Journal of the House - 29th Day - Thursday, March 27, 2003

A quorum was present.

Dorman; Mariani; Olsen, S.; Opatz; Pugh and Zellers were excused.

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

<HR><a name=828></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 828</center><HR>REPORTS OF STANDING COMMITTEES

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

H. F. No. 110, A bill for an act relating to family law; reforming and recodifying the law relating to marriage dissolution, child custody, child support, maintenance, and property division; changing a fee; making style and form changes; appropriating money; amending Minnesota Statutes 2002, sections 357.021, by adding a subdivision; 518.002; 518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 518.09; 518.091; 518.10; 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 2, 3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 4, 5; 518.168; 518.1705, subdivisions 2, 6, 7, 8, 9; 518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176; 518.177; 518.178; 518.179, subdivision 1; 518.18; 518.191, subdivision 1; 518.195, subdivisions 2, 3; 518.24; 518.25; 518.27; 518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 518.612; 518.619; 518.62; 518.64, subdivisions 1, 2; 518.641; 518.642; 518.646; 518.65; 518.68, subdivision 1; 519.11, subdivision 1; proposing coding for new law as Minnesota Statutes, chapters 517A; 517B; 517C; repealing Minnesota Statutes 2002, sections 518.111; 518.14, subdivision 2; 518.17; 518.171; 518.1752; 518.185; 518.24; 518.255; 518.54, subdivisions 2, 4a, 13, 14; 518.55, subdivision 4; 518.551; 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64, subdivisions 4, 4a, 5; 518.68.

Reported the same back with the following amendments:

Page 81, line 4, after "establishes" insert a colon

Page 81, line 5, before "the" insert "(1)"

Page 81, line 6, delete "and" and insert "; (2)" and before the period, insert "; and (3) that there is no record or history of domestic abuse, harassment, or violence between the parties"

Page 89, line 22, delete "PARTY" and insert "PARENT"

Page 89, lines 33 and 34, delete "obligors and obligees" and insert "both parents"

Page 91, line 28, delete "parties" and insert "parents"

Page 91, line 30, delete "obligor and obligee" and insert "parents"

Page 91, line 31, delete "parties'" and insert "parents'"

Page 92, line 7, delete "Parties'" and insert "Parents'"

Page 93, line 19, delete "party's" and insert "parent's"

Page 93, line 21, delete "parties'" and insert "parents'"

Page 93, line 24, delete "obligor's and obligee's" and insert "parents'"

Page 94, line 3, delete "parties" and insert "parents"

<HR><a name=829></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 829</center><HR> Page 94, line 6, delete "parties" and insert "parents"

Page 94, line 25, delete "parties'" and insert "parents'"

Page 109, line 4, delete "obtain" and insert "verify availability of dependent health care coverage, or to establish, modify,"

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

The report was adopted.

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

H. F. No. 183, A bill for an act relating to lawful gambling; permitting local regulation and investigation fees by townships; amending Minnesota Statutes 2002, sections 349.16, subdivision 8; 349.213, subdivision 1.

Reported the same back with the following amendments:

Page 3, line 10, after "city" insert "or township"

Page 3, after line 15, insert:

"Sec. 3. Minnesota Statutes 2002, section 349.213, subdivision 2, is amended to read:

Subd. 2. [LOCAL APPROVAL.] Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county ~~board~~ and town boards approving the premises permit or bingo hall license. The resolution must have been adopted within 90 days of the date of application for the new or renewed permit or license."

Amend the title as follows:

Page 1, line 5, delete "subdivision 1" and insert "subdivisions 1, 2"

With the recommendation that when so amended the bill pass.

The report was adopted.

<HR><a name=830></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 830</center><HR> Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 321, A bill for an act relating to the city of Northfield; authorizing the city to establish and operate related medical facilities in conjunction with its municipal hospital at a site outside the city limits; authorizing Northfield to acquire real or personal property for the related medical facilities.

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

The report was adopted.

Knoblach from the Committee on Ways and Means 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 following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [SHORT TITLE.]

Sections 1 to 10 shall be known and may be cited as the "Woman's Right to Know Act."

Sec. 2. [145.4241] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] As used in sections 145.4241 to 145.4249, the following terms have the meaning given them.

Subd. 2. [ABORTION.] "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

Subd. 3. [ATTEMPT TO PERFORM AN ABORTION.] "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in Minnesota in violation of sections 145.4241 to 145.4249.

Subd. 4. [MEDICAL EMERGENCY.] "Medical emergency" means any condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

Subd. 5. [PHYSICIAN.] "Physician" means a person licensed as a physician or osteopath under chapter 147.

Subd. 6. [PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD.] "Probable gestational age of the unborn child" means what will, in the judgment of the physician, with reasonable probability, be the gestational age of the unborn child at the time the abortion is planned to be performed.

<HR><a name=831></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 831</center><HR> Subd. 7. [STABLE INTERNET WEB SITE.] "Stable Internet Web site" means a Web site that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the commissioner of health.

Subd. 8. [UNBORN CHILD.] "Unborn child" means a member of the species Homo sapiens from fertilization until birth.

Sec. 3. [145.4242] [INFORMED CONSENT.]

No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

(1) the female is told the following, by telephone or in person, by the physician who is to perform the abortion or by a referring physician, at least 24 hours before the abortion:

(i) the particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

(ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and

(iii) the medical risks associated with carrying her child to term.

