill for an act relating to retirement; authorizing the Minneapolis police relief association to conduct a referendum of its members in accordance with certain procedures; amending Minnesota Statutes 2000, section 423B.05, by adding a subdivision.

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

Otremba introduced:

H. F. No. 1794, A bill for an act relating to human services; providing emergency energy assistance for nursing facilities; appropriating money.

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

Eastlund; Molnau; Ruth; Clark, J., and Vandeveer introduced:

H. F. No. 1795, A bill for an act relating to highways; directing the commissioner of finance to transfer $20,000,000 from the general fund to the transportation revolving loan fund.

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

Otremba introduced:

H. F. No. 1796, A bill for an act relating to insurance; regulating the reporting of insurance information; prohibiting credit scoring; amending Minnesota Statutes 2000, sections 72A.20, by adding a subdivision; and 72A.491, subdivision 5.

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

Peterson introduced:

H. F. No. 1797, A bill for an act relating to education finance; authorizing a fund transfer for independent school district No. 378, Dawson-Boyd.

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

Wenzel, Mares, Smith, Skoglund and Murphy introduced:

H. F. No. 1798, A bill for an act relating to retirement; including certain correctional employees in the correctional employees retirement plan; providing coverage for prior state service for certain persons; amending Minnesota Statutes 2000, section 352.91, subdivision 3g.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 759

Sertich; Gunther; Mahoney; Clark, K.; Stang; Marquart and Lindner introduced:

H. F. No. 1799, A bill for an act relating to centers for independent living; appropriating money.

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

Stang, Kelliher, Rhodes, Larson, Gray, Hausman, Walker, Kahn and Jaros introduced:

H. F. No. 1800, A bill for an act relating to liquor; authorizing the cities of Minneapolis, St. Paul, Duluth, and Bloomington to adopt ordinances authorizing on-sales at hotels during certain hours; exempting certain sales from on-sale hours restrictions; amending Minnesota Statutes 2000, section 340A.504, by adding subdivisions.

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

Clark, K.; Kalis; Walker and Kubly introduced:

H. F. No. 1801, A bill for an act relating to aftercare for chemical dependency; imposing a "nickel-a-drink" tax on alcoholic beverages; providing for deposit of revenues; earmarking revenues for aftercare services and programs; amending Minnesota Statutes 2000, sections 254B.05, subdivision 1; 297G.05, subdivisions 1, 2; 297G.10; proposing coding for new law in Minnesota Statutes, chapters 254B; 297G; 299A.

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

Johnson, R.; Gunther; Swenson; Peterson and Kelliher introduced:

H. F. No. 1802, A bill for an act relating to agriculture finance; providing additional funding for manure methane digester loans; appropriating money.

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

Walker, Koskinen, Abeler, Huntley, Gray and Clark, K., introduced:

H. F. No. 1803, A bill for an act relating to human services; repealing the MFIP unearned income provision relating to public housing and assisted rental subsidies; amending Minnesota Statutes 2000, section 256J.37, subdivision 9.

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

Winter, Skoglund, Jaros, Otremba and Kubly introduced:

H. F. No. 1804, A bill for an act relating to human services; providing automatic annual inflation adjustments for hospitals, nursing facilities, ICF/MRs, and home and community-based providers; providing an additional rate increase for nursing facilities, ICF/MRs, and home and community-based providers; amending Minnesota Statutes 2000, sections 256.969, subdivision 1; 256B.431, subdivisions 21, 26, by adding a subdivision; 256B.434, subdivision 4; 256B.435, subdivisions 1, 3; 256B.5011, subdivision 1; 256B.5012, subdivisions 2, 3, by adding a subdivision; 256B.765.

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


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Folliard; Koskinen; Clark, K.; Otremba; Hausman; Johnson, R.; Mariani; Dorn; Dawkins; Paymar; Greiling; Rukavina; Davnie and Hilty introduced:

H. F. No. 1805, A bill for an act relating to welfare; providing exemptions from and extensions of the 60-month time limit on MFIP assistance; amending Minnesota Statutes 2000, section 256J.42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 256J.

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

Knoblach and Opatz introduced:

H. F. No. 1806, A bill for an act relating to taxes; sales and use tax; allowing the cities of St. Cloud, Sartell, Sauk Rapids, Waite Park, St. Joseph, and St. Augusta to impose local sales and use taxes to fund certain projects.

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

Skoglund introduced:

H. F. No. 1807, A bill for an act relating to children; providing for measures to improve child support collection and enforcement; providing civil penalties; amending Minnesota Statutes 2000, sections 13B.06, subdivision 7; 256.01, subdivision 2; 256.741, subdivisions 1 and 5; 256.979, subdivisions 5 and 6; 393.07, by adding a subdivision; 518.551, subdivision 13; 518.5513, subdivision 5; 518.575, subdivision 1; 518.5851, by adding a subdivision; 518.5853, by adding a subdivision; 518.6195; 518.64, subdivision 2; 518.641, subdivisions 1, 2, 3, and by adding a subdivision; and 548.091, subdivision 1a; repealing Minnesota Statutes 2000, section 518.641, subdivisions 4 and 5.

