Journal of the House - 28th Day - Wednesday, March 26, 2003

A quorum was present.

Davids; Dorman; Johnson, J.; Mariani and Zellers were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Sieben 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. 512 and H. F. No. 415, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Borrell moved that S. F. No. 512 be substituted for H. F. No. 415 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 726 and H. F. No. 744, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Erickson moved that S. F. No. 726 be substituted for H. F. No. 744 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 2003 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

2003

Date Filed

2003

61 3 11:00 a.m. March 24 March 24

Sincerely,

Mary Kiffmeyer

Secretary of State

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 767

REPORTS OF STANDING COMMITTEES

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

H. F. No. 171, A bill for an act relating to gambling; prohibiting location of state-operated or state-licensed gambling facility in a city in which the governing body has adopted a resolution of disapproval.

Reported the same back with the following amendments:

Page 1, line 18, delete "operate" and insert "establish"

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

The report was adopted.

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

H. F. No. 212, A bill for an act relating to professions; extending the expiration date of the acupuncture, respiratory care practitioner, licensed traditional midwifery, and health professionals services program advisory committees; amending Minnesota Statutes 2002, sections 147B.05, subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 214.32, subdivision 1.

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

The report was adopted.

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

H. F. No. 228, A bill for an act relating to human services; designating certain nursing facilities as metropolitan facilities for purposes of medical assistance reimbursement; amending Minnesota Statutes 2002, section 256B.431, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 256B.431, is amended by adding a subdivision to read:

Subd. 38. [DESIGNATION OF AREAS TO RECEIVE METROPOLITAN RATES.] (a) For rate years beginning on or after July 1, 2003, and subject to paragraph (b), nursing facilities located in areas designated as metropolitan areas by the federal Office of Management and Budget using census bureau data shall be considered metro, in order to:

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(1) determine rate increases under this section, section 256B.434, or any other section; and

(2) establish nursing facility reimbursement rates for the new nursing facility reimbursement system developed under Laws 2002, chapter 220, article 14, section 35.

(b) Paragraph (a) applies only if designation as a metro facility results in a level of reimbursement that is higher than the level the facility would have received without application of that paragraph.

[EFFECTIVE DATE.] This section is effective July 1, 2003."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 340, A bill for an act relating to natural resources; modifying enforcement authority; amending Minnesota Statutes 2002, sections 84.029, subdivision 1; 84A.02; 84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8; 85.04.

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

The report was adopted.

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

H. F. No. 374, A bill for an act relating to child safety; prohibiting the sale and commercial use of certain cribs; providing enforcement; proposing coding for new law in Minnesota Statutes, chapter 325F.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [245A.146] [CRIB USE IN LICENSED CHILD CARE SETTINGS.]

Subdivision 1. [CONSUMER PRODUCT SAFETY WEB LINK.] The commissioner shall maintain a link from the licensing division Web site to the United States Consumer Product Safety Commission Web site that addresses crib safety information.

Subd. 2. [DOCUMENTATION REQUIREMENT FOR LICENSE HOLDERS.] (a) Effective January 1, 2004, all licensed child care providers must maintain the following documentation for every crib used by or that is accessible to any child in care:

(1) the crib's brand name; and

(2) the crib's model number.

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(b) Any crib for which the license holder does not have the documentation required under paragraph (a) must not be used by or be accessible to children in care.

Subd. 3. [LICENSE HOLDER CERTIFICATION OF CRIBS.] (a) Annually, from the date printed on the license, all license holders shall check all their cribs' brand names and model numbers against the United States Consumer Product Safety Commission Web site listing of unsafe cribs.

(b) The license holder shall maintain written documentation to be reviewed on site for each crib showing that the review required in paragraph (a) has been completed, and which of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product Safety Commission Web site;

(2) the crib was identified as unsafe on the United States Consumer Product Safety Commission Web site, but the license holder has taken the action directed by the United States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety Commission Web site, and the license holder has removed the crib so that it is no longer used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be maintained by the license holder on site and made available to parents of children in care and the commissioner.

Subd. 4. [CRIB SAFETY STANDARDS AND INSPECTION.] (a) On at least a monthly basis, the license holder shall perform safety inspections of every crib used by or that is accessible to any child in care, and must document the following:

(1) no corner posts extend more than 1/16 of an inch;

(2) no spaces between side slats exceed 2.375 inches;

(3) no mattress supports can be easily dislodged from any point of the crib;

(4) no cutout designs are present on end panels;

(5) no heights of the rail and end panel are less than 26 inches when measured from the top of the rail or panel in the highest position to the top of the mattress support in its lowest position;

(6) no heights of the rail and end panel are less than nine inches when measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position;

(7) no screws, bolts, or hardware are loose or not secured, and there is no use of woodscrews in components that are designed to be assembled and disassembled by the crib owner;

(8) no sharp edges, points, or rough surfaces are present;

(9) no wood surfaces are rough, splintered, split, or cracked;

(10) there are no tears in mesh of fabric sides in non-full-size cribs;

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(11) no mattress pads in non-full-size mesh or fabric cribs exceed one inch; and

(12) no gaps between the mattress and any sides of the crib are present.

(b) Upon discovery of any unsafe condition identified by the license holder during the safety inspection required under paragraph (a), the license holder shall immediately remove the crib so that it is no longer used by or accessible to children in care until necessary repairs are completed or the crib is destroyed.

(c) Documentation of the inspections and actions taken with unsafe cribs required in paragraphs (a) and (b) shall be maintained on site by the license holder and made available to parents of children in care and the commissioner.

Subd. 5. [COMMISSIONER INSPECTION.] During routine licensing inspections, and when investigating complaints regarding alleged violations of this section, the commissioner shall review the provider's documentation required under subdivisions 3 and 4.

Subd. 6. [FAILURE TO COMPLY.] The commissioner may issue a licensing action under section 245A.06 or 245A.07 if a license holder fails to comply with the requirements of this section.

Sec. 2. [325F.171] [CRIB SAFETY.]

Subdivision 1. [DEFINITIONS.] (a) "Commercial user" means any person who deals in cribs or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to cribs, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing cribs in the stream of commerce.

(b) "Infant" means any person less than 35 inches tall and less than three years of age.

(d) "Full-size crib" means a full-size crib as defined in the Code of Federal Regulations, title 16, section 1508.3, regarding the requirements for full-size cribs.

(e) "Non-full-size crib" means a non-full-size crib as defined in the Code of Federal Regulations, title 16, section 1509.2, regarding the requirements for non-full-size cribs.

(f) "Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away, or allow to use.

Subd. 2. [UNSAFE CRIBS PROHIBITED.] (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place any unsafe crib in the stream of commerce on or after January 1, 2004.

(b) On or after January 1, 2004, no person operating a hotel, motel, or lodging establishment shall provide any unsafe crib to any guest, either with or without charge, for use during the guest's stay. For the purposes of this paragraph, "hotel," "motel," and "lodging establishment" have the meanings given them in section 157.15.

(c) A crib is presumed to be unsafe for purposes of this section if it does not conform to the standards endorsed or established by the United States Consumer Product Safety Commission, including but not limited to the Code of Federal Regulations, title 16, and ASTM International, as follows:

(1) Code of Federal Regulations, title 16, part 1508, and any regulations adopted to amend or supplement the regulations;

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(2) Code of Federal Regulations, title 16, part 1509, and any regulations adopted to amend or supplement the regulations;

(3) Code of Federal Regulations, title 16, part 1303, and any regulations adopted to amend or supplement the regulations;

(4) the following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs:

(i) ASTM F 966 (corner post standard);

(ii) ASTM F 1169 (structural integrity of full-size baby cribs);

(iii) ASTM F 1822 (non-full-size cribs).

(d) Cribs that are unsafe include, but are not limited to, cribs that have any of the following dangerous features or characteristics:

(1) corner posts that extend more than 1/16 of an inch;

(2) spaces between side slats more than 2.375 inches;

(3) mattress support that can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a 25-pound upward force from underneath the crib;

(4) cutout designs on the end panels;

(5) rail height dimensions that do not conform to both of the following:

(i) the height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches;

(ii) the height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;

(6) any screws, bolts, or hardware that are loose and not secured;

(7) sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks;

(8) tears in mesh or fabric sides in a non-full-size crib;

(9) the mattress pad in a non-full-size mesh/fabric crib exceeds one inch.

(e) A crib is exempt from the provisions of this section if it is not intended for use by an infant; and at the time of selling, contracting to resell, leasing, subletting or otherwise placing the crib in the stream of commerce, the commercial user attaches a written notice to the crib declaring that it is not intended to be used for an infant and is unsafe for use by an infant. A commercial user who complies with this paragraph is not liable for use of the crib contrary to the notice provided.

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Subd. 3. [RETROFITS.] (a) An unsafe crib, as determined under subdivision 2, may be retrofitted if the retrofit has been approved by the United States Consumer Product Safety Commission. A retrofitted crib may be sold if it is accompanied at the time of sale by a notice stating that it is safe to use for a child under three years of age. The commercial user is responsible for ensuring that the notice is present with the retrofitted crib at the time of sale. The notice must include:

(1) a description of the original problem that made the crib unsafe;

(2) a description of the retrofit that explains how the original problem was eliminated and declares that the crib is now safe to use for a child under three years of age; and

(3) the name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the crib.

(b) A retrofit is exempt from this section if:

(1) the retrofit is for a crib that requires assembly by the consumer, the approved retrofit is provided with the product by the commercial user, and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or

(2) the seller of a previously unsold product accomplishes the retrofit prior to sale.

Subd. 4. [EXCEPTION.] A commercial user does not violate this section if the crib placed in the stream of commerce by the commercial user was not included on the consumer product safety commission's list on the day before this placement.

Subd. 5. [PENALTY.] A person who knowingly and willfully violates this section is guilty of a misdemeanor.

Subd. 6. [CUMULATIVE REMEDIES.] Remedies available under this section are in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective January 1, 2004. Section 2 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 5, delete "chapter" and insert "chapters 245A;"

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

The report was adopted.

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

H. F. No. 376, A bill for an act relating to health; modifying enrollee cost sharing provisions for health maintenance organizations; amending Minnesota Statutes 2002, section 62D.095, subdivision 2.

Reported the same back with the following amendments:

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 773

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 62D.095, subdivision 2, is amended to read:

Subd. 2. [CO-PAYMENTS.] (a) A health maintenance contract may impose a co-payment as authorized under Minnesota Rules, part 4685.0801, or under this section.

(b) A health maintenance contract may impose a flat fee co-payment on outpatient office visits and prescription drugs not to exceed 50 percent of the median provider's charges for similar services or goods received by enrollees as calculated under Minnesota Rules, part 4685.0801, subparts 3 and 4.

(c) If a health maintenance contract is permitted to impose a co-payment for preexisting health status under sections 62D.01 to 62D.30, these provisions may vary with respect to length of enrollment in the health plan.

Sec. 2. Minnesota Statutes 2002, section 62D.095, is amended by adding a subdivision to read:

Subd. 6. [PUBLIC PROGRAMS.] This section does not apply to the prepaid medical assistance program, the MinnesotaCare program, the prepaid general assistance program, the federal Medicare program, or the health plans provided through any of those programs."

Amend the title as follows:

Page 1, line 5, before the period, insert ", by adding a subdivision"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 391, A bill for an act relating to elections; providing for elections for school districts to convert from election of school board members by election district to election at large; amending Minnesota Statutes 2002, section 205A.12, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 392, A bill for an act relating to vehicle forfeiture; clarifying and modifying certain definitions, standards, and procedures for vehicle forfeitures associated with driving while impaired; amending Minnesota Statutes 2002, sections 169A.60, subdivisions 1, 14; 169A.63, subdivisions 1, 2, 6, 7, 8, 9, 10, 11.

Reported the same back with the following amendments:

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Page 3, line 36, delete the comma

Page 4, lines 1 and 2, delete the new language

Page 5, line 6, after the second "interest" insert "perfected according to section 168A.17, subdivision 2,"

Page 6, line 25, before the comma, insert "perfected according to section 168A.17, subdivision 2"

Page 14, line 6, after "its" insert "towing and"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 414, A bill for an act relating to natural resources; updating soil and water conservation district law; changing requirements for petitions and elections relating to soil and water conservation districts; allowing counties the option to authorize soil and water conservation district levies; adding soil and water conservation districts to the definition of special taxing district; clarifying removal provisions for soil and water conservation district supervisors; amending Minnesota Statutes 2002, sections 103A.206; 103C.005; 103C.101, subdivisions 6, 9, by adding a subdivision; 103C.201, subdivisions 1, 2, 5, 6, 7, 8; 103C.205; 103C.211; 103C.225, subdivisions 1, 3, 4, 8; 103C.305, subdivision 1; 103C.311, subdivisions 1, 2; 103C.315, subdivisions 1, 2, 4, 5; 103C.331, subdivisions 11, 12, 16, 19, by adding a subdivision; 103C.401, subdivisions 1, 2; 275.066; 351.14, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 103C; repealing Minnesota Statutes 2002, section 103C.301.

Reported the same back with the following amendments:

Pages 1 to 3, delete sections 1 and 2 and insert:

"Section 1. Minnesota Statutes 2002, section 103A.206, is amended to read:

103A.206 [SOIL AND WATER CONSERVATION POLICY.]

Improper land use practices have caused serious wind and water erosion of the land of this state, the runoff of polluting materials, increased costs to maintain agricultural productivity, increased energy costs and increased flood damage Maintaining and conserving the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land occupiers have the responsibility to implement practices ~~to correct these conditions and~~ that conserve the soil and water resources of the state. ~~It is~~ Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil ~~and~~, water, and the natural resources they support through the implementation of practices that ~~effectively reduce or~~:

(1) control or prevent erosion, sedimentation, siltation, and ~~agriculturally~~ related pollution in order to preserve natural resources,;

(2) ensure continued soil productivity,;

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(3) ~~control floods,~~ protect water quality;

(4) prevent impairment of dams and reservoirs,;

(5) ~~assist in maintaining the navigability of rivers and harbors,~~ reduce damages caused by floods;

(6) preserve wildlife,;

(7) protect the tax base,; and

(8) protect public lands and waters.

Sec. 2. Minnesota Statutes 2002, section 103C.005, is amended to read:

103C.005 [SOIL AND WATER CONSERVATION POLICY.]

(1) control or prevent erosion, sedimentation, siltation, and ~~agriculturally~~ related pollution in order to preserve natural resources,;

(2) ensure continued soil productivity,;

(3) ~~control floods,~~ protect water quality;

(4) prevent impairment of dams and reservoirs,;

(5) ~~assist in maintaining the navigability of rivers and harbors,~~ reduce damages caused by floods;

(6) preserve wildlife,;

(7) protect the tax base,; and

(8) protect public lands and waters."

Page 17, line 28, after "or" insert "annually"

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

The report was adopted.

