Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 225

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

SIXTEENTH DAY

 

Saint Paul, Minnesota, Thursday, February 13, 2003

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by Missionary Katherine Clark, Coon Rapids, Minnesota.

 

The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

The roll was called and the following members were present:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

A quorum was present.

 

Kahn and Ruth were excused.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 226

REPORTS OF STANDING COMMITTEES

 

 

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

 

H. F. No. 2, A bill for an act relating to education; repealing and replacing the profile of learning; providing for expedited rulemaking; repealing certain portions of Minnesota Rules, chapter 3501; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

Reported the same back with the following amendments:

 

Page 1, line 9, after "RULES" insert "AND RELATED STATEWIDE TESTING REQUIREMENT"

 

Page 1, line 10, before "Notwithstanding" insert "(a)"

 

Page 1, after line 17, insert:

 

"(b) The requirement under section 120B.30 for a test aligned with the profile of learning portion of the state's graduation standards that is administered annually to all students in grades 3, 5, 7, 8, 10, and 11 is repealed. This repeal does not apply to the state's basic skills tests in reading, mathematics, and written composition."

 

Page 1, line 18, before "This" insert "Paragraph (a) of"

 

Page 1, line 20, after the period, insert "Paragraph (b) of this section is effective immediately and applies to the 2004-2005 school year and later."

 

Page 1, line 26, delete "language arts" and insert "English"

 

Page 2, lines 6 and 33, delete "language arts" and insert "English"

 

Page 3, lines 1 and 29, delete "language arts" and insert "English"

 

Page 3, line 30, delete "2" and insert "3"

 

Page 4, lines 1, 4, and 7, delete "language arts" and insert "English"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 5, A bill for an act relating to human services; establishing a prescription drug discount program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

 

Reported the same back with the following amendments:

 

Page 2, line 21, after the semicolon, insert "a city, county, school district, or other political subdivision providing self-insured health coverage under section 461.617 or sections 471.98 to 471.982;"


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Page 3, line 20, delete everything after "the" and insert "commissioner. The commissioner"

 

Page 3, line 21, delete "agencies"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 93, A bill for an act relating to the city of St. Paul; making technical changes to the civic center authority powers and duties; amending Laws 1967, chapter 459, section 8, subdivisions 1, 3, 4, as amended.

 

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. 106, A bill for an act relating to state government; making permanent the requirement that certain litigation and settlement proceeds be deposited in the general fund; repealing Minnesota Statutes 2002, section 16A.151, subdivision 5.

 

Reported the same back with the recommendation that 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. 162, A bill for an act relating to health; requiring legislative approval before adopting certain rules.

 

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. 176, A bill for an act relating to appropriations; appropriating money for the Rushford Institute for Nanotechnology.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "$5,000,000" and insert "$......."

 

 

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

 

The report was adopted.


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

 

H. F. No. 195, A bill for an act relating to elections; establishing the voting integrity and voter access account; providing for funding and use of that account; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 5.

 

Reported the same back with the following amendments:

 

Page 1, line 22, delete "continuously"

 

Page 2, line 7, before "level" insert "base"

 

Page 2, after line 9, insert:

 

"Subd. 4. [REPORTS.] The secretary of state must send a copy of the report required by section 258 of the Help America Vote Act, Public Law 107-252, to the chairs of the finance committees in the house of representatives and the senate having jurisdiction over the budget of the office of the secretary of state.

 

Subd. 5. [LEGISLATURE NOT BOUND.] Receipt of federal funds under this section does not bind the legislature to make future appropriations."

 

 

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.

 

 

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

 

H. F. No. 219, A bill for an act relating to education; encouraging retired teachers to serve as short-call substitute teachers; amending Minnesota Statutes 2002, section 122A.18, subdivision 7a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 122A.18, subdivision 7a, is amended to read:

 

Subd. 7a. [PERMISSION TO SUBSTITUTE TEACH.] (a) The board of teaching may allow a person who is enrolled in and making satisfactory progress in a board-approved teacher program and who has successfully completed student teaching to be employed as a short-call substitute teacher.

 

(b) The board of teaching may issue a lifetime qualified short-call substitute teaching license to a person who:

 

(1) applies to the board, was a qualified teacher under section 122A.16 while holding a continuing five-year teaching license issued by the board, and receives a retirement annuity from the teachers retirement association, the Minneapolis teachers retirement fund association, the St. Paul teachers retirement fund association, or the Duluth teachers retirement fund association;


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 229

(2) holds an out-of-state teaching license and receives a retirement annuity as a result of the person's teaching experience; or

 

(3) held a continuing five-year license issued by the board, taught at least three school years in an accredited nonpublic school in Minnesota, and receives a retirement annuity as a result of the person's teaching experience.

 

A person holding a lifetime qualified short-call substitute teaching license is not required to complete continuing education clock hours. A person holding this license may reapply to the board for a continuing five-year license and must again complete continuing education clock hours one school year after receiving the continuing five-year license.

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 261, A bill for an act relating to public safety; enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing the inherent right of law-abiding citizens to self-protection through the lawful use of self-defense; providing a system under which responsible, competent adults can exercise their right to self-protection by authorizing them to obtain a permit to carry a pistol; providing criminal penalties; appropriating money; amending Minnesota Statutes 2002, sections 609.66, subdivision 1d; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 609.66, subdivision 1d, is amended to read:

 

Subd. 1d. [FELONY; POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) Except as provided under paragraph (c), whoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

 

(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school property is guilty of a gross misdemeanor.

 

(c) Notwithstanding paragraph (e), clause (2), it is a petty misdemeanor for a person authorized to carry a pistol under section 624.714 to do so in a building that the person knows is school property unless the person is in the process of dropping off or picking up a child. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

 

(d) As used in this subdivision:

 

(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter;

 

(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 230

(3) "replica firearm" has the meaning given it in section 609.713; and

 

(4) "school property" means:

 

(i) a public or private elementary, middle, or secondary school building and its improved grounds or a child care center licensed under chapter 245A, whether leased or owned by the school, occupied by educational facilities; and

 

(ii) the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students for educational purposes.

 

(d) (e) This subdivision does not apply to:

 

(1) licensed peace officers, military personnel, or students participating in military training, who are performing official duties;

 

(2) persons who carry pistols according to the terms of a permit authorized to carry a pistol under section 624.714;

 

(3) persons who keep or store in a motor vehicle pistols in accordance with sections section 624.714 and or 624.715 or other firearms in accordance with section 97B.045;

 

(4) firearm safety or marksmanship courses or activities conducted on school property;

 

(5) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;

 

(6) a gun or knife show held on school property; or

 

(7) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or director of a child care center.

 

Sec. 2. Minnesota Statutes 2002, section 624.712, is amended by adding a subdivision to read:

 

Subd. 11. [COMMISSIONER.] "Commissioner" means the commissioner of public safety.

 

Sec. 3. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

Sec. 4. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of a permit to carry must have the permit card and a driver's license, state identification card, or other government issued photo-identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.


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(b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates, in court or in the office of the arresting officer, that the person was authorized to carry the pistol at the time of the alleged violation.