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

Clark, J., and Tuma introduced:

H. F. No. 1808, A bill for an act relating to crime prevention; adding the chemical substance known as MDMA to the list of schedule I controlled substances; adding the chemical substances known as MDMA and MDA to certain controlled substance penalty enhancement provisions; amending Minnesota Statutes 2000, sections 152.02, subdivision 2; 152.022, subdivision 1; and 152.023, subdivision 2.

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

Fuller and Tuma introduced:

H. F. No. 1809, A bill for an act relating to crime prevention; clarifying the impaired driving consecutive sentencing provisions; amending Minnesota Statutes 2000, sections 169A.28, subdivision 2; 609.035, subdivision 2.

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


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Fuller and Tuma introduced:

H. F. No. 1810, A bill for an act relating to crime prevention; requiring health professionals to report injuries resulting from alcohol-related or controlled substance-related accidents when asked by a peace officer and granting civil and criminal immunity for these reports; amending Minnesota Statutes 2000, sections 626.52; and 626.55, subdivision 1; repealing Minnesota Statutes 2000, section 626.55, subdivision 2.

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

Anderson, I., introduced:

H. F. No. 1811, A bill for an act relating to retirement; changing the effective date of modifications to the judges retirement plan; amending Laws 2000, chapter 461, article 18, section 10.

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. 1812, A bill for an act relating to child care; appropriating money for the basic sliding fee child care program; repealing Laws 1999, chapter 205, article 1, section 63.

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

McGuire introduced:

H. F. No. 1813, A bill for an act relating to alcoholic beverages; establishing an alcohol compliance grant program; requiring certain reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299L.

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

Swenson, Mulder, Marquart and Skoe introduced:

H. F. No. 1814, A bill for an act relating to county agricultural societies; providing indexed funding levels for exhibitor awards; appropriating money; amending Minnesota Statutes 2000, section 38.02, subdivision 1.

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

Dorman, Finseth, Kuisle, Swenson, Skoe, Westrom, Ness, Juhnke and Schumacher introduced:

H. F. No. 1815, A bill for an act relating to agriculture; modifying provisions relating to feedlots; proposing coding for new law in Minnesota Statutes, chapter 116.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 762

Seifert introduced:

H. F. No. 1816, A bill for an act relating to human services; requiring the commissioner of human services to submit a waiver amendment to expand consumer-directed community support services.

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

Workman, Juhnke, Howes, Lieder and Kuisle introduced:

H. F. No. 1817, A bill for an act relating to utilities; modifying provisions regulating utility facilities in railroad rights-of-way; amending Minnesota Statutes 2000, section 237.04.

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

McGuire introduced:

H. F. No. 1818, A bill for an act relating to alcoholic beverages; establishing an alcohol compliance grant program; imposing minimum civil and license penalties for underage sale violations; requiring certain reports; appropriating money; amending Minnesota Statutes 2000, section 340A.415; proposing coding for new law in Minnesota Statutes, chapter 299L.

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

Nornes introduced:

H. F. No. 1819, A bill for an act relating to health; eliminating commissioner's reporting requirement for alcohol and drug counselors; providing for exchange of information for investigations of alcohol and drug counselors; amending Minnesota Statutes 2000, sections 148C.03, subdivision 1; and 148C.099.

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

Clark, J., introduced:

H. F. No. 1820, A bill for an act relating to taxation; sales and use; exempting the purchase of construction materials and equipment used in constructing or improving certain buildings in the city of New Ulm; amending Minnesota Statutes 2000, section 297A.71, by adding a subdivision.

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

Kuisle and Workman introduced:

H. F. No. 1821, A bill for an act relating to commerce; allowing licensing exemption for certain sales of horse trailers and temporary sales of recreational vehicles; amending Minnesota Statutes 2000, section 168.27, subdivision 10.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 763

Ozment introduced:

H. F. No. 1822, A bill for an act relating to the environment; providing for revenues and expenditures from the environmental fund; establishing a remediation fund; appropriating money; amending Minnesota Statutes 2000, sections 16A.531, subdivision 1, by adding subdivisions; 115.073; 115.56, subdivision 4; 115A.908, subdivisions 1, 2; 115A.9651, subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2; 115B.421; 115B.445; 115B.48, subdivision 2; 115B.49, subdivisions 2, 3, 4; 115B.50, subdivision 3; 116.07, subdivisions 4d, 4h; 116.994; 116C.834, subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, subdivision 1; 325E.112, subdivision 3; 469.175, subdivision 7; 473.843, subdivision 2; 473.844, subdivisions 1, 1a; 473.845, subdivisions 3, 7, 8; 473.846; proposing coding for new law in Minnesota Statutes, chapter 116; repealing Minnesota Statutes 2000, sections 2.0230; 115B.02, subdivision 1a; 115B.19; 115B.22, subdivision 8; 115B.42, subdivision 1; 115B.48, subdivision 2; 115B.49, subdivision 1; 116.12; 297H.13, subdivisions 3, 4; 325E.113; 473.845, subdivisions 1, 4; Minnesota Rules, parts 7002.0210; 7002.0220; 7002.0230; 7002.0240; 7002.0250; 7002.0270; 7002.0280; 7002.0290; 7002.0300; 7002.0305; 7002.0310.