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

H. F. No. 438, A bill for an act relating to landlords and tenants; providing for interest rates on security deposits; amending Minnesota Statutes 2002, section 504B.178, subdivision 2.

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.

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

H. F. No. 496, A bill for an act relating to health; modifying provisions relating to temporary licensure of nurses; use of titles; amending Minnesota Statutes 2002, sections 148.212; 148.281, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 148.212, is amended to read:

148.212 [TEMPORARY PERMIT.]

Subdivision 1. [ISSUANCE.] Upon receipt of the applicable licensure or reregistration fee and permit fee, and in accordance with rules of the board, the board may issue a nonrenewable temporary permit to practice professional or practical nursing to an applicant for licensure or reregistration who is not the subject of a pending investigation or disciplinary action, nor disqualified for any other reason, under the following circumstances:

(a) The applicant for licensure by examination under section 148.211, subdivision 1, has graduated from an approved nursing program within the 60 days preceding board receipt of an affidavit of graduation or transcript and has been authorized by the board to write the licensure examination for the first time in the United States. The permit holder must practice professional or practical nursing under the direct supervision of a registered nurse. The permit is valid from the date of issue until the date the board takes action on the application or for 60 days whichever occurs first.

(b) The applicant for licensure by endorsement under section 148.211, subdivision 2, is currently licensed to practice professional or practical nursing in another state, territory, or Canadian province. The permit is valid from submission of a proper request until the date of board action on the application.

(c) The applicant for licensure by endorsement under section 148.211, subdivision 2, or for reregistration under section 148.231, subdivision 5, is currently registered in a formal, structured refresher course or its equivalent for nurses that includes clinical practice.

(d) The applicant for licensure by examination under section 148.211, subdivision 1, has been issued a Commission on Graduates of Foreign Nursing Schools certificate, has completed all requirements for licensure except the examination, and has been authorized by the board to write the licensure examination for the first time in the United States. The permit holder must practice professional nursing under the direct supervision of a registered nurse. The permit is valid from the date of issue until the date the board takes action on the application or for 60 days, whichever occurs first.

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Subd. 2. [REVOCATION.] The board may revoke a temporary permit that has been issued to an applicant for licensure under section 148.211, subdivisions 1 and 2, if the applicant is the subject of an investigation or disciplinary action, or is disqualified for any other reason.

Subd. 3. [RELEASE OF INFORMATION.] Notwithstanding section 13.41, subdivision 2, the board may release information regarding action taken by the board pursuant to subdivisions 1 and 2.

Sec. 2. Minnesota Statutes 2002, section 148.235, is amended by adding a subdivision to read:

Subd. 10. [ADMINISTRATION OF MEDICATIONS BY UNLICENSED PERSONNEL IN NURSING FACILITIES.] Notwithstanding the provisions of Minnesota Rules, part 4658.1360, subpart 2, a graduate of a foreign nursing school who has successfully completed an approved competency evaluation under the provisions of section 144A.61 is eligible to administer medications in a nursing facility upon completion of a medication training program for unlicensed personnel offered through a postsecondary educational institution, which meets the requirements specified in Minnesota Rules, part 4658.1360, subpart 2, item B.

Sec. 3. Minnesota Statutes 2002, section 148.281, subdivision 1, is amended to read:

Subdivision 1. [VIOLATIONS DESCRIBED.] It shall be unlawful for any person, corporation, firm, or association, to:

(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid or abet therein;

(2) practice professional or practical nursing, practice as a public health nurse, or practice as a certified clinical nurse specialist, certified nurse-midwife, certified nurse practitioner, or certified registered nurse anesthetist under cover of any diploma, permit, license, registration certificate, advanced practice credential, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(3) practice professional or practical nursing unless the person has been issued a temporary permit under the provisions of section 148.212 or is duly licensed and currently registered to do so under the provisions of sections 148.171 to 148.285;

(4) use the professional title nurse unless duly licensed to practice professional or practical nursing under the provisions of sections 148.171 to 148.285, except as authorized by the board by rule;

(5) use any abbreviation or other designation tending to imply licensure as a registered nurse or licensed practical nurse unless duly licensed and currently registered so to practice professional or practical nursing under the provisions of sections 148.171 to 148.285 except as authorized by the board by rule;

~~(5)~~ (6) use any title, abbreviation, or other designation tending to imply certification as a certified registered nurse as defined in section 148.171, subdivision 22, unless duly certified by a national nurse certification organization;

~~(6)~~ (7) use any abbreviation or other designation tending to imply registration as a public health nurse unless duly registered by the board;

~~(7)~~ (8) practice professional, advanced practice registered, or practical nursing in a manner prohibited by the board in any limitation of a license or registration issued under the provisions of sections 148.171 to 148.285;

~~(8)~~ (9) practice professional, advanced practice registered, or practical nursing during the time a license or current registration issued under the provisions of sections 148.171 to 148.285 shall be suspended or revoked;

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~~(9)~~ (10) conduct a nursing program for the education of persons to become registered nurses or licensed practical nurses unless the program has been approved by the board;

~~(10)~~ (11) knowingly employ persons in the practice of professional or practical nursing who have not been issued a current permit, license, or registration certificate to practice as a nurse in this state; and

~~(11)~~ (12) knowingly employ a person in advanced practice registered nursing unless the person meets the standards and practices of sections 148.171 to 148.285."

Delete the title and insert:

"A bill for an act relating to health; modifying provisions relating to temporary licensure of nurses; use of titles; amending Minnesota Statutes 2002, sections 148.212; 148.235, by adding a subdivision; 148.281, subdivision 1."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 501, A bill for an act relating to consumer protection; regulating travel clubs; prescribing penalties and remedies; amending Minnesota Statutes 2002, section 325G.51; proposing coding for new law in Minnesota Statutes, chapter 325G; repealing Minnesota Statutes 2002, section 325G.50.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2002, section 325G.50, is amended to read:

325G.50 [MEMBERSHIP TRAVEL CONTRACTS; CANCELLATION.]

Subdivision 1. [DEFINITIONS.] For purposes of ~~subdivision 2~~ this section and section 325G.505, the following terms have the meanings given them:

(a) "Membership travel contract" or "contract" means an agreement offered or sold in this state evidencing a buyer's right to make travel arrangements from or through a membership travel operator and includes a membership that provides for this use.

(b) "Membership travel operator" means a person offering or selling membership travel contracts paid for by a fee or periodic payments.

(c) "Travel arrangements" means travel reservations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation, or hotel or other lodging accommodations for members.

Subd. 2. [BUYER'S RIGHT TO CANCEL.] In addition to other rights the buyer may have, the buyer may cancel a membership travel contract until midnight of the ~~third~~ tenth business day after the day on which the contract was signed by the buyer.

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To be effective, a notice of cancellation must be given by the buyer in writing to the membership travel operator at the operator's address. This address must be included in the membership travel contract. The notice, if given by mail, is effective upon deposit in a mailbox, properly addressed to the operator and postage prepaid. The notice is sufficient if it shows, by any form of written expression, the buyer's intention not to be bound by the membership travel contract.

Cancellation is without liability on the part of the buyer and the buyer is entitled to a refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract. Rights of cancellation may not be waived or otherwise surrendered.

Subd. 3. [WRITTEN NOTICE TO MEMBERS.] A copy of the contract must be delivered to the buyer at the time the contract is signed. The contract must be in writing, must be signed by the buyer, must designate the date on which the buyer signed the contract, and must state, clearly and conspicuously, in boldface type of a minimum size of 14 points immediately adjacent to the buyer's signature, the following:

"MEMBERS' RIGHT TO CANCEL

If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the membership travel operator. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the ~~third~~ tenth business day after you sign this contract. The notice must be delivered or mailed to: (Insert name and mailing address of membership travel operator). If you cancel, the membership travel operator will return, within ten days of the date on which you give notice of cancellation, any payments you have made."

Subd. 3a. [ORAL NOTICE TO MEMBERS.] At the time the contract is signed by the buyer, the membership travel operator shall orally inform the buyer of the buyer's right to cancel the contract within ten business days of the contract signing.

Subd. 4. [CANCELLATION AT ANY TIME.] (a) A contract which does not contain the notice specified in subdivision 3 may be canceled by the buyer at any time by giving notice of cancellation by any means.

(b) If the oral notice required by subdivision 3a has not been given to the buyer at the time the contract was signed, the buyer may cancel the contract at any time by giving notice of cancellation by any means.

Sec. 2. [325G.505] [MEMBERSHIP TRAVEL CONTRACTS IN EXCESS OF $500.]

Subdivision 1. [SCOPE.] This section applies to a membership travel operator who offers or sells membership travel contracts when the cost of the membership travel contract to the consumer is $500 or more. This section does not apply to a membership travel club that offers travel benefits solely for motor vehicle use.

Subd. 2. [PUBLIC OFFERING STATEMENT.] A membership travel operator shall prepare and distribute to any prospective purchaser, before a membership travel contract is executed by the prospective purchaser, a public offering statement that clearly and prominently discloses the following:

(1) the name and principal address of the membership travel operator;

(2) the length of time that the membership travel operator has been in business and the length of time that the membership travel operator has been selling membership travel contracts substantially similar to the membership travel contracts offered to the prospective purchaser;

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(3) the percentage of purchasers during the previous two years who requested a refund or made a complaint, based on the information kept pursuant to subdivision 4;

(4) to the extent applicable to either the membership travel operator, or any parent or controlling entity of the membership travel operator, or any executive, partner, director, or owner of a 20 percent or more interest in the membership travel operator or in any parent or controlling entity of the membership travel operator, or any other membership travel operator in this or any other state which has an executive, partner, director, or owner of a 20 percent or more interest in common with the membership travel operator or in any parent or controlling entity of the membership travel operator, the existence and nature of the following types of legal actions:

(i) any indictment, conviction, judgment, decree, assurance of discontinuance or similar settlement document, or order of any court or administrative agency for, or pending lawsuit alleging, violation of a federal or state law or regulation in connection with activities relating to the rendition of travel services or involving any criminal law or involving any consumer fraud, false advertising, deceptive trade practices, or similar consumer protection law; or

(ii) any unsatisfied judgments or bankruptcy filing; and

(5) if the membership travel operator uses a third-party travel agent or membership travel operator to make travel arrangements provided for in the contract, the name, physical and Internet address, and telephone number of the third party or parties, and a statement of the services provided by the third party or parties that can be purchased directly from the third party or parties.

Subd. 3. [ORAL DISCLOSURES.] A membership travel operator shall orally disclose to any prospective purchaser, before a membership travel contract is executed by the prospective purchaser, the information in the public offering statement as required in subdivision 2.

Subd. 4. [COMPLAINT RECORD KEEPING.] A membership travel operator shall keep written records of all buyers of a membership travel contract who either exercised their right to cancel, requested a partial or full refund of the price paid for the contract, or made a written or oral complaint about their purchase of the the contract or any aspect of the membership travel contract or service.

Subd. 5. [FAILURE TO PROVIDE DISCLOSURES.] The right to cancel provided under section 325G.50 shall continue until ten business days after the disclosures required under this section are fully provided to the purchaser.

Sec. 3. Minnesota Statutes 2002, section 325G.51, is amended to read:

325G.51 [PENALTIES; REMEDIES.]

A person who violates section 325G.50 or 325G.505 is subject to the penalties and remedies provided in section 8.31."

Delete the title and insert:

"A bill for an act relating to consumer protection; regulating membership travel contracts; amending Minnesota Statutes 2002, sections 325G.50; 325G.51; proposing coding for new law in Minnesota Statutes, chapter 325G."

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

The report was adopted.

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Westrom from the Committee on Regulated Industries to which was referred:

H. F. No. 588, A bill for an act relating to local government; authorizing agreements between a township and a natural gas utility to provide natural gas services in the township; proposing coding for new law in Minnesota Statutes, chapter 216B.

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. 628, A bill for an act relating to civil actions; limiting liability for public notification of emergency; proposing coding for new law in Minnesota Statutes, chapter 604A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [604A.34] [PUBLIC NOTIFICATION OF EMERGENCY.]

(a) A person who notifies the public of an emergency via a medium of mass communications including, without limitation, radio, television, cable television, or Internet, is not liable for civil damages resulting from acts or omissions by that person in making the notification, unless the person acts in bad faith or recklessly in providing the notification.

(b) For the purposes of this section, notifying the public of an emergency includes a notification made through the Emergency Alert System, a notification made through the Amber Alert System, or a notification requested by a government entity.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective August 1, 2003, and applies to causes of action accruing on or after that date."

Delete the title and insert:

"A bill for an act relating to civil actions; limiting liability for public notification of emergency; proposing coding for new law in Minnesota Statutes, chapter 604A."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 645, A bill for an act relating to technology business; providing for exemptions from Minnesota Electrical Act; amending Minnesota Statutes 2002, sections 326.01, subdivision 6m; 326.242, subdivisions 3d, 8, 12; 326.2421, subdivision 2; 326.244, subdivisions 1a, 5; repealing Minnesota Statutes 2002, sections 326.01, subdivision 6d; 326.2421, subdivisions 3, 4, 6, 8.

Reported the same back with the following amendments:

Page 6, line 24, after the first "company" insert "employees when installing cable communications systems"

Page 6, line 25, after "employees" insert "when installing telephone systems"

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

The report was adopted.

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

H. F. No. 646, A bill for an act relating to gambling; state lottery; providing for gaming machines; establishing horse racing purse payments; amending Minnesota Statutes 2002, sections 240.13, by adding a subdivision; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01, subdivision 10, by adding subdivisions; 349A.10, subdivision 3; 349A.13; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A.

Reported the same back with the following amendments:

Page 2, line 14, delete "an amount equal to one percent" and insert "the following amounts are annually appropriated:

(1) an amount equal to five percent of the adjusted gross revenue from the operation of gaming machines is annually appropriated to the commissioner of human services for:

(i) programs for the treatment of compulsive gamblers under section 245.98, subdivision 2; and

(ii) reimbursements to counties for their costs of screening offenders for compulsive gambling under section 609.115, subdivision 9, paragraph (c);

(2) an amount equal to two percent of the adjusted gross revenue from the operation of gaming machines is annually appropriated to the commissioner of corrections to defray the costs incurred by the department, or community corrections counties, of conducting presentence investigations and supervised release of offenders who score five or more on the South Oaks gambling screen;

(3) an amount equal to two percent of the adjusted gross revenue from the operation of gaming machines is annually appropriated to the district courts; and

(4) an amount equal to one percent of adjusted gross revenue from the operation of gaming machines is appropriated to the board of public defense."

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Page 2, delete lines 15 to 18

Page 7, after line 1, insert:

"Subd. 2. [OPERATION.] (a) All gaming machines that are placed at a racetrack pursuant to subdivision 1 must be operated and controlled by the director.

(b) Gaming machines must be owned or leased by the director.

(c) Gaming machines must be maintained by the lottery, or by a vendor that is under the control and direction of the director.