 

(c) Upon the request of a peace officer, a permit holder must write a sample signature in the officer's presence to aid in verifying the person's identity.

 

Sec. 5. Minnesota Statutes 2002, section 624.714, subdivision 2, is amended to read:

 

Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota residents for permits to carry shall be made to the chief of police of an organized full-time police department of the municipality where the applicant resides or to the county sheriff where there is no such local chief of police where the applicant resides. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. Nonresidents, as defined in section 171.01, subdivision 42, may apply to any sheriff.

 

(b) A sheriff must issue a permit to an applicant if the person:

 

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

 

(2) is at least 21 years old and a citizen or a permanent resident of the United States;

 

(3) completes an application for a permit; and

 

(4) is not prohibited from possessing a firearm under the following sections:

 

(i) 518B.01, subdivision 14;

 

(ii) 609.224, subdivision 3;

 

(iii) 609.2242, subdivision 3;

 

(iv) 609.749, subdivision 8;

 

(v) 624.713;

 

(vi) 624.719;

 

(vii) 629.715, subdivision 2; or

 

(viii) 629.72, subdivision 2.

 

(c) A permit to carry a pistol issued or recognized under this section is a state permit and is effective in all public places throughout the state.

 

(d) A sheriff may contract with a police chief to process permit applications under this section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all of the provisions of this section will apply.


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Sec. 6. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

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

 

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

 

(b) Basic training must include:

 

(1) instruction in the fundamentals of pistol use;

 

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

 

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

 

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

 

(1) the American Society of Law Enforcement Trainers;

 

(2) the Minnesota Association of Law Enforcement Firearms Instructors;

 

(3) the National Rifle Association;

 

(4) the American Association of Certified Firearms Instructors;

 

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

 

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

 

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

 

(d) A sheriff must accept the training described in this subdivision as meeting the requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff may also accept other satisfactory evidence of training in the safe use of a pistol.

 

Sec. 7. Minnesota Statutes 2002, section 624.714, subdivision 3, is amended to read:

 

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

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 233

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

 

(3) all states of residence of the applicant in the last ten years, though not including specific addresses;

 

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

 

(4) (5) a statement by the applicant that, to the best of the applicant's knowledge and belief, the applicant is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; and law from possessing a firearm.

 

(5) a recent color photograph of the applicant.

 

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

 

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

 

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

 

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

 

(3) an accurate photocopy of the applicant's current driver's license, state identification card, or the photo page of the applicant's passport.

 

(d) Applications must be submitted in person.

 

(e) The sheriff may charge a new application processing fee in an amount not to exceed the actual and reasonable direct cost of processing the application or $40, whichever is less. Of this amount, $10 must be submitted to the commissioner of public safety and deposited into the general fund.

 

(f) This subdivision prescribes the complete and exclusive set of items an applicant is required to submit in order to apply for a new or renewal permit to carry. The applicant must not be asked or required to submit, voluntarily or involuntarily, any information, fees, or documentation beyond that specifically required by this subdivision. This paragraph does not apply to alternate training evidence accepted by the sheriff under subdivision 2a, paragraph (d).

 

(g) Forms for new and renewal applications must be available at all sheriffs' offices and the commissioner of public safety must make the forms available on the Internet.

 

(h) Application forms must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder is or becomes prohibited by law from possessing a firearm. The notice must list the applicable state criminal offenses and civil categories that prohibit a person from possessing a firearm.

 

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


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Sec. 8. Minnesota Statutes 2002, section 624.714, subdivision 4, is amended to read:

 

Subd. 4. [INVESTIGATION.] (a) The application authority shall sheriff must check, by means of electronic data transfer, criminal records, histories, and warrant information on each applicant through the Minnesota Crime Information System. The chief of police or sheriff shall and, to the extent necessary, the National Instant Check System. The sheriff shall also make a reasonable effort to check other available and relevant federal, state, or local record keeping systems. The sheriff must obtain commitment information from the commissioner of human services as provided in section 245.041 or, if the information is reasonably available, as provided by a similar statute from another state.

 

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

 

(c) The sheriff must conduct a background check by means of electronic data transfer on a permit holder through the Minnesota Crime Information System and, to the extent necessary, the National Instant Check System at least yearly to ensure continuing eligibility. The sheriff may conduct additional background checks by means of electronic data transfer on a permit holder at any time during the period that a permit is in effect.

 

Sec. 9. Minnesota Statutes 2002, section 624.714, subdivision 6, is amended to read:

 

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

 

(1) issue the permit to carry;

 

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

 

(3) deny the application on the grounds that there exists a substantial likelihood that the applicant is dangerous to the public if authorized to carry a pistol under a permit.

 

(b) Failure of the chief police officer or the county sheriff to deny the application or issue a permit to carry a pistol notify the applicant of the denial of the application within 21 15 business days of after the date of receipt of the application shall be deemed to be a grant thereof. packet constitutes issuance of the permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application, the local police authority shall sheriff must provide an the applicant with written notification of a denial and the specific reason for factual basis justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual basis. The sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. A chief of police or a sheriff may charge a fee to cover the cost of conducting a background check, not to exceed $10. The permit shall specify the activities for which it shall be valid. Upon receiving any additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12.

 

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the applicant by first class mail unless personal delivery has been made. Within five business days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to the commissioner of public safety for inclusion solely in the database required under subdivision 15, paragraph (a).


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(d) Within five business days of learning that a permit to carry has been suspended or revoked, the sheriff must submit information to the commissioner of public safety regarding the suspension or revocation for inclusion solely in the databases required or permitted under subdivision 15.

 

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

 

Sec. 10. Minnesota Statutes 2002, section 624.714, subdivision 7, is amended to read:

 

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

 

(b) The permit card must also identify the issuing sheriff and state the expiration date of the permit. The permit card must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder becomes prohibited by law from possessing a firearm.

 

(c) A permit to carry a pistol issued under this section expires four years after the date of issue. It may be renewed in the same manner and under the same criteria which the original permit was obtained, subject to the following procedures:

 

(1) no earlier than 90 days prior to the expiration date on the permit, the permit holder may renew the permit by submitting to the appropriate sheriff the application packet described in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct cost of processing the application or $30, whichever is less. Of this amount, $5 must be submitted to the commissioner of public safety and deposited into the general fund. The sheriff must process the renewal application in accordance with subdivisions 4 and 6; and

 

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

 

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

 

Sec. 11. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF PERMIT.] (a) Within 30 days after changing permanent address, or within 30 days of having lost or destroyed the permit card, the permit holder must notify the issuing sheriff of the change, loss, or destruction. Failure to provide notification as required by this subdivision is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

 

(b) After notice is given under paragraph (a), a permit holder may obtain a replacement permit card by paying $10 to the sheriff. The request for a replacement permit card must be made on an official, standardized application adopted for this purpose under section 624.7151, and, except in the case of an address change, must include a notarized statement that the permit card has been lost or destroyed.