The information required by this clause may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied to the physician by the female and whatever other relevant information is reasonably available to the physician. It may not be provided by a tape recording, but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicate, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this section may be construed to preclude provision of required information in a language understood by the patient through a translator;

(2) the female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician at least 24 hours before the abortion:

(i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(ii) that the father is liable to assist in the support of her child, even in instances when the father has offered to pay for the abortion; and

(iii) that she has the right to review the printed materials described in section 145.4243, that these materials are available on a state-sponsored Web site, and what the Web site address is. The physician or the physician's agent shall orally inform the female that the materials have been provided by the state of Minnesota and that they describe the unborn child, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials other than on the Web site, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee.

<HR><a name=832></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 832</center><HR> The information required by this clause may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her;

(3) the female certifies in writing, prior to the abortion, that the information described in clauses (1) and (2) has been furnished to her and that she has been informed of her opportunity to review the information referred to in clause (2), subclause (iii); and

(4) prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent obtains a copy of the written certification prescribed by clause (3) and retains it on file with the female's medical record for at least three years following the date of receipt.

Sec. 4. [145.4243] [PRINTED INFORMATION.]

(a) Within 90 days after the effective date of sections 145.4241 to 145.4249, the commissioner of health shall cause to be published, in English and in each language that is the primary language of two percent or more of the state's population, and shall cause to be available on the state Web site provided for under section 145.4244 the following printed materials in such a way as to ensure that the information is easily comprehensible:

(1) geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of the commissioner of health, printed materials including a toll-free, 24-hours-a-day telephone number that may be called to obtain, orally or by a tape recorded message tailored to a zip code entered by the caller, such a list and description of agencies in the locality of the caller and of the services they offer;

(2) materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term; and

(3) materials with the following information concerning an unborn child of 20 weeks gestational age and at two weeks gestational increments thereafter in such a way as to ensure that the information is easily comprehensible:

(i) the development of the nervous system of the unborn child;

(ii) fetal responsiveness to adverse stimuli and other indications of capacity to experience organic pain; and

(iii) the impact on fetal organic pain of each of the methods of abortion procedures commonly employed at this stage of pregnancy.

The material under this clause shall be objective, nonjudgmental, and designed to convey only accurate scientific information.

<HR><a name=833></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 833</center><HR> (b) The materials referred to in this section must be printed in a typeface large enough to be clearly legible. The Web site provided for under section 145.4244 shall be maintained at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on the Web site shall be a minimum of 200x300 pixels. All letters on the Web site shall be a minimum of 11-point font. All information and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins. The materials required under this section must be available at no cost from the commissioner of health upon request and in appropriate number to any person, facility, or hospital.

Sec. 5. [145.4244] [INTERNET WEB SITE.]

The commissioner of health shall develop and maintain a stable Internet Web site to provide the information described under section 145.4243. No information regarding who uses the Web site shall be collected or maintained. The commissioner of health shall monitor the Web site on a weekly basis to prevent and correct tampering.

Sec. 6. [145.4245] [PROCEDURE IN CASE OF MEDICAL EMERGENCY.]

When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.

Sec. 7. [145.4246] [REPORTING REQUIREMENTS.]

Subdivision 1. [REPORTING FORM.] Within 90 days after the effective date of sections 145.4241 to 145.4249, the commissioner of health shall prepare a reporting form for physicians containing a reprint of sections 145.4241 to 145.4249 and listing:

(1) the number of females to whom the physician provided the information described in section 145.4242, clause (1); of that number, the number provided by telephone and the number provided in person; and of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion;

(2) the number of females to whom the physician or an agent of the physician provided the information described in section 145.4242, clause (2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;

(3) the number of females who availed themselves of the opportunity to obtain a copy of the printed information described in section 145.4243 other than on the Web site and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; and

(4) the number of abortions performed by the physician in which information otherwise required to be provided at least 24 hours before the abortion was not so provided because an immediate abortion was necessary to avert the female's death and the number of abortions in which such information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function.

<HR><a name=834></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 834</center><HR> Subd. 2. [DISTRIBUTION OF FORMS.] The commissioner of health shall ensure that copies of the reporting forms described in subdivision 1 are provided:

(1) by December 1, 2003, and by December 1 of each subsequent year thereafter to all physicians licensed to practice in this state; and

(2) to each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed.

Subd. 3. [REPORTING REQUIREMENT.] By April 1, 2005, and by April 1 of each subsequent year thereafter, each physician who provided, or whose agent provided, information to one or more females in accordance with section 145.4242 during the previous calendar year shall submit to the commissioner of health a copy of the form described in subdivision 1 with the requested data entered accurately and completely.

Subd. 4. [ADDITIONAL REPORTING.] Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions.

Subd. 5. [FAILURE TO REPORT AS REQUIRED.] Reports that are not submitted by the end of a grace period of 30 days following the due date shall be subject to a late fee of $500 for each additional 30-day period or portion of a 30-day period they are overdue. Any physician required to report according to this section who has not submitted a report, or has submitted only an incomplete report, more than one year following the due date, may, in an action brought by the commissioner of health, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.

Subd. 6. [PUBLIC STATISTICS.] By July 1, 2005, and by July 1 of each subsequent year thereafter, the commissioner of health shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted according to this section for each of the items listed in subdivision 1. Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The commissioner of health shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information according to section 145.4242.