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

Holberg, McGuire, Gerlach, Paymar and Dempsey introduced:

H. F. No. 1823, A bill for an act relating to human services; authorizing a grant for a residential rehabilitative program for chemically dependent women leaving prostitution; appropriating money.

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

Stanek, Fuller, Skoglund, Tuma, Schumacher and Hilstrom introduced:

H. F. No. 1824, A bill for an act relating to public safety; appropriating money for reimbursement grants to organizations that have contributed members to the criminal gang strike force.

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

Harder introduced:

H. F. No. 1825, A bill for an act relating to education finance; authorizing a fund transfer for independent school district No. 173, Mountain Lake.

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

Erickson introduced:

H. F. No. 1826, A bill for an act relating to veterans; changing certain educational assistance provisions; amending Minnesota Statutes 2000, section 197.75, subdivisions 1 and 2.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 764

Swenson introduced:

H. F. No. 1827, A bill for an act relating to the environment; expanding the pollution control agency's authority to expedite permits; amending Minnesota Statutes 2000, section 116.07, subdivision 4d.

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

Ozment introduced:

H. F. No. 1828, A bill for an act relating to wetlands; modifying provisions relating to classification and replacement; creating a wetland delineator certification program; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2000, sections 103F.516, subdivisions 1, 2, and 3; 103F.612, by adding a subdivision; 103G.127; 103G.201; 103G.223; 103G.2242, subdivisions 9, 12, and by adding a subdivision; 103G.2372, subdivision 1; and 103G.245, subdivision 5.

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

Larson, Bradley, Goodno and Huntley introduced:

H. F. No. 1829, A bill for an act relating to human services; expanding medical assistance to cover intensive early intervention behavior therapy for autistic children; amending Minnesota Statutes 2000, section 256B.0625, by adding a subdivision.

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

Workman, Kuisle, Hausman, Juhnke and Vandeveer introduced:

H. F. No. 1830, A bill for an act relating to government data; authorizing certain accident data to be made public; amending Minnesota Statutes 2000, section 169.09, subdivision 13.

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

Anderson, B.; Hilty; Jaros; Rhodes; Osskopp; Tingelstad; Evans; Thompson; Greiling; Seifert; Biernat; McGuire and Gray introduced:

H. F. No. 1831, A bill for an act relating to elections; adopting an instant runoff voting system; appropriating money; amending Minnesota Statutes 2000, sections 200.02, by adding a subdivision; 204B.03; 204B.04, subdivision 2; 204B.36, subdivision 2; 204D.03, subdivision 1; 204D.05, subdivision 3; 204D.08, subdivision 3; 204D.10, subdivision 1; 204D.12; proposing coding for new law in Minnesota Statutes, chapter 204C; repealing Minnesota Statutes 2000, sections 204B.04, subdivision 3; 204B.13, subdivision 4; 204D.05, subdivision 2; 204D.07, subdivision 3; 204D.08, subdivision 6; 204D.10, subdivision 3; 205.065; 205A.03.

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

Goodno, Abeler, Jennings, Boudreau, Bradley, Kuisle, Wilkin and Mulder introduced:

H. F. No. 1832, A bill for an act relating to human services; modifying MFIP provisions; modifying sanctions and program eligibility requirements for noncompliant MFIP recipients; establishing hardship extensions; amending Minnesota Statutes 2000, sections 256J.08, by adding a subdivision; 256J.09, subdivisions 2, 3; 256J.15, by adding


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 765

a subdivision; 256J.24, subdivision 10; 256J.26, subdivision 1; 256J.31, subdivision 4; 256J.42, subdivision 1, by adding a subdivision; 256J.44, subdivision 1; 256J.46, subdivisions 1, 2a, by adding a subdivision; 256J.50, subdivisions 1, 7; 256J.56; 256J.57, subdivision 2; 256J.62, subdivision 9; 256J.625, subdivisions 1, 2, 4; 256J.751; proposing coding for new law in Minnesota Statutes, chapter 256J; repealing Minnesota Statutes 2000, sections 256J.42, subdivision 4; 256J.46, subdivision 1a.

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

Goodno, Huntley, Koskinen and Abeler introduced:

H. F. No. 1833, A bill for an act relating to human services; authorizing a pilot project to increase nursing facility reimbursement to provide services to persons with multiple sclerosis; appropriating money.

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

Marquart, Finseth, Wenzel, Kubly and Solberg introduced:

H. F. No. 1834, A bill for an act relating to appropriations; authorizing grants to the cities of Breckenridge and East Grand Forks to reimburse expenses in connection with temporary financing in anticipation of FEMA financing for 1997 flood recovery projects; appropriating money.