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Sec. 12. Minnesota Statutes 2002, section 624.714, subdivision 8, is amended to read:

 

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

 

(b) When a permit holder is convicted of an offense that prohibits the permit holder from possessing a firearm, the court must revoke the permit and, if it is available, take possession of it and send it to the issuing sheriff.

 

(c) The sheriff of the county where the application was submitted, or of the county of the permit holder's current residence, may file a petition with the district court therein, for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and criteria set forth in subdivision 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses, including attorney fees.

 

(d) A permit revocation must be promptly reported to the issuing sheriff.

 

Sec. 13. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

Sec. 14. Minnesota Statutes 2002, section 624.714, subdivision 10, is amended to read:

 

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

 

Sec. 15. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

Sec. 16. Minnesota Statutes 2002, section 624.714, subdivision 12, is amended to read:

 

Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any person aggrieved by denial or revocation of a permit to carry may appeal the denial by petition to the district court having jurisdiction over the county or municipality wherein the notification or denial occurred where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event


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no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief before the completion of the hearing. The record of the hearing must be sealed. The matter shall must be heard de novo without a jury.

 

(b) The court must issue its writ of mandamus directing that the permit be issued and order other appropriate relief unless the sheriff establishes by clear and convincing evidence (1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph (b), or (2) that there exists a substantial likelihood that the applicant is dangerous to the public if authorized to carry a pistol under a permit.

 

(c) The applicant's dangerousness to the public under paragraph (b), clause (2), may only be established by the applicant's criminal or noncriminal history, within the past three years, involving:

 

(1) behavioral incidents of violence that were contemporaneously investigated and documented, not including incidents for which the applicant was charged and acquitted;

 

(2) a condition of mental impairment. For purposes of this paragraph, "mental impairment" means a "mentally ill person," "mentally retarded person," or "a person mentally ill and dangerous to the public" as those terms are defined in section 253B.02; or

 

(3) being listed on the criminal gang investigative data system under section 299C.091.

 

(d) If an applicant is denied a permit on the grounds of being dangerous to the public under paragraph (c), clause (3), the person may challenge the denial, after disclosure under court supervision of the reason for that listing, based on grounds that the person:

 

(1) was erroneously identified as a person in the data system;

 

(2) was improperly included in the data system according to the criteria outlined in section 299C.091, subdivision 2, paragraph (b); or

 

(3) has demonstrably withdrawn from the activities and associations that led to inclusion in the data system.

 

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

 

Sec. 17. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 12a. [SUSPENSION AS CONDITION OF RELEASE.] The district court may order suspension of the application process for a permit or suspend the permit of a permit holder as a condition of release pursuant to the same criteria as the surrender of firearms under section 629.715. A permit suspension must be promptly reported to the issuing sheriff. If the permit holder has an out-of-state permit recognized under subdivision 16, the court must promptly report the suspension to the commissioner of public safety for inclusion solely in the database under subdivision 15, paragraph (a).

 

Sec. 18. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 14. [RECORDS.] (a) A sheriff must not maintain records or data collected, made, or held under this section concerning any applicant or permit holder that are not necessary under this section to support a permit that is outstanding or eligible for renewal under subdivision 7, paragraph (b). Notwithstanding section 138.163, sheriffs must completely purge all files and databases by March 1 of each year to delete all information collected under this section concerning all persons who are no longer current permit holders or currently eligible to renew their permit.


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(b) Paragraph (a) does not apply to records or data concerning an applicant or permit holder who has had a permit denied or revoked under the criteria established in subdivision 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a period of six years from the date of the denial or revocation.

 

Sec. 19. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; DATABASE.] (a) The commissioner of public safety must maintain an automated database of persons authorized to carry pistols under this section that is available 24 hours a day, seven days a week, to law enforcement agencies, including prosecutors carrying out their duties under subdivision 8a, solely to verify the validity of a permit.

 

(b) The commissioner of public safety may maintain a separate automated database of denied applications for permits to carry and of revoked permits that is available only to sheriffs performing their duties under this section containing the date of, the statutory basis for, and the initiating agency for any permit application denied or permit revoked for a period of six years from the date of the denial or revocation.

 

(c) The commissioner of public safety may contract with one or more vendors to implement the commissioner's duties under this section.

 

Sec. 20. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

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

 

(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses including attorney fees. The petition may be filed in any county in the state where a person holding a license or permit from another state can be found.

 

(d) The commissioner of public safety must, when necessary, execute reciprocity agreements regarding carry permits with jurisdictions whose carry permits are recognized under paragraph (c).

 

Sec. 21. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

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

 

Sec. 22. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 18. [MONITORING.] (a) By March 1, 2004, and each year thereafter, the commissioner of public safety must report to the legislature on:

 

(1) the number of permits applied for, issued, suspended, revoked, and denied, further categorized by the age, sex, and zip code of the applicant or permit holder, since the previous submission, and in total;


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(2) the number of permits currently valid;

 

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

 

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

 

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

 

(6) the status of the segregated funds reported to the commissioner under subdivision 19.

 

(b) Sheriffs and police chiefs must supply the department of public safety with the basic data the department requires to complete the report under paragraph (a). Sheriffs and police chiefs may submit data classified as private to the department of public safety under this paragraph.

 

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

 

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

 

Sec. 23. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 19. [USE OF FEES.] Fees collected by sheriffs under this section and not forwarded to the commissioner of public safety must be used only to pay the direct costs of administering this section. Fee money may be used to pay the costs of appeals of prevailing applicants or permit holders under subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision 16, paragraph (c). The revenues must be maintained in a segregated fund. By January 31 of each year, a sheriff must report to the commissioner on the sheriff's segregated fund for the preceding calendar year, including information regarding:

 

(1) nature and amount of revenues;

 

(2) nature and amount of expenditures; and

 

(3) nature and amount of balances.

 

Sec. 24. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 20. [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This section may be cited as the Minnesota Citizens' Personal Protection Act of 2003. The legislature of the state of Minnesota recognizes and declares that the second amendment of the United States Constitution guarantees the fundamental, individual right to keep and bear arms. The provisions of this section are declared to be necessary to accomplish compelling state interests in regulation of those rights. The terms of this section must be construed according to the compelling state interest test. The invalidation of any provision of this section shall not invalidate any other provision.

 

Sec. 25. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read:

 

Subd. 21. [EXCLUSIVITY.] This section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and establishes their nature and scope. No sheriff, police chief, governmental unit, or other person may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry.


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Sec. 26. [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.]

 

Subdivision 1. [ACTS PROHIBITED.] A person may not carry a pistol on or about the person's clothes or person in a public place:

 

(1) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;

 

(2) when the person is under the influence of a combination of any two or more of the elements named in clauses (1) and (4);

 

(3) when the person is knowingly under the influence of any chemical compound or combination of chemical compounds that is listed as a hazardous substance in rules adopted under section 182.655 and that affects the nervous system, brain, or muscles of the person so as to impair the person's clearness of intellect or physical control;

 

(4) when the person is under the influence of alcohol;

 

(5) when the person's alcohol concentration is 0.10 or more; or

 

(6) when the person's alcohol concentration is less than 0.10, but more than 0.04.