Subd. 7. [CONSOLIDATION.] The commissioner of health may consolidate the forms or reports described in this section with other forms or reports to achieve administrative convenience or fiscal savings or to reduce the burden of reporting requirements.

Sec. 8. [145.4247] [REMEDIES.]

Subdivision 1. [CIVIL REMEDIES.] Any person upon whom an abortion has been performed without complying with sections 145.4241 to 145.4249 may maintain an action against the person who performed the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual and punitive damages. Any person upon whom an abortion has been attempted without complying with sections 145.4241 to 145.4249 may maintain an action against the person who attempted to perform the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for actual and punitive damages. No civil liability may be assessed for failure to comply with section 145.4242, clause (2), item (iii), or that portion of section 145.4242, clause (2), requiring written certification that the female has been informed of her opportunity to review the information referred to in section 145.4242, clause (2), item (iii), unless the commissioner of health has made the printed materials or Web site address available at the time the physician or the physician's agent is required to inform the female of her right to review them.

<HR><a name=835></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 835</center><HR> Subd. 2. [SUIT TO COMPEL STATISTICAL REPORT.] If the commissioner of health fails to issue the public report required under section 145.4246, subdivision 6, or fails in any way to enforce this act, any group of ten or more citizens of this state may seek an injunction in a court of competent jurisdiction against the commissioner of health requiring that a complete report be issued within a period stated by court order. Failure to abide by such an injunction shall subject the commissioner to sanctions for civil contempt.

Subd. 3. [ATTORNEY FEES.] If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

Subd. 4. [PROTECTION OF PRIVACY IN COURT PROCEEDINGS.] In every civil action brought under sections 145.4241 to 145.4249, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under subdivision 1, shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.

Sec. 9. [145.4248] [SEVERABILITY.]

If any one or more provision, section, subsection, sentence, clause, phrase, or word of sections 145.4241 to 145.4249 or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4241 to 145.4249 shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed sections 145.4241 to 145.4249, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.

Sec. 10. [145.4249] [SUPREME COURT JURISDICTION.]

The Minnesota supreme court has original jurisdiction over an action challenging the constitutionality of sections 145.4241 to 145.4249 and shall expedite the resolution of the action.

Sec. 11. [APPROPRIATION.]

$274,000 in fiscal year 2004 and $214,000 in fiscal year 2005 are appropriated from the general fund to the commissioner of health for the purposes of this act. The base for this program in fiscal year 2006 and thereafter is $207,000."

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.

The report was adopted.

<HR><a name=836></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 836</center><HR> Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 674, A bill for an act relating to local mandates; including school districts in the definition of political subdivision for purposes of preparing local impact notes for state-mandated actions; amending Minnesota Statutes 2002, section 3.986, subdivision 4.

Reported the same back with the following amendments:

Page 1, after line 13, insert:

"Sec. 2. Minnesota Statutes 2002, section 3.987, subdivision 1, is amended to read:

Subdivision 1. [LOCAL IMPACT NOTES.] The commissioner of finance shall coordinate the development of a local impact note for any proposed legislation introduced after June 30, 1997, or any rule proposed after December 31, 1999, upon request of the chair or the ranking minority member of either legislative tax committee, the chair or the ranking minority member of the house ways and means committee, or the chair or the ranking minority member of the senate finance committee. Upon receipt of a request to prepare a local impact note, the commissioner must notify the authors of the proposed legislation or, for an administrative rule, the head of the relevant executive agency or department, that the request has been made. The local impact note must be made available to the public upon request. If the action is among the exceptions listed in section 3.988, a local impact note need not be requested nor prepared. The commissioner shall make a reasonable and timely estimate of the local fiscal impact on each type of political subdivision that would result from the proposed legislation. The commissioner of finance may require any political subdivision or the commissioner of an administrative agency of the state to supply in a timely manner any information determined to be necessary to determine local fiscal impact. The political subdivision, its representative association, or commissioner shall convey the requested information to the commissioner of finance with a signed statement to the effect that the information is accurate and complete to the best of its ability. The political subdivision, its representative association, or commissioner, when requested, shall update its determination of local fiscal impact based on actual cost or revenue figures, improved estimates, or both. Upon completion of the note, the commissioner must provide a copy to the authors of the proposed legislation or, for an administrative rule, to the head of the relevant executive agency or department.

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

Amend the title as follows:

Page 1, line 6, delete "section" and insert "sections" and before the period, insert "; 3.987, subdivision 1"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 689, A bill for an act relating to the metropolitan council; authorizing the use of energy forward pricing mechanisms; proposing coding for new law in Minnesota Statutes, chapter 473.

Reported the same back with the following amendments:

Page 1, line 10, after "source" insert ", except electric,"

With the recommendation that when so amended the bill pass.

The report was adopted.

<HR><a name=837></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 837</center><HR> Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 769, A bill for an act relating to public employment; including public safety radio communications operators in the definition of essential employee; amending Minnesota Statutes 2002, section 179A.03, subdivision 7.

Reported the same back with the following amendments:

Page 2, after line 3, insert:

"Sec. 2. Minnesota Statutes 2002, section 179A.10, subdivision 2, is amended to read:

Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless otherwise excluded, are included within the units which include the classifications to which they are assigned for purposes of compensation. Supervisory employees shall only be assigned to units 12 and 16. The following are the appropriate units of executive branch state employees:

(1) law enforcement unit;

(2) craft, maintenance, and labor unit;

(3) service unit;

(4) health care nonprofessional unit;

(5) health care professional unit;

(6) clerical and office unit;

(7) technical unit;

(8) correctional guards unit;

(9) state university instructional unit;

(10) state college instructional unit;

(11) state university administrative unit;

(12) professional engineering unit;

(13) health treatment unit;

(14) general professional unit;

(15) professional state residential instructional unit; ~~and~~

(16) supervisory employees unit; and

(17) public safety radio communications operator unit.