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

Tuma, Stanek, Murphy, Hilstrom and Lipman introduced:

H. F. No. 1835, A bill for an act relating to crime prevention; authorizing local government units to establish a financial crimes investigation unit; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2000, section 299A.68.

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

Westrom, Workman, Finseth, Peterson, Kubly, Penas and Clark, J., introduced:

H. F. No. 1836, A bill for an act relating to traffic regulations; authorizing permits for vehicles and combinations up to 88,000 pounds gross weight on interstate highways; setting the fee for such permits; authorizing sale of permits in books of ten; amending Minnesota Statutes 2000, section 169.86, subdivision 5.

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

Clark, K.; Holberg; Lipman and Boudreau introduced:

H. F. No. 1837, A bill for an act relating to the courts; allowing for creation of voluntary landlord and tenant mediation programs; proposing coding for new law in Minnesota Statutes, chapter 484.

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


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Koskinen, Huntley, Abeler and Otremba introduced:

H. F. No. 1838, A bill for an act relating to human services; establishing a long-term care facility employee health coverage account; establishing a task force to develop a plan for subsidized health coverage for long-term care facility employees; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Mares introduced:

H. F. No. 1839, A bill for an act relating to retirement; volunteer firefighters; allowing relief associations to pay service pensions to former members who are full-time employees of the fire department; amending Minnesota Statutes 2000, section 424A.02, subdivision 1.

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

Slawik introduced:

H. F. No. 1840, A bill for an act relating to human services; extending the expiration date for certain advisory councils and committees; amending Minnesota Statutes 2000, section 15.059, subdivisions 5 and 5a.

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

Kelliher; Mullery; Dibble; Gray; Walker; Davnie; Clark, K.; Skoglund; Kahn and Biernat introduced:

H. F. No. 1841, A bill for an act relating to taxation; increasing the maximum sum of the rates of certain sales taxes imposed by the city of Minneapolis; amending Laws 1986, chapter 396, section 5.

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

Westerberg, Davids, Walz, Ruth and Holberg introduced:

H. F. No. 1842, A bill for an act relating to individual income taxation; allowing an exclusion for long-term capital gains; amending Minnesota Statutes 2000, sections 290.01, subdivision 19b; and 290.091, subdivision 2.

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

Mullery, Skoglund, Hilstrom and Walz introduced:

H. F. No. 1843, A bill for an act relating to criminal sentencing; providing standards for the imposition of geographic restrictions on offenders on probation and supervised release; amending Minnesota Statutes 2000, sections 244.05, by adding a subdivision; 609.135, 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.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 767

Mullery, Skoglund, Hilstrom and Walz introduced:

H. F. No. 1844, A bill for an act relating to crime prevention; providing for the regulation of gang loitering; providing criminal penalties; 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.

Marquart, Finseth, Skoe, Lieder and Penas introduced:

H. F. No. 1845, A bill for an act relating to natural resources; appropriating money for the Red river basin board.

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

Mullery and Skoglund introduced:

H. F. No. 1846, A bill for an act relating to appropriations; appropriating money to improve passenger and driver safety on MCTO buses.

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

Wilkin, Krinkie and Holberg introduced:

H. F. No. 1847, A bill for an act relating to education finance; increasing the basic formula allowance; eliminating compensatory revenue; amending Minnesota Statutes 2000, sections 126C.10, subdivisions 2, 4, 19; repealing Minnesota Statutes 2000, sections 126C.05, subdivision 3; 126C.10, subdivision 3; section 126C.15, subdivisions 1, 2, 3.

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

Knoblach, Dawkins, Wilkin and Abrams introduced:

H. F. No. 1848, A bill for an act relating to taxation; individual income; reducing marriage penalties; amending Minnesota Statutes 2000, sections 290.067, subdivision 2a; 290.0671, subdivisions 1, 1a; 290.0802, subdivisions 1, 2; 290.091, subdivision 3.

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

Mullery, Skoglund, Hilstrom and Walz introduced:

H. F. No. 1849, A bill for an act relating to crime; adds solicitation, inducement, and promotion of prostitution to the list of crimes subject to increased sentences in certain cases; amending Minnesota Statutes 2000, section 609.1095, subdivision 1.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 768

Abeler, Pelowski, Tingelstad and Mares introduced:

H. F. No. 1850, A bill for an act relating to education; establishing a three-year pilot project to explore alternative models for delivering education by expanding the flexible learning year program.

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

Abeler, Mulder and Huntley introduced:

H. F. No. 1851, A bill for an act relating to human services; requiring the commissioner of human services to identify and address nonfinancial barriers to provider participation in state health care programs.

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

Abeler, Bradley, Mares, Goodwin, Bishop, Pelowski and Tingelstad introduced:

H. F. No. 1852, A bill for an act relating to education finance; continuing the referendum offset adjustment until a district's referendum is renewed; amending Minnesota Statutes 2000, section 126C.10, subdivision 23.