 

Subd. 2. [ARREST.] A peace officer may arrest a person for a violation under subdivision 1 without a warrant upon probable cause, without regard to whether the violation was committed in the officer's presence.

 

Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer authorized under subdivision 2 to make arrests has reason to believe that the person may be violating or has violated subdivision 1, the officer may require the person to provide a breath sample for a preliminary screening test using a device approved by the commissioner of public safety for this purpose. The results of the preliminary screening test must be used for the purpose of deciding whether an arrest should be made under this section and whether to require the chemical tests authorized in section 624.7143, but may not be used in any court action except: (1) to prove that the test was properly required of a person under section 624.7143, or (2) in a civil action arising out of the use of the pistol. Following the preliminary screening test, additional tests may be required of the person as provided under section 624.7143. A person who refuses a breath sample is subject to the provisions of section 624.7143 unless, in compliance with that section, the person submits to a blood, breath, or urine test to determine the presence of alcohol or a controlled substance.

 

Subd. 4. [EVIDENCE.] In a prosecution for a violation of subdivision 1, the admission of evidence of the amount of alcohol or a controlled substance in the person's blood, breath, or urine is governed by section 169A.45.

 

Subd. 5. [SUSPENSION.] A person who is charged with a violation under this section may have their authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise suspended by the court as a condition of release.

 

Subd. 6. [PENALTIES.] (a) A person who violates a prohibition under subdivision 1, clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a gross misdemeanor.

 

(b) A person who violates subdivision 1, clause (6), is guilty of a petty misdemeanor. A second or subsequent violation within a year of the first violation is a misdemeanor.

 

(c) In addition to the penalty imposed under paragraph (a), if a person violates subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise is revoked and the person may not reapply for a period of one year from the date of conviction.


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(d) In addition to the penalty imposed under paragraph (b), if a person violates subdivision 1, clause (6), as a petty misdemeanor the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise, is suspended for 60 days from the date of judgment. If the person violates subdivision 1, clause (6), as a misdemeanor, the period of suspension is for 180 days from the date of conviction.

 

(e) Notwithstanding section 609.531, a firearm carried in violation of subdivision 1, clause (6), is not subject to forfeiture.

 

Subd. 7. [REPORTING.] Suspensions and revocations under this section must be reported in the same manner as in section 624.714, subdivision 12a.

 

Sec. 27. [624.7143] [CHEMICAL TESTING.]

 

Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who carries a pistol in a public place on or about the person's clothes or person is required, subject to the provisions of this section, to take or submit to a test of the person's blood, breath, or urine for the purpose of determining the presence and amount of alcohol or a controlled substance. The test shall be administered at the direction of an officer authorized to make arrests under section 624.7142. Taking or submitting to the test is mandatory when requested by an officer who has probable cause to believe the person was carrying a pistol in violation of section 624.7142, and one of the following conditions exists:

 

(1) the person has been lawfully placed under arrest for violating section 624.7142;

 

(2) the person has been involved while carrying a firearm in a firearms-related accident resulting in property damage, personal injury, or death;

 

(3) the person has refused to take the preliminary screening test provided for in section 624.7142; or

 

(4) the screening test was administered and indicated an alcohol concentration of 0.04 or more.

 

Subd. 2. [PENALTIES; REFUSAL; REVOCATION.] (a) If a person refuses to take a test required under subdivision 1, none must be given but the officer shall report the refusal to the sheriff and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On certification by the officer that probable cause existed to believe the person had been carrying a pistol on or about the person's clothes or person in a public place while under the influence of alcohol or a controlled substance, and that the person refused to submit to testing, a court may impose a civil penalty of $500 and may revoke the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise for a period of one year from the date of the refusal. The person shall be accorded notice and an opportunity to be heard prior to imposition of the civil penalty or the revocation.

 

(b) Revocations under this subdivision must be reported in the same manner as in section 624.714, subdivision 12a.

 

Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is requested, the person must be informed that:

 

(1) Minnesota law requires a person to take a test to determine if the person is under the influence of alcohol or a controlled substance;


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(2) if the person refuses to take the test, the person is subject to a civil penalty of $500 and is prohibited for a period of one year from carrying a pistol in a public place on or about the person's clothes or person, as provided under subdivision 2; and

 

(3) that the person has the right to consult with an attorney, but that this right is limited to the extent it cannot unreasonably delay administration of the test or the person will be deemed to have refused the test.

 

Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] Notwithstanding subdivision 1, if there is probable cause to believe there is impairment by a controlled substance that is not subject to testing by a breath test, a blood or urine test may be required even after a breath test has been administered.

 

Subd. 5. [CHEMICAL TESTS.] Chemical tests administered under this section are governed by section 169A.51 in all aspects that are not inconsistent with this section.

 

Sec. 28. [APPROPRIATION.]

 

$....... is appropriated in fiscal year 2004 from the general fund to the commissioner of public safety to implement the provisions of sections 1 to 27.

 

Sec. 29. [GRANDFATHER CLAUSE.]

 

Permits to carry pistols issued prior to the effective date of sections 1 to 27 remain in effect and are valid under the terms of issuance until the date of expiration applicable at the time of issuance. However, a person holding a permit that was issued prior to the effective date of sections 1 to 27 may nevertheless apply for a permit under the terms and conditions of sections 1 to 27.

 

Sec. 30. [REVISOR'S INSTRUCTION.]

 

In Minnesota Statutes, sections 624.713 to 624.717, the revisor of statutes shall change the term "commissioner of public safety" to "commissioner" wherever the term appears.

 

Sec. 31. [REPEALER.]

 

Minnesota Statutes 2002, section 624.714, subdivisions 1 and 5, are repealed.

 

Sec. 32. [EFFECTIVE DATE.]

 

Sections 1 to 31 are effective 30 days after final enactment and apply to crimes committed on or after that date, except that the commissioner of public safety must promulgate the list required under section 20 within 60 days of final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing the inherent right of law-abiding citizens to self-protection through the lawful use of self-defense; providing a system under which responsible, competent adults can exercise their right to self-protection by authorizing them to obtain a permit to carry a pistol; providing criminal penalties; appropriating money; amending Minnesota Statutes 2002, sections 609.66, subdivision 1d; 624.712, by adding a subdivision; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5."

 

 

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

 

The report was adopted.