<HR><a name=838></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 838</center><HR> Each unit consists of the classifications or positions assigned to it in the schedule of state employee job classification and positions maintained by the commissioner. The commissioner may only make changes in the schedule in existence on the day prior to August 1, 1984, as required by law or as provided in subdivision 4.

Sec. 3. [TRANSITION.]

Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] The commissioner of the bureau of mediation services shall assign the job classifications and positions of employees working as public safety radio communications operators to state employee bargaining unit 17.

Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms and conditions of the collective bargaining agreement, memoranda of understanding, or other salary and benefit provisions covering public safety radio communications operators immediately before the effective date of this section remain in effect until a successor agreement between the commissioner of employee relations and the exclusive representative of bargaining unit 17 becomes effective, subject to Minnesota Statutes, section 179A.20, subdivision 6.

Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee organization that is the exclusive representative of employees assigned to bargaining unit 17 on the day before the effective date of this section must be certified by the commissioner of the bureau of mediation services as the exclusive representative of newly created bargaining unit 17, subject to future changes as provided in Minnesota Statutes, section 179A.12. For employees assigned to bargaining unit 17, the exclusive representative retains all rights and obligations under the contract governing these employees immediately before the effective date of this section, so long as that contract continues to apply to those employees.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective July 1, 2003."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "creating the public safety radio communications operator unit; providing for transition to the new unit;"

Page 1, line 5, delete "section" and insert "sections" and before the period, insert "; 179A.10, subdivision 2"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 796, A bill for an act relating to public employees; modifying the definition of essential employee; amending Minnesota Statutes 2002, section 179A.03, subdivision 7.

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

The report was adopted.

<HR><a name=839></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 839</center><HR> Sykora from the Committee on Education Policy to which was referred:

H. F. No. 820, A bill for an act relating to education; allowing school districts to assign a student to an area learning center; amending Minnesota Statutes 2002, sections 121A.55; 124D.128, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 25, delete "at its discretion" and insert "in consultation with a student's parent or guardian"

Page 2, line 1, after "center" insert "or provide other alternative educational services under section 121A.41, subdivision 11"

Page 2, strike lines 7 to 13

Page 2, line 19, strike the second "and"

Page 2, line 20, strike "that participation in the program is optional" and delete ", consistent with"

Page 2, line 21, delete "district policies adopted under section 121A.55"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 845, A bill for an act relating to Hennepin county; removing its medical center and its health maintenance organization from certain contracting requirements; amending Minnesota Statutes 2002, section 383B.217, subdivision 7.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 2002, section 383B.217, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] Hennepin county may establish a medical center to provide hospital and medical services to the general public, including the indigent as defined by state and federal law, and as determined by the county board, and may provide for health education and training, and research, and may provide for other service as the board of commissioners determines, by resolution, to be in the best interests of the county. The county board may determine to continue the operation of the medical center, to expand or limit its operation, or discontinue it, if the services provided by the medical center in the judgment of the county board can better be provided by other means. If The county board ~~determines~~ may determine that the care and services provided by the medical center ~~is better~~ can be provided by other hospitals, or can be provided at the medical center under a different governance structure established by the county board. The cost of ~~the~~ care and services shall be paid by the county at reasonable rates established by the county board.

<HR><a name=840></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 840</center><HR> Sec. 2. Minnesota Statutes 2002, section 383B.217, subdivision 3, is amended to read:

Subd. 3. [MEDICAL CENTER ADMINISTRATOR.] The medical center shall be managed by a medical center administrator who is qualified by education and experience in the management of hospitals. The medical center administrator shall be in the unclassified service, notwithstanding any other statutory provision to the contrary. The medical center administrator shall be appointed, suspended and removed by the county administrator subject to approval of the county board, or if the county board provides for a different governance structure under subdivision 1, by the board or official designated to approve the appointment, suspension, or removal of the medical center administrator."

Page 1, line 7, delete "Section 1." and insert "Sec. 3."

Page 1, line 14, delete "law" and insert "laws related to public procurement"

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "authorizing the county board to establish a different governance structure of its medical center;"

Page 1, line 5, delete "subdivision" and insert "subdivisions 1, 3,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 860, A bill for an act relating to energy; exempting small municipal utilities from certain conservation reporting requirements; authorizing use of conservation funds for refurbishing municipal district heating and cooling systems; amending Minnesota Statutes 2002, section 216B.241, subdivision 1b.

Reported the same back with the following amendments:

Page 3, strike lines 16 to 23

Page 3, line 30, delete everything after the period and insert "The overview filed by a municipality or a cooperative shall estimate the utility's cost per kilowatt saved, cost per first year kilowatt-hour saved, and where practicable, cost per lifetime kilowatt-hour saved. The municipal or cooperative electric utility's cost for a program is the total of its costs for customer incentives, program delivery utility administration, advertising and promotion, evaluation, and any other cost components.