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

Abeler, Pelowski, Tingelstad, Tuma and Otremba introduced:

H. F. No. 1853, A bill for an act relating to education finance; providing 100 percent state funding for special education revenue over a seven-year period; appropriating money; amending Minnesota Statutes 2000, sections 125A.76, subdivisions 1, 2, 4; 125A.79, subdivisions 1, 2; repealing Minnesota Statutes 2000, section 125A.79, subdivisions 5, 6, 7.

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

Abeler, Pelowski, Tingelstad, Tuma and Otremba introduced:

H. F. No. 1854, A bill for an act relating to education; developing special education services and access to information; amending Minnesota Statutes 2000, sections 122A.18, by adding a subdivision; 122A.61, subdivision 1; 125A.76, subdivision 1.

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

Knoblach, Tuma, Dempsey and Rhodes introduced:

H. F. No. 1855, A bill for an act relating to public administration; providing for design-build contracts; providing for exempt rules; amending Minnesota Statutes 2000, section 16B.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 16C.

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


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 769

Mullery introduced:

H. F. No. 1856, A bill for an act relating to animals; providing criminal penalties for activities related to cockfighting, dogfighting, and fighting of other domestic animals; creating procedures for disposition and care of the animals; providing for hearings; clarifying admissibility of certain evidence; amending Minnesota Statutes 2000, section 343.31.

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

Smith; Luther; Swapinski; Clark, J.; Lindner; Bishop; Mahoney and Leighton introduced:

H. F. No. 1857, A bill for an act relating to dispute resolution; providing for arbitration of disputes; adopting the Uniform Arbitration Act; amending Minnesota Statutes 2000, sections 80C.146, subdivision 2; 122A.40, subdivision 15; 122A.41, subdivision 13; 179.09; 325E.37, subdivision 5; 325F.665, subdivision 6; 469.1762; and 572A.02, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 572B; repealing Minnesota Statutes 2000, sections 572.08; 572.09; 572.10; 572.11; 572.12; 572.13; 572.14; 572.15; 572.16; 572.17; 572.18; 572.19; 572.20; 572.21; 572.22; 572.23; 572.24; 572.25; 572.26; 572.27; 572.28; 572.29; and 572.30.

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

Cassell, Dehler, Pelowski, Dorn and Leppik introduced:

H. F. No. 1858, A bill for an act relating to higher education; creating a technical college printing and publishing program; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 136F.

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

McElroy and Rhodes introduced:

H. F. No. 1859, A bill for an act relating to state government; creating the department of economic and workforce development; transferring certain duties of the departments of trade and economic development, economic security, and labor and industry; providing for a transition team; appropriating money; amending Minnesota Statutes 2000, section 15.01.

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

Bishop, Leppik, Kelliher, Rhodes and Huntley introduced:

H. F. No. 1860, A bill for an act relating to health; requiring hospital emergency rooms to provide emergency contraception and information to sexual assault victims; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Holberg; Workman; Kuisle; Clark, J., and Molnau introduced:

H. F. No. 1861, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 5; allowing general obligation bonds to be issued for highways.

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


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Seagren, Pelowski, Erickson and Dorn introduced:

H. F. No. 1862, A bill for an act relating to education; clarifying advanced placement and international baccalaureate program provisions; appropriating money; amending Minnesota Statutes 2000, section 120B.13, subdivisions 1, 2.

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

Leppik, Huntley, Abeler and Goodno introduced:

H. F. No. 1863, A bill for an act relating to human services; providing a rate increase for mental health services under certain circumstances; appropriating money; amending Minnesota Statutes 2000, section 256B.76.

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

Huntley introduced:

H. F. No. 1864, A bill for an act relating to human services; removing an ineligibility provision for general assistance and general assistance medical care; amending Laws 1997, chapter 203, article 9, section 21, as amended.

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

Milbert and Pugh introduced:

H. F. No. 1865, A bill for an act relating to education; authorizing a grant to school district No. 199, Inver Grove, for a full day kindergarten program; appropriating money.

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

Kelliher, Mullery, Dibble, Davnie, Koskinen, Murphy and Kahn introduced:

H. F. No. 1866, A bill for an act relating to unemployment insurance; providing for parenting leave benefit eligibility; regulating solvency assessments; amending Minnesota Statutes 2000, sections 268.051, subdivisions 2, 8; 268.085, by adding a subdivision.

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

Walker, Folliard, Slawik, Tingelstad, Huntley and Koskinen introduced:

H. F. No. 1867, A bill for an act relating to health; appropriating money for a grant to the city of Minneapolis for a health education and promotion program on food safety.

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


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Davids, Sviggum, Sertich, Kelliher and Seifert introduced:

H. F. No. 1868, A bill for an act relating to public employees; establishing a mandatory statewide health insurance plan for school district employees; providing for postretirement health insurance coverage through individual trust funds; establishing a labor-management team to design the insurance plan; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Anderson, B.; Erickson; Krinkie; Buesgens; Rhodes; Eastlund and Kahn introduced:

H. F. No. 1869, A bill for an act relating to state government; changing the expiration dates of certain advisory councils and committees and other multimember entities; amending Minnesota Statutes 2000, sections 6.65; 15.059, subdivisions 5 and 5a; 15.50, subdivision 2; 16B.27, subdivision 3; 16B.76, subdivision 1; 17.136; 18B.305, subdivision 3; 21.112, subdivision 2; 28A.20, subdivision 6; 43A.316, subdivision 4; 62J.15, subdivision 1; 62J.46, subdivision 1; 62Q.03, subdivision 5a; 82B.05, subdivision 1; 122A.624, subdivision 2; 144.672, subdivision 1; 144A.073, subdivisions 2 and 3; 145A.10, subdivision 10; 148C.11, subdivision 3; 161.17, subdivision 2; 174.55, subdivision 1; 256B.0917, subdivisions 1 and 2; 256B.093, subdivision 1; 256B.69, subdivision 5b; 256E.115, subdivision 1; 268.362, subdivision 2; and 402.03; repealing Minnesota Statutes 2000, sections 17.49, subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 116C.711; 124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 137.342, subdivision 2; 144A.073, subdivision 3c; 144A.31; 162.09, subdivision 2; 256.955, subdivision 5; 256B.0625, subdivision 13a; 256B.0911, subdivision 8; 256B.434, subdivision 13; 268.361, subdivision 2; 268.363; 299A.295, subdivision 2; 299K.03, subdivision 4; and 299M.02.

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

Otremba introduced:

H. F. No. 1870, A bill for an act relating to MinnesotaCare; excluding certain families and individuals from the 18-month employer-subsidized coverage barrier; amending Minnesota Statutes 2000, section 256L.07, subdivision 2.

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

Huntley introduced:

H. F. No. 1871, A bill for an act relating to human services; changing the supplementary service rate; amending Minnesota Statutes 2000, section 256I.05, subdivision 1d.

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

Marquart and Gunther introduced:

H. F. No. 1872, A bill for an act relating to vocational rehabilitation; making technical changes; modifying procedures for grants to rehabilitation facilities; amending Minnesota Statutes 2000, sections 268A.06, subdivision 1; and 268A.08; repealing Minnesota Statutes 2000, section 268A.06, subdivision 3.

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


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

RECESS

The House recessed for music and a resolution in honor of St. Patrick's Day.

RECONVENED

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 6, A senate concurrent resolution relating to adoption of revenue targets under Minnesota Statutes 2000, section 16A.102, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Senate Concurrent Resolution No. 6 was referred to the Committee on Ways and Means.

CONSENT CALENDAR

S. F. No. 400 was reported to the House.

Upon objection of ten members, S. F. No. 400 was stricken from the Consent Calendar and placed on the General Register.

CALENDAR FOR THE DAY

S. F. No. 433 was reported to the House.

Otremba moved to amend S. F. No. 433 as follows:

Page 1, line 9, before "The" insert "(a)"

Page 1, after line 14, insert:

"(b) Any organization or an affiliate of an organization which provides abortions, promotes abortions, or directly refers for abortions, shall be ineligible to receive funds under this subdivision."


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Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Bishop moved to amend the Otremba amendment to S. F. No. 433 as follows:

Page 1, line 6 of the Otremba amendment, delete "ineligible" and insert "eligible"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 51 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Abrams Dibble Hilstrom Kelliher McElroy Slawik
Bakk Entenza Hilty Koskinen McGuire Swapinski
Bernardy Erhardt Holsten Larson Mullery Thompson
Biernat Evans Huntley Leighton Osthoff Wagenius
Bishop Folliard Jaros Leppik Paymar Walker
Carlson Goodwin Jennings Luther Rhodes Wasiluk
Clark, K. Gray Johnson, R. Mahoney Rukavina
Davnie Greiling Johnson, S. Mariani Sertich
Dawkins Hausman Kahn Marko Skoglund

Those who voted in the negative were:

Abeler Eastlund Juhnke Molnau Peterson Tuma
Anderson, B. Erickson Kalis Mulder Pugh Vandeveer
Anderson, I. Finseth Kielkucki Murphy Rifenberg Walz
Boudreau Fuller Knoblach Ness Ruth Wenzel
Bradley Gerlach Krinkie Nornes Seagren Westerberg
Buesgens Goodno Kubly Olson Seifert Westrom
Cassell Gunther Kuisle Opatz Skoe Wilkin
Clark, J. Haas Lenczewski Osskopp Smith Winter
Daggett Hackbarth Lieder Otremba Solberg Wolf
Davids Harder Lindner Ozment Stanek Workman
Dehler Holberg Lipman Paulsen Stang Spk. Sviggum
Dempsey Howes Mares Pawlenty Swenson
Dorman Jacobson Marquart Pelowski Sykora
Dorn Johnson, J. Milbert Penas Tingelstad

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

POINT OF ORDER

Skoglund raised a point of order pursuant to rule 3.21 that the Otremba amendment was not in order. The Speaker ruled the point of order not well taken and the Otremba amendment in order.


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The question recurred on the Otremba amendment to S. F. No. 433. The motion did not prevail and the amendment was not adopted.

S. F. No. 433, A bill for an act relating to local government; increasing the amount for which a township may contract for health, social, and recreational services; amending Minnesota Statutes 2000, section 365.10, subdivision 14.

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 118 yeas and 13 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Howes Kalis Otremba Smith
Bakk Huntley Krinkie Rifenberg
Biernat Juhnke Kubly Sertich

The bill was passed and its title agreed to.

MOTIONS AND RESOLUTIONS

Clark, K., moved that the name of Evans be added as an author on H. F. No. 232. The motion prevailed.

Swenson moved that the name of Johnson, R., be added as an author on H. F. No. 347. The motion prevailed.


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Entenza moved that his name be stricken as an author on H. F. No. 401. The motion prevailed.

Westerberg moved that the name of Bernardy be added as an author on H. F. No. 456. The motion prevailed.

Folliard moved that the name of Evans be added as an author on H. F. No. 521. The motion prevailed.

Goodno moved that the name of Olson be added as an author on H. F. No. 559. The motion prevailed.

Bishop moved that the name of Bernardy be added as an author on H. F. No. 678. The motion prevailed.

Goodno moved that the name of Bernardy be added as an author on H. F. No. 703. The motion prevailed.

Sertich moved that the name of Marquart be added as an author on H. F. No. 728. The motion prevailed.

Sertich moved that the name of Marquart be added as an author on H. F. No. 740. The motion prevailed.

Abeler moved that his name be stricken and the name of Tingelstad be shown as chief author on H. F. No. 822. The motion prevailed.

Mulder moved that the name of Huntley be added as an author on H. F. No. 886. The motion prevailed.

Davids moved that the name of Ness be added as an author on H. F. No. 1007. The motion prevailed.

Thompson moved that the name of Rhodes be added as an author on H. F. No. 1080. The motion prevailed.

Huntley moved that the name of Skoe be added as an author on H. F. No. 1138. The motion prevailed.

Huntley moved that the name of Skoe be added as an author on H. F. No. 1139. The motion prevailed.

Ruth moved that the name of Workman be shown as chief author on H. F. No. 1172. The motion prevailed.

Mulder moved that the name of Daggett be added as an author on H. F. No. 1216. The motion prevailed.

Osskopp moved that the names of Cassell and Abeler be added as authors on H. F. No. 1251. The motion prevailed.

Pawlenty moved that the name of Abeler be added as an author on H. F. No. 1252. The motion prevailed.

Seagren moved that the name of Abeler be added as an author on H. F. No. 1280. The motion prevailed.

Holberg moved that the names of Abeler and Larson be added as authors on H. F. No. 1281. The motion prevailed.

Ruth moved that the name of Abeler be added as an author on H. F. No. 1286. The motion prevailed.

Daggett moved that the name of Abeler be added as an author on H. F. No. 1288. The motion prevailed.

Fuller moved that the name of Gerlach be added as an author on H. F. No. 1315. The motion prevailed.

Jennings moved that the name of Solberg be added as an author on H. F. No. 1323. The motion prevailed.

Sertich moved that his name be stricken as an author on H. F. No. 1360. The motion prevailed.

Clark, K., moved that the name of Kahn be added as an author on H. F. No. 1363. The motion prevailed.


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Dibble moved that the name of Kahn be added as an author on H. F. No. 1364. The motion prevailed.

Mulder moved that the name of Abeler be added as an author on H. F. No. 1436. The motion prevailed.

Abeler moved that the name of Bernardy be added as an author on H. F. No. 1464. The motion prevailed.

Jaros moved that the name of Lenczewski be added as an author on H. F. No. 1468. The motion prevailed.

Kelliher moved that the name of Abeler be added as an author on H. F. No. 1484. The motion prevailed.

Kelliher moved that the name of Lenczewski be added as an author on H. F. No. 1485. The motion prevailed.

Gunther moved that the name of Mulder be added as an author on H. F. No. 1509. The motion prevailed.

Clark, J., moved that the name of Mulder be added as an author on H. F. No. 1519. The motion prevailed.

Eastlund moved that the name of Abeler be added as an author on H. F. No. 1542. The motion prevailed.

Holsten moved that the name of Mulder be added as an author on H. F. No. 1543. The motion prevailed.

Finseth moved that the name of Mulder be added as an author on H. F. No. 1547. The motion prevailed.

Clark, K., moved that the name of Dibble be added as an author on H. F. No. 1576. The motion prevailed.

Walz moved that the name of Mulder be added as an author on H. F. No. 1585. The motion prevailed.

Slawik moved that the name of Lenczewski be added as an author on H. F. No. 1588. The motion prevailed.

Boudreau moved that the name of Kelliher be added as an author on H. F. No. 1590. The motion prevailed.

Kuisle moved that the name of Westerberg be added as an author on H. F. No. 1592. The motion prevailed.

Mares moved that the name of Mulder be added as an author on H. F. No. 1594. The motion prevailed.

Harder moved that the name of Westerberg be added as an author on H. F. No. 1605. The motion prevailed.

Wagenius moved that the names of Walker and Davnie be added as authors on H. F. No. 1613. The motion prevailed.

Gerlach moved that the name of Westerberg be added as an author on H. F. No. 1614. The motion prevailed.

Dawkins moved that the name of Koskinen be added as an author on H. F. No. 1619. The motion prevailed.

Pawlenty moved that the names of Mulder and Westerberg be added as authors on H. F. No. 1624. The motion prevailed.

Haas moved that the name of Greiling be added as an author on H. F. No. 1626. The motion prevailed.

Workman moved that the names of Swenson and Mulder be added as authors on H. F. No. 1627. The motion prevailed.

Tingelstad moved that the name of Mulder be added as an author on H. F. No. 1629. The motion prevailed.

Buesgens moved that the name of Mulder be added as an author on H. F. No. 1637. The motion prevailed.


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Bradley moved that the names of Cassell and Rifenberg be added as authors on H. F. No. 1658. The motion prevailed.

Entenza moved that the name of Westerberg be added as an author on H. F. No. 1667. The motion prevailed.

Krinkie moved that the name of Mulder be added as an author on H. F. No. 1669. The motion prevailed.

Holsten moved that the name of Westerberg be added as an author on H. F. No. 1671. The motion prevailed.

Stang moved that the names of Mulder and Westerberg be added as authors on H. F. No. 1673. The motion prevailed.

Wasiluk moved that the name of Slawik be added as an author on H. F. No. 1675. The motion prevailed.

Hackbarth moved that the name of Cassell be added as an author on H. F. No. 1677. The motion prevailed.

Kuisle moved that the name of Westerberg be added as an author on H. F. No. 1686. The motion prevailed.

Clark, K., moved that the name of Walker be added as an author on H. F. No. 1687. The motion prevailed.

Entenza moved that the name of Walker be added as an author on H. F. No. 1701. The motion prevailed.

Rukavina moved that the name of Mulder be added as an author on H. F. No. 1702. The motion prevailed.

Abeler moved that the name of Walker be added as an author on H. F. No. 1709. The motion prevailed.

Tuma moved that H. F. No. 478 be recalled from the Committee on K-12 Education Finance and be re-referred to the Committee on Crime Prevention. The motion prevailed.

Westerberg moved that H. F. No. 1368 be recalled from the Committee on Local Government and Metropolitan Affairs and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Kelliher moved that H. F. No. 1484 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Wilkin moved that H. F. No. 1517 be recalled from the Committee on Civil Law and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Tuma moved that H. F. No. 1607 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

Kelliher moved that H. F. No. 1612 be recalled from the Committee on Civil Law and be re-referred to the Committee on Environment and Natural Resources Policy. The motion prevailed.

Buesgens moved that H. F. No. 1637 be recalled from the Committee on Commerce, Jobs and Economic Development and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Goodno moved that H. F. No. 1660 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Hackbarth moved that H. F. No. 1677 be recalled from the Committee on Education Policy and be re-referred to the Committee on Civil Law. The motion prevailed.


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Wilkin moved that H. F. No. 1699 be recalled from the Committee on Commerce, Jobs and Economic Development and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Ozment moved that H. F. No. 1822 be recalled from the Committee on Education Policy and be re-referred to the Committee on Environment and Natural Resources Policy. The motion prevailed.

Mullery moved that H. F. No. 1846 be recalled from the Committee on Judiciary Finance and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Bishop introduced:

House Resolution No. 8, A house resolution setting the maximum limit on general fund expenditures for the biennium.

The resolution was referred to the Committee on Ways and Means.

The Speaker called Dehler to the Chair.

House Concurrent Resolution No. 1 was reported to the House.

HOUSE CONCURRENT RESOLUTION NO. 1

A house concurrent resolution relating to adoption of revenue targets under Minnesota Statutes 2000, section 16A.102, subdivision 2.

Be It Resolved by the House of Representatives, the Senate concurring, that the following revenue targets be adopted under the requirements of Minnesota Statutes 2000, section 16A.102, subdivision 2:

Fiscal Years Fiscal Years

2002 and 2003 2004 and 2005

(1) the maximum share of personal 15.9 percent 15.5 percent

income to be collected in taxes and

other revenues

(2) the division of the share between

state services 61 percent 61 percent

local services 39 percent 39 percent

(3) the appropriate mix of rates Adoption of these revenue targets will result in

reductions in both state and local taxes.

The Speaker resumed the Chair.


Journal of the House - 22nd Day - Thursday, March 15, 2001 - Top of Page 779

Bishop moved that House Concurrent Resolution No. 1 be now adopted. The motion prevailed and House Concurrent Resolution No. 1 was adopted.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 57:

Molnau, Entenza and Kielkucki.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 19, 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., Monday, March 19, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives


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