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

 

H. F. No. 273, A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 2002, sections 3.85, subdivision 6; 4A.02; 12.37; 13.3806, subdivision 4; 13.383, by adding a subdivision; 13.4963, subdivision 2; 13.4967, by adding a subdivision; 13.585, subdivision 2; 13.6905, by adding a subdivision; 13.7191, subdivision 6; 13.871, subdivisions 5, 6; 14.03, subdivision 2; 14.388; 37.03, subdivision 1; 40A.121; 50.14, subdivision 12; 60K.39, subdivision 1; 62A.27; 62Q.71; 69.021, subdivision 5; 69.041; 79.251, subdivision 1; 79A.02, subdivision 1; 85.015, subdivisions 4, 10; 85.20, subdivision 6; 103B.321, subdivision 1; 103G.245, subdivision 5; 116J.556; 144A.4605, subdivision 4; 144E.41; 147A.01, subdivisions 18, 22; 147A.24, subdivision 2; 168.013, subdivision 1e; 168.61, subdivision 1; 211A.13; 221.021, subdivision 1; 221.0251, subdivision 1; 221.60, subdivision 1; 221.601, subdivision 1; 221.602, subdivisions 1, 2, 3; 222.63, subdivisions 1, 6; 222.86, subdivisions 1, 3; 237.075, subdivision 8; 244.13, subdivision 1; 256B.501, subdivision 11; 260B.163, subdivision 4; 260C.007, subdivision 5; 260C.175, subdivision 1; 270.67, subdivision 2; 270B.03, subdivision 6; 272.67, subdivision 1; 273.1106; 276A.09; 290.0802, subdivision 2; 290.9727, subdivision 3; 290.9728, subdivision 2; 290.9729, subdivision 2; 297A.70, subdivision 7; 299F.40, subdivision 1; 317A.443, subdivision 2; 322B.960, subdivision 4; 325E.26, subdivision 4; 325G.34, subdivision 4; 327C.07, subdivision 7; 354A.31, subdivisions 6, 7; 356.46, subdivision 1; 356.62; 365.46, subdivision 2; 379.05; 398A.04, subdivision 4; 412.021, subdivision 1; 412.091; 414.09, subdivision 3; 465.81, subdivisions 1, 2; 465.82, subdivisions 1, 2; 465.84; 469.057, subdivisions 1, 2; 473.129, subdivision 5; 473F.13, subdivision 1; 473H.14; 487.17; 487.24; 488A.01, subdivision 5; 488A.03, subdivisions 11, 13; 488A.06, subdivisions 2, 3; 488A.11; 488A.18, subdivision 6; 488A.28; 491A.01, subdivision 4; 515B.3-116; 557.09; 572A.015, subdivision 2; 572A.02, subdivision 6; 572A.03, subdivision 5; 609.33, subdivision 6; 609.5317, subdivisions 1, 3; Laws 1997, chapter 203, article 9, section 21, as amended; repealing Minnesota Statutes 2002, sections 2.043; 2.053; 2.063; 2.073; 2.083; 2.093; 2.103; 2.113; 2.123; 2.133; 2.143; 2.153; 2.163; 2.173; 2.183; 2.193; 2.203; 2.213; 2.223; 2.233; 2.243; 2.253; 2.263; 2.273; 2.283; 2.293; 2.303; 2.313; 2.323; 2.333; 2.343; 2.353; 2.363; 2.373; 2.383; 2.393; 2.403; 2.413; 2.423; 2.433; 2.443; 2.453; 2.463; 2.473; 2.483; 2.493; 2.503; 2.513; 2.523; 2.533; 2.543; 2.553; 2.563; 2.573; 2.583; 2.593; 2.603; 2.613; 2.623; 2.633; 2.643; 2.653; 2.663; 2.673; 2.683; 2.693; 2.703; 2.742; 2.752; 2.762; 2.772; 2.782; 2;792; 2.802; 2.812; 221.121, subdivision 6g; 221.153, subdivision 3; 356.58; 572A.015, subdivision 1; 609.668, subdivision 7; Laws 1997, chapter 233, article 1, section 12; Laws 2000, chapter 395, section 13, subdivision 3; Laws 2001, chapter 195, article 2, section 35; Laws 2002, chapter 223, section 25, subdivision 3; Laws 2002, chapter 243, section 2; Laws 2002, chapter 374, article 8, section 2; Laws 2002, chapter 380, article 4, section 1; Laws 2002, chapter 392, article 12, section 1; Minnesota Rules, parts 2200.0100; 2200.0200; 2200.0300; 2200.0400; 2200.0500; 2200.0600; 2200.0700; 2200.0800; 2200.0900; 2200.1000; 2200.1100; 2200.1200; 2200.1300; 2200.1400; 2200.1500; 2200.1600; 2200.1700; 2200.1800; 2200.1900; 2200.2000; 2200.2100; 2200.3100; 2200.3200; 2200.3300; 2200.3410; 2200.3500; 2200.3600; 2200.3700; 2200.3800; 2200.3900; 2200.4000; 2200.4100; 2200.4200; 2200.4300; 2200.4400; 2200.5000; 2200.5100; 2200.5200; 2200.5300; 2200.5310; 2200.5400; 2200.5500; 2200.6000; 2200.6100; 2200.6200; 2200.6300; 2200.6400; 2200.6500; 2200.6600; 2200.6700; 2200.6800; 2200.6900; 2200.7000; 2200.7100; 2200.7200; 2200.7300; 2200.7400; 2200.7500; 2200.7600; 2200.7700; 2200.7800; 2200.7900; 2200.8000; 2200.8100; 2200.8200; 2200.8300; 2200.8400; 2200.8500; 2200.9000; 2200.9100; 2200.9200; 2200.9300; 2200.9400; 2200.9500; 2200.9600; 2200.9700; 2200.9800; 2205.0100; 2205.0200; 2205.0300; 2205.0400; 2205.0500; 2205.0600; 2205.0700; 2205.0800; 2205.0900; 2205.1000; 2205.1100; 2205.1200; 2205.1300; 2205.1400; 2205.1500; 4830.6000; 4830.6100; 4830.6200; 4830.6300; 4830.6400; 6100.6000.

 

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

 

The report was adopted.


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

 

H. F. No. 297, A bill for an act relating to health; directing the commissioner of health not to adopt certain rules; repealing certain data collection and research initiative provisions; amending Minnesota Statutes 2002, sections 43A.24, subdivision 2; 62J.04, subdivision 3; 62J.55; 270B.14, subdivision 11; repealing Minnesota Statutes 2002, sections 13.717, subdivisions 5, 6, 7, 8, 9; 62J.301; 62J.311; 62J.321; 62J.322; 62J.38; 62J.381; 62J.40; 62J.41; 62J.42; 62J.451; 62J.452; 144.335, subdivision 3b.

 

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.

 

 

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

 

H. F. No. 302, A bill for an act relating to education; clarifying the date of school board organizational meetings; amending Minnesota Statutes 2002, section 123B.14, subdivision 1.

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 2, 93, 106, 162, 219, 273 and 302 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

DeLaForest introduced:

 

H. F. No. 368, A bill for an act relating to taxation; sales and use; exempting the purchase of certain property used in constructing a fire department facility in the city of Ham Lake; amending Minnesota Statutes 2002, section 297A.71, by adding a subdivision.

 

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

 

 

Erhardt introduced:

 

H. F. No. 369, A bill for an act relating to property taxes; exempting noncommercial seasonal recreational property from the state property tax; amending Minnesota Statutes 2002, section 275.025, subdivisions 1, 2, 4; repealing Minnesota Statutes 2002, section 275.025, subdivision 3.

 

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


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Erhardt introduced:

 

H. F. No. 370, A bill for an act relating to taxes; sales and use tax; allowing a refund of sales tax related to bad debt losses of lender; changing the dates for filing a deduction or refund claim on bad debt loss; amending Minnesota Statutes 2002, sections 289A.40, subdivision 2; 289A.50, by adding a subdivision; 297A.81.

 

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

 

 

Dill, Rukavina, Peterson, Meslow and Blaine introduced:

 

H. F. No. 371, A bill for an act relating to towns; permitting certain town officers to serve concurrently as firefighters; proposing coding for new law in Minnesota Statutes, chapter 365.

 

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

 

 

Howes, Marquart and Paulsen introduced:

 

H. F. No. 372, A bill for an act relating to taxation; providing a reduced class rate for certain property bordering public waters; amending Minnesota Statutes 2002, section 273.13, subdivision 23.

 

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

 

 

Nornes, Boudreau, Huntley and Otremba introduced:

 

H. F. No. 373, A bill for an act relating to occupations and professions; removing the restriction of prescribing only topical legend drugs by board certified optometrists; requiring that legend drugs be used as included in optometry curricula; authorizing the prescription of controlled substances; amending reporting requirement of health professionals to include all legend drugs; requiring optometrists using legend drugs be held to the same standards as physicians; amending Minnesota Statutes 2002, sections 147.111, subdivision 4; 148.574; 148.575, subdivisions 1, 2; 148.576; 148.577; 151.37, subdivision 11; 152.11, subdivision 2; 152.12, subdivisions 1, 4.

 

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

 

 

Sieben; Tingelstad; Rukavina; Sertich; Mahoney; Johnson, S.; Lenczewski; Bernardy; Clark; Hausman; Thao; Kelliher; Larson; Opatz; Slawik; Rhodes and Davnie introduced:

 

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.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 246

Howes, Kuisle, Ozment, Solberg, Rukavina, Sviggum, Sertich, Urdahl and Otremba introduced:

 

H. F. No. 375, A bill for an act relating to local government; providing procedures and criteria for municipal annexation of unincorporated land; providing certain exceptions; amending Minnesota Statutes 2002, sections 414.011, subdivision 5; 414.031; 414.033, subdivision 2; 414.0335, subdivisions 1, 2; 414.035; 414.036; proposing coding for new law in Minnesota Statutes, chapter 414.

 

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

 

 

Wilkin, Bradley, Huntley, Finstad and Brod introduced:

 

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.

 

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

 

 

Stang, Paulsen, Kelliher, Abeler, Solberg, Peterson and Davids introduced:

 

H. F. No. 377, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for construction of the Children's Theatre Company renovation and expansion; authorizing Hennepin county to undertake a program to provide certain facilities.

 

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

 

 

Larson introduced:

 

H. F. No. 378, A bill for an act relating to adoption; requiring a registered putative father to serve notice of a paternity action on an interested party; amending Minnesota Statutes 2002, section 259.52, subdivision 10.

 

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

 

 

Wardlow; Lesch; Johnson, J.; Rhodes and Heidgerken introduced:

 

H. F. No. 379, A bill for an act relating to state government; authorizing capital cost avoidance for guaranteed savings contracts; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

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

 

 

Smith; Murphy; Rhodes; Fuller; Blaine; Strachan; Eastlund; Lipman; Anderson, J.; Soderstrom; Meslow and Powell introduced:

 

H. F. No. 380, A bill for an act relating to crime prevention; requiring the commissioner of corrections to develop and report on a plan to increase state correctional capacity.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 247

Strachan; Smith; Fuller; Blaine; Anderson, J.; Soderstrom; Meslow and Powell introduced:

 

H. F. No. 381, A bill for an act relating to crime prevention; eliminating the prohibition on double bunking inmates at custody level five and six state correctional institutions; amending Minnesota Statutes 2002, section 243.53, subdivision 1.

 

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

 

 

Smith; Murphy; Rhodes; Fuller; Blaine; Strachan; Lipman; Anderson, J.; Soderstrom; Meslow and Powell introduced:

 

H. F. No. 382, A bill for an act relating to crime prevention; making the collection of biological specimens from offenders for the purpose of future DNA analysis permanent; amending Minnesota Statutes 2002, section 609.119.

 

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

 

 

Ozment; Erhardt; Tingelstad; Swenson; Anderson, I., and Hackbarth introduced:

 

H. F. No. 383, A bill for an act relating to appropriations; appropriating money for environmental and natural resources projects approved by the legislative commission on Minnesota resources; amending Minnesota Statutes 2002, sections 116P.09, subdivision 5; 116P.13, subdivision 1; 116P.14, subdivision 1.

 

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

 

 

Goodwin; Slawik; Koenen; Anderson, I.; Marquart; Thissen; Dorn; Sieben; Carlson; Mahoney; Hilty; Nelson, M.; Entenza; Wasiluk; Johnson, S.; Eken and Otremba introduced:

 

H. F. No. 384, A bill for an act relating to state government; placing limits on use of consultants; making changes in laws governing contracts, including contracts for professional or technical services; amending Minnesota Statutes 2002, sections 16A.11, subdivision 3; 16C.05, subdivision 2, by adding a subdivision; 16C.06, subdivision 1, by adding a subdivision; 16C.07; 16C.08, subdivisions 2, 3, by adding a subdivision; 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.

 

 

Fuller and Murphy introduced:

 

H. F. No. 385, A bill for an act relating to judiciary; providing a gross misdemeanor penalty for fifth degree arson when the conduct results in bodily harm to a person; updating the fine amount for a misdemeanor penalty; amending Minnesota Statutes 2002, section 609.5632.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 248

Holberg, Pugh, Rhodes, Abeler, Solberg, Sieben, Paymar, Wasiluk, Davnie, Lenczewski, Atkins and Latz introduced:

 

H. F. No. 386, A bill for an act relating to civil actions; modifying the limitation period for civil actions for personal injury based on childhood sexual abuse; amending Minnesota Statutes 2002, section 541.073.

 

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

 

 

Fuller and Lesch introduced:

 

H. F. No. 387, A bill for an act relating to crimes; establishing staggered sentencing program for DWI offenders; modifying other DWI-related provisions; amending Minnesota Statutes 2002, sections 169A.03, subdivision 21, by adding a subdivision; 169A.20, subdivision 2; 169A.275, subdivisions 3, 4, by adding a subdivision; 169A.40, subdivision 3; 169A.44; 169A.51, subdivision 5; 169A.54, subdivision 6; 169A.60, subdivisions 8, 13; 169A.63, subdivision 1; 609.135, subdivision 2; 629.471, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169A.

 

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

 

 

Abeler, Tingelstad, DeLaForest, Goodwin and Hackbarth introduced:

 

H. F. No. 388, A bill for an act relating to education finance; defining a locally controlled process for establishing hazardous traffic condition pupil transportation zones; authorizing a levy for certain hazardous pupil transportation services; amending Minnesota Statutes 2002, sections 123B.88, by adding a subdivision; 123B.92, by adding a subdivision.

 

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

 

 

Hornstein, Kelliher and Ellison introduced:

 

H. F. No. 389, A bill for an act relating to the city of Minneapolis; providing for the establishment of certain positions in the unclassified service of the city of Minneapolis by the Minneapolis city council.

 

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

 

 

Erickson, Solberg, Haas, Buesgens and Nornes introduced:

 

H. F. No. 390, A bill for an act relating to elections; eliminating the requirement for approval by the county auditor of an election conducted by mail; amending Minnesota Statutes 2002, section 204B.46.

 

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


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Olsen, S.; Erickson; Solberg; Haas and Buesgens introduced:

 

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.

 

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

 

 

Fuller and Lesch introduced:

 

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.

 

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

 

 

Goodwin introduced:

 

H. F. No. 393, A bill for an act relating to children; providing for an advisory task force on placement of high-risk youth; requiring a report.

 

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

 

 

Wardlow; Lesch; Johnson, J.; Rhodes; Buesgens; Otremba; Heidgerken and Sykora introduced:

 

H. F. No. 394, A bill for an act relating to municipalities; extending the maximum length of guaranteed energy savings contracts from ten to 15 years; amending Minnesota Statutes 2002, section 471.345, subdivision 13.

 

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

 

 

Abeler, Huntley, Lindner, Ellison, Tingelstad, Jaros, Nornes, Pugh, Gunther, Walker, Walz, Rhodes, Cornish and Haas introduced:

 

H. F. No. 395, A bill for an act relating to drivers' licenses; increasing and reallocating fees charged to reinstate revoked drivers' licenses; amending Minnesota Statutes 2002, section 171.29, subdivision 2.

 

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

 

 

Nelson, P., introduced:

 

H. F. No. 396, A bill for an act relating to highways; authorizing issuance of $6,800,000 in state trunk highway bonds for construction of a new bridge on marked trunk highway 95.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 250

Davids; Hoppe; Urdahl; Anderson, J.; Hausman; Ozment; Cornish and Kelliher introduced:

 

H. F. No. 397, A bill for an act relating to capital improvements; funding for the RIM conservation reserve program.

 

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

 

 

Wasiluk, Wagenius and Thissen introduced:

 

H. F. No. 398, A bill for an act relating to commerce; providing for portable fuel container spillage control; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Kuisle, Lieder and Holberg introduced:

 

H. F. No. 399, A bill for an act relating to motor vehicles; establishing procedures for authorization and issuance of special license plates; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Howes, Blaine, Lindgren, Walz and Fuller introduced:

 

H. F. No. 400, A bill for an act relating to natural resources; appropriating money for the Mississippi headwaters board.

 

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

 

 

Rukavina and Huntley introduced:

 

H. F. No. 401, A bill for an act relating to health; requiring the commissioner of health to seek federal approval for home delivery of WIC supplemental foods.

 

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

 

 

Carlson, Davnie, Eken, Bernardy, Greiling, Biernat, Latz, Slawik, Opatz, Pelowski, Goodwin, Mariani and Jaros introduced:

 

H. F. No. 402, A bill for an act relating to education; providing for a principled pay practices system; appropriating money; amending Minnesota Statutes 2002, section 122A.413; proposing coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2002, sections 122A.414; 122A.415.

 

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


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Solberg; Anderson, I., and Fuller introduced:

 

H. F. No. 403, A bill for an act relating to the county of Itasca; authorizing issuance of bonds for construction of a nursing home facility.

 

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

 

 

Kelliher introduced:

 

H. F. No. 404, A bill for an act relating to retirement; Minneapolis teachers retirement fund association; authorizing retroactive qualified part-time teacher program coverage for the 2001-2002 school year for an eligible teacher.

 

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

 

 

Erhardt introduced:

 

H. F. No. 405, A bill for an act relating to taxation; property; extending the phase-out of limited market value; amending Minnesota Statutes 2002, section 273.11, subdivision 1a.

 

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

 

 

Erhardt introduced:

 

H. F. No. 406, A bill for an act relating to levy limits; extending levy limits to taxes levied in 2003 and 2004; amending Minnesota Statutes 2002, section 275.71, subdivisions 2, 4, 5.

 

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

 

 

Howes, Tingelstad, Hackbarth, Kahn, Dill, Rhodes, Koenen, Cornish, Hoppe, Solberg, Hilty, Wasiluk, Samuelson, Lindgren, Cox, Peterson, Penas, Swenson, Strachan and Ozment introduced:

 

H. F. No. 407, A bill for an act relating to natural resources; moving the Minnesota conservation corps to the friends of the Minnesota conservation corps, an existing nonprofit corporation; transferring assets to the Minnesota conservation corps; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2002, sections 84.0887; 84.98; 84.99.

 

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

 

 

Mariani, Mahoney and Juhnke introduced:

 

H. F. No. 408, A bill for an act relating to education; requiring recitation of the pledge of allegiance in all public schools; providing for instruction in the proper etiquette, display, and respect of the United States flag; amending Minnesota Statutes 2002, sections 121A.11, by adding subdivisions; 124D.10, subdivision 8.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 252

Anderson, I., introduced:

 

H. F. No. 409, A bill for an act relating to state employees; requiring health coverage for state employees to permit unrestricted choice of health care provider; amending Minnesota Statutes 2002, section 43A.23, subdivision 1.

 

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

 

 

Abeler, Otremba, Samuelson, Nornes and Rhodes introduced:

 

H. F. No. 410, A bill for an act relating to human services; requiring specialized Alzheimer's disease training; providing for certain grants; requiring the development of nursing assistant training models; expanding Alzheimer's disease training for family caregivers; appropriating money; amending Minnesota Statutes 2002, sections 144A.04, by adding a subdivision; 144A.38, by adding a subdivision; 144A.45, by adding a subdivision; 144A.61, by adding a subdivision; 256B.0928; proposing coding for new law in Minnesota Statutes, chapter 144D.

 

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

 

 

Boudreau, Wilkin, Samuelson, Bradley and Huntley introduced:

 

H. F. No. 411, A bill for an act relating to human services; requiring the Minnesota board on aging to establish and administer a prescription drug assistance program; transferring appropriations; amending Minnesota Statutes 2002, section 256.975, by adding a subdivision.

 

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

 

 

Abeler, Bradley, Rhodes, Huntley, Otremba and Paymar introduced:

 

H. F. No. 412, A bill for an act relating to human services; changing a council on disability provision; amending Minnesota Statutes 2002, section 256.482, subdivision 8.

 

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

 

 

Samuelson, Bernardy, Goodwin, Tingelstad and Abeler introduced:

 

H. F. No. 413, A bill for an act relating to education; authorizing a levy for independent school district No. 14, Fridley.

 

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

 

 

Cox; Hackbarth; Otremba; Ozment; Rhodes; Tingelstad; Hoppe; Cornish; Kelliher; Nelson, P.; Finstad; Peterson; Harder; Magnus and Swenson introduced:

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 253

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.

 

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

 

 

Borrell introduced:

 

H. F. No. 415, A bill for an act relating to the metropolitan council; removing the city of Rockford from the jurisdiction of the metropolitan council; amending Minnesota Statutes 2002, sections 473.121, subdivision 2; 473.123, subdivision 3c.

 

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

 

 

Anderson, J.; Murphy; Strachan; Smith and Lesch introduced:

 

H. F. No. 416, A bill for an act relating to crime prevention; defining the crime of attempted manufacture of methamphetamine; prescribing penalties; amending Minnesota Statutes 2002, section 152.021, subdivision 2a; repealing Minnesota Statutes 2002, section 152.135, subdivision 4.

 

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

 

 

Pugh and Smith introduced:

 

H. F. No. 417, A bill for an act relating to family law; changing certain procedures for removal of a child's residence from Minnesota; amending Minnesota Statutes 2002, sections 518.1705, subdivision 7; 518.175, subdivision 3; 518.18.

 

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

 

 

DeLaForest, Adolphson, Nornes and Walz introduced:

 

H. F. No. 418, A bill for an act relating to motor vehicles; authorizing issuance of special "United We Stand" license plates; creating a Minnesota antiterrorism account and requiring annual contributions as a condition of using the special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Sykora, Abeler, Otremba, Boudreau and Bradley introduced:

 

H. F. No. 419, A bill for an act relating to human services; changing child care licensing provisions; amending Minnesota Statutes 2002, section 245A.14, subdivision 8.

 

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


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Wasiluk and Slawik introduced:

 

H. F. No. 420, A bill for an act relating to human services licensing; modifying requirements for location of adult foster care programs; amending Minnesota Statutes 2002, section 245A.11, by adding a subdivision.

 

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

 

 

Buesgens, Abrams, Heidgerken, Fuller, Severson, Nornes and Marquart introduced:

 

H. F. No. 421, A bill for an act relating to taxation; property; extending the valuation and tax deferment of open space to auto racing tracks; amending Minnesota Statutes 2002, section 273.112, subdivision 3.

 

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

 

 

Abeler, Juhnke, Wilkin and Swenson introduced:

 

H. F. No. 422, A bill for an act relating to education; removing certain restrictions on distribution of staff development revenue; amending Minnesota Statutes 2002, sections 122A.60, subdivisions 1, 3; 122A.61, subdivision 1.

 

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

 

 

Abeler introduced:

 

H. F. No. 423, A bill for an act relating to education finance; reducing the required revenue reserved for staff development activities from two percent to one percent of a district's basic general education revenue; amending Minnesota Statutes 2002, section 122A.61, subdivision 1.

 

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

 

 

Nelson, C.; Seagren; Biernat; Demmer; Sykora; Erickson; Borrell; Kuisle; Bradley and Brod introduced:

 

H. F. No. 424, A bill for an act relating to education; revising charter school leave provisions; amending Minnesota Statutes 2002, section 124D.10, subdivision 20.

 

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

 

 

Wasiluk, Lenczewski and Slawik introduced:

 

H. F. No. 425, A bill for an act relating to human services licensing; modifying requirements for location of residential programs; amending Minnesota Statutes 2002, section 245A.11, subdivision 4.

 

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


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 255

MOTIONS AND RESOLUTIONS

 

 

Olsen, S., moved that the name of Bernardy be added as an author on H. F. No. 120. The motion prevailed.

 

Carlson moved that the name of Brod be added as an author on H. F. No. 127. The motion prevailed.

 

Sertich moved that the name of Sieben be added as an author on H. F. No. 134. The motion prevailed.

 

Seifert moved that the names of Koenen, Peterson and Erickson be added as authors on H. F. No. 162. The motion prevailed.

 

Jaros moved that the name of Peterson be added as an author on H. F. No. 178. The motion prevailed.

 

Olsen, S., moved that the name of Bernardy be added as an author on H. F. No. 202. The motion prevailed.

 

Ellison moved that the name of Bernardy be added as an author on H. F. No. 218. The motion prevailed.

 

Rhodes moved that the name of Lesch be added as an author on H. F. No. 232. The motion prevailed.

 

Paulsen moved that the name of Nelson, P., be added as an author on H. F. No. 250. The motion prevailed.

 

Walz moved that the name of Abeler be added as an author on H. F. No. 265. The motion prevailed.

 

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

 

Lenczewski moved that the name of Slawik be added as an author on H. F. No. 281. The motion prevailed.

 

Beard moved that the names of Nelson, P., and Abeler be added as authors on H. F. No. 282. The motion prevailed.

 

Vandeveer moved that the names of Larson and Brod be added as authors on H. F. No. 283. The motion prevailed.

 

Dempsey moved that the name of Nelson, P., be added as an author on H. F. No. 293. The motion prevailed.

 

Eastlund moved that the names of Nelson, P., and Larson be added as authors on H. F. No. 294. The motion prevailed.

 

Haas moved that the name of Larson be added as an author on H. F. No. 297. The motion prevailed.

 

Paymar moved that the name of Abeler be added as an author on H. F. No. 309. The motion prevailed.

 

Hackbarth moved that the name of Abeler be added as an author on H. F. No. 316. The motion prevailed.

 

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

 

Hackbarth moved that the names of McNamara and Abeler be added as authors on H. F. No. 327. The motion prevailed.


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 256

Sviggum moved that the names of Nelson, P.; Harder and Abeler be added as authors on H. F. No. 330. The motion prevailed.

 

Howes moved that the name of Nornes be added as an author on H. F. No. 331. The motion prevailed.

 

Ozment moved that the name of Lenczewski be added as an author on H. F. No. 336. The motion prevailed.

 

Lindner moved that the names of Severson and Borrell be added as authors on H. F. No. 341. The motion prevailed.

 

Buesgens moved that the name of Strachan be added as an author on H. F. No. 342. The motion prevailed.

 

Greiling moved that the names of Davnie, Wasiluk, Clark, Mahoney, Thissen, Kelliher and Larson be added as authors on H. F. No. 345. The motion prevailed.

 

Abeler moved that the name of Slawik be added as an author on H. F. No. 346. The motion prevailed.

 

Eastlund moved that the names of Erickson; Wardlow; Anderson, J.; Nelson, P.; Nornes and Westerberg be added as authors on H. F. No. 347. The motion prevailed.

 

Kielkucki moved that the name of Westerberg be added as an author on H. F. No. 348. The motion prevailed.

 

Lieder moved that the names of Anderson, I.; Kelliher and Westerberg be added as authors on H. F. No. 353. The motion prevailed.

 

Rukavina moved that the name of Clark be added as an author on H. F. No. 357. The motion prevailed.

 

Fuller moved that the name of Nornes be added as an author on H. F. No. 364. The motion prevailed.

 

Johnson, J., moved that the names of Wilkin and Westerberg be added as authors on H. F. No. 365. The motion prevailed.

 

Howes moved that H. F. No. 39 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

 

Walz moved that H. F. No. 265 be returned to its author. The motion prevailed.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the following appointments and changes in committee assignments:

 

Health and Human Services Policy: Add the name of Powell.

 

Judiciary Policy and Finance: Add the name of Powell.

 

Local Government and Metropolitan Affairs: Delete the name of Holberg.

 

Regulated Industries: Add the name of Powell.

 

Ways and Means: Add the name of Swenson.


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 257

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 17, 2003. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, February 17, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 16th Day - Thursday, February 13, 2003 - Top of Page 258