The overview filed by a municipality with less than $2,500,000 in annual gross revenues from the retail sale of electric service may consist of a letter from the governing board of the municipal utility to the department providing the amount of annual conservation spending required of that municipality and certifying that the required amount has been spent on conservation programs pursuant to this subdivision."

Page 3, delete lines 31 to 33

Page 4, line 14, delete "a portion" and insert "up to 50 percent"

<HR><a name=841></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 841</center><HR> Page 4, after line 16, insert:

"Sec. 2. [SUNSET.]

Minnesota Statutes, section 216B.241, subdivision 1b, paragraph (j), expires July 1, 2007.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 886, A bill for an act relating to the metropolitan council; requiring an analysis of the costs of regional improvements included in the long-range policy plans for metropolitan agencies; amending Minnesota Statutes 2002, sections 473.146, subdivision 1; 473.147, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 5, after the first "the" insert "estimated"

Page 2, line 6, after "for" insert "the" and delete "functions, services, and"

Page 2, line 8, delete "will" and insert "is proposed to"

Page 3, line 17, delete "will" and insert "is proposed to"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 931, A bill for an act relating to public contracting; prohibiting the use of certain agreements; amending Minnesota Statutes 2002, sections 16C.06, subdivision 6; 471.345, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16C.

Reported the same back with the following amendments:

Page 1, line 24, delete "[16C.0655]" and insert "Minnesota Statutes 2002, section 16C.28, is amended by adding a subdivision to read:

<HR><a name=842></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 842</center><HR> Subd. 6."

Page 1, line 26, delete the paragraph coding

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "16C.28, by adding a subdivision;"

Page 1, line 5, delete everything after "subdivision"

Page 1, line 6, delete everything before the period

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.

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

H. F. No. 969, A bill for an act relating to agriculture; authorizing certain embargoes; amending Minnesota Statutes 2002, section 31.05, by adding a subdivision.

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.

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

H. F. No. 977, A bill for an act relating to education; permitting the Minnesota state high school league to determine the required pool depth for supervised competitive high school diving occurring in pools constructed before 1995; amending Minnesota Statutes 2002, section 128C.05, 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 128C.05, is amended by adding a subdivision to read:

Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.] Notwithstanding Minnesota Rules, part 4717.3750, any pool built before January 1, 1987, that complies with the swimming and diving rules of the national federation of state high school associations may be used for supervised competitive high school diving.

[EFFECTIVE DATE.] This section is effective for the 2003-2004 school year and later."

<HR><a name=843></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 843</center><HR> Delete the title and insert:

"A bill for an act relating to education; making supervised competitive high school diving occurring in pools built before January 1, 1987, subject to the swimming and diving rules of the national federation of state high school associations; amending Minnesota Statutes 2002, section 128C.05, by adding a subdivision."

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

The report was adopted.

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

H. F. No. 1090, A bill for an act relating to agriculture; recodifying and clarifying plant pest, pest control, and seed laws; changing certain procedures, requirements, and fees; imposing penalties; appropriating money; amending Minnesota Statutes 2002, sections 21.81, subdivision 8, by adding subdivisions; 21.82; 21.83, subdivision 2; 21.84; 21.85, subdivisions 11, 13; 21.86; 21.88; 21.89, subdivisions 2, 4; 21.90, subdivisions 2, 3; 21.901; proposing coding for new law in Minnesota Statutes, chapter 21; proposing coding for new law as Minnesota Statutes, chapters 18G; 18H; 18J; repealing Minnesota Statutes 2002, sections 18.012; 18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 21.85, subdivisions 1, 3, 4, 5, 6, 7, 8, 9.

Reported the same back with the following amendments:

Page 3, line 22, delete "as determined by a verification survey for the target"

Page 3, line 23, delete "pest" and insert "from a defined geographic area"

Page 3, line 25, delete "indigenous or" and after the period, insert "Exotic species also means a species occurring outside its natural range."

Page 4, line 9, delete "with the potential to become"

Page 4, delete lines 10 and 11

Page 4, line 12, delete "and has the potential to cause" and insert "whose introduction and establishment causes, or may cause,"

Page 13, delete section 8

Page 14, line 10, after the period, insert "For interstate movement,"

Page 14, after line 14, insert:

"This section does not apply to intrastate shipments of federal or state approved biological control agents used in Minnesota for control of plant pests. Shipping containers must be escape-proof and labeling and shipping protocols must be as specified by the commissioner."

<HR><a name=844></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 844</center><HR> Page 17, line 29, delete "and curb the" and insert "the introduction and"

Renumber the sections in article 1 in sequence

Page 72, line 33, after the headnote, insert "Until August 1, 2006, and"

Page 73, after line 3, insert:

"Subd. 4. [DISCONTINUATION OF REGISTRATION AND TESTING.] The commissioner, in consultation with the Minnesota agricultural experiment station, shall develop a standardized testing method for labelers to determine relative maturity for the hybrid seed corn sold in Minnesota. Standards may be developed without regard to chapter 14 and without complying with section 14.386. After development of the standardized method, the registration and testing of hybrids sold in Minnesota will no longer be required."

Page 73, line 4, delete "4" and insert "5"

Page 75, line 19, after the period, insert "Minnesota Statutes, section 21.891, subdivisions 3 and 4, as added by this article, are repealed August 1, 2006."

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

The report was adopted.

Haas from the Committee on State Government Finance to which was referred:

H. F. No. 1094, A bill for an act relating to state government; appropriating money for the expenses of persons called to active state military duty.

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.