(d) The director must have a central communications system that monitors activities on each gaming machine. The central communications system must be located at a lottery office.

(e) The director must supervise the counting of money taken from gaming machines.

(f) The director must supervise the general security arrangements associated with and relating to the operation of the gaming machines, and implement procedures as deemed appropriate.

(g) Advertising and promotional material produced by the racetrack relating to gaming machines located at its facility must be approved by the director.

(h) The director may implement such other controls as are deemed necessary for the operation of gaming machines pursuant to this section."

Renumber the remaining subdivisions in sequence

Page 8, line 11, after the period, insert "By January 15 of each year, the director shall submit a report to the legislature, of not more than five pages in length, setting forth the performance objectives of the plan and the progress that was made toward those objectives during the prior calendar year."

Amend the title as follows:

Page 1, line 4, before "amending" insert "requiring a report;"

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

The report was adopted.

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

H. F. No. 647, A bill for an act relating to human services; providing an exception to the nursing home construction moratorium; modifying special provisions for moratorium exceptions; amending Minnesota Statutes 2002, sections 144A.071, by adding a subdivision; 256B.431, subdivision 17.

Reported the same back with the following amendments:

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Page 1, delete lines 10 to 23 and insert:

"Subd. 4c. [EXCEPTIONS FOR REPLACEMENT BEDS AFTER JUNE 30, 2003.] (a) The commissioner of health, in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions: to license and certify an 80-bed city-owned facility in Nicollet county to be constructed on the site of a new city-owned hospital to replace an existing 85-bed facility attached to a hospital that is also being replaced. The threshold allowed for this project under section 144A.073 shall be the maximum amount available to pay the additional medical assistance costs of the new facility.

(b) Projects approved under this subdivision shall be treated in a manner equivalent to projects approved under subdivision 4a.

(c) Of the amount appropriated in Laws 2001, First Special Session chapter 9, article 17, section 2, subdivision 9, paragraph (g), for nursing home moratorium exceptions under section 144A.073, the $94,562 allocated for a project in Nicollet county shall not cancel but shall be available to the commissioner of human services until expended for the additional medical assistance costs authorized in this section."

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

The report was adopted.

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

H. F. No. 668, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 145.

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

The report was adopted.

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

H. F. No. 682, A bill for an act relating to education; modifying school bus safety training, school district bus safety responsibilities, and type III vehicle standards; amending Minnesota Statutes 2002, sections 123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 169.28, subdivision 1; 169.4503, subdivision 4; 169.454, subdivision 6; 171.321, subdivision 5; repealing Minnesota Statutes 2002, sections 123B.90, subdivision 1; 169.441, subdivision 4.

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. 700, A bill for an act relating to civil actions; providing immunity for good faith reports to or requests for assistance from law enforcement; proposing coding for new law in Minnesota Statutes, chapter 604A.

Reported the same back with the following amendments:

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Page 1, line 14, after the period, insert "This section does not exempt individuals from their professional obligations of confidentiality."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 773, A bill for an act relating to public safety; requiring that employees and prospective employees of electronic security system companies, and certain license applicants undergo criminal history background checks; providing procedures for these background checks; authorizing the discharge of employees based on the results of the background checks and providing that there is no liability for so doing; providing for license endorsement disqualification or revocation in certain instances; imposing criminal penalties for failure to request required background checks; amending Minnesota Statutes 2002, sections 326.242, by adding a subdivision; 326.2421, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [299C.72] [ELECTRONIC SECURITY SYSTEM COMPANIES; CRIMINAL BACKGROUND CHECKS REQUIRED; CRIMINAL PENALTIES.]

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given.

(b) "Disqualifying crime" means any felony violation of a law of this state or any other state; a gross misdemeanor violation of section 609.2336; 609.52; 609.5631; 609.582; 609.652, subdivision 2; 609.66; 609.746; 609.749; or 609.891; or any similar laws of any other state; or a violation of subdivision 8.

(c) "Electronic security system" means an assembly of electronic equipment and devices that provides as its main purpose the protection of life or property, and the detection of threats or violations to the security of the protected premises, including, but not limited to, solely or in combination, the following systems functions: burglary detection, access control, or closed circuit television.

(d) "Electronic security system company" means an individual, corporation, partnership, association, organization, or other entity that provides one or more of the following services relating to electronic security systems: sales, installation, repair, modification, monitoring, or alarm investigation.

(e) "Electronic security system company hiring authority" means the company's owner, manager, or other individual having responsibility for personnel decisions.

(f) "Employee" means an individual employed by, or acting as an independent contractor for, an electronic security system company who has direct or indirect access to electronic security systems.

Subd. 2. [BUREAU OF CRIMINAL APPREHENSION; BACKGROUND CHECK; REPORT.] (a) Upon receipt of a request under subdivision 3 or 4, the superintendent of the bureau of criminal apprehension shall conduct the background check to determine whether an individual subject to subdivision 3 or 4 has been convicted of a

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disqualifying crime and has not been pardoned for the offense. The superintendent shall conduct the background check by retrieving criminal history data maintained in the criminal justice information system. The superintendent shall forward the results to the hiring authority or the board of electricity.

(b) If the subject of the check has resided in Minnesota for fewer than five years or upon request of the hiring authority, the superintendent shall also conduct a search of the national criminal records repository. The superintendent is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the background check. Based on the results of the national check, the superintendent shall reply in writing to (1) the hiring authority, indicating that the individual is or is not eligible for employment, or (2) the board of electricity, indicating that the individual or business entity is eligible for license endorsement.

(c) An individual who is subject to a background check is eligible for employment or a license endorsement if the individual has not been convicted of a disqualifying crime or has been pardoned for the offense.

Subd. 3. [BOARD OF ELECTRICITY LICENSURE AND ENDORSEMENT; BACKGROUND CHECK; FEE.] (a) An individual who seeks an electronic security system endorsement to a license issued under section 326.242 or 326.2421 must agree to undergo a background check under this section. If an endorsement is sought by a partnership, corporation, limited liability partnership, or limited liability company, all officers, partners, or members of the business entity who have direct or indirect access to electronic security systems must undergo a background check under this section. Each individual must request the superintendent of the bureau of criminal apprehension to perform a background check under this section and to notify the board of electricity in writing as provided by subdivision 2. The superintendent shall charge each individual for the cost of a background check performed under this subdivision.

(b) Upon receipt of a written report from the superintendent of the bureau of criminal apprehension under subdivision 2, the board shall:

(1) issue the endorsement if the report indicates the individual is eligible pursuant to subdivision 2; or

(2) deny or revoke an endorsement if the report indicates the individual is not eligible pursuant to subdivision 2.

(c) The board shall revoke a license issued under section 326.242 or 326.2421 if a licensee provides installation, repair, modification, monitoring, or alarm investigation services relating to electronic security systems after being denied an endorsement or having an endorsement revoked pursuant to this subdivision.

(d) The licensee may challenge the accuracy and completeness of the notification from the superintendent of the bureau of criminal apprehension under section 13.04, subdivision 4.

Subd. 4. [EMPLOYEE BACKGROUND CHECK REQUIRED.] (a) An electronic security system company hiring authority shall request a criminal history background check from the superintendent of the bureau of criminal apprehension on all individuals who are offered a position as an employee.

(b) An electronic security system company hiring authority shall request a criminal history background check complying with paragraph (a) on all current employees at least once every two years.

(1) provide a copy of the report received under subdivision 2 to the subject of the report;

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(2) retain a copy of the report in the personnel record of each employee who is the subject of a report throughout the time the employee remains employed with the electronic security system company; and

(3) give an employee a copy of the report when the employee's employment with the electronic security system company ends.

(d) The superintendent shall charge the electronic security system company hiring authority for the costs of applicant and employee background checks conducted under this subdivision. The hiring authority may require the subject of the background check to reimburse the hiring authority for these costs.

Subd. 5. [EXCEPTION; CERTAIN RECENT BACKGROUND CHECKS.] An electronic security system company hiring authority may use the results of a criminal history background check conducted at the request of another electronic security system company hiring authority to satisfy the requirements of subdivision 2, if:

(1) the background check complies with subdivision 2;

(2) the results of the background check are on file with the other hiring authority or otherwise accessible;

(3) the other hiring authority conducted the background check within the previous two years;

(4) the individual who is the subject of the background check provides a copy of a report under subdivision 2 or executes a written consent form giving the hiring authority access to the results of the check; and

(5) the electronic security system company hiring authority has no reason to believe that the individual was convicted of a disqualifying crime after the date of the background check.

Subd. 6. [CONDITIONAL HIRING; DISCHARGE.] An electronic security system company hiring authority may hire an individual pending completion of a background check under this section but shall notify the individual that the individual's employment must be terminated pursuant to this section if the background check indicates the individual has been convicted of a disqualifying crime. A hiring authority is not liable under any law, contract, or agreement, including liability for unemployment compensation claims, for failing to hire or for terminating an individual's employment under this subdivision.

Subd. 7. [CURRENT EMPLOYEES; DISCHARGE.] An electronic security system company hiring authority may discharge an employee if the superintendent of the bureau of criminal apprehension provides written notice that the individual is not eligible for employment under this section. The hiring authority is not liable under any law, contract, or agreement, including liability for unemployment compensation claims, for discharging an employee under this subdivision.

Subd. 8. [MISDEMEANOR PENALTY.] It is a misdemeanor for:

(1) an electronic security system company hiring authority to fail to request applicant and employee background checks as required by this section; or

(2) a license applicant described in section 326.242, subdivision 13, or 326.2421, subdivision 10, to fail to apply for an endorsement as required by the applicable provision.

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Sec. 2. Minnesota Statutes 2002, section 326.242, is amended by adding a subdivision to read:

Subd. 13. [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] (a) A person seeking a license issued under this section who has direct or indirect access to electronic security systems as defined in section 299C.72 for the purpose of providing installation, repair, modification, monitoring, or alarm investigation services must obtain an electronic security system endorsement on the license. Upon receipt of a written report from the superintendent of the bureau of criminal apprehension under section 299C.72, subdivision 2, the board shall:

(1) issue the endorsement if the report indicates the individual is eligible pursuant to section 299C.72, subdivision 2; or

(2) deny or revoke an endorsement if the report indicates the individual is not eligible pursuant to section 299C.72, subdivision 2.

(b) The board shall revoke a license issued under this section if a licensee provides installation, repair, modification, monitoring, or alarm investigation services relating to electronic security systems after being denied an endorsement or having an endorsement revoked pursuant to this subdivision.

(c) The licensee may challenge the accuracy and completeness of the notification provided by the superintendent of the bureau of criminal apprehension under section 13.04, subdivision 4.

Sec. 3. Minnesota Statutes 2002, section 326.2421, is amended by adding a subdivision to read:

Subd. 10. [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] (a) A person seeking a license issued under this section who has direct or indirect access to electronic security systems as defined in section 299C.72 for the purpose of providing installation, repair, modification, monitoring, or alarm investigation services must obtain an electronic security system endorsement on the license.

(b) Upon receipt of a written report from the superintendent of the bureau of criminal apprehension under section 299C.72, subdivision 2, the board shall:

(1) issue the endorsement if the report indicates the individual is eligible pursuant to section 299C.72, subdivision 2; or

(2) deny or revoke an endorsement if the report indicates the individual is not eligible pursuant to section 299C.72, subdivision 2.

(c) The board shall revoke a license issued under this section if a licensee provides installation, repair, modification, monitoring, or alarm investigation services relating to electronic security systems after being denied an endorsement or having an endorsement revoked pursuant to this subdivision.

(d) The licensee may challenge the accuracy and completeness of the notification provided by the superintendent of the bureau of criminal apprehension under section 13.04, subdivision 4.

Sec. 4. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective July 1, 2003, and applies as follows:

(a) A background check must be conducted on applicants for a license endorsement as described in section 1, subdivision 2, on or after July 1, 2003, and on all persons offered employment by an electronic security system company on or after that date.

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(b) An initial background check must be performed not later than September 1, 2003, on current employees hired by an electronic security system company before July 1, 2003, and not later than July 1, 2004, on persons licensed before July 1, 2003, under Minnesota Statutes, section 326.242 or 326.2421.

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.

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

H. F. No. 775, A bill for an act relating to energy; modifying provisions relating to radioactive waste management and renewable energy; amending Minnesota Statutes 2002, sections 116C.71, subdivision 7; 116C.779; 216B.1645, subdivision 2; 216B.2424, subdivisions 6, 8, by adding a subdivision; 216C.052, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 116C; 216B; repealing Minnesota Statutes 2002, section 216B.2411.

Reported the same back with the following amendments:

Page 3, line 21, after "authorization" insert "without additional administrative review"

Page 3, line 28, delete "paragraph (a)" and insert "subdivision 2"

Page 3, line 30, after "state" insert "beyond the capacity authorized in paragraph (a) and the facility and capacity authorized in Laws 1994, chapter 641,"

Page 4, line 17, before "The" insert "(a)"

Page 4, after line 26, insert:

"(b) An environmental impact statement is required under chapter 116D for a proposal to construct and operate a new or expanded independent spent fuel storage installation. The environmental quality board shall be the responsible governmental unit for the environmental impact statement. Prior to finding the statement adequate, the board must find that the applicant has demonstrated that the facility is designed to provide a reasonable expectation that the operation of the facility will not result in groundwater contamination in excess of the standards established in section 116C.76, subdivision 1, clauses (1) to (3)."

Page 5, line 14, delete "RENEWABLE" and insert "SUSTAINABLE"

Page 5, line 21, delete "Renewable" and insert "Sustainable"

Page 6, lines 10 and 12, delete "renewable" and insert "sustainable"

Page 6, line 18, delete "RENEWABLE" and insert "SUSTAINABLE"

Page 7, lines 7, 14, and 17, delete "renewable" and insert "sustainable"

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Page 7, line 11, delete "RENEWABLE" and insert "SUSTAINABLE" and before "An" insert "(a)"

Page 7, line 13, delete "to be spent" and insert "that utility is required to spend"

Page 7, line 20, after the period, insert:

"(b)"

Page 7, line 22, delete "goals" and insert "objectives" and after the period, insert "For a generation facility that utilizes a sustainable energy source based on the combustion of fuel, electricity produced by the facility may only count toward an electric utility's renewable energy objectives if the facility:

(1) was constructed in compliance with new source performance standards promulgated under the federal Clean Air Act for a generation facility of that type; or

(2) employs the maximum achievable or best available control technology available for a generation facility of that type identified by the federal Environmental Protection Agency pursuant to the federal Clean Air Act.

(c) A sustainable energy source listed in subdivision 1 may be blended or co-fired with other fuels in the generation facility, but only the percentage of electricity that is attributable to the sustainable energy source can be counted towards an electric utility's renewable energy objectives. This percentage shall be calculated as the thermal content of the sustainable energy source as a percentage of the overall thermal content of the blended fuel used to generate electricity."

Page 8, after line 26, insert:

"Sec. 6. Minnesota Statutes 2002, section 216B.2424, subdivision 5, is amended to read:

Subd. 5. [MANDATE.] (a) A public utility, as defined in section 216B.02, subdivision 4, that operates a nuclear-powered electric generating plant within this state must construct and operate, purchase, or contract to construct and operate (1) by December 31, 1998, 50 megawatts of electric energy installed capacity generated by farm-grown closed-loop biomass scheduled to be operational by December 31, 2001; and (2) by December 31, 1998, an additional 75 megawatts of installed capacity so generated scheduled to be operational by December 31, 2002.

(b) Of the 125 megawatts of biomass electricity installed capacity required under this subdivision, no more than 50 megawatts of this capacity may be provided by a facility that uses poultry litter as its primary fuel source and any such facility:

(1) need not use biomass that complies with the definition in subdivision 1;

(2) must enter into a contract with the public utility for such capacity, that has an average purchase price per megawatt hour over the life of the contract that is equal to or less than the average purchase price per megawatt hour over the life of the contract in contracts approved by the public utilities commission before April 1, 2000, to satisfy the mandate of this section, and file that contract with the public utilities commission prior to September 1, 2000; and

(3) must schedule such capacity to be operational by December 31, 2002.

(c) Of the total 125 megawatts of biomass electric energy installed capacity required under this section, no more than 75 megawatts may be provided by a single project.

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(d) Of the 75 megawatts of biomass electric energy installed capacity required under paragraph (a), clause (2), no more than 25 35 megawatts of this capacity may be provided by a St. Paul district heating and cooling system cogeneration facility utilizing waste wood as a primary fuel source. The St. Paul district heating and cooling system cogeneration facility need not use biomass that complies with the definition in subdivision 1.

(e) The public utility must accept and consider on an equal basis with other biomass proposals:

(1) a proposal to satisfy the requirements of this section that includes a project that exceeds the megawatt capacity requirements of either paragraph (a), clause (1) or (2), and that proposes to sell the excess capacity to the public utility or to other purchasers; and

(2) a proposal for a new facility to satisfy more than ten but not more than 20 megawatts of the electrical generation requirements by a small business-sponsored independent power producer facility to be located within the northern quarter of the state, which means the area located north of Constitutional Route No. 8 as described in section 161.114, subdivision 2, and that utilizes biomass residue wood, sawdust, bark, chipped wood, or brush to generate electricity. A facility described in this clause is not required to utilize biomass complying with the definition in subdivision 1, but must have the capacity required by this clause operational by December 31, 2002.

(f) If a public utility files a contract with the commission for electric energy installed capacity that uses poultry litter as its primary fuel source, the commission must do a preliminary review of the contract to determine if it meets the purchase price criteria provided in paragraph (b), clause (2), of this subdivision. The commission shall perform its review and advise the parties of its determination within 30 days of filing of such a contract by a public utility. A public utility may submit by September 1, 2000, a revised contract to address the commission's preliminary determination.

(g) The commission shall finally approve, modify, or disapprove no later than July 1, 2001, all contracts submitted by a public utility as of September 1, 2000, to meet the mandate set forth in this subdivision.

(h) If a public utility subject to this section exercises an option to increase the generating capacity of a project in a contract approved by the commission prior to April 25, 2000, to satisfy the mandate in this subdivision, the public utility must notify the commission by September 1, 2000, that it has exercised the option and include in the notice the amount of additional megawatts to be generated under the option exercised. Any review by the commission of the project after exercise of such an option shall be based on the same criteria used to review the existing contract.

(i) A facility specified in this subdivision qualifies for exemption from property taxation under section 272.02, subdivision 43."

Page 12, line 5, after the second comma, insert "regulatory structures and procedures,"

Page 12, line 25, delete "10" and insert "5 and 7 to 11"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, after "subdivisions" insert "5,"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 792

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

H. F. No. 785, A bill for an act relating to metropolitan government; eliminating certain reporting requirements; abolishing the metropolitan parks and open space commission; providing for the direct charging by the metropolitan council of industrial dischargers for certain wastewater treatment user fees; removing an obsolete requirement for metropolitan school districts to submit capital improvement plans to the metropolitan council for review; making conforming changes; amending Minnesota Statutes 2002, sections 352.01, subdivision 2a; 473.121, subdivision 5a; 473.13, subdivision 1; 473.143, subdivision 1; 473.147; 473.313, subdivision 2; 473.315, subdivision 1; 473.333; 473.351, subdivision 3; 473.517, by adding a subdivision; repealing Minnesota Statutes 2002, sections 473.121, subdivision 12; 473.1623; 473.301, subdivision 4; 473.303; 473.704, subdivision 19; 473.863.

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

The report was adopted.

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

H. F. No. 852, A bill for an act relating to commerce; regulating motor vehicle retail installment sales; amending Minnesota Statutes 2002, sections 168.66, subdivision 14; 168.71, subdivision 2; 168.75.

Reported the same back with the following amendments:

Page 2, delete line 19

Page 2, line 20, delete everything before the semicolon

Page 3, line 33, delete everything after the period

Page 3, delete lines 34 to 36

Page 4, delete line 1

Page 4, line 2, delete everything before "If"

Page 4, line 3, after "refund" insert "or reduce the retail buyer's obligation by the amount"

Page 6, line 30, delete "3" and insert "4"

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

The report was adopted.

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

H. F. No. 881, A bill for an act relating to education; directing the Minnesota state high school league to adopt a policy on corporate sponsorships; repealing league provisions that prohibit certain commercial relations, subject the league to budget instructions from the finance commissioner, permit the state board of investment to invest

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 793

nonretirement funds of the league and direct the commissioner of children, families, and learning to annually review league information; amending Minnesota Statutes 2002, section 128C.02, subdivision 1; repealing Minnesota Statutes 2002, sections 128C.01, subdivision 5; 128C.02, subdivision 8; 128C.13.

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

The report was adopted.

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

H. F. No. 904, A bill for an act relating to state government; making changes to public assistance programs, health care programs, continuing care for persons with disabilities, and children's services; establishing the Community Services Act; changing estate recovery provisions for medical assistance; modifying local public health grants; appropriating money; amending Minnesota Statutes 2002, sections 16A.724; 62J.692, subdivision 4, by adding a subdivision; 62Q.19, subdivision 1; 69.021, subdivision 11; 144.1222, by adding a subdivision; 144.125; 144.128; 144.1483; 144.1488, subdivision 4; 144.1491, subdivision 1; 144.1502, subdivision 4; 144.551, subdivision 1; 144A.4605, subdivision 4; 144E.11, subdivision 6; 145.88; 145.881, subdivision 2; 145.882, subdivisions 1, 2, 3, 7, by adding a subdivision; 145.883, subdivisions 1, 9; 145A.02, subdivisions 5, 6, 7; 145A.06, subdivision 1; 145A.09, subdivisions 2, 4, 7; 145A.10, subdivisions 2, 10, by adding a subdivision; 145A.11, subdivisions 2, 4; 145A.12, subdivisions 1, 2, by adding a subdivision; 145A.13, by adding a subdivision; 145A.14, subdivision 2; 147A.08; 148.5194, subdivisions 1, 2, 3, by adding a subdivision; 148.6445, subdivision 7; 153A.17; 245.4874; 245A.10; 245B.06, subdivision 8; 246.54; 252.27, subdivision 2a; 252.46, subdivision 1; 256.01, subdivision 2; 256.476, subdivisions 1, 3, 4, 5, 11; 256.935, subdivision 1; 256.955, subdivision 2a; 256.9657, subdivision 1; 256.969, subdivisions 2b, 3a; 256.9754, subdivisions 2, 3, 4, 5; 256.984, subdivision 1; 256B.055, by adding a subdivision; 256B.056, subdivisions 1a, 1c; 256B.057, subdivisions 1, 1b, 2, 3b, 9; 256B.0595, subdivisions 1, 2; 256B.06, subdivision 4; 256B.061; 256B.0625, subdivisions 13, 20, 23, by adding subdivisions; 256B.0635, subdivisions 1, 2; 256B.0913, subdivisions 2, 4, 5, 6, 7, 8, 10, 12; 256B.0915, subdivision 3; 256B.0945, subdivisions 2, 4; 256B.15, subdivisions 1, 1a, 2, 3, 4, by adding subdivisions; 256B.19, subdivisions 1, 1d; 256B.195, subdivision 4; 256B.32, subdivision 1; 256B.431, subdivisions 2r, 23, 32, 36, by adding subdivisions; 256B.434, subdivision 4; 256B.48, subdivision 1; 256B.501, subdivision 1, by adding a subdivision; 256B.5012, by adding a subdivision; 256B.5015; 256B.69, subdivisions 2, 4, 5c, by adding a subdivision; 256B.75; 256B.76; 256D.03, subdivisions 3, 4; 256D.06, subdivision 2; 256D.46, subdivisions 1, 3; 256D.48, subdivision 1; 256E.081, subdivision 3; 256F.10, subdivision 6; 256G.05, subdivision 2; 256I.02; 256I.04, subdivision 3; 256I.05, subdivisions 1, 1a, 7c; 256J.01, subdivision 5; 256J.02, subdivision 2; 256J.08, subdivisions 35, 65, 82, 85, by adding subdivisions; 256J.09, subdivisions 2, 3, 3a, 3b, 8, 10; 256J.14; 256J.20, subdivision 3; 256J.21, subdivision 2; 256J.24, subdivisions 3, 5, 6, 7, 10; 256J.30, subdivision 9; 256J.32, subdivisions 2, 4, 5a, by adding a subdivision; 256J.37, subdivision 9, by adding subdivisions; 256J.38, subdivisions 3, 4; 256J.42, subdivisions 4, 5, 6; 256J.425, subdivisions 1, 1a, 2, 3, 4, 6, 7; 256J.45, subdivision 2; 256J.46, subdivisions 1, 2, 2a; 256J.49, subdivisions 4, 5, 9, 13, by adding subdivisions; 256J.50, subdivisions 1, 8, 9, 10; 256J.51, subdivisions 1, 2, 3, 4; 256J.53, subdivisions 1, 2, 5; 256J.54, subdivisions 1, 2, 3, 5; 256J.55, subdivisions 1, 2; 256J.56; 256J.57; 256J.62, subdivision 9; 256J.645, subdivision 3; 256J.66, subdivision 2; 256J.67, subdivisions 1, 3; 256J.69, subdivision 2; 256J.75, subdivision 3; 256J.751, subdivisions 1, 2, 5; 256L.02, by adding a subdivision; 256L.03, subdivision 5; 256L.04, subdivision 1; 256L.05, subdivisions 3, 3a, 3c, 4; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3; 256L.09, subdivision 4; 256L.15, subdivisions 1, 2, 3; 259.67, subdivision 4; 260B.157, subdivision 1; 260B.176, subdivision 2; 260B.178, subdivision 1; 260B.193, subdivision 2; 260B.235, subdivision 6; 261.063; 295.55, subdivision 2; 295.58; 326.42; 393.07, subdivision 10; 514.981, subdivision 6; 518.551, subdivision 7; 518.6111, subdivisions 2, 3, 4, 16; 524.3-805; Laws 1997, chapter 203, article 9, section 21, as amended; proposing coding for new law in Minnesota Statutes, chapters 144; 145; 145A; 148C; 256B; 256D; 256I; 256J; 514; proposing coding for new law as Minnesota Statutes, chapter 256M; repealing Minnesota Statutes 2002, sections 62J.694, subdivisions 1,

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 794

2, 2a, 3; 144.126; 144.1484; 144.1494; 144.1495; 144.1496; 144.1497; 144.395, subdivisions 1, 2; 144.396; 144.401; 144.9507, subdivision 3; 144A.36; 144A.38; 145.56, subdivision 2; 145.882, subdivisions 4, 5, 6, 8; 145.883, subdivisions 4, 7; 145.884; 145.885; 145.886; 145.888; 145.889; 145.890; 145.9266, subdivisions 2, 4, 5, 6, 7; 145.928, subdivision 9; 145A.02, subdivisions 9, 10, 11, 12, 13, 14; 145A.10, subdivisions 5, 6, 8; 145A.11, subdivision 3; 145A.12, subdivisions 3, 4, 5; 145A.14, subdivisions 3, 4; 145A.17, subdivision 2; 148.5194, subdivision 3a; 148.6445, subdivision 9; 245.4712, subdivision 2; 245.4886; 245.496; 254A.17; 256.955, subdivision 8; 256.973; 256.9752; 256.9753; 256.976; 256.977; 256.9772; 256B.055, subdivision 10a; 256B.057, subdivision 1b; 256B.0625, subdivisions 5a, 35, 36; 256B.0917; 256B.0928; 256B.0945, subdivisions 6, 7, 8, 9, 10; 256B.095; 256B.0951; 256B.0952; 256B.0953; 256B.0954; 256B.0955; 256B.195, subdivision 5; 256B.437, subdivision 2; 256B.5013, subdivision 4; 256E.01; 256E.02; 256E.03; 256E.04; 256E.05; 256E.06; 256E.07; 256E.08; 256E.081; 256E.09; 256E.10; 256E.11; 256E.115; 256E.12; 256E.13; 256E.14; 256E.15; 256F.01; 256F.02; 256F.03; 256F.04; 256F.05; 256F.06; 256F.07; 256F.08; 256F.10, subdivision 7; 256F.11; 256F.12; 256F.14; 256J.02, subdivision 3; 256J.08, subdivisions 28, 70; 256J.24, subdivision 8; 256J.30, subdivision 10; 256J.462; 256J.47; 256J.48; 256J.49, subdivisions 1a, 2, 6, 7; 256J.50, subdivisions 2, 3, 3a, 5, 7; 256J.52, subdivisions 1, 2, 3, 4, 5, 5a, 6, 7, 8, 9; 256J.55, subdivision 5; 256J.62, subdivisions 1, 2a, 3a, 4, 6, 7, 8; 256J.625; 256J.655; 256J.74, subdivision 3; 256J.751, subdivisions 3, 4; 256J.76; 256K.30; 256L.02, subdivision 3; 256L.04, subdivision 9; 257.075; 257.81; 260.152; 626.562; Laws 1988, chapter 689, article 2, section 251; Laws 2000, chapter 488, article 10, section 29; Laws 2001, First Special Session chapter 9, article 13, section 24; Minnesota Rules, parts 4736.0010; 4736.0020; 4736.0030; 4736.0040; 4736.0050; 4736.0060; 4736.0070; 4736.0080; 4736.0090; 4736.0120; 4736.0130; 4763.0100; 4763.0110; 4763.0125; 4763.0135; 4763.0140; 4763.0150; 4763.0160; 4763.0170; 4763.0180; 4763.0190; 4763.0205; 4763.0215; 4763.0220; 4763.0230; 4763.0240; 4763.0250; 4763.0260; 4763.0270; 4763.0285; 4763.0295; 4763.0300; 9505.0324; 9505.0326; 9505.0327; 9545.2000; 9545.2010; 9545.2020; 9545.2030; 9545.2040; 9550.0010; 9550.0020; 9550.0030; 9550.0040; 9550.0050; 9550.0060; 9550.0070; 9550.0080; 9550.0090; 9550.0091; 9550.0092; 9550.0093.

Reported the same back with the following amendments:

Page 5, after line 17, insert:

"Sec. 4. Minnesota Statutes 2002, section 256D.44, subdivision 5, is amended to read:

Subd. 5. [SPECIAL NEEDS.] In addition to the state standards of assistance established in subdivisions 1 to 4, payments are allowed for the following special needs of recipients of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed diets ~~payable under the Minnesota family investment program~~ if the cost of those additional dietary needs cannot be met through some other maintenance benefit. The need for special diets or dietary items must be prescribed by a licensed physician. Costs for special diets shall be determined as percentages of the allotment for a one-person household under the thrifty food plan as defined by the United States Department of Agriculture. The types of diets and the percentages of the thrifty food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125 percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 795

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home repairs or necessary repairs or replacement of household furniture and appliances using the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated by the county or approved by the court. This rate shall not exceed five percent of the assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and who eats two or more meals in a restaurant daily. The allowance must continue until the person has not received Minnesota supplemental aid for one full calendar month or until the person's living arrangement changes and the person no longer meets the criteria for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is allowed for representative payee services provided by an agency that meets the requirements under SSI regulations to charge a fee for representative payee services. This special need is available to all recipients of Minnesota supplemental aid regardless of their living arrangement.

(f) Notwithstanding the language in this subdivision, an amount equal to the maximum allotment authorized by the federal Food Stamp Program for a single individual which is in effect on the first day of January of the previous year will be added to the standards of assistance established in subdivisions 1 to 4 for individuals under the age of 65 who are relocating from an institution and who are shelter needy. An eligible individual who receives this benefit prior to age 65 may continue to receive the benefit after the age of 65.

"Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed 40 percent of the assistance unit's gross income before the application of this special needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision 3, whichever is greater. A recipient of a federal or state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be considered shelter needy for purposes of this paragraph."

Page 8, after line 15, insert:

"Sec. 10. Minnesota Statutes 2002, section 256J.021, is amended to read:

256J.021 [SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.]

Beginning October 1, 2001, and each year thereafter, the commissioner of human services must treat ~~financial assistance~~ MFIP expenditures made to or on behalf of any minor child under section 256J.02, subdivision 2,

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 796

clause (1), who is a resident of this state under section 256J.12, and who is part of a two-parent eligible household as expenditures under a separately funded state program and report those expenditures to the federal Department of Health and Human Services as separate state program expenditures under Code of Federal Regulations, title 45, section 263.5."

Page 9, line 28, after "who" insert "meet the criteria in section 256J.545 and"

Page 28, line 32, delete "for reapplications after March 1, 2005,"

Page 53, line 35, strike "25" and insert "30"

Page 54, line 2, after "(c)" insert ", clause (2)," and delete everything after "(d)"

Page 54, delete line 3

Page 54, line 4, delete everything before the period

Page 54, line 16, after "(c)" insert ", clause (2),"

Page 85, line 16, after "or" insert "15 percent of a"

Page 85, line 30, delete "submit to the" and insert "have in place"

Page 85, line 31, delete "commissioner a" and insert "an approved"

Page 85, line 32, delete "submit" and insert "collaborate to develop"

Page 98, line 27, delete "employment and economic stability" and insert "employment, increase economic stability,"

Page 100, line 16, before "Except" insert "(a)"

Page 100, line 28, after "(3)" insert "a" and delete everything after "parent" and insert "without a high school diploma or its equivalent;"

Page 100, delete line 29

Page 100, line 30, delete "family units with" and delete "who is less than 20" and insert "18 or 19"

Page 100, line 31, delete "who has not completed" and insert "without a" and delete everything after "school" and insert "diploma or its equivalent"

Page 100, delete line 32 and insert "who chooses to have an employment plan with an education option"

Page 100, line 33, delete everything before the semicolon

Page 100, line 34, delete "family units with" and delete ". In a"

Page 100, line 35, delete everything before the semicolon

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Page 101, after line 4, insert:

"(b) A two-parent family must participate in DWP unless both parents meet the criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a parent who meets the criteria in paragraph (a), clause (6) or (7)."

Page 101, line 30, delete "amount of assistance" and insert "benefits"

Page 103, line 23, delete ", except for clause (20)"

Page 105, line 6, before the period, insert "except for benefits defined in section 256J.626, subdivision 2, clause (1)"

Page 105, line 14, delete "(e)" and insert "(d)"

Page 105, line 15, delete "for paragraphs (b) to (d)" and insert "as specified in paragraphs (b) and (c)"

Page 105, line 18, delete "The following DWP caregivers" and insert "A caregiver who is a member of a two‑parent family that is required to participate in DWP who would otherwise be ineligible for DWP under subdivision 3"

Page 105, line 19, before "employment" insert "an" and delete "plans" and insert "plan"

Page 105, line 21, delete everything after "hours" and insert a period

Page 105, delete lines 22 to 33

Page 105, line 34, delete "(d)" and insert "(c)"

Page 106, line 1, delete "(e)" and insert "(d)"

Page 106, line 8, delete "(f)" and insert "(e)" and delete "paragraph (e)" and insert "paragraph (d)"

Page 106, line 13, delete "(g)" and insert "(f)" and after "ten" insert "working"

Page 106, line 28, delete "still"

Page 107, line 31, delete "cash" and insert "benefits are"

Page 107, line 32, delete "assistance is"

Page 108, line 15, before "eligible" insert "financially"

Page 110, line 8, delete "due to client error"

Page 110, line 10, delete ", subdivisions 2 to 5"

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 798

Page 129, delete lines 12 to 20 and insert:

"Subd. 1c. [FAMILIES WITH CHILDREN INCOME METHODOLOGY.] (a)(1) For children ages one to five whose eligibility is determined under section 256B.057, subdivision 2, 21 percent of countable earned income shall be disregarded for up to four months. This clause expires July 1, 2003.

(2) For children ages one through 18 whose eligibility is determined under section 256B.057, subdivision 2, the following deductions shall be applied to income counted toward the child's eligibility as allowed under the state's AFDC plan in effect as of July 16, 1996: $90 work expense, dependent care, and child support paid under court order. This clause is effective October 1, 2003."

Page 129, after line 33, insert:

"[EFFECTIVE DATE.] The amendments to paragraphs (b) and (c) are effective July 1, 2003."

Pages 131 and 132, delete section 10

Page 147, lines 31 to 33, reinstate the stricken language

Page 156, line 1, delete "and"

Page 156, line 4, delete the period and insert "; and

(5) a deceased recipient's life estate and joint tenancy interests continued under this section shall be owned by the remaindermen or surviving joint tenants as their interests may appear on the date of the recipient's death. They shall not be merged into the remainder interest or the interests of the surviving joint tenants by reason of ownership. They shall be subject to the provisions of this section. Any conveyance, transfer, sale, assignment, or encumbrance by a remainderman, a surviving joint tenant, or their heirs, successors, and assigns shall be deemed to include all of their interest in the deceased recipient's life estate or joint tenancy interest continued under this section."

Page 159, line 34, delete "1h and 1i" and insert "1h, 1i, and 1j"

Page 161, lines 3, 31, and 32, after "1i" insert "or 1j"

Page 161, line 4, delete "subdivision" and insert "subdivisions" and after "1i" insert "and 1j"

Page 164, line 6, after "liquidation" insert "allocable to the decedent's interest"

Page 190, line 9, delete "(2)" and insert "(4)"

Page 191, line 8, delete "amendments to paragraphs (d), (g), and (k) are" and insert "amendment to paragraph (d) is"

Page 195, delete lines 16 to 18

Page 195, line 19, delete "3" and insert "2"

Page 196, line 3, delete "4" and insert "3"

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 799

Page 196, after line 29, insert:

"Sec. 47. Minnesota Statutes 2002, section 256L.03, subdivision 3, is amended to read:

Subd. 3. [INPATIENT HOSPITAL SERVICES.] (a) Covered health services shall include inpatient hospital services, including inpatient hospital mental health services and inpatient hospital and residential chemical dependency treatment, subject to those limitations necessary to coordinate the provision of these services with eligibility under the medical assistance spenddown. Prior to July 1, 1997, the inpatient hospital benefit for adult enrollees is subject to an annual benefit limit of $10,000. The inpatient hospital benefit for adult enrollees who qualify under section 256L.04, subdivision 7, or who qualify under section 256L.04, subdivisions 1 and 2, with family gross income that exceeds 175 percent of the federal poverty guidelines and who are not pregnant, is subject to an annual limit of $10,000. For services provided on or after October 1, 2004, the annual limit of $10,000 does not apply to adults who qualify under section 256L.04, subdivision 7, whose gross income is at or below 75 percent of the federal poverty guidelines.

(b) Admissions for inpatient hospital services paid for under section 256L.11, subdivision 3, must be certified as medically necessary in accordance with Minnesota Rules, parts 9505.0500 to 9505.0540, except as provided in clauses (1) and (2):

(1) all admissions must be certified, except those authorized under rules established under section 254A.03, subdivision 3, or approved under Medicare; and

(2) payment under section 256L.11, subdivision 3, shall be reduced by five percent for admissions for which certification is requested more than 30 days after the day of admission. The hospital may not seek payment from the enrollee for the amount of the payment reduction under this clause."

Page 197, line 30, after the period, insert "Effective for services provided on or after October 1, 2004, paragraph (a), clause (1), does not apply to single adults and households without children whose gross income is at or below 75 percent of the federal poverty guidelines."

Page 199, after line 24, insert:

"Sec. 50. Minnesota Statutes 2002, section 256L.05, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION AND INFORMATION AVAILABILITY.] Applications and other information must be made available to provider offices, local human services agencies, school districts, public and private elementary schools in which 25 percent or more of the students receive free or reduced price lunches, community health offices, and Women, Infants and Children (WIC) program sites. These sites may accept applications and forward the forms to the commissioner. Otherwise, applicants may apply directly to the commissioner. Beginning January 1, 2000, MinnesotaCare enrollment sites will be expanded to include local county human services agencies which choose to participate. Beginning October 1, 2004, all local county human service agencies must accept and process applications and renewals for single adults and households without children with income at or below 75 percent of the federal poverty guidelines who choose to have the county administer their case."

Page 200, line 25, delete "the day of" and insert "the first day of the month following approval."

Page 200, delete lines 26 and 27

Page 206, delete lines 3 to 6

Page 206, line 7, delete "(e)" and insert "(d)"

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 800

Page 206, line 8, after "for" insert "single adults and households without children and"

Page 208, line 12, delete "2003" and insert "2004"

Page 208, line 19, delete "clauses (1) and" and insert "clause"

Page 209, after line 4, insert:

"Sec. 60. Minnesota Statutes 2002, section 256L.12, subdivision 9, is amended to read:

Subd. 9. [RATE SETTING; PERFORMANCE WITHHOLDS.] (a) Rates will be prospective, per capita, where possible. The commissioner may allow health plans to arrange for inpatient hospital services on a risk or nonrisk basis. The commissioner shall consult with an independent actuary to determine appropriate rates.

(b) For services rendered on or after January 1, 2003, to December 31, 2003, the commissioner shall withhold .5 percent of managed care plan payments under this section pending completion of performance targets. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year if performance targets in the contract are achieved. A managed care plan may include as admitted assets under section 62D.044 any amount withheld under this paragraph that is reasonably expected to be returned.

(c) For services rendered on or after January 1, 2004, the commissioner shall withhold five percent of managed care plan payments under this section pending completion of performance targets. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if performance targets in the contract are achieved. A managed care plan may include as admitted assets under section 62D.044 any amount withheld under this paragraph that is reasonably expected to be returned.

Sec. 61. Minnesota Statutes 2002, section 256L.12, is amending by adding a subdivision to read:

Subd. 9a. [RATE SETTING; RATABLE REDUCTION.] For services rendered on or after October 1, 2003, the total payment made to managed care plans under the MinnesotaCare program is reduced one percent."

Page 234, line 23, after "than" insert "or equal to"

Page 246, line 25, delete "other"

Page 249, line 11, delete "hardship"

Page 249, line 13, delete "a hardship" and insert "an"

Page 251, line 31, delete "and"

Page 251, line 36, before the period, insert "; and (5) effective July 1, 2006, nursing facilities may charge private paying residents rates up to eight percent higher than the allowable payment rate in effect on June 30, 2003, plus an adjustment equal to any other rate increase provided in law, for the RUGs group currently assigned to the resident"

Page 253, line 5, delete "2006" and insert "2007"

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Page 261, after line 34, insert:

"Sec. 33. Minnesota Statutes 2002, section 256I.05, subdivision 2, is amended to read:

Subd. 2. [MONTHLY RATES; EXEMPTIONS.] The maximum group residential housing rate does not apply to a residence that on August 1, 1984, was licensed by the commissioner of health only as a boarding care home, certified by the commissioner of health as an intermediate care facility, and licensed by the commissioner of human services under Minnesota Rules, parts 9520.0500 to 9520.0690. Notwithstanding the provisions of subdivision 1c, the rate paid to a facility reimbursed under this subdivision shall be determined under section 256B.431, or under section 256B.434 if the facility is accepted by the commissioner for participation in the alternative payment demonstration project. Section 256B.431, subdivision 39, paragraph (a), shall not apply to the monthly rates determined according to the provisions of this subdivision."

Page 340, after line 30, insert:

"Sec. 19. Minnesota Statutes 2002, section 626.559, subdivision 5, is amended to read:

Subd. 5. [REVENUE.] The commissioner of human services shall add the following funds to the funds appropriated under section 626.5591, subdivision 2, to develop and support training:

(a) The commissioner of human services shall submit claims for federal reimbursement earned through the activities and services supported through department of human services child protection or child welfare training funds. Federal revenue earned must be used to improve and expand training services by the department. The department expenditures eligible for federal reimbursement under this section must not be made from federal funds or funds used to match other federal funds.

(b) Each year, the commissioner of human services shall withhold from funds distributed to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5 percent of each county's annual title XX allocation under section ~~256E.07~~ 256M.50. The commissioner must use these funds to ensure decentralization of training.

Page 351, line 35, delete "245.4886; 245.496" and insert "245.478; 245.4886; 245.4888; 245.496"

Page 351, line 36, before "256E.01" insert "256B.83;"

Page 352, line 2, delete "256E.12;"

Page 359, after line 19, insert:

"Sec. 4. Minnesota Statutes 2002, section 256.482, subdivision 8, is amended to read:

Subd. 8. [SUNSET.] Notwithstanding section 15.059, subdivision 5, the council on disability shall not sunset until June 30, ~~2003~~ 2005."

Page 377, line 22, delete "obligations" and insert "commitments"

Page 394, line 33, delete "December 31" and insert "February 1"

Page 403, line 1, delete "2005" and insert "2004"

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 802

Page 404, line 26, delete "145.88" and insert "145.882, subdivision 7"

Page 408, after line 19, insert:

"(c) Minnesota Rules, parts 4705.0100; 4705.0200; 4705.0300; 4705.0400; 4705.0500; 4705.0600; 4705.0700; 4705.0800; 4705.0900; 4705.1000; 4705.1100; 4705.1200; 4705.1300; 4705.1400; 4705.1500; and 4705.1600, are repealed effective June 30, 2004."

Page 414, line 13, delete "$9,272,000 is" and insert "$6,000,000 in fiscal year 2004 and $9,272,000 in fiscal year 2005 are"

Page 414, line 14, delete "in fiscal year 2005"

Page 414, line 31, delete "$10,724,000" and insert "$16,724,000"

Page 414, line 32, delete "$10,827,000" and insert "$16,827,000"

Page 414, line 35, delete "$10,724,000" and insert "$16,724,000"

Page 414, line 36, delete "$10,827,000" and insert "$16,827,000"

Page 419, line 11, delete "245B.03" and insert "254B.03"

Page 421, after line 50, insert:

"[MFIP SUPPORT SERVICES COUNTY AND TRIBAL ALLOCATION.] When determining the funds available for the consolidated MFIP support services grant in the 18-month period ending December 31, 2004, the commissioner shall apportion the funds appropriated for fiscal year 2005 in such manner as necessary to provide $14,000,000 more to counties and tribes for the period ending December 31, 2004, than would have been available had the funds been evenly divided within the fiscal year between the period before December 31, 2004, and the period after December 31, 2004.

For allocations for the calendar years starting January 1, 2005, the commissioner shall apportion the funds appropriated for each fiscal year in such manner as necessary to provide $14,000,000 more to counties and tribes for the period ending December 31 of that year than would have been available had the funds been evenly divided within the fiscal year between the period before December 31 and the period after December 31."

Page 424, delete line 9 and insert "subdivision 7, clauses (6) and (7), and"

Page 426, after line 19, insert:

"Sec. 7. COUNCIL ON DISABILITY

General 500,000 500,000"

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Page 427, after line 24, insert:

"Sec. 14. [REPEALER.]

Laws 2002, chapter 374, article 9, section 8, is repealed effective upon final enactment."

Adjust amounts accordingly

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 27, after "11;" insert "256.482, subdivision 8;"

Page 1, line 33, delete "1b,"

Page 2, line 1, after "2;" insert "256D.44, subdivision 5;"

Page 2, line 5, after "1a," insert "2,"

Page 2, line 6, after the second semicolon, insert "256J.021;"

Page 2, line 25, delete "subdivision 5" and insert "subdivisions 3, 5"

Page 2, line 26, after "subdivisions" insert "1,"

Page 2, line 28, after "4;" insert "256L.12, subdivision 9, by adding a subdivision;"

Page 2, line 35, after the second semicolon, insert "626.559, subdivision 5;"

Page 2, line 52, after "subdivision 2;" insert "245.478;"

Page 2, line 53, after "245.4886;" insert "245.4888;"

Page 2, line 60, after "4;" insert "256B.83;"

Page 2, line 63, delete "256E.12;"

Page 3, line 7, after the semicolon, insert "Laws 2002, chapter 374, article 9, section 8;"

Page 3, line 8, after "parts" insert "4705.0100; 4705.0200; 4705.0300; 4705.0400; 4705.0500; 4705.0600; 4705.0700; 4705.0800; 4705.0900; 4705.1000; 4705.1100; 4705.1200; 4705.1300; 4705.1400; 4705.1500; 4705.1600;"

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 804

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

H. F. No. 906, A bill for an act relating to education; establishing notice requirements for student surveys and similar instruments; proposing coding for new law in Minnesota Statutes, chapter 121A.

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.

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

H. F. No. 926, A bill for an act relating to metropolitan council; repealing authority for service improvement plan; repealing Minnesota Statutes 2002, section 473.1295.

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. 944, A bill for an act relating to local government; providing an exception to the priorities for designating a qualified newspaper; amending Minnesota Statutes 2002, section 331A.04, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 1001, A bill for an act relating to health; classifying certain data; establishing a reporting system for adverse health care events; appropriating money; amending Minnesota Statutes 2002, section 13.381, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Page 5, line 13, after "use" insert "or lack"

Page 8, delete lines 15 to 20

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

The report was adopted.

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 805

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

H. F. No. 1025, A bill for an act relating to public safety; clarifying eligibility of local governments for state aid in building components of the regionwide public safety radio and communications system; amending Minnesota Statutes 2002, sections 473.891, subdivision 10; 473.898, subdivision 3.

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

The report was adopted.

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

H. F. No. 1158, A bill for an act relating to human services; increasing an intergovernmental transfer payment; increasing the county nursing home payment adjustment; amending Minnesota Statutes 2002, sections 256B.19, subdivision 1d; 256B.431, subdivision 23.

Reported the same back with the following amendments:

Page 2, line 27, delete "the day" and insert "retroactive to January 1, 2003."

Page 2, delete line 28

Page 3, line 30, delete "the day" and insert "retroactive to January 1, 2003."

Page 3, delete line 31 and insert:

"Sec. 3. [APPROPRIATION.]

$1,529,000 is appropriated from the general fund to the commissioner of human services for the fiscal year beginning July 1, 2002, for the purpose of section 2.

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

Amend the title as follows:

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

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.

SECOND READING OF HOUSE BILLS

H. F. Nos. 228, 340, 376, 391, 392, 496, 588, 628, 645, 647, 682, 700, 926, 944 and 1025 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 512 and 726 were read for the second time.

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 806

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Meslow, Smith, Rhodes and Strachan introduced:

H. F. No. 1167, A bill for an act relating to victims; increasing parental liability owed to a victim for acts of certain juvenile offenders; amending certain laws to enhance victim rights; amending Minnesota Statutes 2002, sections 260B.163, subdivision 1; 260B.171, subdivision 4; 540.18, subdivision 1; 611A.01.

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

DeLaForest and Kelliher introduced:

H. F. No. 1168, A bill for an act relating to transportation; authorizing commissioner of transportation to charge varying user fees for single-occupant vehicles using high-occupancy vehicle lanes; allowing electronic toll collection; depositing money in special revenue fund; appropriating money for implementation and transit improvements; exempting commissioner from rulemaking and certain statutory provisions; imposing petty misdemeanor penalty; proposing coding for new law in Minnesota Statutes, chapter 160.

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

Bernardy introduced:

H. F. No. 1169, A bill for an act relating to motor vehicles; allowing collector vehicles to be used for general transportation purposes with payment of registration tax and minimum additional tax; making technical and clarifying changes; amending Minnesota Statutes 2002, section 168.10.

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

Sertich introduced:

H. F. No. 1170, A bill for an act relating to sanitary sewer districts; establishing the central iron range sanitary sewer district.

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

Kohls, Abrams, Krinkie, Zellers, Jacobson, Klinzing and Erickson introduced:

H. F. No. 1171, A bill for an act relating to taxation; individual income; allowing a long-term capital gain exclusion; amending Minnesota Statutes 2002, sections 290.01, subdivision 19b; 290.091, subdivisions 1, 2, 6.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 807

Kuisle, Adolphson and DeLaForest introduced:

H. F. No. 1172, A bill for an act relating to historic sites; limiting involvement of archaeologist to known sites; amending Minnesota Statutes 2002, section 138.40, subdivisions 2, 3.

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

Bradley, Huntley, Boudreau and Murphy introduced:

H. F. No. 1173, A bill for an act relating to health; modifying newborn screenings; amending Minnesota Statutes 2002, sections 144.125; 144.128; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Erickson introduced:

H. F. No. 1174, A bill for an act relating to state government; modifying expiration dates for advisory committees; amending Minnesota Statutes 2002, sections 11A.08, subdivision 4; 15.059, subdivision 5; 16B.053; 16B.181, subdivision 2; 16B.27, subdivision 3; 16B.76, subdivision 1; 16C.17, subdivision 2; 17.136; 18B.305, subdivision 3; 21.112, subdivision 2; 31.95, subdivision 3a; 43A.318, subdivision 1; 79A.02, subdivision 1; 115.41, subdivision 1; 115.42; 115.43, subdivision 2; 115.44, subdivision 2; 115.45, subdivision 1; 115.50; 115.52; 115.53; 115A.072, subdivision 1; 115A.12; 115A.9651, subdivisions 2, 8, 9, 11; 119A.35, subdivision 1; 124D.10, subdivision 2a; 124D.84, subdivision 2; 124D.892, subdivision 3; 134.31, by adding a subdivision; 147B.05, subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 155A.06, subdivision 5; 175.008; 178.02, subdivision 2; 182.656, subdivision 3; 242.56, subdivision 1; 256.482, subdivision 8; 256B.093, subdivision 1; 326.841; 611A.02, subdivisions 2, 3; 611A.07, subdivision 1; 611A.32, subdivision 2; 611A.33; 611A.35; 611A.36, subdivision 1; 611A.55; 629.342, subdivision 2; repealing Minnesota Statutes 2002, sections 16B.055; 43A.317, subdivision 4; 43A.318, subdivision 3; 62J.15, subdivision 1; 62J.692, subdivision 2; 82B.02, subdivision 6; 82B.05; 82B.06; 84.0887, subdivision 4; 115.54; 115A.9651, subdivision 5; 119A.42, subdivision 4; 124D.80; 136A.031, subdivision 5; 145A.16; 161.1419, subdivision 8; 174.55; 176.102, subdivision 3; 242.56, subdivision 3; 245.71, subdivision 2; 252.282, subdivision 4; 254A.04; 256B.0629; 256B.55, subdivision 5; 268.361, subdivision 3; 268.363; 299A.293; 326.41; 326.85; 611A.201, subdivision 3; 611A.202; 611A.25; 611A.34; 611A.345; 611A.361; 611A.675; 611A.70; 611A.71; 626.8441, subdivision 2; 626.9513; Laws 2001 First Special Session chapter 3, article 4, section 2.

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

Otremba, Marquart and Westrom introduced:

H. F. No. 1175, A bill for an act relating to health; modifying fee and reimbursement provisions for hearing instrument dispensers; requiring certain rule amendments; amending Minnesota Statutes 2002, sections 153A.17; 256B.0625, subdivision 8b.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 808

Kuisle and Demmer introduced:

H. F. No. 1176, A bill for an act relating to tax increment financing; eliminating the mileage restriction in the definition of qualified small city; amending Minnesota Statutes 2002, section 469.174, subdivision 27.

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

Otremba, Abeler and Juhnke introduced:

H. F. No. 1177, A bill for an act relating to health; modifying the allocation of family planning special projects grants; requiring rulemaking; amending Minnesota Statutes 2002, section 145.925, subdivision 9, by adding a subdivision.

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

Johnson, S.; Davids; Anderson, I.; Gunther and Juhnke introduced:

H. F. No. 1178, A bill for an act relating to public safety; directing commissioner of administration to initiate 911-access cell phones for seniors program.

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

Wagenius and Solberg introduced:

H. F. No. 1179, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 5, providing for public debt to be incurred for public information technology systems, licenses, and infrastructure.

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

Rukavina; Solberg; Anderson, I.; Sertich and Howes introduced:

H. F. No. 1180, A bill for an act relating to economic development; authorizing the Iron Range Resource and Rehabilitation Board to operate a card club at the Giants Ridge recreation area; providing powers and duties to the commissioner of public safety; amending Minnesota Statutes 2002, sections 298.22, subdivision 7; 299L.01, subdivision 4; 541.20; 541.21; 609.75, subdivision 3; 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299L.

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

Rukavina, Murphy, Sertich and Howes introduced:

H. F. No. 1181, A bill for an act relating to traffic regulations; providing for surcharge on fine for failure to move vehicle safely away from stopped emergency vehicle; requiring certain material be included in Minnesota driver's manual; amending Minnesota Statutes 2002, section 169.18, subdivision 11; 171.13, by adding a subdivision.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 809

Larson and Hackbarth introduced:

H. F. No. 1182, A bill for an act relating to game and fish; modifying fish and dark house fees; amending Minnesota Statutes 2002, section 97A.475, subdivision 11.

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

Osterman, Gunther, Zellers and Hausman introduced:

H. F. No. 1183, A bill for an act relating to economic development; authorizing the establishing of a biotechnology and health sciences industry tax free zone; providing tax exemptions for certain individuals and business entities in the zone; providing for repayment of tax benefits under certain circumstances; amending Minnesota Statutes 2002, sections 272.02, by adding a subdivision; 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, subdivision 3; 297A.68, by adding a subdivision; 297B.03; proposing coding for new law in Minnesota Statutes, chapter 469.

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

Osterman and Kelliher introduced:

H. F. No. 1184, A bill for an act relating to employment; appropriating money for the Minnesota employment center for people who are deaf or hard-of-hearing.

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

Otremba introduced:

H. F. No. 1185, A bill for an act relating to finance education; reducing the principal for independent school district No. 213, Osakis, maximum effort capital loan.

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

Kuisle introduced:

H. F. No. 1186, A bill for an act relating to prevailing hours and wage; applying average pay to determine prevailing wage rate; exempting workers for certain plants from prevailing wage law; amending Minnesota Statutes 2002, sections 177.42, subdivisions 3, 6, by adding a subdivision; 177.43, subdivision 2; 177.44, subdivision 2.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 810

Kuisle introduced:

H. F. No. 1187, A bill for an act relating to highways; directing commissioner to remove interim pavement striping requirements from manual.

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

Hilty; Thissen; Mariani; Walker; Lesch; Thao; Murphy; Ellison; Paymar; Johnson, S.; Jaros; Rukavina; Goodwin and Clark introduced:

H. F. No. 1188, A bill for an act relating to corporations; requiring officers and directors to consider factors in addition to the interests of the corporation's shareholders; amending Minnesota Statutes 2002, sections 302A.251, subdivisions 1, 5; 302A.361.

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

Erhardt introduced:

H. F. No. 1189, A bill for an act relating to child labor; exempting certain minors from minimum age restrictions for work as soccer assistant referees; amending Minnesota Statutes 2002, section 181A.07, by adding a subdivision.

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

Hilty, Paymar and Murphy introduced:

H. F. No. 1190, A bill for an act relating to commerce; requiring security measures for convenience stores; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 299G.

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

Bernardy introduced:

H. F. No. 1191, A bill for an act relating to data practices; clarifying that the location of a National Night Out event is public data; amending Minnesota Statutes 2002, section 13.37, subdivision 3.

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

Westerberg, Kuisle and Erhardt introduced:

H. F. No. 1192, A bill for an act relating to transportation; authorizing state bonds for highway purposes; appropriating money.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 811

Hilty and Murphy introduced:

H. F. No. 1193, A bill for an act relating to Carlton county; providing for first offer of tax forfeited land within the Fond du Lac Indian Reservation to the Fond du Lac Band of Chippewa Indians.

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

Cornish, Simpson and Nornes introduced:

H. F. No. 1194, A bill for an act relating to crime prevention; increasing the surcharge on criminal and traffic offenders and using this money to supplement the operating funds of the law enforcement agency responsible for the conviction; amending Minnesota Statutes 2002, section 357.021, subdivisions 6, 7.

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

Sertich introduced:

H. F. No. 1195, A bill for an act relating to municipalities; extending the terms for which certain certificates of indebtedness may be issued; amending Minnesota Statutes 2002, section 412.301.

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

Sertich introduced:

H. F. No. 1196, A bill for an act relating to economic development; appropriating money for a grant; authorizing the sale of bonds.

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

Erickson introduced:

H. F. No. 1197, A bill for an act relating to public employees; classifying certain personnel data as private; amending Minnesota Statutes 2002, section 13.43, subdivision 2.

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

Anderson, B., introduced:

H. F. No. 1198, A bill for an act relating to the city of Monticello; authorizing extension of time for certain activities in a tax increment financing district.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 812

Abrams and Knoblach introduced:

H. F. No. 1199, A bill for an act relating to taxation; regulating the transportation of cigarettes for sale; amending Minnesota Statutes 2002, section 297F.08, by adding a subdivision.

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

Lenczewski, Greiling and Dorn introduced:

H. F. No. 1200, A bill for an act relating to crime prevention; lowering from 0.10 to 0.08 the per se alcohol concentration level for impairment offenses involving operating motor vehicles or watercraft, criminal vehicular homicide or injury, hunting, handling explosives, or operating military vehicles; amending Minnesota Statutes 2002, sections 97B.065, subdivision 1; 97B.066, subdivision 1; 169A.20, subdivision 1; 169A.51, subdivision 1; 169A.52, subdivisions 2, 4, 7; 169A.53, subdivision 3; 169A.54, subdivision 7; 169A.76; 192A.555; 609.21, subdivisions 1, 2, 2a, 2b, 3, 4.

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

Bradley introduced:

H. F. No. 1201, A bill for an act relating to human services; providing for medical assistance asset recovery; providing for recovery of expenditures for alternative care for nonmedical assistance recipients; establishing an alternative care lien; changing the funding source for activities under the health care access fund to the general fund; changing the funding for MinnesotaCare to the general fund; mandating a children's mental health screening in certain circumstances; amending Minnesota Statutes 2002, sections 16A.724; 256B.15, subdivisions 1, 1a, 2, 3, 4, by adding subdivisions; 256L.02, by adding a subdivision; 260B.157, subdivision 1; 260B.176, subdivision 2; 260B.178, subdivision 1; 260B.193, subdivision 2; 260B.235, subdivision 6; 261.063; 295.58; 514.981, subdivision 6; 524.3-805; proposing coding for new law in Minnesota Statutes, chapter 514.

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

Ozment, Swenson, Harder and Sviggum introduced:

H. F. No. 1202, A bill for an act relating to the environment; modifying environmental review for animal feedlots; amending Minnesota Statutes 2002, section 116D.04, subdivisions 2a, 10, 11, 13.

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

Holberg, Davids, Goodwin, Dorman and Pugh introduced:

H. F. No. 1203, A bill for an act relating to insurance; requiring the joint underwriting association to provide liability insurance to long-term care providers; amending Minnesota Statutes 2002, section 62I.02, subdivisions 1, 6.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 813

Seifert, Juhnke, Magnus and Koenen introduced:

H. F. No. 1204, A bill for an act relating to highways; directing the designation of marked trunk highway 23 from St. Cloud to I-90 as a high-priority interregional corridor and directing its reconstruction as a multilane divided highway.

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

Nelson, P., introduced:

H. F. No. 1205, A bill for an act relating to natural resources; appropriating money for fire and rescue operations support for Interstate park.

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

Nelson, P., introduced:

H. F. No. 1206, A bill for an act relating to drivers' licenses; allowing government agencies to act as commercial driver training schools; amending Minnesota Statutes 2002, section 171.33, subdivision 1.

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

Fuller introduced:

H. F. No. 1207, A bill for an act relating to capital investments; providing for higher education asset preservation; authorizing the sale of state bonds; appropriating money.

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

Abeler, Westerberg, DeLaForest and Tingelstad introduced:

H. F. No. 1208, A bill for an act relating to gambling; proposing an amendment to the Minnesota Constitution, article X, section 8; allowing casino gaming at licensed pari-mutuel racetracks; authorizing licensed racetracks to operate casinos on the licensed premises; appropriating money; amending Minnesota Statutes 2002, sections 240.01, by adding a subdivision; 240.03; 240.07, subdivisions 2, 3, 4, 6; 240.08, subdivision 1; 240.10; 240.13, subdivision 6; 240.15, subdivision 3, by adding a subdivision; 240.22; 240.23; 240.27, subdivisions 1, 5; 240.35, subdivision 1; 299L.07, subdivision 2a; 541.20; 541.21; 609.75, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 240.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 814

Pugh, Atkins, Dorman, Jaros and Rukavina introduced:

H. F. No. 1209, A bill for an act relating to property taxation; providing that household income rather than market value will be used as the basis for computing property taxes on homestead properties; appropriating money; amending Minnesota Statutes 2002, sections 126C.01, subdivision 3; 127A.48, by adding a subdivision; 273.13, subdivisions 22, 23, by adding a subdivision; 275.065, subdivision 3; 275.08, subdivision 1a; 276.017, subdivision 1; 276.02; 276.03; 276.04, subdivisions 2, 3; 276.09; proposing coding for new law in Minnesota Statutes, chapters 273, 477A; repealing Minnesota Statutes 2002, section 273.1384, subdivision 1.

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

Thissen, Greiling and Kielkucki introduced:

H. F. No. 1210, A bill for an act relating to state government; providing for the reorganization of state government; establishing the positions of governor's secretaries; assigning their powers and duties; assigning agencies to secretaries; providing for an implementation plan; proposing coding for new law in Minnesota Statutes, chapter 15.

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

Mullery, Carlson and Greiling introduced:

H. F. No. 1211, A bill for an act relating to taxation; individual income; allowing expanded deductions for health insurance premiums; amending Minnesota Statutes 2002, section 290.01, subdivision 19b.

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

Mullery, Carlson, Hausman and Greiling introduced:

H. F. No. 1212, A bill for an act relating to state government; modifying the structure of the pollution control agency; amending Minnesota Statutes 2002, sections 116.02, subdivisions 1, 4; 116.03, subdivisions 1, 2; repealing Minnesota Statutes 2002, section 116.02, subdivisions 6, 7, 8, 9, 10.

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

Cox, Wagenius and Tingelstad introduced:

H. F. No. 1213, A bill for an act relating to agriculture; changing certain procedures and requirements for organic food; providing for compliance with federal law; amending Minnesota Statutes 2002, sections 31.92, subdivision 3, by adding subdivisions; 31.94; proposing coding for new law in Minnesota Statutes, chapter 31; repealing Minnesota Statutes 2002, sections 31.92, subdivisions 2a, 5; 31.93; 31.95.

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

Journal of the House - 28th Day - Wednesday, March 26, 2003 - Top of Page 815

Nelson, P., introduced:

H. F. No. 1214, A bill for an act relating to transportation; modifying or abolishing certain provisions related to joint county state-aid highway and municipal state-aid street status; deleting requirement for department of transportation to send copies of certain rules to county auditors; abolishing requirement that department of transportation maintain a list of highway engineers; repealing prohibition on establishing new divisions in department of transportation; abolishing obsolete statute related to highway jurisdiction studies; abolishing provision for collective ratemaking by motor carriers; repealing authority of commissioner of transportation over pipeline carriers; repealing certain rules governing design standards of driveways next to highways, motor carriers, aeronautics, and the right of first refusal to certain railroad land; amending Minnesota Statutes 2002, sections 162.02, subdivisions 1, 2, 4; 162.09, subdivision 1; 163.07, subdivision 2; 174.64, subdivision 4; repealing Minnesota Statutes 2002, sections 162.09, subdivision 5; 174.025; 174.031; 221.165; 221.54; 221.55; Minnesota Rules, parts 7800.0100, subparts 1, 3, 5; 7800.0500; 7800.0700; 7800.1400; 7800.1500; 7800.1600; 7800.1700; 7800.3100; 7800.3900; 7800.4810; 7805.0800; 8800.0100, subparts 7, 36; 8800.1200, subpart 3; 8800.3500; 8800.3700; 8800.4000; 8810.4200; 8810.4500; 8810.4600; 8810.4700; 8810.4800; 8810.4900; 8810.5000; 8810.5100; 8810.5500; 8810.9920; 8810.9921; 8850.6900, subparts 4, 6, 11, 12, 17; 8850.7000; 8850.7025; 8850.7040; 8850.7100; 8850.7900; 8850.8200; 8850.8900; 8850.9000; 8850.9050, subparts 1, 2; 8900.0100; 8900.0200; 8900.0300; 8900.0400; 8900.0500; 8900.0600; 8900.0700; 8900.0800; 8900.0900; 8900.1000; 8900.1100; 8910.0100; 8910.0200; 8910.0300; 8910.0400; 8910.1000; 8910.2000; 8910.2100; 8910.3000; 8910.3100.

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

Rhodes, Hilstrom, Erhardt, Hornstein, Atkins, Thao, Murphy, Ellison, Blaine, Osterman, Strachan and Abrams introduced:

H. F. No. 1215, A bill for an act relating to terrorism; authorizing terrorist-targeted nonprofit community-based organizations to apply for antiterrorism equipment and training grants; amending Laws 2002, chapter 401, article 2, section 1, subdivisions 2, 3.

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

Rhodes; Erhardt; Lieder; Hackbarth; Anderson, B.; Lesch; Tingelstad and Thao introduced:

H. F. No. 1216, A bill for an act relating to drivers' licenses; requiring department of public safety to forward information about certain driver's license and identification card applicants to selective service system; amending Minnesota Statutes 2002, section 171.06, by adding a subdivision.

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

Clark, Lesch, Ellison and Paymar introduced:

H. F. No. 1217, A bill for an act relating to crime prevention; providing for an aggressive initiative against impaired driving and chemical dependency; increasing the tax on alcoholic beverages to fund this initiative; eliminating obsolete language and making technical corrections; appropriating money; amending Minnesota Statutes 2002, sections 169A.275, subdivision 5; 169A.284, subdivision 1; 169A.54, subdivision 11; 169A.70, subdivisions 2, 3, by adding subdivisions; 254B.01, subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, subdivisions 1, 4;

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254B.04, subdivisions 1, 3; 254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 2; 297G.04, subdivisions 1, 2; 299A.62, subdivisions 1, 2; 609.115, subdivision 8; 609.135, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 373; 609; repealing Minnesota Statutes 2002, sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7.

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

Swenson introduced:

H. F. No. 1218, A bill for an act relating to state government; appropriating money for agricultural and rural development purposes; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2002, sections 17.4988; 18.525; 18.78; 18.79, subdivisions 2, 3, 5, 6, 9, 10, 11; 18.81, subdivisions 2, 3; 18.84, subdivision 3; 18.85; 18.86; 18B.26, subdivision 3; 21.89, subdivision 2; 21.90, subdivision 2; 21.901; 28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09, subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.02, subdivision 1; 37.03, subdivision 1; 41A.09, subdivisions 2a, 3a; 116O.09, subdivisions 1, 1a, 2, 3, 8, 9, 12, 13, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 18; 21; repealing Minnesota Statutes 2002, sections 3.737; 17.101, subdivision 5; 17.110; 18.51; 18.52; 18.53; 18.54; 18.79, subdivisions 1, 4, 7, 8; 18B.065, subdivision 5; 38.02; 41A.09, subdivisions 1, 1a, 6, 7, 8.

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

DeLaForest; Adolphson; Kuisle; Nelson, P.; Westerberg; Anderson, B., and Magnus introduced:

H. F. No. 1219, A bill for an act relating to highways; exempting counties from permit requirements when reconstructing highway in existing right-of-way; proposing coding for new law in Minnesota Statutes, chapter 373.

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

Mullery, Carlson and Greiling introduced:

H. F. No. 1220, A bill for an act relating to elections; providing for the treatment of absentee ballots following a vacancy in nomination because of death or catastrophic illness; amending Minnesota Statutes 2002, section 204B.41.

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

Marquart introduced:

H. F. No. 1221, A bill for an act relating to drainage; providing for special elections for certain drainage projects; amending Minnesota Statutes 2002, section 103E.015, by adding a subdivision.

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

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Borrell and Holberg introduced:

H. F. No. 1222, A bill for an act relating to government data practices; clarifying that schools may report certain alleged juvenile offenses to the juvenile justice system; amending Minnesota Statutes 2002, section 13.32, subdivision 8.

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

Howes introduced:

H. F. No. 1223, A bill for an act relating to natural resources; establishing a user fee for horseback riding trails; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 85.

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

Meslow, Smith, Rhodes and Johnson, J., introduced:

H. F. No. 1224, A bill for an act relating to retirement; monthly benefit and monthly benefit/lump sum option volunteer fire plans; revising required support levels for various benefit amounts; amending Minnesota Statutes 2002, section 424A.02, subdivision 3.

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

Meslow, Lesch, Strachan and Smith introduced:

H. F. No. 1225, A bill for an act relating to crime prevention; allowing aggregation of certain prostitution offense prosecutions; amending Minnesota Statutes 2002, section 609.322, by adding a subdivision.

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

Meslow introduced:

H. F. No. 1226, A bill for an act relating to criminal justice; expanding permitted uses of funds in automobile theft prevention special revenue account; modifying structure of financial crimes task force and modifying related policies; repealing sunset provision; making clarifying changes; amending Minnesota Statutes 2002, sections 168A.40; 299A.68; 299A.75, subdivisions 1, 3.

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

Meslow; Nelson, C., and Demmer introduced:

H. F. No. 1227, A bill for an act relating to education; improving student access to services that support academic success; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

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Buesgens and Holberg introduced:

H. F. No. 1228, A bill for an act relating to metropolitan agencies; providing for staggered terms of metropolitan council members; providing that public meetings are not required to fill metropolitan council vacancies within 12 months of initial appointment; amending Minnesota Statutes 2002, section 473.123, subdivisions 2a, 3.

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

Smith introduced:

H. F. No. 1229, A bill for an act relating to crimes; reclassifying certain criminal and traffic penalties; reclassifying certain thresholds for certain criminal offenses; removing statutory reporting requirements; removing statutory case processing standards; amending Minnesota Statutes 2002, sections 16D.14, subdivision 2; 169.13, subdivision 2; 169.791, subdivisions 2, 6; 169.792, subdivision 7; 169.89, subdivision 1; 169A.53, subdivision 3; 169A.63, subdivision 8; 171.08; 171.24, subdivisions 1, 3, 4; 171.241; 260B.105, subdivisions 1, 2; 260B.143, subdivision 1, by adding a subdivision; 260C.163, subdivision 5; 296A.24, subdivision 2; 297A.91, subdivision 2; 297E.16, subdivision 2; 297F.21, subdivision 3; 297G.20, subdivision 4; 357.022; 484.08; 491A.01, subdivision 3; 491A.02, subdivision 2; 518B.01, subdivision 4; 546.27; 609.101, subdivision 4; 609.115, subdivision 1; 609.52, subdivision 3; 609.5314, subdivision 2; 609.535, subdivision 2a; 609.545; 609.595; 609.605, subdivision 1; 609.615; 609.631, subdivision 4; 609.68; 609.681; 609.72, subdivision 1; 609.748, subdivisions 1, 3, 3a, 4, 5; 609.893, subdivision 3; repealing Minnesota Statutes 2002, sections 16D.14, subdivision 3; 147.111; 147A.14; 147B.07; 148.102; 148.263; 148B.07; 148B.283; 148B.63; 149A.61; 150A.13; 153.24; 156.122; 340A.905; 626A.17; 631.40, subdivisions 1a, 1b.

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

Kahn; Mariani; Hausman; Ellison; Johnson, S.; Biernat; Mullery; Carlson; Nelson, M.; Clark; Wagenius and Entenza introduced:

H. F. No. 1230, A bill for an act relating to energy; authorizing public utilities commission to order public utility to initiate emissions reduction rider process or to proceed with an approved emissions reduction rider; amending Minnesota Statutes 2002, section 216B.1692, subdivisions 2, 3, 6.

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

Entenza, Greiling, Abeler and Davnie introduced:

H. F. No. 1231, A bill for an act relating to education finance; broadening the health and safety program to include school safety costs associated with student support services; amending Minnesota Statutes 2002, section 123B.57, subdivisions 1, 2.

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

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Lenczewski introduced:

H. F. No. 1232, A bill for an act relating to property taxation; eliminating the city of Bloomington's obligation to make additional contributions to the fiscal disparities pool; amending Minnesota Statutes 2002, section 473F.08, subdivisions 5, 7a; repealing Minnesota Statutes 2002, section 473F.08, subdivision 3a.

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

Tingelstad; Hausman; Opatz; Abeler; Severson; Westerberg; Dempsey; Kahn; Hackbarth; Bernardy; Blaine; Samuelson; Osterman; Kelliher; Rhodes; Goodwin; Hornstein; Hilstrom; Lieder; Juhnke; Otremba; Greiling; Knoblach; Stang; Dorman; Nelson, M.; Ellison; Soderstrom; Zellers; Heidgerken; Simpson; Nornes; Meslow and Seagren introduced:

H. F. No. 1233, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for the Northstar commuter rail line.

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

Ruth; Stang; Gunther; Nelson, M.; Davids; Osterman; Sykora and Cox introduced:

H. F. No. 1234, A bill for an act relating to cemeteries; providing for correction of interment errors; proposing coding for new law in Minnesota Statutes, chapters 306; 307.

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

Ellison; Wagenius; Kahn; Hornstein; Clark; Walker; Johnson, S., and Mullery introduced:

H. F. No. 1235, A bill for an act relating to property taxation; providing a valuation exclusion for lead paint removal; amending Minnesota Statutes 2002, section 273.11, by adding a subdivision.

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

Nelson, M.; Mahoney; Mullery; Smith and Ozment introduced:

H. F. No. 1236, A bill for an act relating to unfair trade practices; prohibiting employer misrepresentation of status of employees; amending Minnesota Statutes 2002, section 325D.15; proposing coding for new law in Minnesota Statutes, chapter 325D.

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

Solberg, by request, and Anderson, I., introduced:

H. F. No. 1237, A bill for an act relating to natural resources; protecting the practice of forestry; proposing coding for new law in Minnesota Statutes, chapter 89.

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

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Solberg and Anderson, I., introduced:

H. F. No. 1238, A bill for an act relating to transportation; authorizing commissioner to establish seasonal highway zones to allow operation of overweight vehicles; allowing vehicles weighing up to 100,000 pounds to travel on nine-ton roads in winter; regulating gross weights on vehicles and combinations hauling raw or unfinished farm or forest products under certain circumstances; amending Minnesota Statutes 2002, sections 169.826, subdivisions 1, 3; 169.86, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 169; repealing Minnesota Statutes 2002, section 169.826, subdivision 6.

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

Juhnke introduced:

H. F. No. 1239, A bill for an act relating to highways; requiring centerline rumble strips on certain highway projects.

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

Magnus, Gunther, Harder, Dorman, Westrom, Cornish, Blaine, Seifert, Cox, Abeler, Demmer and Simpson introduced:

H. F. No. 1240, A bill for an act relating to energy; increasing the amount of wind energy eligible for incentive payments; amending Minnesota Statutes 2002, section 216C.41, subdivision 5.

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

Stang introduced:

H. F. No. 1241, A bill for an act relating to retirement; providing early retirement incentives for certain teachers.

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

Stang introduced:

H. F. No. 1242, A bill for an act relating to higher education; changing requirements for the state grant program; amending Minnesota Statutes 2002, section 136A.121, subdivisions 3, 6; repealing Minnesota Statutes 2002, section 136A.121, subdivision 9a.

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

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Jacobson and Kohls introduced:

H. F. No. 1243, A bill for an act relating to taxation; abolishing the estate tax; amending Minnesota Statutes 2002, sections 289A.01; 289A.60, subdivision 2a; 354.10, subdivision 1; 524.3-916; repealing Minnesota Statutes 2002, sections 289A.10; 289A.18, subdivision 3; 289A.19, subdivision 4; 289A.20, subdivision 3; 289A.30, subdivision 2; 289A.31, subdivision 6; 289A.38, subdivision 3; 291.005; 291.01; 291.03; 291.075; 291.12; 291.13; 291.16; 291.21; 291.215; 291.27; 291.41; 291.42; 291.43; 291.44; 291.45; 291.46; 291.47.

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

Jacobson introduced:

H. F. No. 1244, A bill for an act relating to lawful gambling; making various clarifying and technical changes; providing and modifying definitions; permitting resale of certain gambling equipment; providing for fees, prices, and prize limits; clarifying requirements for gambling managers and employees, premises, records and reports; clarifying conduct of high school raffles and social dice games; amending Minnesota Statutes 2002, sections 349.12, subdivisions 19, 25, by adding subdivisions; 349.151, subdivision 4b; 349.161, subdivision 5; 349.166, subdivision 1; 349.167, subdivisions 4, 7; 349.168, subdivisions 1, 2, 6; 349.169, subdivisions 1, 3; 349.18, subdivision 1; 349.19, subdivision 3; 609.761, subdivisions 4, 5; repealing Minnesota Statutes 2002, section 349.168, subdivision 9.

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

Strachan introduced:

H. F. No. 1245, A bill for an act relating to crime prevention; providing for indeterminate sentencing for certain convicted sex offenders while prohibiting the civil commitment of these offenders; amending Minnesota Statutes 2002, section 253B.185, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Seifert introduced:

H. F. No. 1246, A bill for an act relating to education; allowing the board of teaching to grant annual waivers allowing licensed teachers in alternative schools to provide instruction in a content area for which the teacher is not licensed; amending Minnesota Statutes 2002, section 122A.09, subdivision 10.

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

Greiling, Goodwin, Tingelstad, Carlson, Bernardy, Hausman, Kahn, Wagenius, Peterson and Juhnke introduced:

H. F. No. 1247, A bill for an act relating to education; requiring compliance with B3 project guidelines for school building projects; amending Minnesota Statutes 2002, sections 123B.57, subdivision 2; 123B.59, subdivision 2; 123B.62; 123B.71, subdivisions 4, 9.

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

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Marquart introduced:

H. F. No. 1248, A bill for an act relating to employment; modifying prevailing wage requirements; amending Minnesota Statutes 2002, sections 177.43, subdivision 2; 177.44, subdivision 1.

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

Seifert introduced:

H. F. No. 1249, A bill for an act relating to taxation; property tax; modifying the annual certification for the special agricultural homestead; amending Minnesota Statutes 273.124, subdivision 14.

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

Dorn; Swenson; Anderson, I.; Westrom and Abrams introduced:

H. F. No. 1250, A bill for an act relating to taxation; property taxes; providing that certain personal property at an electric generation facility is exempt from taxation; amending Minnesota Statutes 2002, section 272.02, by adding a subdivision.

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

Samuelson, Bradley and Wilkin introduced:

H. F. No. 1251, A bill for an act relating to health; permitting single background study for home care provider employees; excluding licensed home care agencies from supplemental nursing services law; excluding certain home care agencies from state survey requirements; amending Minnesota Statutes 2002, sections 144.057, subdivision 1; 144A.46, by adding a subdivision; 144A.70, subdivision 6.

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

Gunther introduced:

H. F. No. 1252, A bill for an act relating to professions; modifying fee provisions for the board of barber examiners; appropriating money; amending Minnesota Statutes 2002, section 154.18; repealing Minnesota Rules, part 2100.9300, subpart 1.

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

Brod; Lanning; Lenczewski; Seifert; Buesgens; Holberg; Klinzing; Nelson, C.; Penas; Erickson; Finstad and Stang introduced:

H. F. No. 1253, A bill for an act relating to local government; providing for local government pay equity reports to be filed with the commissioner of employee relations every five years; amending Minnesota Statutes 2002, section 471.999.

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

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MOTION TO FIX TIME TO CONVENE

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, March 27, 2003. The motion prevailed.

MOTIONS AND RESOLUTIONS

Smith moved that the name of Severson be added as an author on H. F. No. 110. The motion prevailed.

Olsen, S., moved that the name of Zellers be added as an author on H. F. No. 114. The motion prevailed.

Marquart moved that the name of Severson be added as an author on H. F. No. 198. The motion prevailed.

Cox moved that the name of Latz be added as an author on H. F. No. 257. The motion prevailed.

Penas moved that the name of Marquart be added as an author on H. F. No. 277. The motion prevailed.

Beard moved that the name of Sertich be added as an author on H. F. No. 282. The motion prevailed.

Sykora moved that the name of Olsen, S., be added as an author on H. F. No. 301. The motion prevailed.

Hackbarth moved that the name of Dill be added as an author on H. F. No. 317. The motion prevailed.

Dorman moved that the name of Brod be added as an author on H. F. No. 355. The motion prevailed.

Olson, M., moved that the names of Adolphson; Nelson, P.; Lindgren; Vandeveer and Westrom be added as authors on H. F. No. 477. The motion prevailed.

Gunther moved that the name of Peterson be added as an author on H. F. No. 671. The motion prevailed.

Opatz moved that the name of Davnie be added as an author on H. F. No. 699. The motion prevailed.

Sertich moved that the name of Dorn be added as an author on H. F. No. 767. The motion prevailed.

Wardlow moved that the name of Greiling be added as an author on H. F. No. 780. The motion prevailed.

Abeler moved that the name of Dorman be added as an author on H. F. No. 855. The motion prevailed.

Nelson, C., moved that the name of Abeler be added as an author on H. F. No. 891. The motion prevailed.

Gunther moved that the name of Severson be added as an author on H. F. No. 892. The motion prevailed.

Hausman moved that the name of Peterson be added as an author on H. F. No. 941. The motion prevailed.

Solberg moved that the name of Dorn be added as an author on H. F. No. 955. The motion prevailed.

Dorman moved that the name of Abeler be added as an author on H. F. No. 963. The motion prevailed.

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Lenczewski moved that the name of Latz be added as an author on H. F. No. 983. The motion prevailed.

Strachan moved that the name of Latz be added as an author on H. F. No. 1003. The motion prevailed.

Olson, M., moved that the names of Nelson, P.; Lindgren; Lindner; Vandeveer and Westrom be added as authors on H. F. No. 1013. The motion prevailed.

Abrams moved that the name of Abeler be added as an author on H. F. No. 1017. The motion prevailed.

Abeler moved that the name of Latz be added as an author on H. F. No. 1023. The motion prevailed.

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

Seifert moved that the name of Kohls be added as an author on H. F. No. 1036. The motion prevailed.

Wardlow moved that the names of Lesch, Rukavina and Atkins be added as authors on H. F. No. 1042. The motion prevailed.

Lenczewski moved that the names of Dorman and Larson be added as authors on H. F. No. 1068. The motion prevailed.

Cornish moved that the name of Abeler be added as an author on H. F. No. 1076. The motion prevailed.

Demmer moved that the name of Juhnke be added as an author on H. F. No. 1090. The motion prevailed.

Vandeveer moved that his name be stricken as an author on H. F. No. 1098. The motion prevailed.

Walz moved that the names of Howes, Gunther, Erickson, Solberg and Penas be added as authors on H. F. No. 1101. The motion prevailed.

Lipman moved that the name of Otto be added as an author on H. F. No. 1104. The motion prevailed.

Dorman moved that the name of Ruth be added as an author on H. F. No. 1105. The motion prevailed.

Dorman moved that the name of Anderson, J., be added as an author on H. F. No. 1107. The motion prevailed.

Adolphson moved that the names of Borrell, Severson and Gunther be added as authors on H. F. No. 1112. The motion prevailed.

Buesgens moved that the name of Seagren be added as an author on H. F. No. 1118. The motion prevailed.

Hornstein moved that the name of Walker be added as an author on H. F. No. 1120. The motion prevailed.

Adolphson moved that the name of Ruth be added as an author on H. F. No. 1122. The motion prevailed.

Samuelson moved that the name of Erickson be added as an author on H. F. No. 1141. The motion prevailed.

Hausman moved that the name of Walker be added as an author on H. F. No. 1151. The motion prevailed.

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Wagenius moved that the names of Davnie and Latz be added as authors on H. F. No. 1153. The motion prevailed.

Harder moved that the names of Penas, Lanning, Ruth, Cox, Urdahl and Heidgerken be added as authors on H. F. No. 1163. The motion prevailed.

Carlson moved that H. F. No. 182 be recalled from the Committee on Education Policy and be re-referred to the Committee on Education Finance. The motion prevailed.

Seagren moved that H. F. No. 206 be recalled from the Committee on Education Policy and be re-referred to the Committee on Education Finance. The motion prevailed.

Gunther moved that H. F. No. 363 be recalled from the Committee on Judiciary Policy and Finance and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Sieben moved that H. F. No. 374 be recalled from the Committee on Civil Law and be re-referred to the Committee on Judiciary Policy and Finance. The motion prevailed.

Lanning moved that H. F. No. 1079 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Taxes. The motion prevailed.

ADJOURNMENT

Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore Abrams declared the House stands adjourned until 3:00 p.m., Thursday, March 27, 2003.

Edward A. Burdick, Chief Clerk, House of Representatives

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