Journal of the House - 65th Day - Thursday, February 19, 2004

A quorum was present.

Borrell; Clark; Erhardt; Latz; Olsen, S.; Powell; Solberg and Walker were excused.

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

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REPORTS OF CHIEF CLERK

S. F. No. 1621 and H. F. No. 1805, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Pugh moved that the rules be so far suspended that S. F. No. 1621 be substituted for H. F. No. 1805 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2004 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2004

Date Filed

2004

906 134 4:05 p.m. February 17 February 17

Sincerely,

Mary Kiffmeyer

Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 250, 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 2002, 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 following amendments:

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Page 13, line 34, delete "3B.49" and insert "3B.47"

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

The report was adopted.

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

H. F. No. 722, A bill for an act relating to traffic regulations; exempting garbage trucks and recycling vehicles from certain weight restrictions; amending Minnesota Statutes 2002, section 169.87, subdivision 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 169.87, subdivision 6, is amended to read:

Subd. 6. [RECYCLING VEHICLES.] Weight restrictions imposed under subdivisions 1 and 2 do not apply to (1) a two-axle vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for recycling, while engaged in recycling in a political subdivision that mandates curbside recycling pickup, or (2) a vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03, subdivision 21, while engaged in such collection.

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

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

The report was adopted.

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

H. F. No. 1681, A bill for an act relating to health; conforming to federal tax changes to encourage consumer-driven health plans; encouraging efficiency in providing health care; reforming medical malpractice liability; reducing and providing a moratorium on state-imposed private-sector health coverage mandates; providing a pilot project for health plans that do not cover all mandated benefits; eliminating capital expenditure reporting requirements; permitting nonprofit hospitals to garnish state tax refunds; permitting file-and-use for health insurance policy forms; permitting for-profit health maintenance organizations; transferring regulatory authority for health maintenance organizations; addressing the cost-shifting impacts of public sector health care programs; amending Minnesota Statutes 2002, sections 16A.10, by adding a subdivision; 62A.02, subdivision 2; 62D.02, subdivision 4, by adding a subdivision; 62D.03, subdivision 1; 62D.04, subdivision 1; 147.03, subdivision 1; 256B.04, by adding a subdivision; Minnesota Statutes 2003 Supplement, sections 62J.26, by adding a subdivision; 144.7063, subdivision 3; 270A.03, subdivision 2; 290.01, subdivisions 19, 31; proposing coding for new law in Minnesota Statutes, chapters 3; 62L; 147; 604; repealing Minnesota Statutes 2002, sections 62A.309; 62J.17, as amended; 62Q.65.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"ARTICLE 1

CONSUMER EMPOWERMENT

Section 1. Minnesota Statutes 2002, section 43A.23, is amended by adding a subdivision to read:

Subd. 4. [HEALTH SAVINGS ACCOUNTS.] During collective bargaining negotiations with the exclusive representatives of state employees, the commissioner must propose that the state make available to state employees at least one plan of hospital and medical benefits that combines a high deductible health plan with a health savings account, so as to qualify the health savings account under section 223 of the Internal Revenue Code, as amended.

Sec. 2. [62J.81] [DISCLOSURE OF PAYMENTS FOR HEALTH CARE SERVICES.]

Subdivision 1. [REQUIRED DISCLOSURE OF PAYMENT RANGE.] A health care provider, as defined in section 62J.03, subdivision 8, shall, at the request of a consumer, provide that consumer with the beginning and end of the range of payments received by the provider from health plan companies for a specific service or services that the consumer may reasonably expect to receive from the provider, based upon the consumer's medical condition. The beginning of the range of payments received by a provider is the lowest amount the provider is paid by a health plan company for a specific service and the end of the range is the highest amount the provider is paid by a health plan company for the service, based upon the provider agreements in force at the time of the request. A provider is not required to identify the names of health plan companies.

Subd. 2. [APPLICABILITY.] For purposes of this section, "consumer" does not include a medical assistance, MinnesotaCare, or general assistance medical care enrollee, and a health care provider shall not include in the range payments from the medical assistance, MinnesotaCare, and general assistance medical care programs.

Sec. 3. Minnesota Statutes 2002, section 62Q.65, is amended to read:

62Q.65 [ACCESS TO PROVIDER DISCOUNTS.]

Subdivision 1. [REQUIREMENT.] A high deductible health plan must, when used in connection with ~~a medical savings account~~ an Archer MSA or with a health savings account, provide the enrollee access to any discounted provider fees for services covered by the high deductible health plan, regardless of whether the enrollee has satisfied the deductible for the high deductible health plan.

Subd. 2. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given:

(1) "high deductible health plan" has the meaning given under the Internal Revenue Code of 1986, section 220(c)(2) or 223(c)(2);

(2) "~~medical savings account~~ Archer MSA" has the meaning given under the Internal Revenue Code of 1986, section 220(d)(1); ~~and~~

(3) "discounted provider fees" means fees contained in a provider agreement entered into by the issuer of the high deductible health plan, or by an affiliate of the issuer, for use in connection with the high deductible health plan; and

(4) "health savings account" has the meaning given under the Internal Revenue Code of 1986, section 223(d).

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Sec. 4. [151.214] [PAYMENT DISCLOSURE.]

Subdivision 1. [EXPLANATION OF PHARMACY BENEFITS.] Each health plan company, as defined in section 62Q.01, subdivision 4, or its contracted pharmacy benefit manager, shall provide on a quarterly basis an explanation of pharmacy benefits to patients receiving prescription drugs covered under their health plan. The explanation of benefits must include the payment to the pharmacy by the health plan company or its contracted pharmacy benefit manager, the patient's co-payment, and the amount billed to the patient's employer or health plan sponsor.

Subd. 2. [NO PROHIBITION ON DISCLOSURE.] No contracting agreement between a health plan company or its contracted pharmacy benefit manager and a resident or nonresident pharmacy registered under this chapter may prohibit the pharmacy from disclosing to patients the total reimbursement to the pharmacy, including the amount of the patient's co-payment and the amount paid to the pharmacy by the health plan company or its contracted pharmacy benefit manager.

Sec. 5. Minnesota Statutes 2003 Supplement, section 290.01, subdivision 19, is amended to read:

Subd. 19. [NET INCOME.] The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.

In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:

(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;

(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and

(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.

The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.

The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.

The provisions of sections 1113(a), 1117, 1206(a), 1313(a), 1402(a), 1403(a), 1443, 1450, 1501(a), 1605, 1611(a), 1612, 1616, 1617, 1704(l), and 1704(m) of the Small Business Job Protection Act, Public Law 104-188, the provisions of Public Law 104-117, the provisions of sections 313(a) and (b)(1), 602(a), 913(b), 941, 961, 971, 1001(a) and (b), 1002, 1003, 1012, 1013, 1014, 1061, 1062, 1081, 1084(b), 1086, 1087, 1111(a), 1131(b) and (c), 1211(b), 1213, 1530(c)(2), 1601(f)(5) and (h), and 1604(d)(1) of the Taxpayer Relief Act of 1997, Public Law

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105‑34, the provisions of section 6010 of the Internal Revenue Service Restructuring and Reform Act of 1998, Public Law 105-206, the provisions of section 4003 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law 105-277, and the provisions of section 318 of the Consolidated Appropriation Act of 2001, Public Law 106-554, shall become effective at the time they become effective for federal purposes.

The Internal Revenue Code of 1986, as amended through December 31, 1996, shall be in effect for taxable years beginning after December 31, 1996.

The provisions of sections 202(a) and (b), 221(a), 225, 312, 313, 913(a), 934, 962, 1004, 1005, 1052, 1063, 1084(a) and (c), 1089, 1112, 1171, 1204, 1271(a) and (b), 1305(a), 1306, 1307, 1308, 1309, 1501(b), 1502(b), 1504(a), 1505, 1527, 1528, 1530, 1601(d), (e), (f), and (i) and 1602(a), (b), (c), and (e) of the Taxpayer Relief Act of 1997, Public Law 105-34, the provisions of sections 6004, 6005, 6012, 6013, 6015, 6016, 7002, and 7003 of the Internal Revenue Service Restructuring and Reform Act of 1998, Public Law 105-206, the provisions of section 3001 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law 105-277, the provisions of section 3001 of the Miscellaneous Trade and Technical Corrections Act of 1999, Public Law 106‑36, and the provisions of section 316 of the Consolidated Appropriation Act of 2001, Public Law 106-554, shall become effective at the time they become effective for federal purposes.

The Internal Revenue Code of 1986, as amended through December 31, 1997, shall be in effect for taxable years beginning after December 31, 1997.

The provisions of sections 5002, 6009, 6011, and 7001 of the Internal Revenue Service Restructuring and Reform Act of 1998, Public Law 105-206, the provisions of section 9010 of the Transportation Equity Act for the 21st Century, Public Law 105-178, the provisions of sections 1004, 4002, and 5301 of the Omnibus Consolidation and Emergency Supplemental Appropriations Act, 1999, Public Law 105-277, the provision of section 303 of the Ricky Ray Hemophilia Relief Fund Act of 1998, Public Law 105-369, the provisions of sections 532, 534, 536, 537, and 538 of the Ticket to Work and Work Incentives Improvement Act of 1999, Public Law 106-170, the provisions of the Installment Tax Correction Act of 2000, Public Law 106-573, and the provisions of section 309 of the Consolidated Appropriation Act of 2001, Public Law 106-554, shall become effective at the time they become effective for federal purposes.

The Internal Revenue Code of 1986, as amended through December 31, 1998, shall be in effect for taxable years beginning after December 31, 1998.

The provisions of the FSC Repeal and Extraterritorial Income Exclusion Act of 2000, Public Law 106-519, and the provision of section 412 of the Job Creation and Worker Assistance Act of 2002, Public Law 107-147, shall become effective at the time it became effective for federal purposes.

The Internal Revenue Code of 1986, as amended through December 31, 1999, shall be in effect for taxable years beginning after December 31, 1999. The provisions of sections 306 and 401 of the Consolidated Appropriation Act of 2001, Public Law 106-554, and the provision of section 632(b)(2)(A) of the Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 107-16, and provisions of sections 101 and 402 of the Job Creation and Worker Assistance Act of 2002, Public Law 107-147, shall become effective at the same time it became effective for federal purposes.

The Internal Revenue Code of 1986, as amended through December 31, 2000, shall be in effect for taxable years beginning after December 31, 2000. The provisions of sections 659a and 671 of the Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 107-16, the provisions of sections 104, 105, and 111 of the Victims of Terrorism Tax Relief Act of 2001, Public Law 107-134, and the provisions of sections 201, 403, 413, and 606 of the Job Creation and Worker Assistance Act of 2002, Public Law 107-147, shall become effective at the same time it became effective for federal purposes.

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The Internal Revenue Code of 1986, as amended through March 15, 2002, shall be in effect for taxable years beginning after December 31, 2001.

The provisions of sections 101 and 102 of the Victims of Terrorism Tax Relief Act of 2001, Public Law 107‑134, shall become effective at the same time it becomes effective for federal purposes.

The Internal Revenue Code of 1986, as amended through June 15, 2003, shall be in effect for taxable years beginning after December 31, 2002. The provisions of section 201 of the Jobs and Growth Tax Relief and Reconciliation Act of 2003, H.R. 2, if it is enacted into law, are effective at the same time it became effective for federal purposes.

Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, codified as section 223 of the Internal Revenue Code, as amended, relating to health savings accounts, is effective at the same time it became effective for federal purposes.

Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19a to 19g mean the code in effect for purposes of determining net income for the applicable year.

Sec. 6. Minnesota Statutes 2003 Supplement, section 290.01, subdivision 31, is amended to read:

Subd. 31. [INTERNAL REVENUE CODE.] Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through June 15, 2003, and as amended by section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, codified as section 223 of the Internal Revenue Code, as amended, relating to health savings accounts.

ARTICLE 2

BEST PRACTICES

Section 1. [144.7035] [IDENTIFICATION AND TRACKING OF USE OF PRACTICE GUIDELINES.]

The commissioner of health, in consultation with medical researchers, consumers, and representatives of health care providers and health plan companies, shall review health care best practice guidelines and identify five best practice guidelines for which, in the determination of the commissioner, greater adherence to by Minnesota health care providers would lead to a significant improvement in patient health outcomes. The commissioner shall encourage Minnesota health care providers to follow the guidelines identified and shall monitor and track the extent to which Minnesota health care providers follow the guidelines.

Sec. 2. Minnesota Statutes 2003 Supplement, section 144.7063, subdivision 3, is amended to read:

Subd. 3. [FACILITY.] "Facility" means a hospital licensed under sections 144.50 to 144.58 or an outpatient surgical center licensed under Minnesota Rules, chapter 4675.

Sec. 3. [147.38] [BEST PRACTICES GUIDELINE.]

Subdivision 1. [HEALTH-RELATED BOARD.] For purposes of this section, "health-related board" means the Board of Medical Practice established under section 147.01, the Board of Nursing established under section 148.181, the Board of Chiropractic Examiners established under section 148.02, the Board of Optometry established under section 148.52, the Board of Physical Therapy established under section 148.67, the Board of Dentistry established under section 150A.02, the Board of Pharmacy established under section 151.02, and the Board of Podiatry established under section 153.02.

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Subd. 2. [BOARD APPROVAL.] A health-related board, in consultation with a relevant professional association or specialty organization and the commissioner of health, may evaluate and approve best practice guidelines and shall make any approved guidelines available to interested practitioners through the board's Web site.

Sec. 4. Minnesota Statutes 2002, section 256B.04, is amended by adding a subdivision to read:

Subd. 20. [INFORMATION AND REFERRAL CENTER FOR INTERPRETER SERVICES.] The commissioner shall establish an information and referral center to assist health care providers in obtaining oral language interpreter services, when these services are needed to enable a patient to obtain a health care service from a provider. The information and referral center must collect and maintain contact and rate information for providers of oral language interpreter services and must make this information available to all health care providers, whether or not the provider is enrolled in a state health care program. The commissioner may contract with a private sector, nonprofit organization to implement this subdivision.

Sec. 5. [BEST PRACTICES PILOT PROJECT.]

The commissioners of human services and employee relations shall develop and implement a one-year best practices pilot project to encourage greater use of at least three of the best practice guidelines identified by the commissioner of health under Minnesota Statutes, section 144.7035. The pilot project must provide health care providers and health plan companies serving state employees and enrollees of state health care programs administered by the commissioner of human services with financial and other incentives to increase the use of the best practice guidelines selected. The commissioners shall implement the pilot project beginning January 1, 2005, and shall report the results of the pilot project to the legislature by June 1, 2006.

ARTICLE 3

MEDICAL MALPRACTICE REFORM

Section 1. [147.37] [BEST PRACTICE GUIDELINES; USE IN MEDICAL MALPRACTICE CASES.]

(a) In an action against a provider for malpractice, error, mistake, or failure to cure, whether based in contract or tort, adherence to a best practice guideline approved by either a recognized specialty organization or an organization established for the purpose of developing community-based clinical practice guidelines is an absolute defense against an allegation that the provider did not comply with accepted standards of practice in the community. This paragraph does not apply if the best practice guideline authorizes or recommends denial of treatment, food, or fluids necessary to sustain life on the basis of the patient's age or expected length of life or the patient's present or predicted disability, degree of medical dependency, or quality of life.

(b) Evidence of a departure from a best practice guideline is admissible only on the issue of whether the provider is entitled to an absolute defense under paragraph (a).

(d) Nothing in this section changes the standard or burden of proof in an action alleging a delay in diagnosis, a misdiagnosis, inappropriate application of a best practice guideline, failure to obtain informed consent, battery or other intentional tort, or product liability.

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Sec. 2. [604.111] [HEALTH CARE PROVIDER ACTIONS; LIMITS ON DAMAGES AND ATTORNEY FEES.]

Subdivision 1. [DEFINITIONS.] (a) For the purposes of this section, the terms in paragraphs (b) to (d) have the meanings given them.

(b) "Economic loss" means all harm for which damages are recoverable, other than noneconomic losses.

(c) "Health care provider" has the meaning given in section 541.076, paragraph (a), except that health care provider also includes a physician assistant registered under chapter 147A and ambulance services, medical directors, and personnel regulated under chapter 144E.

(d) "Noneconomic loss" means all nonpecuniary harm for which damages are recoverable, including, but not limited to, pain, disability, disfigurement, embarrassment, emotional distress, and loss of consortium.

Subd. 2. [LIMITATIONS.] (a) In an action for injury or death against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based in contract or tort, the amount of damages awarded for noneconomic losses must not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence.

(b) The limitation imposed by this subdivision must not be disclosed to the trier of fact by any person at trial.

Subd. 3. [FINDINGS.] (a) A court in an action tried without a jury shall make a finding as to noneconomic loss without regard to the limit under subdivision 2. If noneconomic loss in excess of the limit is found, the court shall make any reduction required under this section and shall award as damages for noneconomic loss the lesser of the reduced amount or the limit.

(b) If an action is before a jury, the jury shall make a finding as to noneconomic loss without regard to the limit under subdivision 2. If the jury finds that noneconomic loss exceeds the limit, the court shall make any reduction required under this section and shall award as damages for noneconomic loss the lesser of the reduced amount or the limit.

Subd. 4. [PUNITIVE DAMAGES LIMITED.] (a) Punitive, exemplary, and similar damages recoverable against a health care provider in a cause of action described in subdivision 2 must not exceed $250,000. The jury must not be informed of this limitation.

(b) All damages described in paragraph (a) must be paid directly to the Minnesota Comprehensive Health Association created under section 62E.10, subdivision 1, to be used for the purpose of reducing its assessments on its members.

(c) Notwithstanding paragraph (a), a private nonprofit hospital licensed under sections 144.50 to 144.56 is not liable for punitive, exemplary, or similar damages, in an action described in subdivision 2.

Subd. 5. [EXCESSIVE ATTORNEY FEES PROHIBITED.] (a) Attorney fees payable by a plaintiff in any cause of action referred to in subdivision 2 must not exceed the following percentage of damages:

(1) 40 percent of the first $50,000;

(2) 33-1/3 percent of the next $50,000;

(3) 25 percent of the next $500,000; plus

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(4) 15 percent of that portion of damages that exceeds $600,000.

(b) This subdivision applies to the net damages actually recovered by that plaintiff under the cause of action, whether through settlement, alternative dispute resolution, court judgment, or otherwise. "Net damages actually recovered" means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorney's office overhead costs or charges for legal services are not deductible disbursements of costs for such purpose.

Sec. 3. [EFFECTIVE DATE; APPLICATION.]

Section 2 is effective August 1, 2004, and applies to causes of actions arising from incidents occurring on or after that date.

ARTICLE 4

REDUCING GOVERNMENT MANDATES

Section 1. Minnesota Statutes 2003 Supplement, section 62J.26, is amended by adding a subdivision to read:

Subd. 6. [MANDATED BENEFITS MORATORIUM.] (a) No new mandated health benefit proposal, as defined in subdivision 1, shall be enacted.

(b) This subdivision expires January 1, 2007.

Sec. 2. [62L.056] [SMALL EMPLOYER ALTERNATIVE BENEFIT PLANS.]

(a) Notwithstanding any provision of this chapter, chapter 363A, or any other law to the contrary, the commissioner of commerce shall by January 1, 2005, permit health carriers to offer alternative health benefit plans to small employers if the following requirements are satisfied:

(1) the health carrier is assessed less than ten percent of the total amount assessed by the Minnesota Comprehensive Health Association;

(2) the health plans must be offered in compliance with this chapter, except as otherwise permitted in this section;

(3) the health plans to be offered must be designed to enable employers and covered persons to better manage costs and coverage options through the use of co-pays, deductibles, and other cost-sharing arrangements;

(4) the health plans must be issued and administered in compliance with sections 62E.141; 62L.03, subdivision 6; and 62L.12, subdivisions 3 and 4, relating to prohibitions against enrolling in the Minnesota Comprehensive Health Association persons eligible for employer group coverage;

(5) loss ratio requirements do not apply to health plans issued under this section;

(6) the health plans may alter or eliminate coverages that would otherwise be required by law;

(7) each health plan must be approved by the commissioner of commerce; and

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(8) the commissioner may limit the types and numbers of health plan forms permitted under this section, but must permit, as one option, a health plan form in which a health carrier may exclude or alter coverage of any or all benefits otherwise mandated by state law.

(b) The definitions in section 62L.02 apply to this section as modified by this section.

(c) An employer may provide health plans permitted under this section to its employees, the employees' dependents, and other persons eligible for coverage under the employer's plan, notwithstanding chapter 363A or any other law to the contrary.

Sec. 3. [REPEALER; BONE MARROW TRANSPLANT MANDATE.]

Minnesota Statutes 2002, section 62A.309, is repealed.

ARTICLE 5

ADMINISTRATIVE REFORM

Section 1. Minnesota Statutes 2002, section 147.03, subdivision 1, is amended to read:

Subdivision 1. [ENDORSEMENT; RECIPROCITY.] (a) The board may issue a license to practice medicine to any person who satisfies the requirements in paragraphs (b) to (f).

(b) The applicant shall satisfy all the requirements established in section 147.02, subdivision 1, paragraphs (a), (b), (d), (e), and (f).

(1) have passed an examination prepared and graded by the Federation of State Medical Boards, the National Board of Medical Examiners, or the United States Medical Licensing Examination program in accordance with section 147.02, subdivision 1, paragraph (c), clause (2); the National Board of Osteopathic Examiners; or the Medical Council of Canada; and

(2) have a current license from the equivalent licensing agency in another state or Canada and, if the examination in clause (1) was passed more than ten years ago, either:

(i) pass the Special Purpose Examination of the Federation of State Medical Boards with a score of 75 or better within three attempts; or

(ii) have a current certification by a specialty board of the American Board of Medical Specialties, of the American Osteopathic Association Bureau of Professional Education, or of the Royal College of Physicians and Surgeons of Canada.

(d) The applicant shall pay a fee established by the board by rule. The fee may not be refunded.

(e) The applicant must not be under license suspension or revocation by the licensing board of the state or jurisdiction in which the conduct that caused the suspension or revocation occurred.

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(f) The applicant must not have engaged in conduct warranting disciplinary action against a licensee, or have been subject to disciplinary action other than as specified in paragraph (e). If an applicant does not satisfy the requirements stated in this paragraph, the board may issue a license only on the applicant's showing that the public will be protected through issuance of a license with conditions or limitations the board considers appropriate.

(g) Upon the request of an applicant, the board may conduct the final interview of the applicant by teleconference.

Sec. 2. Minnesota Statutes 2003 Supplement, section 270A.03, subdivision 2, is amended to read:

Subd. 2. [CLAIMANT AGENCY.] "Claimant agency" means any state agency, as defined by section 14.02, subdivision 2, the regents of the University of Minnesota, any district court of the state, any county, any statutory or home rule charter city presenting a claim for a municipal hospital or a public library or a municipal ambulance service, a hospital district, a private nonprofit hospital ~~that leases its building from the county in which it is located~~, any public agency responsible for child support enforcement, any public agency responsible for the collection of court-ordered restitution, and any public agency established by general or special law that is responsible for the administration of a low-income housing program, and the Minnesota collection enterprise as defined in section 16D.02, subdivision 8, for the purpose of collecting the costs imposed under section 16D.11. A county may act as a claimant agency on behalf of an ambulance service licensed under chapter 144E if the ambulance service's primary service area is located at least in part within the county, but more than one county may not act as a claimant agency for a licensed ambulance service with respect to the same debt.

Sec. 3. [COST OF HEALTH CARE REPORTING.]

The commissioners of human services, health, and commerce shall meet with representatives of health plan companies as defined in section 62Q.01, subdivision 4, and hospitals to evaluate reporting requirements for these regulated entities and develop recommendations for reducing required reports. The commissioner must meet with the specified representatives prior to August 30, 2004, and must submit a consolidated report to the legislature by January 15, 2005. The report must:

(1) identify the name and scope of each required report;

(2) evaluate the need for and use of each report, including the value of the report to consumers;

(3) evaluate the extent to which the report is used to reduce costs and increase quality of care;

(4) identify reports that are no longer required; and

(5) specify any statutory changes necessary to eliminate required reports.

Sec. 4. [REPEALER.]

Minnesota Statutes 2002, section 62J.17, as amended by Laws 2003, First Special Session chapter 14, article 7, section 11, is repealed effective the day following final enactment.

ARTICLE 6

HEALTH PLAN COMPETITION AND REFORM

Section 1. Minnesota Statutes 2002, section 62A.02, subdivision 2, is amended to read:

Subd. 2. [APPROVAL.] (a) The health plan form shall not be issued, nor shall any application, rider, endorsement, or rate be used in connection with it, until the expiration of 60 days after it has been filed unless the commissioner approves it before that time.

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(b) Notwithstanding paragraph (a), a health plan form or a rate, filed with respect to a policy of accident and sickness insurance as defined in section 62A.01 by an insurer licensed under chapter 60A, may be used on or after the date of filing with the commissioner. Health plan forms and rates that are not approved or disapproved within the 60-day time period are deemed approved. This paragraph does not apply to Medicare-related coverage as defined in section 62A.31, subdivision 3, paragraph (q).

Sec. 2. Minnesota Statutes 2002, section 62D.02, subdivision 4, is amended to read:

Subd. 4. [HEALTH MAINTENANCE ORGANIZATION.] (a) "Health maintenance organization" means a ~~nonprofit corporation organized under chapter 317A, or~~ person, including a local governmental unit as defined in subdivision 11, controlled and operated as provided in sections 62D.01 to 62D.30, which provides, either directly or through arrangements with providers or other persons, comprehensive health maintenance services, or arranges for the provision of these services, to enrollees on the basis of a fixed prepaid sum without regard to the frequency or extent of services furnished to any particular enrollee.

Sec. 3. Minnesota Statutes 2002, section 62D.02, is amended by adding a subdivision to read:

Subd. 17. [PERSON.] "Person" means a natural or artificial person, including but not limited to individuals, partnerships, limited liability companies, associations, trusts, corporations, other business entities, or governmental entities.

Sec. 4. Minnesota Statutes 2002, section 62D.03, subdivision 1, is amended to read:

Subdivision 1. [CERTIFICATE OF AUTHORITY REQUIRED.] Notwithstanding any law of this state to the contrary, any ~~nonprofit corporation organized to do so or a local governmental unit~~ person may apply to the commissioner of health for a certificate of authority to establish and operate a health maintenance organization in compliance with sections 62D.01 to 62D.30. No person shall establish or operate a health maintenance organization in this state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with a health maintenance organization or health maintenance contract unless the organization has a certificate of authority under sections 62D.01 to 62D.30. An out-of-state corporation may qualify under this chapter, subject to obtaining a certificate of authority to do business in this state as an out-of-state corporation under chapter 303 and compliance with this chapter and other applicable state laws.

Sec. 5. Minnesota Statutes 2002, section 62D.04, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION REVIEW.] Upon receipt of an application for a certificate of authority, the commissioner of health shall determine whether the applicant for a certificate of authority has:

(a) demonstrated the willingness and potential ability to assure that health care services will be provided in such a manner as to enhance and assure both the availability and accessibility of adequate personnel and facilities;

(b) arrangements for an ongoing evaluation of the quality of health care;

(c) a procedure to develop, compile, evaluate, and report statistics relating to the cost of its operations, the pattern of utilization of its services, the quality, availability and accessibility of its services, and such other matters as may be reasonably required by regulation of the commissioner of health;

(d) reasonable provisions for emergency and out of area health care services;

(e) demonstrated that it is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the commissioner of health shall require the amounts of net worth and working capital required in section 62D.042, the deposit required in section 62D.041, and in addition shall consider:

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(1) the financial soundness of its arrangements for health care services and the proposed schedule of charges used in connection therewith;

(2) arrangements which will guarantee for a reasonable period of time the continued availability or payment of the cost of health care services in the event of discontinuance of the health maintenance organization; and

(3) agreements with providers for the provision of health care services;

(f) demonstrated that it will assume full financial risk on a prospective basis for the provision of comprehensive health maintenance services, including hospital care; provided, however, that the requirement in this paragraph shall not prohibit the following:

(1) a health maintenance organization from obtaining insurance or making other arrangements (i) for the cost of providing to any enrollee comprehensive health maintenance services, the aggregate value of which exceeds $5,000 in any year, (ii) for the cost of providing comprehensive health care services to its members on a nonelective emergency basis, or while they are outside the area served by the organization, or (iii) for not more than 95 percent of the amount by which the health maintenance organization's costs for any of its fiscal years exceed 105 percent of its income for such fiscal years; and

(2) a health maintenance organization from having a provision in a group health maintenance contract allowing an adjustment of premiums paid based upon the actual health services utilization of the enrollees covered under the contract, except that at no time during the life of the contract shall the contract holder fully self-insure the financial risk of health care services delivered under the contract. Risk sharing arrangements shall be subject to the requirements of sections 62D.01 to 62D.30;

(g) demonstrated that it has made provisions for and adopted a conflict of interest policy applicable to all members of the board of directors and the principal officers of the health maintenance organization. The conflict of interest policy shall include the procedures described in section 317A.255, subdivisions 1 and 2, or a substantially similar provision contained in the laws under which the health maintenance organization is incorporated or otherwise organized. However, the commissioner is not precluded from finding that a particular transaction is an unreasonable expense as described in section 62D.19 even if the directors follow the required procedures; and

(h) otherwise met the requirements of sections 62D.01 to 62D.30.

Sec. 6. [62Q.732] [RECOGNITION OF ACCREDITATION BY NATIONALLY RECOGNIZED ACCREDITING BODY.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Commissioner" means the commissioner of health for purposes of regulating health maintenance organizations and community integrated service networks; the commissioner of commerce for purposes of regulating all other health plan companies; or the commissioner of human services for the purpose of contracting with health plan companies serving persons enrolled in programs under chapter 256B, 256D, or 256L.

(c) "Nationally recognized accrediting body" means an organization that sets specific national standards governing health care quality assurance processes, utilization review, provider credentialing, market conduct, and other topics covered by this chapter and other chapters and, based upon those standards, provides accreditation to health plan companies. The American Accreditation Health Care Commission (URAC), the National Committee for Quality Assurance (NCQA), and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), at a minimum, are nationally recognized accrediting bodies for purposes of this section.

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(d) "Acceptable accreditation status" means that a health plan company has achieved an accredited, commendable, or excellent determination, or comparable status, from a nationally recognized accrediting body.

Subd. 2. [APPLICATION OF ACCREDITATION STANDARDS TO STATE REQUIREMENTS.] (a) Health plan companies that have achieved an acceptable accreditation status or that have been determined to be in substantial compliance with Medicare+Choice, cost contract, or Medicare Advantage requirements by the federal Centers for Medicare and Medicaid Services, and have forwarded the determination to the commissioner, are deemed to have met the comparable requirements of state law or contract. Nationally recognized accrediting body and Medicare+Choice, cost contract, or Medicare Advantage standards must be considered to be comparable to similar state requirements if they are at least as protective of the rights of the enrollee or at least as stringent as the state requirements. Provisions of state law or contract that are covered under this subdivision include requirements relating to health care quality assurance, utilization review, provider credentialing, and market conduct. Nothing in this section prohibits the commissioner from performing an on-site review of complaint, utilization management, and appeal files.

(b) If a health plan company has formally delegated certain activities that are required under either state law or contract to another organization that has achieved an acceptable accreditation status, that health plan company may use the nationally recognized accrediting body's determination on its own behalf and must be deemed to have met the comparable requirements of the applicable state law or contract.

Subd. 3. [DISCLOSURE OF NATIONAL STANDARDS.] The commissioner may request a copy of the national standards upon which the acceptable accreditation status has been granted. This request may be made to the nationally recognized accrediting body.

Subd. 4. [ACCREDITATION NOT REQUIRED.] Nothing in this section requires a health plan company to seek an acceptable accreditation status from a nationally recognized accrediting body.

Sec. 7. Minnesota Statutes 2002, section 72A.20, is amended by adding a subdivision to read:

Subd. 37. [ELECTRONIC TRANSMISSION OF REQUIRED INFORMATION.] A health carrier as defined in section 62A.011, subdivision 2, is not in violation of this chapter for electronically transmitting or electronically making available information otherwise required to be delivered in writing under chapters 62A to 62Q and 72A to an enrollee as defined in section 62Q.01, subdivision 2a, and with the requirements of those chapters if the following conditions are met:

(1) the health carrier informs the enrollee that electronic transmission or access is available and, at the discretion of the health carrier, the enrollee is given one of the following options:

(i) electronic transmission or access will occur only if the enrollee affirmatively requests to the health carrier that the required information be electronically transmitted or available and a record of that request is retained by the health carrier; or

(ii) electronic transmission or access will automatically occur if the enrollee has not opted out of that manner of transmission by request to the health carrier and requested that the information be provided in writing. If the enrollee opts out of electronic transmission, a record of that request must be retained by the health carrier;

(2) the enrollee is allowed to withdraw the request at any time;

(3) if the information transmitted electronically contains individually identifiable data, it must be transmitted to a secured mailbox. If the information made available electronically contains individually identifiable data, it must be made available at a password-protected secured Web site;

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(4) the enrollee is provided a customer service number on the enrollee's member card that may be called to request a written copy of the document; and

(5) the electronic transmission or electronic availability meets all other requirements of the chapter including, but not limited to, size of the typeface and any required time frames for distribution.

Sec. 8. [CHANGE OF HEALTH MAINTENANCE ORGANIZATION REGULATORY AUTHORITY.]

(a) Effective July 1, 2005, regulatory authority for health maintenance organizations 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.

(b) Minnesota Statutes, section 15.039, applies to this transfer of authority.

(c) The revisor of statutes shall, in preparing Minnesota Statutes 2004, make all conforming changes in Minnesota Statutes, chapter 62D, and other chapters.

ARTICLE 7

TAXPAYER SUBSIDIZED HEALTH PROGRAM

COST-SHIFTING

Section 1. [3.990] [IMPACT OF COST-SHIFTING.]

The commissioner of human services and the commissioner of finance, in preparing a fiscal note for any legislative proposal that requires new or increased funding for an expansion of eligibility or covered services for a state health care program, shall include in the fiscal note an estimate of the financial impact of cost-shifting on private sector payers and individuals paying for health care services out-of-pocket. The commissioners shall measure the financial impact of cost-shifting by calculating the extent to which estimated state health care program reimbursement for the additional health care services expected to be provided as a result of the expansion is lower than the estimated cost to providers of providing the services. For purposes of this section, "state health care program" means the medical assistance, MinnesotaCare, and general assistance medical care programs.

Sec. 2. Minnesota Statutes 2002, section 16A.10, is amended by adding a subdivision to read:

Subd. 4. [LIMIT ON STATE HEALTH CARE PROGRAM EXPANSION.] No budget proposal shall include any provision that requests new or increased funding for an expansion of eligibility or covered services for a state health care program, unless state health care program reimbursement rates for major service categories, at the time the expansion is to take effect, will be sufficient to cover estimated provider costs for each major service category. For purposes of this section, "state health care program" means the medical assistance, MinnesotaCare, and general assistance medical care programs.

Sec. 3. [STUDY OF COST-SHIFTING.]

(a) The commissioner of human services shall evaluate the extent to which state health care program reimbursement rates result in health care provider cost-shifting to private sector payers and individuals paying for services out-of-pocket. In conducting the evaluation, the commissioner shall:

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(1) examine the extent to which average state health care program reimbursement rates for major categories of services vary from average private sector reimbursement rates;

(2) examine the extent to which average state health care program reimbursement rates for major categories of services cover average provider costs;

(3) estimate the amount by which average state health care program reimbursement rates for major categories of services would need to be increased to match average private sector reimbursement rates and to cover average provider costs; and

(4) present recommendations to the legislature on methods of increasing average state health care program reimbursement rates for major categories of services, over a six-year period, to the average private sector reimbursement rate and to a level that covers average provider costs.

(b) The commissioner shall present results and recommendations to the legislature by December 15, 2004. The commissioner may contract with an actuarial consulting firm to implement this section. For purposes of this section, "state health care program" means the medical assistance, MinnesotaCare, and general assistance medical care programs."

Delete the title and insert:

"A bill for an act relating to health; conforming to federal tax changes to encourage consumer-driven health plans; encouraging efficiency in providing health care; reforming medical malpractice liability; reducing and providing a moratorium on state-imposed private-sector health coverage mandates; providing a pilot project for health plans that do not cover all mandated benefits; eliminating capital expenditure reporting requirements; permitting nonprofit hospitals to garnish state tax refunds; permitting file-and-use for health insurance policy forms; permitting for-profit health maintenance organizations; transferring regulatory authority for health maintenance organizations; addressing the cost-shifting impacts of public sector health care programs; amending Minnesota Statutes 2002, sections 16A.10, by adding a subdivision; 43A.23, by adding a subdivision; 62A.02, subdivision 2; 62D.02, subdivision 4, by adding a subdivision; 62D.03, subdivision 1; 62D.04, subdivision 1; 62Q.65; 72A.20, by adding a subdivision; 147.03, subdivision 1; 256B.04, by adding a subdivision; Minnesota Statutes 2003 Supplement, sections 62J.26, by adding a subdivision; 144.7063, subdivision 3; 270A.03, subdivision 2; 290.01, subdivisions 19, 31; proposing coding for new law in Minnesota Statutes, chapters 3; 62J; 62L; 62Q; 144; 147; 151; 604; repealing Minnesota Statutes 2002, sections 62A.309; 62J.17, as amended."

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.

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

H. F. No. 1691, A bill for an act relating to highways; modifying provisions relating to local government road construction and improvement contracts; amending Minnesota Statutes 2002, section 160.17, subdivision 3; repealing Minnesota Statutes 2002, section 160.17, subdivision 4.

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

The report was adopted.

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

H. F. No. 1793, A bill for an act relating to education finance; correcting a library payment; amending Laws 2003, First Special Session chapter 9, article 6, section 4.

Reported the same back with the following amendments:

Page 1, after line 24, insert:

"The 2004 appropriation includes $0 for 2003 and $960,000 for 2004.

The 2005 appropriation includes $240,000 for 2004 and $960,000 for 2005."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Kuisle from the Committee on Transportation Finance to which was referred:

H. F. No. 1794, A bill for an act relating to transportation; decreasing minimum required local contribution to federally funded airport projects; amending Minnesota Statutes 2002, section 360.305, subdivision 4.

Reported the same back with the following amendments:

Page 3, after line 22, insert:

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

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

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

H. F. No. 1806, A bill for an act relating to real property; the electronic real estate recording task force created by Laws 2000, chapter 391; amending uncoded laws relating to that task force; extending the period of existence of the task force and the surcharge on filings appropriated to the task force; appropriating money; amending Laws 2000, chapter 391, section 1, subdivision 2; Laws 2001, First Special Session chapter 10, article 2, section 77; Laws 2002, chapter 365, section 9; Laws 2003, First Special Session chapter 1, article 2, section 123.

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.

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

H. F. No. 1819, A bill for an act relating to the military; clarifying the civil and criminal protections provided to members of the Minnesota National Guard or other United States armed forces who apply reasonable force while acting in accordance with official military orders; amending Minnesota Statutes 2002, section 192.27.

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

The report was adopted.

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

H. F. No. 1820, A bill for an act relating to military affairs; increasing the tuition reimbursement level for members of the Minnesota National Guard who are attending postsecondary educational institutions; appropriating money; amending Minnesota Statutes 2003 Supplement, section 192.501, subdivision 2.

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

The report was adopted.

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

H. F. No. 1831, A bill for an act relating to education; providing for the assignment of teachers; amending Minnesota Statutes 2002, sections 123B.09, subdivision 8; 123B.143, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 17, after the first "teachers" insert "or administrators" and after "teach" insert "or the administrators will administer"

Page 3, line 5, after the comma, insert "and at other times as needed,"

Page 3, delete lines 6 and 7 and insert "assignment of teachers or administrators to schools to best meet student and school needs as determined by the superintendent;"

Amend the title as follows:

Page 1, line 3, after "teachers" insert "and administrators"

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

The report was adopted.

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

H. F. No. 1843, A bill for an act relating to local government; increasing the threshold amount for towns required to have annual audits; amending Minnesota Statutes 2002, section 471.697, subdivision 1.

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

The report was adopted.

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

H. F. No. 1855, A bill for an act relating to municipalities; including counties in the definition of municipality for purposes of removal of hazardous buildings or hazardous property; amending Minnesota Statutes 2002, sections 463.15, by adding a subdivision; 463.151; 463.152, subdivision 2; 463.16; 463.161; 463.25.

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

The report was adopted.

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

H. F. No. 1861, A bill for an act relating to civil actions; regulating liability on land used for recreational purposes; modifying the definition of recreational purpose; amending Minnesota Statutes 2002, section 604A.21, subdivision 5.

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

The report was adopted.

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

H. F. No. 1883, A bill for an act relating to local government; increasing the threshold amount for annual audits in certain towns and statutory cities; amending Minnesota Statutes 2002, sections 412.02, subdivision 3; 412.591, subdivision 2; Minnesota Statutes 2003 Supplement, section 367.36, subdivision 1.

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

The report was adopted.

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

H. F. No. 1911, A bill for an act relating to civil class actions; regulating class actions against insurance entities; requiring a stay if Commerce Department jurisdiction is involved; proposing coding for new law in Minnesota Statutes, chapter 540.

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

The report was adopted.

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Smith from the Committee on Judiciary Policy and Finance to which was referred:

H. F. No. 1961, A bill for an act relating to crime prevention; expanding the crime of causing death while committing child abuse; amending Minnesota Statutes 2002, section 609.185.

Reported the same back with the following amendments:

Page 3, line 1, delete "August 1, 2004," and insert "the day following final enactment"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2021, A bill for an act relating to zoning; providing certain limitations on municipal interim ordinances; amending Minnesota Statutes 2002, section 462.355, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 23, after the period, insert "A municipality may extend an interim ordinance beyond one year for the reasons allowed under section 15.99, subdivision 3, paragraphs (d) and (e). The extension must be for six months or less."

Page 2, lines 3 to 7, delete the new language

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2057, A bill for an act relating to zoning; providing for continuance of certain nonconforming uses or occupancies; amending Minnesota Statutes 2002, section 462.357, subdivision 1e.

Reported the same back with the following amendments:

Page 1, line 12, delete "improvement,"

Page 1, line 13, strike "or" and before "unless" insert "or improvement, but not including expansion,"

Page 1, line 20, after "may" insert a comma and after "ordinance" insert ", permit an expansion or"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2085, A bill for an act relating to health; providing for review of hospital moratorium exceptions; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Page 1, line 11, delete "Notwithstanding" and insert "When submitting a plan to the commissioner, an applicant shall pay the commissioner for the commissioner's cost of reviewing the plan, as determined by the commissioner and notwithstanding section 16A.1283. Money received by the commissioner under this section is appropriated to the commissioner for the purpose of administering this section.

(b) Plans submitted under this section shall include detailed information necessary for the commissioner to review the plan and reach a finding. The commissioner may request additional information from the hospital submitting a plan under this section and from others affected by the plan that the commissioner deems necessary to review the plan and make a finding."

Page 1, delete lines 12 to 14

Page 1, line 15, delete "(b)" and insert "(c)"

Page 2, line 9, delete "(c)" and insert "(d)" and delete "(b)" and insert "(c)"

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1691, 1793, 1794, 1843, 1855, 1861, 1883, 1961, 2021, 2057 and 2085 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 1621 was read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Abeler and Huntley introduced:

H. F. No. 2175, A bill for an act relating to health; modifying licensing requirements for speech-language pathologists, audiologists, and occupational therapy practitioners; amending Minnesota Statutes 2002, sections 148.6402, by adding a subdivision; 148.6403, subdivision 5; 148.6405; 148.6428; 148.6443, subdivisions 1, 5; Minnesota Statutes 2003 Supplement, sections 148.5161, subdivision 4; 148.5175; 148.518; 148.5193, subdivision 1.

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

Goodwin; Biernat; Bernardy; Eken; Slawik; Clark; Kelliher; Ellison; Thao; Mahoney; Lesch; Koenen; Johnson, S.; Atkins; Greiling; Carlson; Davnie and Hilty introduced:

H. F. No. 2176, A bill for an act relating to education; extending the dates by when the education commissioner must submit proposed social studies standards and when students must complete social studies course credit requirements for graduation; amending Minnesota Statutes 2003 Supplement, sections 120B.021, subdivision 1; 120B.024.

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

Jaros, Urdahl, Biernat, Heidgerken, Davnie and Huntley introduced:

H. F. No. 2177, A bill for an act relating to higher education; providing for certain qualifications for members of the Board of Regents and Board of Trustees.

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

Fuller introduced:

H. F. No. 2178, A bill for an act relating to higher education; making changes to postsecondary enrollment options; requiring equivalent admission standards; amending Minnesota Statutes 2002, section 135A.101, by adding a subdivision.

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

Sertich introduced:

H. F. No. 2179, A bill for an act relating to retirement; public employees retirement association; permitting a onetime second chance actuarial equivalent optional retirement annuity election; amending Minnesota Statutes 2002, section 353.30, by adding a subdivision.

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

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Sertich introduced:

H. F. No. 2180, A bill for an act relating to retirement; general employees retirement plan of the Public Employees Retirement Association; authorizing a onetime second chance actuarial equivalent optional retirement annuity election in certain instances.

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

Brod introduced:

H. F. No. 2181, A bill for an act relating to the senate; prohibiting action on confirmation of an appointment after adjournment; amending Minnesota Statutes 2002, section 15.066, subdivision 2.

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

Penas, Lindgren, Lieder, Lanning, Marquart and Eken introduced:

H. F. No. 2182, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for flood hazard mitigation projects.

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

Sertich introduced:

H. F. No. 2183, A bill for an act relating to human services; expanding the exemption from medical assistance co-payments; appropriating money; amending Minnesota Statutes 2003 Supplement, section 256B.0631, subdivision 2.

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

Paymar introduced:

H. F. No. 2184, A bill for an act relating to health; modifying gift ban for prescription drug practitioners; amending Minnesota Statutes 2002, section 151.461.

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

Wilkin introduced:

H. F. No. 2185, A bill for an act relating to commerce; regulating the disclosure of certain information to certain investigatory entities; amending Minnesota Statutes 2002, sections 45.027, subdivision 7a; 60A.03, subdivision 9; 60A.031, subdivision 4.

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

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Mariani; Abeler; Hausman; Mahoney; Meslow; Johnson, S., and Lesch introduced:

H. F. No. 2186, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money to acquire and refurbish the Union Depot concourse in the city of St. Paul.

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

Stang, Sertich, Davids, Osterman and Walz introduced:

H. F. No. 2187, A bill for an act relating to commerce; requiring debt collection agency employees to be registered instead of licensed; amending Minnesota Statutes 2002, sections 332.33; 332.335, subdivision 1; 332.35; 332.37; 332.395; 332.40; 332.41; 332.42; 332.43, subdivision 1.

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

Cox; Nelson, P.; Finstad; Huntley and Abeler introduced:

H. F. No. 2188, A bill for an act relating to human services; modifying the division of costs for ICFs/MR; requiring an ICF/MR plan; amending Minnesota Statutes 2003 Supplement, section 256B.19, subdivision 1.

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

Anderson, I., introduced:

H. F. No. 2189, A bill for an act relating to education finance; authorizing a school district to use health and safety revenue for new construction.

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

Wilkin and Gerlach introduced:

H. F. No. 2190, A bill for an act relating to education; providing for validation of school district superintendent employment contracts; amending Minnesota Statutes 2002, section 123B.143, by adding a subdivision.

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

Seagren and Sieben introduced:

H. F. No. 2191, A bill for an act relating to education; modifying the membership of the Commission on National and Community Service; amending Minnesota Statutes 2003 Supplement, section 124D.385, subdivision 2; repealing Minnesota Statutes 2002, sections 124D.41; 124D.42, subdivisions 1, 2, 4, 5, 7; 124D.43; Minnesota Statutes 2003 Supplement, section 124D.42, subdivisions 3, 6.

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

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Penas introduced:

H. F. No. 2192, A bill for an act relating to capital investment; appropriating money for county roadwork in Roseau County; authorizing the issuance of general obligation bonds.

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

Rhodes, Bernardy and Greiling introduced:

H. F. No. 2193, A bill for an act relating to education finance; authorizing school districts to levy for certain unreimbursed pupil transportation costs; amending Minnesota Statutes 2002, section 123B.92, by adding a subdivision.

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

Davids, Pugh, Sertich and Gunther introduced:

H. F. No. 2194, A bill for an act relating to insurance; automobile; regulating claims practices; prohibiting discrimination against certain collision repair shops; amending Minnesota Statutes 2002, section 72A.201, subdivision 6.

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

Lindgren, Fuller, Urdahl, Simpson, Blaine and Tingelstad introduced:

H. F. No. 2195, A bill for an act relating to education; providing for telecommunications/Internet access equity aid; appropriating money; amending Minnesota Statutes 2002, section 127A.45, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 125B.

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

Thao; Johnson, S.; Thissen; Hornstein; Ellison; Walker; Jaros and Mariani introduced:

H. F. No. 2196, A bill for an act relating to education finance; removing the limit on funding for limited English proficiency programs; amending Minnesota Statutes 2003 Supplement, sections 124D.59, subdivision 2; 124D.65, subdivision 5; 126C.10, subdivision 4.

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

Bernardy, Hornstein, Greiling, Murphy and Entenza introduced:

H. F. No. 2197, A bill for an act relating to alcoholic beverages; providing minimum administrative penalties for sales to underage persons; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4611

Magnus, Peterson, Seifert, Finstad and Harder introduced:

H. F. No. 2198, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for floodwater retention systems in Area II of the Minnesota River Basin.

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

Wilkin introduced:

H. F. No. 2199, A bill for an act relating to the State Lottery; amending provisions relating to the director; providing for review and approval of lottery budget; creating a task force and requiring a report; providing for allocation and transfer of certain unclaimed prize money; amending Minnesota Statutes 2002, sections 349A.02, subdivision 1; 349A.10, subdivision 6; 349A.15; repealing Minnesota Statutes 2002, section 349A.02, subdivision 2.

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

Magnus, Hilty, Harder, Simpson, Marquart, Swenson, Gunther and Ruth introduced:

H. F. No. 2200, A bill for an act relating to taxation; property; providing that property used for child care located in homestead property is assessed as part of the homestead property; amending Minnesota Statutes 2003 Supplement, section 273.124, subdivision 1.

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

Westrom, Davids, Juhnke and Anderson, I., introduced:

H. F. No. 2201, A bill for an act relating to telecommunications; requiring wireless telecommunications providers to offer statewide service; 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.

Westrom; Gunther; Westerberg; Juhnke; Anderson, I.; Simpson and Davids introduced:

H. F. No. 2202, A bill for an act relating to energy; requiring certain renewable energy expenditures; amending Minnesota Statutes 2003 Supplement, section 216B.2411, subdivision 1.

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

Lipman and Murphy introduced:

H. F. No. 2203, A bill for an act relating to corrections; extension of the MINNCOR Task Force; authorizing goals for the task force; prohibiting colleges and universities from evading purchasing requirements by specification variation; amending Minnesota Statutes 2002, sections 16B.181, subdivision 2; 16B.335, subdivision 3.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4612

Adolphson, Seagren, Latz, Erickson, Newman, Klinzing, Sykora and Paulsen introduced:

H. F. No. 2204, A bill for an act relating to education; providing for a trial period of student transportation fees.

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

Dorn introduced:

H. F. No. 2205, A bill for an act relating to education finance; modifying the alternative facilities program criteria; amending Minnesota Statutes 2002, section 123B.59, subdivision 1.

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

Smith introduced:

H. F. No. 2206, A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited land that borders public water in Hennepin County.

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

Bradley, Boudreau, Huntley, Otremba, Dempsey, Abeler, Samuelson and Nornes introduced:

H. F. No. 2207, A bill for an act relating to health; clarifying that individuals may participate in pharmaceutical manufacturer's rebate programs; amending Minnesota Statutes 2002, section 62J.23, subdivision 2.

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

Osterman, Mahoney, Gunther, Sertich and Davids introduced:

H. F. No. 2208, A bill for an act relating to economic development; providing assistance to Minnesota businesses seeking federal contracts; appropriating money.

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

Urdahl, Sertich, Carlson, Lindgren, Osterman and Cox introduced:

H. F. No. 2209, A bill for an act relating to education; requiring academic standards and instruction in physical education and health education; amending Minnesota Statutes 2003 Supplement, sections 120B.021; 120B.022, subdivision 1; 120B.024; 120B.30, subdivision 1a.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4613

Erhardt, Lieder, Seagren and Kelliher introduced:

H. F. No. 2210, A bill for an act relating to transportation; establishing Road User Fee Task Force.

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

Rukavina and Solberg introduced:

H. F. No. 2211, A bill for an act relating to building codes; requiring certain modular residential structures and prefabricated homes to be in compliance with certain building codes; requiring certain inspections; providing for rulemaking; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Ozment introduced:

H. F. No. 2212, A bill for an act relating to natural resources; modifying electronic licensing provisions; clarifying certain wild rice provisions; modifying disposition of certain proceeds; modifying snowmobile training and operating requirements; modifying certain fee provisions; eliminating RIM work plan requirement; modifying reporting requirements; modifying motorboat equipment and noise provisions; modifying provisions for cross-country ski passes; providing for certain refunds, fees, and commissions; modifying authority to issue and sell licenses and appoint agents; modifying nonresident minnow transport requirements; providing for rulemaking; appropriating money; amending Minnesota Statutes 2002, sections 84.027, subdivision 15; 84.091, subdivision 1; 84.83, subdivision 2; 84.86, subdivision 1; 84.862, subdivisions 1, 3; 84.87, subdivision 2; 84.872, subdivision 1; 85.41, subdivisions 2, 4, 5; 85.43; 86B.321, subdivision 2; 86B.521, subdivisions 1, 2; 97A.055, subdivision 4; 97A.311, by adding a subdivision; 97A.434, subdivision 3; 97A.4742, subdivision 4; 97A.485, subdivisions 3, 4, 5, 7, 11; 97C.501, subdivision 4; 97C.525, subdivisions 3, 5; Minnesota Statutes 2003 Supplement, sections 84.862, subdivision 2a; 97A.475, subdivision 26; 97A.485, subdivision 6; 103G.615, subdivision 2; repealing Minnesota Statutes 2002, sections 84.862, subdivision 2; 84.95, subdivision 3; 97A.485, subdivisions 2, 8, 10; Minnesota Statutes 2003 Supplement, section 97A.475, subdivision 28.

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

Cornish, Hackbarth, Hoppe, Smith and Dill introduced:

H. F. No. 2213, A bill for an act relating to natural resources; modifying requirements for certain equipment used by the department; exempting certain patrol vehicles from the security barrier requirement; providing for designation of certain enforcement personnel by commissioner's order; providing for enforcement of certain rules; providing criminal penalties; amending Minnesota Statutes 2002, sections 84.025, subdivision 10; 84.03; 85.052, subdivision 1; 89.031; 89.19; 89.21; Minnesota Statutes 2003 Supplement, sections 84.029, subdivision 1; 84A.02; 84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8; 85.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4614

Pugh and Boudreau introduced:

H. F. No. 2214, A bill for an act relating to insurance; requiring that certain information be provided to persons whose continuation health coverage is about to expire; amending Minnesota Statutes 2002, section 62A.65, subdivision 5.

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

Kahn; Greiling; Murphy; Bernardy; Thissen; Kelliher; Hilty; Walker; Johnson, S.; Hausman; Carlson; Dorn; Entenza; Hilstrom; Ellison; Hornstein; Latz; Solberg; Clark; Sieben; Lenczewski; Pelowski; Mahoney; Opatz; Larson; Rukavina and Pugh introduced:

H. F. No. 2215, A bill for an act relating to local government; removing restrictions and eliminating a moratorium on equitable compensation reporting requirements for political subdivisions; amending Minnesota Statutes 2003 Supplement, section 471.999.

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

Stang, Sertich, Davids, Walz and Osterman introduced:

H. F. No. 2216, A bill for an act relating to financial institutions; clarifying the status of industrial loan and thrift companies that accept deposits; amending Minnesota Statutes 2002, section 53.01.

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

Meslow, DeLaForest, Walz and Strachan introduced:

H. F. No. 2217, A bill for an act relating to traffic regulations; requiring vehicles to wait at railroad crossings until roadway is clear; amending Minnesota Statutes 2002, section 169.26, subdivision 1; Minnesota Statutes 2003 Supplement, section 169.28, subdivision 1.

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

Penas introduced:

H. F. No. 2218, A bill for an act relating to natural resources; providing for public and private sales of certain state lands; removing land from certain state forests; amending Laws 2003, First Special Session chapter 13, section 16.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4615

Hilstrom, Paymar, Lesch, Murphy and Johnson, S., introduced:

H. F. No. 2219, A bill for an act relating to crime prevention and public safety; appropriating money for bracelets with tracking devices to monitor sex offenders.

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

Hilstrom; Meslow; Lesch; Strachan; Johnson, S.; Paymar; Murphy and Smith introduced:

H. F. No. 2220, A bill for an act relating to crime prevention and public safety; requiring that level III predatory offenders be photographed twice a year; amending Minnesota Statutes 2002, section 243.166, subdivision 4.

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

Nelson, C.; Abeler; Otto and Huntley introduced:

H. F. No. 2221, A bill for an act relating to education finance; restoring the special education program growth factors; appropriating money; amending Minnesota Statutes 2003 Supplement, sections 125A.76, subdivision 1; 125A.79, subdivision 1; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivisions 2, 6.

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

Vandeveer, Lipman, McNamara and Otto introduced:

H. F. No. 2222, A bill for an act relating to Washington County; authorizing the county to pay its employees by direct deposit.

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

Abeler and Bernardy introduced:

H. F. No. 2223, A bill for an act relating to human services; allowing counties to decide whether to contract for case management services; amending Minnesota Statutes 2003 Supplement, section 256B.0596.

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

Abeler and Bernardy introduced:

H. F. No. 2224, A bill for an act relating to human services; allowing counties to carryforward unused funds from the child care basic sliding fee fund.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4616

Abeler and Goodwin introduced:

H. F. No. 2225, A bill for an act relating to public employment; expanding access to group long-term care coverage to certain political subdivision employees; providing for exchange and protection of data; amending Minnesota Statutes 2002, section 43A.318, subdivisions 1, 2.

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

Finstad introduced:

H. F. No. 2226, A bill for an act relating to agriculture; changing noxious weed eradication requirements; amending Minnesota Statutes 2002, sections 18.80, subdivision 1; 18.81, subdivision 1; 18.83, subdivisions 1, 3, 7; Minnesota Statutes 2003 Supplement, sections 18.81, subdivision 3; 18.84, subdivision 3; repealing Minnesota Statutes 2002, sections 18.79, subdivisions 7, 8; 18.84, subdivision 2.

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

Gerlach, Gunther, Simpson, Pugh and Rukavina introduced:

H. F. No. 2227, A bill for an act relating to manufactured home parks; clarifying certain requirements relating to collection of utility charges as rent; amending Minnesota Statutes 2002, sections 327C.02, subdivision 2; 327C.04, by adding a subdivision.

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

Lanning, Koenen, Juhnke, Cox and Dill introduced:

H. F. No. 2228, A bill for an act relating to the environment; providing grants to municipalities for wastewater treatment projects needed to meet total maximum daily load plan requirements; authorizing sale of state bonds; appropriating money; amending Minnesota Statutes 2002, section 116.182, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 446A.

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

Juhnke, Peterson, Koenen, Dill, Otto and Otremba introduced:

H. F. No. 2229, A bill for an act relating to agriculture; providing funding for research into creating hydrogen from ethanol to be used to produce affordable electricity; appropriating money.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4617

Koenen and Juhnke introduced:

H. F. No. 2230, A bill for an act relating to education finance; authorizing a fund transfer for Independent School District No. 2180, M.A.C.C.R.A.Y.

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

Lanning introduced:

H. F. No. 2231, A bill for an act relating to public safety; requiring the commissioner of corrections to convene an end-of-confinement review committee to assess the risk level of offenders coming into Minnesota from another state; clarifying current law requiring assessment of offenders released from federal facilities; allowing community notification pursuant to a risk level assigned in another state; requiring the Bureau of Criminal Apprehension to forward registration and notification information on certain offenders to the Department of Corrections; directing the commissioner of corrections to determine whether notification laws of other states are comparable to Minnesota's notification law; amending Minnesota Statutes 2002, sections 243.166, subdivision 9; 244.052, subdivision 3, by adding a subdivision.

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

Abeler, Mullery, Tingelstad and Ellison introduced:

H. F. No. 2232, A bill for an act relating to health; banning certain substances after a certain date; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Greiling and Carlson introduced:

H. F. No. 2233, A bill for an act relating to education finance; increasing the general education basic formula allowance; amending Minnesota Statutes 2002, section 126C.10, subdivision 2.

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

Opatz introduced:

H. F. No. 2234, A bill for an act relating to telecommunications; requiring provision of a cable service consumer complaint telephone number; authorizing a penalty; proposing coding for new law in Minnesota Statutes, chapter 238.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4618

Sertich; Gunther; Anderson, B.; Kohls; Mahoney and Kuisle introduced:

H. F. No. 2235, A bill for an act relating to unemployment insurance; modifying definitions; making technical, housekeeping, and policy changes; modifying penalty provisions; amending Minnesota Statutes 2002, sections 176.011, subdivision 20; 268.035, subdivisions 3, 8a, 12a, 17, 20, 23a, 28, by adding a subdivision; 268.043; 268.044, subdivisions 2, 3, 4; 268.051, subdivisions 4, 7; 268.0511; 268.053, subdivision 2; 268.057, as amended; 268.058, as amended; 268.059, subdivision 3; 268.0625, as amended; 268.064, subdivisions 1, 3; 268.065, subdivisions 1, 2; 268.07, subdivisions 1, 3; 268.085, subdivisions 2, 12, 13a, 14; 268.095, subdivisions 4, 6a; 268.101, subdivisions 2, 4; 268.103; 268.105, as amended; 268.115, subdivision 5; 268.125, subdivision 5; 268.135, subdivisions 1, 2, 4; 268.145, subdivision 1; 268.18, subdivisions 2b, 6; 268.182; 268.184; Minnesota Statutes 2003 Supplement, sections 268.035, subdivision 15; 268.042, subdivisions 1, 3; 268.044, subdivisions 1, 1a; 268.045; 268.047, subdivision 5; 268.051, subdivisions 1, 1a, 3, 5, 6; 268.052, subdivisions 1, 2; 268.053, subdivisions 1, 3; 268.059, subdivision 1; 268.063; 268.066; 268.067; 268.0675; 268.07, subdivision 2; 268.085, subdivisions 1, 3, 4, 5, 6; 268.095, subdivisions 1, 3; 268.101, subdivisions 3, 3a; 268.18, subdivisions 1, 2; 268.186; 268.19, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268.

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

Olson, M.; Hackbarth; Erickson; Anderson, B.; Opatz and Severson introduced:

H. F. No. 2236, A bill for an act relating to highways; authorizing issuance of trunk highway bonds for improvements to marked Trunk Highway 10; appropriating money.

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

Ellison; Biernat; Clark; Paymar; Mariani; Mahoney; Entenza; Lesch; Johnson, S.; Thao; Walker and Hausman introduced:

H. F. No. 2237, A bill for an act relating to education finance; restoring integration revenue to its former amounts; appropriating money; amending Minnesota Statutes 2003 Supplement, section 124D.86, subdivision 3; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 5.

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

Thissen; Biernat; Clark; Kelliher; Paymar; Ellison; Davnie; Mariani; Mahoney; Entenza; Lesch; Thao; Johnson, S.; Walker; Hornstein; Hausman and Slawik introduced:

H. F. No. 2238, A bill for an act relating to education finance; authorizing voluntary full-day kindergarten; authorizing prekindergarten school readiness services for certain four-year-old students; amending Minnesota Statutes 2002, section 126C.05, subdivision 1.

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

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Mariani, Greiling, Eken and Biernat introduced:

H. F. No. 2239, A bill for an act relating to education finance; authorizing a grant to establish supportive community partnerships; appropriating money.

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

Pelowski introduced:

H. F. No. 2240, A bill for an act relating to education finance; authorizing an exception to the lease levy requirements for Independent School District No. 861, Winona.

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

Bradley, Boudreau and Wilkin introduced:

H. F. No. 2241, A bill for an act relating to human services; modifying the maximum rate paid for child care assistance; limiting the number of absent days reimbursed under child care assistance; amending Minnesota Statutes 2002, section 119B.13, by adding a subdivision; Minnesota Statutes 2003 Supplement, section 119B.13, subdivision 1.

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

Sykora, Dill, Seagren and Rukavina introduced:

H. F. No. 2242, A resolution memorializing Minnesota's Congressional Delegation to authorize an increase in the existing Boundary Waters Canoe Area Wilderness (BWCAW) reservation fee to be allocated to Minnesota's Permanent School Fund.

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

Samuelson, Lanning, Nornes, Harder, Ruth, Soderstrom, Gunther, Vandeveer, Otremba, Huntley and Severson introduced:

H. F. No. 2243, A bill for an act relating to traffic regulations; authorizing counties and cities to impose administrative penalties on certain speed limit law violators; amending Minnesota Statutes 2002, sections 169.022; 169.99, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Samuelson, Jacobson, Greiling, Meslow, Lesch, Slawik, Wasiluk and Urdahl introduced:

H. F. No. 2244, A bill for an act relating to local government; providing for dues to the Ramsey County League of Local Governments; amending Laws 1963, chapter 728, section 1, as amended.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4620

Samuelson, Jacobson and Greiling introduced:

H. F. No. 2245, A bill for an act relating to education finance; authorizing a lease levy for Independent School District No. 621, Mounds View.

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

Samuelson; Boudreau; Bradley; Otremba; Huntley; Penas; Wilkin; Ruth; Soderstrom; Beard; Gunther; Cornish; Johnson, J.; Dempsey; Vandeveer; Finstad; Severson; Walker; Borrell and Slawik introduced:

H. F. No. 2246, A bill for an act relating to health; modifying the nursing facility survey process; establishing a quality improvement program; requiring annual quality improvement reports; requiring the commissioner of health to seek federal waivers and approvals; amending Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a subdivision; 256.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144A.

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

Westerberg; Kuisle; Anderson, B.; Lieder; Davids; Johnson, J.; Holberg; Juhnke; Nelson, P.; Hackbarth; Lindner; Tingelstad; Jacobson; Vandeveer; DeLaForest; Adolphson; Erhardt; Simpson; Gunther; Erickson; McNamara and Bernardy introduced:

H. F. No. 2247, A bill for an act relating to highways; requiring commissioner of transportation to prepare a preliminary plan for a second beltline around the Minneapolis-St. Paul metropolitan area.

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

Thissen introduced:

H. F. No. 2248, A bill for an act relating to retirement; teacher retirement plans; authorizing purchase of service credit for out-of-state public college and university teaching; amending Minnesota Statutes 2002, sections 354.534, subdivision 1; 354A.098, subdivision 1.

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

Cox, Pelowski, Ozment, Peterson, Hackbarth, Hoppe, McNamara, Tingelstad, Erhardt, Davids, Penas, Lindgren and Simpson introduced:

H. F. No. 2249, A bill for an act relating to natural resources; appropriating money for conservation easements; authorizing the sale of state bonds.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4621

Mahoney, Bradley and Kelliher introduced:

H. F. No. 2250, A bill for an act relating to economic development; providing funding for biotechnology and health science zone projects; authorizing the issuance of state bonds; appropriating money; amending Minnesota Statutes 2002, sections 116J.571; 116J.572, subdivisions 2, 4; 116J.573, subdivisions 1, 2, 4, 5; 116J.574, subdivision 2; 116J.575, subdivision 1.

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

Abeler and Huntley introduced:

H. F. No. 2251, A bill for an act relating to health; requiring coverage for or provision of language interpreter services for enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Harder introduced:

H. F. No. 2252, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the North Windom Industrial Park.

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

Dill; Penas; Anderson, I.; Eken and Lieder introduced:

H. F. No. 2253, A bill for an act relating to health; requiring the commissioner of health to classify certain loans made under the rural hospital capital improvement grant and loan program; amending Minnesota Statutes 2002, section 144.148, by adding a subdivision.

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

Otto; Greiling; Hausman; Bernardy; Nelson, M., and Slawik introduced:

H. F. No. 2254, A bill for an act relating to education finance; expanding the health and safety revenue program to include arsenic remediation expenses; amending Minnesota Statutes 2002, section 123B.57, subdivision 2; Minnesota Statutes 2003 Supplement, section 123B.57, subdivisions 1, 6.

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

Anderson, B.; Lesch; Davids; Haas; Erickson and Anderson, I., introduced:

H. F. No. 2255, A bill for an act relating to claims against the state; providing for settlement of various claims; appropriating money.

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

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Bradley, Samuelson, Rhodes, Huntley, Abrams, Mahoney and Nelson, M., introduced:

H. F. No. 2256, A bill for an act relating to taxation; requiring certain third-party purchasers to comply with provisions authorizing transfer of the health care provider tax; requiring certain documentation of compliance; authorizing a civil action for noncompliance; amending Minnesota Statutes 2002, section 295.582.

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

Ellison, Walker, Hornstein, Biernat and Thao introduced:

H. F. No. 2257, A bill for an act relating to landlord tenant; requiring expungement of court eviction records after one year; amending Minnesota Statutes 2002, section 504B.241, subdivision 4.

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

Wilkin introduced:

H. F. No. 2258, A bill for an act relating to insurance; establishing risk-based capital requirements for health organizations; establishing the minimum standard of valuation for health insurance; enacting model regulations of the National Association of Insurance Commissioners; regulating loss revenue certifications; amending Minnesota Statutes 2002, section 60A.129, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 60A.

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

Blaine introduced:

H. F. No. 2259, A bill for an act relating to crime prevention; increasing the criminal penalties for interfering with privacy; increasing the age of protected minor victims for enhanced penalties for this crime; amending Minnesota Statutes 2002, section 609.746, subdivision 1.

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

Blaine introduced:

H. F. No. 2260, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Fletcher Creek Flood Control Project.

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

Blaine introduced:

H. F. No. 2261, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for improvements to the Pine Grove Park Zoo in Little Falls.

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

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Blaine introduced:

H. F. No. 2262, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a park-and-ride lot for the Soo Line Corridor on Highway 10 in Morrison County.

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

Abrams, Lenczewski, Sviggum, Kuisle and Paulsen introduced:

H. F. No. 2263, A bill for an act relating to taxation; corporate franchise; limiting the tax benefits of lease-in lease-out transactions; amending Minnesota Statutes 2003 Supplement, section 290.01, subdivisions 19c, 19d; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Goodwin; Huntley; Wasiluk; Rukavina; Koenen; Eken; Johnson, S.; Sertich; Bernardy; Atkins; Greiling; Carlson; Davnie; Clark; Hilty and Mariani introduced:

H. F. No. 2264, A bill for an act relating to state government; requiring state service contracts and solicitations for state service contracts to contain information on where work will be performed; requiring state contractors to disclose certain information from people they contact; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Hackbarth introduced:

H. F. No. 2265, A bill for an act relating to waters; providing for administrative penalty orders; providing civil penalties; requiring an implementation plan; providing a rulemaking exemption; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Zellers introduced:

H. F. No. 2266, A bill for an act relating to highways; authorizing state bonds for Central Avenue and Jefferson Highway project in Osseo; appropriating money.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4624

Anderson, J.; Marquart; Knoblach; Blaine; Gunther; Simpson; Lindgren; Davids; Magnus; Demmer and Lanning introduced:

H. F. No. 2267, A bill for an act relating to agriculture; increasing maximum state participation limits for certain rural finance authority programs; amending Minnesota Statutes 2002, sections 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2; 41B.046, subdivision 5; 41B.047, subdivision 4; 41B.049, subdivision 5.

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

Magnus, Westrom, Cox, Gunther, Beard and Simpson introduced:

H. F. No. 2268, A bill for an act relating to energy; regulating wind energy development; extending duration of position of reliability administrator; establishing temporary position of renewable energy development director; amending Minnesota Statutes 2002, sections 216B.243, by adding a subdivision; 216C.052, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 216B; 216C.

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

Huntley, Paymar, Opatz, Otremba and Walker introduced:

H. F. No. 2269, A bill for an act relating to human services; modifying date of application for general assistance medical care; reducing the co-payment for inpatient hospitalization services under general assistance medical care; amending Minnesota Statutes 2003 Supplement, section 256D.03, subdivisions 3, 4.

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

Adolphson, Lenczewski, Buesgens, Lanning, Severson, Hornstein and Ellison introduced:

H. F. No. 2270, A bill for an act relating to official publications; changing provisions for publication of public notices in newspapers; requiring a report; amending Minnesota Statutes 2002, sections 279.09; 279.092; 331A.01, subdivisions 2, 3, 6, 9, 10; 331A.02, subdivisions 1, 3, 4, by adding a subdivision; 331A.03, subdivision 1, by adding a subdivision; 331A.04, as amended; 331A.05, subdivisions 3, 4, 5, 7, by adding a subdivision; 331A.06, subdivision 3, by adding a subdivision; 331A.07; 331A.08, by adding a subdivision; 331A.09; 331A.10, subdivision 1; 331A.11, subdivisions 1, 2; 375.12, subdivision 2; 375.17, subdivision 1; 412.191, subdivision 3; 471.698, subdivision 1; repealing Minnesota Statutes 2002, sections 331A.01, subdivision 5; 331A.02, subdivision 2.

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

Juhnke, Peterson, Koenen, Dill and Otremba introduced:

H. F. No. 2271, A bill for an act relating to education; making changes to county extension work; requiring county contributions for county extension offices; appropriating money; amending Minnesota Statutes 2002, section 38.35.

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

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Juhnke, Peterson, Koenen, Dill and Otremba introduced:

H. F. No. 2272, A bill for an act relating to education; requiring county extension office; amending Minnesota Statutes 2002, sections 38.331, subdivision 2; 38.35.

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

Atkins introduced:

H. F. No. 2273, A bill for an act relating to commerce; regulating certain state government telemarketing and telephone center services contracts; imposing certain customer sales or service call center requirements; prescribing a criminal penalty; proposing coding for new law in Minnesota Statutes, chapters 16C; 325F.

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

Bradley, Huntley, Osterman, Finstad and Sertich introduced:

H. F. No. 2274, A bill for an act relating to insurance; modifying regulation of joint self-insurance employee benefit plans; amending Minnesota Statutes 2002, sections 62H.01; 62H.02; repealing Minnesota Statutes 2002, section 62H.07.

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

Biernat, Smith and Clark introduced:

H. F. No. 2275, A bill for an act relating to peace officers; clarifying when a peace officer may recoup attorney fees and costs in a civilian complaint proceeding; amending Minnesota Statutes 2002, section 471.44, subdivision 2.

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

Meslow, Lesch, Latz and Ellison introduced:

H. F. No. 2276, A bill for an act relating to criminal justice; defining collateral sanctions; requiring the revisor of statutes to create a new statutory chapter containing cross-references to collateral sanction laws located throughout Minnesota Statutes.

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

Abeler and Huntley introduced:

H. F. No. 2277, A bill for an act relating to human services; making changes to licensing provisions; amending Minnesota Statutes 2002, sections 245A.02, subdivisions 2a, 5a, 7, 10, 14, by adding a subdivision; 245A.03, subdivision 3; 245A.04, subdivisions 5, 6, 7, by adding subdivisions; 245A.05; 245A.06, subdivisions 2, 4;

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245A.07, subdivisions 2, 2a, 3; 245A.08, subdivision 5; 245A.16, subdivision 4; 245A.22, subdivision 2; Minnesota Statutes 2003 Supplement, sections 241.021, subdivision 6; 245A.03, subdivision 2; 245A.04, subdivision 1; 245A.08, subdivisions 1, 2a; 245A.16, subdivision 1; 245A.22, subdivision 3; 245C.02, subdivision 18; 245C.03, subdivision 1, by adding a subdivision; 245C.05, subdivisions 1, 2, 5, 6; 245C.08, subdivisions 2, 3, 4; 245C.09, subdivision 1; 245C.13, subdivision 1; 245C.14, subdivision 1; 245C.15, subdivisions 2, 3, 4; 245C.16, subdivision 1; 245C.17, subdivisions 1, 3; 245C.18; 245C.20; 245C.21, subdivision 3, by adding a subdivision; 245C.22, subdivisions 3, 4, 5, 6; 245C.23, subdivisions 1, 2; 245C.25; 245C.26; 245C.27, subdivisions 1, 2; 245C.28, subdivisions 1, 2, 3; 245C.29, subdivision 2; 256.045, subdivisions 3, 3b; 626.556, subdivision 10i; 626.557, subdivision 9d; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 2003 Supplement, sections 245A.11, subdivision 2b; 245C.02, subdivision 17; Minnesota Rules, parts 9543.0040, subpart 3; 9543.1000; 9543.1010; 9543.1020; 9543.1030; 9543.1040; 9543.1050; 9543.1060; 9545.1200; 9545.1210; 9545.1220; 9545.1230; 9545.1240; 9545.1250; 9545.1260; 9545.1270; 9545.1280; 9545.1290; 9545.1300; 9545.1310; 9545.1320.

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

Atkins; Nelson, M.; Sieben; Hilstrom and Goodwin introduced:

H. F. No. 2278, A bill for an act relating to individual income taxes; providing a subtraction for expenses related to organ donation; amending Minnesota Statutes 2003 Supplement, sections 290.01, subdivision 19b; 290.091, subdivision 2.

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

Murphy, Jaros and Huntley introduced:

H. F. No. 2279, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for an academic and services addition at Lake Superior College.

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

Huntley, Greiling, Wagenius, Goodwin, Solberg, Davnie, Lesch, Kelliher, Carlson, Dill, Lieder, Eken, Pelowski, Dorn, Koenen, Peterson, Murphy, Kahn, Bernardy and Johnson, S., introduced:

H. F. No. 2280, A bill for an act relating to health care; modifying premium rate restrictions; modifying cost containment provisions; providing for an electronic medical record system; modifying certain loan forgiveness programs; modifying medical assistance, general assistance medical care and MinnesotaCare programs; authorizing the sale of bonds; requiring reports; appropriating money; amending Minnesota Statutes 2002, sections 62A.65, subdivision 3; 62J.04, by adding a subdivision; 62J.301, subdivision 3; 62J.38; 62L.08, subdivision 8; 256.9693; 256B.03, subdivision 3; 256B.0625, subdivision 3b, by adding a subdivision; Minnesota Statutes 2003 Supplement, sections 62J.04, subdivision 3; 62J.692, subdivision 3; 144.1501, subdivisions 2, 4; 256.954, subdivisions 4, 6, 10; 256B.061; 256B.0625, subdivision 9; 256B.69, subdivision 2; 256D.03, subdivisions 3, 4; 256L.03, subdivision 1; 256L.05, subdivision 4; 256L.07, subdivision 1; 256L.12, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q; 256B; 256L; repealing Minnesota Statutes 2003 Supplement, sections 256.954, subdivision 12; 256B.0631; 256L.035.

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

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Lipman and Lesch introduced:

H. F. No. 2281, A bill for an act relating to crime victims; authorizing providing information to victims of juvenile acts; clarifying the definition of victim; authorizing release of an offender's current city of residence upon request by a victim; reducing the time of the nonliable spouse to file a claim under the Revenue Recapture Act; amending Minnesota Statutes 2002, sections 13.84, by adding a subdivision; 260B.163, subdivision 1; 611A.01; Minnesota Statutes 2003 Supplement, section 260B.171, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 270A.

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

Strachan, Sviggum, Smith, Hoppe and Kohls introduced:

H. F. No. 2282, A bill for an act relating to crime prevention; authorizing the commissioner of public safety to impose fees on local users of CriMNet to support the capital cost of its development; authorizing the issuance of state revenue bonds; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Goodwin, Davnie, Lindner, Atkins and Sertich introduced:

H. F. No. 2283, A bill for an act relating to consumer protection; providing a property tax reduction for structures contaminated by mold; establishing a Homeowners Protection Act of 2004; adding attorney fees to damages for breach of new home and home improvement warranties; limiting exclusions or modifications of new home and home improvement warranties; establishing a voluntary home inspector certification program; regulating subcontractor notice for purposes of enforcing mechanical liens; amending Minnesota Statutes 2002, sections 273.123, by adding a subdivision; 327A.04; 327A.05, subdivisions 1, 2; 514.011, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 325E; 326; 337.

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

Johnson, J.; Abrams; Dempsey; Rhodes; Paulsen; Adolphson; Klinzing; Erhardt; Lenczewski; Seagren; Smith and Sykora introduced:

H. F. No. 2284, A bill for an act relating to education finance; eliminating the referendum allowance limit; repealing Minnesota Statutes 2002, section 126C.17, subdivision 3; Minnesota Statutes 2003 Supplement, section 126C.17, subdivision 2.

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

Wardlow, Erickson, Lindner, Klinzing, Urdahl, Sykora, Eastlund, Zellers and Demmer introduced:

H. F. No. 2285, A bill for an act relating to education; delaying student progress to next grade level for absence from school and performance below grade level; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

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Hilstrom, Paymar, Rhodes and Gunther introduced:

H. F. No. 2286, A bill for an act relating to public safety; prohibiting possessing dangerous weapons, replica firearms, or BB guns on youth organization property; providing penalties; amending Minnesota Statutes 2003 Supplement, section 609.66, subdivision 1d.

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

Abeler; Greiling; Anderson, J., and Eken introduced:

H. F. No. 2287, A bill for an act relating to education; providing for seclusion with aversive and deprivation procedures; providing for rulemaking; amending Minnesota Statutes 2002, sections 121A.66, subdivision 5, by adding a subdivision; 121A.67.

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

Biernat introduced:

H. F. No. 2288, A bill for an act relating to courts; modifying conciliation court debtor disclosures; amending Minnesota Statutes 2002, section 491A.02, subdivision 9.

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

Sykora, Greiling, Hornstein and Seagren introduced:

H. F. No. 2289, A bill for an act relating to education finance; modifying the adult basic education formula; amending Minnesota Statutes 2003 Supplement, sections 124D.52, subdivision 3; 124D.531, subdivisions 1, 4.

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

Smith introduced:

H. F. No. 2290, A bill for an act relating to sentencing; adding the commissioner of public safety to the Sentencing Guidelines Commission; amending Minnesota Statutes 2002, section 244.09, subdivisions 1, 2.

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

Huntley and Murphy introduced:

H. F. No. 2291, A bill for an act relating to capital improvements; providing for a grant to Independent School District No. 709, Duluth, for construction costs and related improvements to Grant Magnet School; authorizing bonds; appropriating money.

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

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Huntley, Jaros and Murphy introduced:

H. F. No. 2292, A bill for an act relating to appropriations; appropriating money for the Great Lakes Commission.

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

Atkins introduced:

H. F. No. 2293, A bill for an act relating to human services; requiring the commissioner of human services to implement a program to obtain discounted prescription drugs through Canadian pharmacies; establishing a Web site for ordering prescription drugs; providing state and local employee health plans, state health care programs, health plan companies, and Minnesota residents access to discounted prescription drugs; amending Minnesota Statutes 2002, section 151.19, 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 Health and Human Services Policy.

Kuisle, Magnus, Heidgerken, Harder, Urdahl, Blaine, Juhnke, Swenson, Koenen, Dorman, Gunther, Demmer and Boudreau introduced:

H. F. No. 2294, A bill for an act relating to natural resources; appropriating money for conservation easements; authorizing the sale of state bonds.

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

Johnson, J., introduced:

H. F. No. 2295, A bill for an act relating to civil rights; authorizing county attorneys to join the action as a party when a felon petitions the court to have firearm possession rights restored; requiring notice; amending Minnesota Statutes 2003 Supplement, section 609.165, subdivision 1d.

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

Erhardt, Walz, Kelliher, Kuisle and Lieder introduced:

H. F. No. 2296, A bill for an act relating to public safety; providing that a peace officer assigned to a bomb squad unit may operate any vehicle or combination of vehicles while engaged in bomb squad duties; amending Minnesota Statutes 2002, section 171.02, subdivision 2.

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

Seifert, Gunther, Sykora, Osterman, Dorn, Walz, Sertich and Severson introduced:

H. F. No. 2297, A bill for an act relating to vocational rehabilitation; authorizing a transfer of funds.

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

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Abrams, Ozment, Lenczewski, Dempsey, Pugh, Gunther and Brod introduced:

H. F. No. 2298, A bill for an act providing for designation of an international economic development zone; providing tax incentives; appropriating money; amending Minnesota Statutes 2002, sections 272.02, by adding a subdivision; 290.06, by adding a subdivision; 297A.68, by adding a subdivision; 297B.03; Minnesota Statutes 2003 Supplement, sections 290.01, subdivisions 19b, 29; 290.06, subdivision 2c; 290.067, subdivision 1; 290.0671, subdivision 1; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters 469; 477A.

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

Abrams, Lenczewski, Jacobson, Pugh, Gunther and Brod introduced:

H. F. No. 2299, A bill for an act relating to taxation; exempting publicly traded partnerships from the withholding requirements; amending Minnesota Statutes 2002, section 290.92, subdivision 4b.

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

Abrams, Pugh, Jacobson, Brod, Lenczewski, Kuisle, Harder and Kohls introduced:

H. F. No. 2300, A bill for an act relating to taxation; making technical, clarifying, and administrative changes to certain taxes and tax provisions, data disclosure provisions, local government aid provisions, and sustainable forest incentive provisions; changing civil penalties; repealing obsolete rules; amending Minnesota Statutes 2002, sections 270.65; 270B.12, subdivision 9; 272.01, subdivision 2; 272.02, subdivisions 1a, 7, by adding subdivisions; 273.124, subdivision 8; 273.19, subdivision 1a; 274.14; 275.065, subdivision 1a; 275.07, subdivisions 1, 4; 282.016; 282.21; 282.224; 282.301; 287.04; 289A.37, subdivision 5; 289A.38, subdivision 6; 289A.60, subdivision 6; 290.06, subdivision 22; 290.92, subdivision 1; 290C.05; 295.50, subdivision 4; 296A.22, by adding a subdivision; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.07; 297I.01, by adding a subdivision; 297I.05, subdivision 4; 325D.33, subdivision 6; 473.843, subdivision 5; Minnesota Statutes 2003 Supplement, sections 168A.05, subdivision 1a; 274.014, subdivision 3; 276.112; 289A.19, subdivision 4; 289A.40, subdivision 2; 290.01, subdivision 19a; 290.0674, subdivision 1; 297A.668, subdivisions 1, 3, 5; 297A.669, subdivision 16; 297A.68, subdivisions 2, 5, 39; 297F.08, subdivision 12; 297F.09, subdivisions 1, 2; 477A.011, subdivision 36; 477A.03, subdivision 2b; Laws 2003, First Special Session chapter 21, article 5, section 13; Laws 2003, First Special Session chapter 21, article 6, section 9; proposing coding for new law in Minnesota Statutes, chapter 290C; repealing Minnesota Statutes 2002, sections 273.19, subdivision 5; 275.15; 283.07; 297E.12, subdivision 10; Minnesota Rules, parts 8093.2000; 8093.3000; 8130.0110, subpart 4; 8130.0200, subparts 5, 6; 8130.0400, subpart 9; 8130.1200, subparts 5, 6; 8130.2900; 8130.3100, subpart 1; 8130.4000, subparts 1, 2; 8130.4200, subpart 1; 8130.4400, subpart 3; 8130.5200; 8130.5600, subpart 3; 8130.5800, subpart 5; 8130.7300, subpart 5; 8130.8800, subpart 4.

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

Kahn, Hornstein, Wagenius, Hausman, Davnie and Tingelstad introduced:

H. F. No. 2301, A bill for an act relating to the environment; providing sales tax exemptions; adopting California vehicle emissions standards; amending Minnesota Statutes 2003 Supplement, section 297B.03; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4631

Meslow, Lesch and Strachan introduced:

H. F. No. 2302, A bill for an act relating to crime prevention; clarifying DWI plate impoundment law; amending Minnesota Statutes 2002, section 169A.60, subdivision 11.

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

Davids introduced:

H. F. No. 2303, A bill for an act relating to appropriations; appropriating money for Historic Forestville.

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

Rhodes; Nelson, P.; Slawik; Atkins; Strachan; Erhardt and Hoppe introduced:

H. F. No. 2304, A bill for an act relating to drivers' licenses; modifying requirements for operating motor vehicle by holder of provisional license; amending Minnesota Statutes 2002, section 171.055, subdivision 2.

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

Osterman introduced:

H. F. No. 2305, A bill for an act relating to government data; classifying data relating to the Department of Employment and Economic Development; making technical changes; amending Minnesota Statutes 2002, sections 13.47, subdivision 4; 13.598, as amended; 270B.14, subdivision 2; Minnesota Statutes 2003 Supplement, section 268.19, subdivisions 1, 2; repealing Minnesota Statutes 2002, section 13.475.

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

Magnus introduced:

H. F. No. 2306, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for an Alzheimer's addition to the Luverne Veterans Home.

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

Magnus introduced:

H. F. No. 2307, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for capital planning, acquisition, and development of the Casey Jones Trail.

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

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4632

Zellers; Meslow; Strachan; Smith; Lesch; Kohls; Johnson, J.; Paulsen; Kuisle; Murphy; Walz; Urdahl; Gerlach; Hoppe; Rhodes; Seifert; Brod; Erickson; Finstad; Fuller; Adolphson; Olson, M.; Wardlow; Newman; Nelson, C.; Sykora; Simpson; Severson; Bradley; Penas and Boudreau introduced:

H. F. No. 2308, A bill for an act relating to criminal justice and public safety; providing a life penalty for most first degree criminal sexual conduct crimes; creating indeterminate sentences and mandatory life sentences for second degree criminal sexual conduct and certain third and fourth degree criminal sexual conduct crimes; creating a criminal sexual predatory conduct crime; establishing minimum sentences for certain sex offenses; establishing the Minnesota Sex Offender Review Board; providing procedures for operation of the review board; specifying when an offender may petition for conditional release; directing the Sentencing Guidelines Commission to assess risk levels and presumptive sentences for certain offenses; requiring the commissioner of corrections to establish criteria and procedures for reviewing offenders' petitions for release; exempting the Minnesota Sex Offender Review Board and certain responsibilities of the commissioner of corrections from rulemaking; specifying that the Open Meeting Law does not apply to meetings and hearings of the Minnesota Sex Offender Review Board; instructing the revisor to renumber various statutes; repealing various laws pertaining to sex offenders; making various technical and conforming changes; providing criminal penalties; amending Minnesota Statutes 2002, sections 13D.01, subdivision 2; 241.67, subdivision 3; 243.166, subdivision 1; 244.05, subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivision 3; 244.195, subdivision 1; 253B.185, subdivision 2; 401.01, subdivision 2; 609.117, subdivisions 1, 2; 609.1351; 609.341, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3452, subdivision 4; 609.347; 609.3471; 609.348; 609.353; 631.045; Minnesota Statutes 2003 Supplement, section 14.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 244; 609; repealing Minnesota Statutes 2002, sections 609.108; 609.109.

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

MOTIONS AND RESOLUTIONS

Goodwin moved that the name of Sieben be added as an author on H. F. No. 329. The motion prevailed.

Strachan moved that the name of Sieben be added as an author on H. F. No. 622. The motion prevailed.

Jacobson moved that the name of Westerberg be added as an author on H. F. No. 1031. The motion prevailed.

Wagenius moved that the name of Sieben be added as an author on H. F. No. 1331. The motion prevailed.

Newman moved that his name be added as chief author on H. F. No. 1364. The motion prevailed.

Lanning moved that the name of Nelson, P., be added as an author on H. F. No. 1717. The motion prevailed.

Nelson, C., moved that the name of Marquart be added as an author on H. F. No. 1728. The motion prevailed.

Lipman moved that the names of Sviggum, Holberg and Buesgens be added as authors on H. F. No. 1737. The motion prevailed.

Tingelstad moved that the names of Rhodes and Osterman be added as authors on H. F. No. 1771. The motion prevailed.

Slawik moved that the name of Juhnke be added as an author on H. F. No. 1778. The motion prevailed.

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4633

Greiling moved that the names of Lanning, Hausman and Walker be added as authors on H. F. No. 1788. The motion prevailed.

Sykora moved that the name of Samuelson be added as an author on H. F. No. 1789. The motion prevailed.

Huntley moved that the names of Rhodes and Nelson, M., be added as authors on H. F. No. 1816. The motion prevailed.

Brod moved that the name of Borrell be added as an author on H. F. No. 1820. The motion prevailed.

Seifert moved that the name of Bernardy be added as an author on H. F. No. 1835. The motion prevailed.

Ruth moved that the name of Swenson be added as an author on H. F. No. 1849. The motion prevailed.

Erickson moved that the name of Nelson, C., be added as an author on H. F. No. 1858. The motion prevailed.

Paulsen moved that the name of Nelson, P., be added as an author on H. F. No. 1901. The motion prevailed.

Wardlow moved that the name of Nelson, P., be added as an author on H. F. No. 1910. The motion prevailed.

Abeler moved that the names of Anderson, B., and Samuelson be added as authors on H. F. No. 1923. The motion prevailed.

Kohls moved that the name of Lipman be added as an author on H. F. No. 1929. The motion prevailed.

Kohls moved that the name of Lipman be added as an author on H. F. No. 1930. The motion prevailed.

Bernardy moved that the name of Dill be added as an author on H. F. No. 1931. The motion prevailed.

Johnson, S., moved that the name of Rukavina be added as an author on H. F. No. 1943. The motion prevailed.

Smith moved that the name of Lanning be added as an author on H. F. No. 1944. The motion prevailed.

Smith moved that the name of Lanning be added as an author on H. F. No. 1945. The motion prevailed.

Krinkie moved that the name of Anderson, B., be added as an author on H. F. No. 1969. The motion prevailed.

Sykora moved that the names of Juhnke, Hilstrom and Nelson, M., be added as authors on H. F. No. 1982. The motion prevailed.

Fuller moved that the name of Lanning be added as an author on H. F. No. 1989. The motion prevailed.

Juhnke moved that the names of Koenen and Abeler be added as authors on H. F. No. 1992. The motion prevailed.

McNamara moved that the name of Samuelson be added as an author on H. F. No. 2005. The motion prevailed.

Beard moved that the name of Boudreau be added as an author on H. F. No. 2024. The motion prevailed.

Anderson, J., moved that the name of Lanning be added as an author on H. F. No. 2029. The motion prevailed.

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4634

Olson, M., moved that the name of Borrell be added as an author on H. F. No. 2042. The motion prevailed.

Gunther moved that the name of Abeler be added as an author on H. F. No. 2043. The motion prevailed.

Mahoney moved that the name of Abeler be added as an author on H. F. No. 2047. The motion prevailed.

Paulsen moved that the names of Nelson, M.; Brod; Lanning; Hilstrom and Erhardt be added as authors on H. F. No. 2048. The motion prevailed.

Kahn moved that the name of Davnie be added as an author on H. F. No. 2049. The motion prevailed.

Finstad moved that the name of Abeler be added as an author on H. F. No. 2050. The motion prevailed.

Cox moved that the name of Abeler be added as an author on H. F. No. 2073. The motion prevailed.

Ozment moved that the name of Abeler be added as an author on H. F. No. 2081. The motion prevailed.

Lanning moved that the name of Dorman be added as chief author on H. F. No. 2098. The motion prevailed.

Paymar moved that the names of Dorman and Clark be added as authors on H. F. No. 2108. The motion prevailed.

Davnie moved that the name of Lenczewski be added as an author on H. F. No. 2115. The motion prevailed.

Finstad moved that the names of Clark and Nornes be added as authors on H. F. No. 2121. The motion prevailed.

Cox moved that the name of Lenczewski be added as an author on H. F. No. 2123. The motion prevailed.

Hornstein moved that the names of Clark, Lenczewski and Hilstrom be added as authors on H. F. No. 2125. The motion prevailed.

Penas moved that her name be stricken as an author on H. F. No. 2127. The motion prevailed.

Abeler moved that his name be stricken as an author on H. F. No. 2127. The motion prevailed.

Sieben moved that her name be stricken as an author on H. F. No. 2129. The motion prevailed.

Sykora moved that the name of Hilstrom be added as an author on H. F. No. 2141. The motion prevailed.

Abeler moved that the name of Hilstrom be added as an author on H. F. No. 2142. The motion prevailed.

Kelliher moved that the names of Davnie, Dorman and Westerberg be added as authors on H. F. No. 2146. The motion prevailed.

Johnson, J., moved that the name of Westerberg be added as an author on H. F. No. 2147. The motion prevailed.

Davnie moved that the name of Clark be added as an author on H. F. No. 2170. The motion prevailed.

Otremba moved that the names of Koenen and Clark be added as authors on H. F. No. 2172. The motion prevailed.

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Otremba moved that the name of Koenen be added as an author on H. F. No. 2173. The motion prevailed.

Otremba moved that the name of Koenen be added as an author on H. F. No. 2174. The motion prevailed.

Adolphson moved that the name of Smith be added as the fifth author on H. F. No. 2204. The motion prevailed.

Anderson, B., moved that H. F. No. 1043 be recalled from the Committee on Transportation Policy and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Thissen moved that H. F. No. 1802, now on the General Register, be re-referred to the Committee on State Government Finance. The motion prevailed.

Stang moved that H. F. No. 1984 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Higher Education Finance. The motion prevailed.

ADJOURNMENT

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 23, 2004. The motion prevailed.

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, February 23, 2004.

Edward A. Burdick, Chief Clerk, House of Representatives

Journal of the House - 65th Day - Thursday, February 19, 2004 - Top of Page 4636