Knoblach from the Committee on Ways and Means 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; appropriating money; amending Minnesota Statutes 2002, sections 256B.19, subdivision 1d; 256B.431, subdivision 23.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 183, 321, 668, 674, 689, 769, 796, 820, 845, 860, 886 and 1158 were read for the second time.

<HR><a name=845></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 845</center><HR>SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Bradley moved that the rule therein be suspended and an urgency be declared so that H. F. No. 1158 be given its third reading and be placed upon its final passage. The motion prevailed.

Bradley moved that the rules of the House be so far suspended that H. F. No. 1158 be given its third reading and be placed upon its final passage. The motion prevailed.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

<HR><a name=846></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 846</center><HR>INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Harder, Koenen, Demmer, Swenson and Urdahl introduced:

H. F. No. 1254, A bill for an act relating to renewable energy; expanding the definition of a qualified on-farm biogas recovery facility for certain purposes; amending Minnesota Statutes 2002, section 216C.41, subdivision 1.

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

Erhardt and Juhnke introduced:

H. F. No. 1255, A bill for an act relating to transportation; providing for apportionment of the county state-aid highway fund; increasing motor fuel tax and providing for additional motor fuel taxes to provide money for trunk highway bond debt service; authorizing ten-year imposition of one-half cent sales tax for transportation in certain counties if authorized in a regional referendum; creating major local projects account in the local road improvement fund; authorizing sale of state bonds; making technical and clarifying changes; appropriating money; amending Minnesota Statutes 2002, sections 162.07, subdivision 1, by adding subdivisions; 174.52, subdivision 5, by adding a subdivision; 296A.07, subdivisions 3, 4, by adding a subdivision; 296A.08; proposing coding for new law as Minnesota Statutes, chapter 473J.

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

Atkins introduced:

H. F. No. 1256, A bill for an act relating to taxation; individual income; creating a subtraction for college tuition; amending Minnesota Statutes 2002, section 290.01, subdivision 19b.

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

Swenson introduced:

H. F. No. 1257, A bill for an act relating to natural resources; authorizing a drainage authority to compensate landowners for the removal of a bridge; amending Minnesota Statutes 2002, section 103E.701, by adding a subdivision.

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

Peterson introduced:

H. F. No. 1258, A bill for an act relating to evidence; establishing a domestic violence victims' advocate privilege; amending Minnesota Statutes 2002, section 595.02, by adding a subdivision.

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

<HR><a name=847></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 847</center><HR> Ozment introduced:

H. F. No. 1259, A bill for an act relating to counties; providing for an appeal to the county board from a decision of the board of adjustments and appeals; amending Minnesota Statutes 2002, section 394.27, subdivision 9.

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

Seagren, Buesgens and Eken introduced:

H. F. No. 1260, A bill for an act relating to education; establishing the on-line learning program; defining student eligibility; establishing on-line course revenue; requiring the commissioner of children, families, and learning to review and certify districts offering on-line courses; appropriating money; amending Minnesota Statutes 2002, section 126C.19, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 125B.

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

Holberg introduced:

H. F. No. 1261, A bill for an act relating to drivers' licenses; requiring commissioner of public safety to amend Minnesota Rules to provide for reissuance of driver's license eight weeks after its cancellation due to diabetes-related driving episode.

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

Clark introduced:

H. F. No. 1262, A bill for an act relating to human services; requiring medical assistance to cover pharmaceutical care; amending Minnesota Statutes 2002, section 256B.0625, by adding a subdivision.

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

Otremba, Wagenius, Huntley, Goodwin and Walker introduced:

H. F. No. 1263, A bill for an act relating to health; requiring the commissioner of health to create a model notice for property owners regarding the testing of wells; providing for disseminating of the notice; requiring certain information to be posted on the Web site of the department of health; proposing coding for new law in Minnesota Statutes, chapter 103I.

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

<HR><a name=848></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 848</center><HR> Klinzing, Buesgens, Kielkucki and Johnson, J., introduced:

H. F. No. 1264, A bill for an act relating to education; establishing a school site pilot program.

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

Klinzing; Hoppe; Anderson, B.; Krinkie; Vandeveer and Buesgens introduced:

H. F. No. 1265, A bill for an act relating to education; allowing school districts to count only teachers whose primary duty is to provide classroom instruction in language arts, math, science, or social studies when reporting student-teacher ratios and related class size information; amending Minnesota Statutes 2002, sections 122A.06, subdivision 2; 123B.10, by adding a subdivision.

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

Sykora, Paulsen, Kielkucki and Slawik introduced:

H. F. No. 1266, A bill for an act relating to education; establishing learning scholarships for students with disabilities; proposing coding for new law in Minnesota Statutes, chapter 125A.

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

Brod introduced:

H. F. No. 1267, A bill for an act relating to utility regulation; amending the interest utilities pay on consumer deposits; amending Minnesota Statutes 2002, section 325E.02.

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

Severson, Adolphson and Zellers introduced:

H. F. No. 1268, A bill for an act relating to traffic regulations; clarifying when vehicle lights must be displayed; amending Minnesota Statutes 2002, section 169.48, subdivision 1.

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

Samuelson and Bradley introduced:

H. F. No. 1269, A bill for an act relating to human services; requiring biennial information on asset diversion; expanding information available through the senior linkage line; applying excess homestead equity towards the cost of long-term care; extending the prohibition on certain transfers of income and assets to 72 months prior to application for medical assistance; providing a period of ineligibility; providing exceptions; requiring the commissioner of human services to seek a waiver; amending Minnesota Statutes 2002, sections 256.01, by adding a subdivision; 256.975, subdivision 7; 256B.0595, by adding subdivisions.

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

<HR><a name=849></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 849</center><HR> Carlson and Latz introduced:

H. F. No. 1270, A bill for an act relating to the city of Golden Valley; authorizing an extension of a tax increment financing district.

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

Gunther and Tingelstad introduced:

H. F. No. 1271, A bill for an act relating to health; providing for the prevention of lead poisoning; 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.

Gunther, Huntley, Haas and Finstad introduced:

H. F. No. 1272, A bill for an act relating to occupations; establishing inspection requirements for new plumbing installations; allowing the commissioner to charge fees to hire staff; requiring rulemaking; amending Minnesota Statutes 2002, sections 326.37, subdivision 1, by adding a subdivision; 326.38; 326.40, subdivision 1; 326.42; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2002, section 326.45.

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

Meslow; Simpson; Brod; Demmer; Osterman; Nelson, P.; Hoppe; Adolphson; Lindgren; Urdahl; Klinzing; Borrell; Soderstrom; Strachan; Kohls; Zellers; Wardlow; Cornish; Nelson, C.; Anderson, J.; Finstad; Severson and Beard introduced:

H. F. No. 1273, A bill for an act relating to state government; requiring use of reverse auction procedures for state purchasing; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Lindgren, Kohls, Klinzing, Paulsen, Adolphson, Wardlow, Heidgerken, Severson, Beard, Powell, Hoppe, Simpson and Finstad introduced:

H. F. No. 1274, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 1; providing for limits on state spending increases.

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

<HR><a name=850></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 850</center><HR> Clark introduced:

H. F. No. 1275, A bill for an act relating to human services; requiring the commissioner of human services to implement a pharmaceutical care demonstration project; amending Minnesota Statutes 2002, section 256B.0625, by adding a subdivision.

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

Jaros introduced:

H. F. No. 1276, A bill for an act relating to liquor; authorizing the city of Duluth to issue one additional on‑sale license.

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

Hoppe, Klinzing, Severson, Adolphson, Heidgerken, Wardlow, Borrell, Kohls, Urdahl, Beard, Powell, Simpson and Finstad introduced:

H. F. No. 1277, A bill for an act relating to taxation; providing for limits on state spending increases; providing for rebate of excess revenues; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Lipman, Murphy, Strachan, Meslow, Holberg, Hilstrom, Paymar and Fuller introduced:

H. F. No. 1278, A bill for an act relating to crime prevention; defining terms in the predatory offender registration law; allowing crime victims to have input earlier in the plea agreement process; imposing conditions on the disclosure of videotaped interviews of child abuse victims; clarifying the rape examination law; amending Minnesota Statutes 2002, sections 13.821; 243.166, subdivision 4a; 609.35; 611A.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 611A; 634.

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

Solberg introduced:

H. F. No. 1279, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Itasca county.

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

<HR><a name=851></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 851</center><HR> Mullery, Ellison, Biernat, Kahn, Gunther and Erhardt introduced:

H. F. No. 1280, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money to replace the Lowry Avenue bridge in Minneapolis.

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

Hausman, Hornstein, Abeler, Tingelstad and Entenza introduced:

H. F. No. 1281, A bill for an act relating to transportation; appropriating money for reauthorization of central corridor project.

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

Lindgren introduced:

H. F. No. 1282, A bill for an act relating to agriculture; changing certain wild rice provisions; amending Minnesota Statutes 2002, section 30.49, subdivision 6.

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

Clark, Dorn, Mahoney and Sertich introduced:

H. F. No. 1283, A bill for an act relating to appropriations; appropriating money for WomenVenture and the Metropolitan Economic Development Association.

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

Mariani, Hilty, Lesch and Ellison introduced:

H. F. No. 1284, A bill for an act relating to state government; putting the capitol area architectural and planning board and the designer selection board under the administrative control of the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 2002, sections 15.50, subdivision 1; 16B.33, subdivision 2; and 326.06.

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

Severson and Stang introduced:

H. F. No. 1285, A bill for an act relating to health; requiring a study of the need for an additional hospital in central Minnesota.

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

<HR><a name=852></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 852</center><HR> Westerberg, DeLaForest, Adolphson, Larson, Kuisle and Anderson, B., introduced:

H. F. No. 1286, A bill for an act relating to transportation; creating a hazard elimination safety account in the local road improvement fund; authorizing state bonds for local bridge replacement and rehabilitation and the local road improvement program; providing standard for construction and reconstruction projects under the local road account in the local road improvement fund for routes of regional significance; appropriating money; amending Minnesota Statutes 2002, section 174.52, subdivision 4, by adding subdivisions.

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

Mullery introduced:

H. F. No. 1287, A bill for an act relating to criminal justice; establishing policies relating to geographic restrictions for offenders who commit controlled substance sales crimes; providing for increased sentences for offenders who commit further drug sale crimes in a restricted area; providing criminal penalties; amending Minnesota Statutes 2002, sections 244.05, by adding a subdivision; 609.1095, by adding a subdivision; 609.135, subdivision 1, by adding a subdivision.

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

Cox and Kuisle introduced:

H. F. No. 1288, A bill for an act relating to higher education; modifying assigned student responsibility; increasing the appropriation for student grants; amending Minnesota Statutes 2002, section 136A.121, subdivision 5.

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

Kelliher introduced:

H. F. No. 1289, A bill for an act relating to liquor; removing limits on the number of on-sale and off-sale liquor licenses that may be issued by a municipality; amending Minnesota Statutes 2002, section 340A.601, subdivision 5; repealing Minnesota Statutes 2002, section 340A.413.

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

Nornes, Boudreau, Thao, Paymar and Dempsey introduced:

H. F. No. 1290, A bill for an act relating to human services; expanding an exception to the hospital construction moratorium; amending Minnesota Statutes 2002, section 144.551, subdivision 1.

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

<HR><a name=853></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 853</center><HR> Klinzing; Hoppe; Anderson, B.; Krinkie; Vandeveer; Buesgens and Gerlach introduced:

H. F. No. 1291, A bill for an act relating to education finance; requiring school districts to direct at least 55 percent of their operating revenue directly to regular instruction; amending Minnesota Statutes 2002, sections 123B.10, subdivision 1; 123B.77, subdivision 4.

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

Seifert and Pelowski introduced:

H. F. No. 1292, A bill for an act relating to education; limiting the amount of severance pay for school superintendents leaving employment; amending Minnesota Statutes 2002, section 123B.143, subdivision 1.

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

Seifert introduced:

H. F. No. 1293, A bill for an act relating to retirement; volunteer firefighter relief associations; modifying the options for crediting interest on deferred service pensions; amending Minnesota Statutes 2002, section 424A.02, subdivision 7.

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

Seifert introduced:

H. F. No. 1294, A bill for an act relating to highways; prohibiting commissioner of transportation from requiring counties to lease or purchase mechanical shakers for testing aggregate material.

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

Marquart and Eken introduced:

H. F. No. 1295, A bill for an act relating to education finance; creating a funding mechanism for rewarding excellent education results; appropriating money; amending Minnesota Statutes 2002, sections 126C.10, subdivisions 1, 2, by adding a subdivision; 275.025, subdivision 1.

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

<HR><a name=854></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 854</center><HR> Kahn and Rhodes introduced:

H. F. No. 1296, A bill for an act relating to gambling; authorizing the state lottery to lease space for and operate a casino in the main terminal of the Minneapolis-St. Paul International Airport; appropriating money; amending Minnesota Statutes 2002, sections 349A.01, by adding a subdivision; 349A.10, subdivisions 2, 3, 5; 349A.11, subdivision 1; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A.

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

Westerberg; Haas; Nelson, P.; Pugh and Erhardt introduced:

H. F. No. 1297, A bill for an act relating to insurance; making various changes in enforcement of mandatory automobile insurance; amending Minnesota Statutes 2002, sections 169.791, subdivision 1; 169.792, subdivision 5; 169.796, by adding a subdivision; 169.797, subdivisions 4, 4a; 169.798, subdivision 1, by adding a subdivision; 171.20, subdivision 4; 171.182, subdivision 2; repealing Minnesota Statutes 2002, sections 169.792, subdivision 12; 169.794; 169.799; Minnesota Rules, part 7413.0400.

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

Carlson, Pelowski and Stang introduced:

H. F. No. 1298, A bill for an act relating to higher education; changing proration procedures for state grants; amending Minnesota Statutes 2002, section 136A.121, subdivision 7.

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

Buesgens and Krinkie introduced:

H. F. No. 1299, A bill for an act relating to education finance; focusing education funding on the classroom; increasing efficiencies in state government; eliminating duplicative programs; amending Minnesota Statutes 2002, sections 124D.11, subdivision 6; 124D.135, subdivisions 1, 3; 124D.20, subdivisions 1, 5; 124D.531, subdivision 7; 126C.17, by adding a subdivision; repealing Minnesota Statutes 2002, sections 119A.12; 119A.37; 119A.445; 119A.52; 120B.23; 121A.16; 121A.17; 122A.62; 122A.63; 122A.64; 122A.65; 123B.59, subdivisions 6, 7; 124D.081; 124D.115; 124D.1156; 124D.117; 124D.135, subdivision 4; 124D.15; 124D.16; 124D.17; 124D.20, subdivisions 3, 4, 4a, 6, 7; 124D.221; 124D.23; 124D.39; 124D.40; 124D.41; 124D.42; 124D.43; 124D.44; 124D.45; 124D.81; 124D.83; 124D.84; 126C.445; 126C.455; 129C.10; 129C.15; 129C.20; 129C.25; 129C.26; Laws 1993, chapter 224, article 8, section 20, subdivision 2, as amended; Laws 2000, chapter 489, article 2, section 36, as amended; Laws 2001, First Special Session chapter 6, article 2, section 70.

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

<HR><a name=855></a><center>Journal of the House - 29th Day - Thursday, March 27, 2003 - Top of Page 855</center><HR> Peterson, Koenen, Eken and Dill introduced:

H. F. No. 1300, A bill for an act relating to education; increasing revenue for certain secondary schools; amending Minnesota Statutes 2002, section 126C.10, by adding a subdivision.

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

Peterson, Eken and Koenen introduced:

H. F. No. 1301, A bill for an act relating to appropriations; reinstating funding for Minnesota economic opportunity grants.

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

CONSENT CALENDAR

S. F. No. 726, A bill for an act relating to the State Building Code; modifying municipal reporting requirements; amending Minnesota Statutes 2002, section 16B.685.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were: