EIGHTY-FOURTH SESSION FIFTEENTH DAY

Transcription

1 15TH DAY] MONDAY, FEBRUARY 14, STATE OF MINNESOTA EIGHTY-FOURTH SESSION FIFTEENTH DAY SAINT PAUL, MINNESOTA, MONDAY, FEBRUARY 14, 2005 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 Father Mike Tegeder, St. Edward's Catholic Church, Bloomington, 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 Anderson, B. Anderson, I. Atkins Beard Bernardy Blaine Bradley Brod Buesgens Carlson Charron Clark Cornish Cox Cybart Davids Davnie Dean DeLaForest Demmer Dempsey Dill Dittrich Dorman Dorn Eastlund Eken Ellison Emmer Entenza Erhardt Erickson Finstad Fritz Garofalo Gazelka Goodwin Greiling Gunther Hackbarth Hamilton Hansen Hausman Heidgerken Hilstrom Hilty Holberg Hoppe Hornstein Hortman Hosch Howes Huntley Jaros Johnson, J. Johnson, R. Johnson, S. Juhnke Kahn Kelliher Knoblach Koenen Kohls Krinkie Lanning Larson Latz Lenczewski Lesch Liebling Lieder Lillie Loeffler Magnus Mahoney Mariani Marquart McNamara Moe Mullery Murphy Nelson, M. Nelson, P. Newman Nornes Olson Opatz Otremba Ozment Paulsen Paymar Pelowski Penas Peppin Peterson, A. Peterson, N. Peterson, S. Poppe Powell Rukavina Ruth Ruud Sailer Samuelson Scalze Seifert Sertich Severson Sieben Simon Simpson Slawik Smith Soderstrom Solberg Sykora Thao Thissen Tingelstad Urdahl Vandeveer Wagenius Walker Wardlow Welti Westerberg Westrom Wilkin Zellers Spk. Sviggum A quorum was present. Klinzing and Meslow were excused. The Chief Clerk proceeded to read the Journal of the preceding day. Nornes moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

2 404 JOURNAL OF THE HOUSE [15TH DAY REPORTS OF CHIEF CLERK S. F. No. 75 and H. F. No. 298, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Peterson, N., moved that the rules be so far suspended that S. F. No. 75 be substituted for H. F. No. 298 and that the House File be indefinitely postponed. The motion prevailed. REPORTS OF STANDING COMMITTEES Erhardt from the Committee on Transportation to which was referred: H. F. No. 254, A bill for an act relating to highways; amending description of Legislative Route No. 143; amending Minnesota Statutes 2004, section , subdivision 74. Reported the same back with the recommendation that the bill pass. The report was adopted. Westrom from the Committee on Regulated Industries to which was referred: H. F. No. 286, A bill for an act relating to liquor; providing for conformity in license fees and production levels for brewpubs and small brewers; authorizing issuance of temporary licenses to small brewers; authorizing off-sale of growlers by small brewers; modifying sampling provisions; providing that the on-sale license for Elko Speedway authorizes sales on all days of the week; changing the issuer of a certain license at the state fair; authorizing the city of Duluth to issue a liquor license for Wade Municipal Stadium; authorizing the city of St. Paul to issue a liquor license for special events at the State Capitol; amending Minnesota Statutes 2004, sections 340A.301, subdivisions 6, 7; 340A.404, subdivision 10; 340A.510, subdivision 2; Laws 2003, chapter 126, sections 28, 29; proposing coding for new law in Minnesota Statutes, chapter 340A. Reported the same back with the following amendments: Page 1, line 31, delete "3,400" and insert "3,500" Page 5, line 33, before "shall" insert ", subdivisions 1 to 3a," Pages 5 to 7, delete section 4 Page 9, line 2, delete "5, 7" and insert "4, 6" Page 9, line 3, delete "8, 9, and 10" and insert "7, 8, and 9" Page 9, line 4, delete "6" and insert "5" Renumber the sections in sequence

3 15TH DAY] MONDAY, FEBRUARY 14, Amend the title as follows: Page 1, lines 6 and 7, delete "modifying sampling provisions;" Page 1, lines 15 and 16, delete "340A.510, subdivision 2;" With the recommendation that when so amended the bill pass. The report was adopted. Hackbarth from the Committee on Environment and Natural Resources to which was referred: H. F. No. 417, A bill for an act relating to game and fish; authorizing the commissioner of natural resources to give preference in certain hunting and fishing license and permit lotteries to military service members and veterans; amending Minnesota Statutes 2004, section 97A.465, by adding a subdivision. Reported the same back with the following amendments: Page 1, lines 24 and 25, delete the first comma and insert "and" and delete ", and special permits" Page 1, line 26, delete "or" and insert a comma and after "elk" insert ", or prairie chickens" With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs. The report was adopted. Davids from the Committee on Agriculture and Rural Development to which was referred: H. F. No. 426, A bill for an act relating to agriculture; extending and codifying the expiration date of the farmerlender mediation program; proposing coding for new law in Minnesota Statutes, chapter 583; repealing Laws 1986, chapter 398, article 1, section 18, as amended. Reported the same back with the recommendation that the bill pass. The report was adopted. Davids from the Committee on Agriculture and Rural Development to which was referred: H. F. No. 540, A bill for an act relating to agriculture; directing commissioner of agriculture to conduct a study regarding a rail container load-out facility in or near Willmar. Reported the same back with the following amendments:

4 406 JOURNAL OF THE HOUSE [15TH DAY Page 1, line 7, after "agriculture" insert ", in close consultation with the commissioner of transportation," With the recommendation that when so amended the bill pass and be re-referred to the Committee on Agriculture, Environment and Natural Resources Finance. The report was adopted. Olson from the Committee on Local Government to which was referred: H. F. No. 544, A bill for an act relating to local government; providing that appointees to advisory boards may be under 21; proposing coding for new law in Minnesota Statutes, chapter 471. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. [ ] [APPOINTEES TO ADVISORY BOARDS; AGE QUALIFICATIONS.] The governing body or a subordinate authority of a statutory or home rule charter city, county, or township, including both the town board and the annual town meeting, may appoint one person between 16 and 21 years of age to serve on any advisory board it establishes. The governing body or subordinate authority must not appoint more than one person between 16 and 21 years of age unless there are other open positions and no other interested and qualified candidates. This section does not apply to youth advisory boards or commissions." With the recommendation that when so amended the bill pass. The report was adopted. Olson from the Committee on Local Government to which was referred: H. F. No. 558, A bill for an act relating to metropolitan government; providing for the election of the Metropolitan Council; amending Minnesota Statutes 2004, sections 10A.01, subdivision 10; 10A.09, subdivision 6a; 10A.25, subdivision 2; 10A.27, subdivision 1; 10A.315; 10A.323; 10A.324, subdivision 1; , subdivision 1; 204B.06, subdivision 4; 204B.09, subdivisions 1, 1a; 204B.11; 204B.135, subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 204D.27, by adding a subdivision; , subdivision 1; 211A.01, subdivision 3; 211B.01, subdivision 3; 353D.01, subdivision 2; , subdivision 1; , subdivisions 1, 4, 7, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 10A; 204D; 473; repealing Minnesota Statutes 2004, section , subdivisions 2a, 3, 3a; Laws 1994, chapter 628, article 1, section 8; Laws 2003, chapter 8, section 2. Reported the same back with the following amendments: Page 17, delete section 24 Page 18, line 36, delete "$12,000" and insert "$20,000"

5 15TH DAY] MONDAY, FEBRUARY 14, Page 21, line 2, delete "30" and insert "29" Renumber the sections in sequence Amend the title as follows: Page 1, line 13, delete "375.09, subdivision 1;" With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Law and Elections. The report was adopted. Erhardt from the Committee on Transportation to which was referred: H. F. No. 577, A bill for an act relating to transportation; modifying provisions relating to the use of freeway or expressway shoulders by transit buses and authorizing the commissioner of transportation to allow such use by metro mobility buses; amending Minnesota Statutes 2004, section Reported the same back with the following amendments: Page 2, line 10, after "by" insert "the Metropolitan Council, or operated by" With the recommendation that when so amended the bill pass. The report was adopted. Westrom from the Committee on Regulated Industries to which was referred: S. F. No. 206, A bill for an act relating to liquor; authorizing a city to issue an off-sale license in a certain area; amending Minnesota Statutes 2004, section 340A.412, subdivision 4. Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar. The report was adopted. Erhardt from the Committee on Transportation to which was referred: S. F. No. 225, A bill for an act relating to highways; authorizing turnback of Legislative Route No. 268 in Pipestone County; repealing Minnesota Statutes 2004, section , subdivision 199. Reported the same back with the recommendation that the bill pass. The report was adopted.

6 408 JOURNAL OF THE HOUSE [15TH DAY Erhardt from the Committee on Transportation to which was referred: S. F. No. 234, A bill for an act relating to highways; providing for turnback of highway to Becker County. Reported the same back with the recommendation that the bill pass. The report was adopted. SECOND READING OF HOUSE BILLS H. F. Nos. 254, 286, 426, 544 and 577 were read for the second time. SECOND READING OF SENATE BILLS S. F. Nos. 75, 206, 225 and 234 were read for the second time. INTRODUCTION AND FIRST READING OF HOUSE BILLS The following House Files were introduced: Mullery introduced: H. F. No. 978, A bill for an act relating to early childhood education; making collaborative parent-infant services a condition for hospital licensure; amending Minnesota Statutes 2004, section , by adding a subdivision. The bill was read for the first time and referred to the Committee on Health Policy and Finance. Abeler, Eken, Bradley and Huntley introduced: H. F. No. 979, A bill for an act relating to medical assistance; requiring medical assistance to cover medication therapy management services; amending Minnesota Statutes 2004, section 256B.0625, by adding a subdivision. The bill was read for the first time and referred to the Committee on Health Policy and Finance. Wilkin; Abeler; Huntley; Bradley; Nelson, P.; Entenza; Ellison; Sviggum; Samuelson and Emmer introduced: H. F. No. 980, A bill for an act relating to human services; modifying programs and services for persons with disabilities; amending Minnesota Statutes 2004, sections , subdivision 2a; 256B.04, by adding a subdivision; 256B.056, subdivisions 3, 5c; 256B.057, subdivision 9; 256B.0575; 256B.0621, subdivisions 4, 6, by adding a subdivision; 256B.0625, subdivision 9; 256B.0916, by adding a subdivision; 256B.092, subdivisions 2a, 4b;

7 15TH DAY] MONDAY, FEBRUARY 14, B.35, subdivision 1; 256B.49, subdivisions 13, 16; 256B.5012, by adding a subdivision; 256B.69, subdivision 23; 256B.765; 256D.03, subdivision 4; 256L.03, subdivisions 1, 5, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256. The bill was read for the first time and referred to the Committee on Health Policy and Finance. Cox, Lenczewski and Erhardt introduced: H. F. No. 981, A bill for an act relating to health; imposing a cigarette cost mitigation fee; amending Minnesota Statutes 2004, section 325D.32, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 62J. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Tingelstad, Hortman, Dittrich, Lenczewski and Simon introduced: H. F. No. 982, A bill for an act relating to public finance; extending the sunset on establishing housing improvement areas; requiring reports; amending Minnesota Statutes 2004, section 428A.21; proposing coding for new law in Minnesota Statutes, chapter 428A. The bill was read for the first time and referred to the Committee on Local Government. Ruth, Mahoney, Slawik, Sertich and Gunther introduced: H. F. No. 983, A bill for an act relating to labor; appropriating money for grants to the Vinland Center for rehabilitation services. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Gunther, Hosch, Westerberg and Mahoney introduced: H. F. No. 984, A bill for an act relating to economic development; appropriating money for a grant to administer a statewide program for youth job skills development. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Anderson, I., and Rukavina introduced: H. F. No. 985, A bill for an act relating to highways; appropriating money to continue operations of safety rest areas. The bill was read for the first time and referred to the Committee on Transportation Finance.

8 410 JOURNAL OF THE HOUSE [15TH DAY Nelson, M.; Larson; Carlson; Hilstrom; Peterson, S.; Simon and Lenczewski introduced: H. F. No. 986, A bill for an act relating to economic development; redefining low-income area for the purpose of the urban initiative program; amending Minnesota Statutes 2004, section 116M.14, subdivision 4. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Sieben, Fritz, Charron, Thao, Hilstrom, Slawik, Hausman, Clark, Mahoney, Erhardt, Cox and Krinkie introduced: H. F. No. 987, 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, chapters 245A; 325F. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Lesch; Smith; Emmer; Latz; Hoppe; Hilstrom; Newman; Murphy; Nelson, M., and Thao introduced: H. F. No. 988, A bill for an act relating to crimes; making it a crime for a gang member to commit a crime against a child; imposing criminal penalties; amending Minnesota Statutes 2004, section , subdivision 3, and by adding a subdivision. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Vandeveer introduced: H. F. No. 989, A bill for an act relating to gambling; prohibiting location of a state-operated or state-licensed gambling facility in a city unless the voters of the city have approved the facility in a referendum. The bill was read for the first time and referred to the Committee on Regulated Industries. Emmer introduced: H. F. No. 990, A bill for an act relating to Wright County; deleting land from Wild, Scenic, and Recreational River District. The bill was read for the first time and referred to the Committee on Environment and Natural Resources. Heidgerken; Ozment; Juhnke; Urdahl; Davids; Rukavina; Westrom; Demmer; Peterson, A.; Hosch; Marquart; Gunther; Simpson; Krinkie; Newman; Magnus; Nornes; Penas; Severson; Dill; Hamilton; Blaine; Cornish; Dorman; Otremba; Koenen; Poppe; Eken and Finstad introduced: H. F. No. 991, A bill for an act relating to taxes; providing a credit for a taxpayer that installs equipment to dispense E85 motor vehicle fuel at retail; appropriating money; amending Minnesota Statutes 2004, section , by adding a subdivision. The bill was read for the first time and referred to the Committee on Taxes.

9 15TH DAY] MONDAY, FEBRUARY 14, Vandeveer, Hornstein, Clark, Abeler, Davids and Cox introduced: H. F. No. 992, A bill for an act relating to property taxation; providing for use of household income for computing property taxes on homesteads; appropriating money; amending Minnesota Statutes 2004, sections 126C.01, subdivision 3; 127A.48, by adding a subdivision; , subdivisions 22, 23, by adding a subdivision; , subdivision 3; , subdivision 1a; , subdivision 1; ; ; , subdivisions 2, 3; ; proposing coding for new law in Minnesota Statutes, chapters 273; 477A; repealing Minnesota Statutes 2004, section , subdivision 1. The bill was read for the first time and referred to the Committee on Taxes. Vandeveer and Dean introduced: H. F. No. 993, A bill for an act relating to taxation; abolishing the estate tax; amending Minnesota Statutes 2004, sections 289A.01; 289A.60, subdivision 2a; ; repealing Minnesota Statutes 2004, sections 289A.10; 289A.18, subdivision 3; 289A.19, subdivision 4; 289A.20, subdivision 3; 289A.30, subdivision 2; 289A.31, subdivision 6; 289A.38, subdivision 3; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; The bill was read for the first time and referred to the Committee on Taxes. Lanning; Hilstrom; Johnson, S.; Holberg; Peterson, N.; Mahoney; Atkins and Abeler introduced: H. F. No. 994, A bill for an act relating to local government; modifying the compensation limit for political subdivision employees; amending Minnesota Statutes 2004, sections 43A.17, subdivision 9; , subdivision 1. The bill was read for the first time and referred to the Committee on Local Government. Erhardt; Paymar; Thao; Peterson, N.; Lanning; Powell; Simon; Loeffler and Abeler introduced: H. F. No. 995, A bill for an act relating to local government; repealing the compensation limit for local government employees; amending Minnesota Statutes 2004, sections , subdivision 1; , subdivision 9; repealing Minnesota Statutes 2004, section 43A.17, subdivision 9. The bill was read for the first time and referred to the Committee on Local Government. Ellison, Soderstrom, Eastlund, Walker and Latz introduced: H. F. No. 996, A bill for an act relating to drivers' licenses; modifying license reinstatement provisions; amending Minnesota Statutes 2004, section , subdivision 2. The bill was read for the first time and referred to the Committee on Transportation.

10 412 JOURNAL OF THE HOUSE [15TH DAY Howes and Hackbarth introduced: H. F. No. 997, A bill for an act relating to financial institutions; authorizing a detached facility in Burns Township under certain conditions. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Rukavina; Hilty; Howes; Anderson, I.; Peterson, A., and Dill introduced: H. F. No. 998, A bill for an act relating to public safety; prohibiting quotas for issuing traffic and vehicle inspection citations; amending Minnesota Statutes 2004, section 299D.08. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Bradley, Demmer, Welti and Liebling introduced: H. F. No. 999, A bill for an act relating to the city of Rochester; providing for additional uses for the city sales and use tax revenues; increasing bonding authorization; amending Laws 1998, chapter 389, article 8, section 43, subdivisions 3, 4. The bill was read for the first time and referred to the Committee on Taxes. Clark, Gunther, Slawik, Mahoney and Sertich introduced: H. F. No. 1000, A bill for an act relating to employment and economic development; appropriating money for grants for minority business development programs and for purposes of the Procurement Technical Assistance Center. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Simpson, Moe, Sailer, Gazelka and Howes introduced: H. F. No. 1001, A bill for an act relating to taxation; delaying date by which taxes on certain resort property must be paid; amending Minnesota Statutes 2004, sections , subdivision 1; , subdivision 1, by adding a subdivision. The bill was read for the first time and referred to the Committee on Taxes. Gazelka, Moe, Hornstein, Sailer and Howes introduced: H. F. No. 1002, A bill for an act relating to tourism; appropriating money for tourism marketing. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

11 15TH DAY] MONDAY, FEBRUARY 14, Wilkin, Brod, Atkins and Kohls introduced: H. F. No. 1003, A bill for an act relating to commerce; regulating service contracts and contract providers; providing exceptions; proposing coding for new law as Minnesota Statutes, chapter 59B. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Thissen and Newman introduced: H. F. No. 1004, A bill for an act relating to regulated industries; providing a grant for research; appropriating money. The bill was read for the first time and referred to the Committee on Regulated Industries. Ruth, Gunther, Clark, Hoppe, Slawik and Cybart introduced: H. F. No. 1005, A bill for an act relating to appropriations; appropriating money for a grant to Women Venture. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Anderson, I.; Solberg and Lieder introduced: H. F. No. 1006, A bill for an act relating to motor fuels; increasing rates of motor fuel taxes; appropriating money for highways 53 and 169; amending Minnesota Statutes 2004, sections 296A.07, subdivision 3; 296A.08, subdivision 2. The bill was read for the first time and referred to the Committee on Transportation Finance. Hilty, Brod, Kahn, DeLaForest and Slawik introduced: H. F. No. 1007, A bill for an act relating to elections; providing for the postelection security and certification review to apply to federal constitutional and legislative offices; amending Minnesota Statutes 2004, section 204C.50, subdivision 1; repealing Minnesota Statutes 2004, section 204C.50, subdivision 7. The bill was read for the first time and referred to the Committee on Civil Law and Elections. Vandeveer introduced: H. F. No. 1008, A bill for an act relating to adoption; changing certain provisions concerning communication or contact agreements; amending Minnesota Statutes 2004, section The bill was read for the first time and referred to the Committee on Civil Law and Elections.

12 414 JOURNAL OF THE HOUSE [15TH DAY Kahn, Erickson and Solberg introduced: H. F. No. 1009, A bill for an act relating to gambling; authorizing the State Lottery to lease space for and operate a casino in the main terminal of the Minneapolis-St. Paul International Airport; appropriating money; amending Minnesota Statutes 2004, sections 349A.01, by adding a subdivision; 349A.10, subdivisions 2, 3, 5; 349A.11, subdivision 1; ; ; , subdivision 3; , subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A. The bill was read for the first time and referred to the Committee on Regulated Industries. Abeler and Hilstrom introduced: H. F. No. 1010, A bill for an act relating to education; requiring notice when a school or district uses certain pools for competitive high school diving; amending Minnesota Statutes 2004, section 123B.492. The bill was read for the first time and referred to the Committee on Education Policy and Reform. Kahn, Erhardt, Murphy, Hornstein and Paymar introduced: H. F. No. 1011, A bill for an act relating to state government; requiring state agencies to take certain actions to promote bicycle commuting by state employees; proposing coding for new law in Minnesota Statutes, chapter 16B. The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs. Kahn, Erhardt, Goodwin, Beard and Hornstein introduced: H. F. No. 1012, A bill for an act relating to traffic regulations; regulating motorized scooters; amending Minnesota Statutes 2004, sections , subdivision 1; , by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169. The bill was read for the first time and referred to the Committee on Transportation. Kahn, Davids, Ellison, Huntley, Hilty, Jaros, Clark, Goodwin and Liebling introduced: H. F. No. 1013, A bill for an act relating to insurance; regulating the use of genetic information; providing enforcement authority; amending Minnesota Statutes 2004, section 72A.139. The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Clark, Ellison, Soderstrom, Samuelson, Walker and Eastlund introduced: H. F. No. 1014, A bill for an act relating to crime prevention; providing for an aggressive initiative against impaired driving and chemical dependency; increasing the tax on alcoholic beverages to fund this initiative; eliminating obsolete language and making technical corrections; appropriating money; amending Minnesota Statutes 2004, sections 169A.275, subdivision 5; 169A.284, subdivision 1; 169A.54, subdivision 11; 169A.70, subdivisions

13 15TH DAY] MONDAY, FEBRUARY 14, , 3, by adding subdivisions; 254B.01, subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, subdivisions 1, 4; 254B.04, subdivisions 1, 3; 254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 2; 297G.04, subdivisions 1, 2; 299A.62, subdivisions 1, 2; , subdivision 8; , by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 373; 609; repealing Minnesota Statutes 2004, sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Juhnke introduced: H. F. No. 1015, A bill for an act relating to commerce; adding roofing contractors to the building contractors recovery fund; amending Minnesota Statutes 2004, section The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Ozment introduced: H. F. No. 1016, A bill for an act relating to education; allowing a school district to apply general provisions of the Pupil Fair Dismissal Act to a child whose parent refuses to consent to an initial evaluation; amending Minnesota Statutes 2004, section 125A.091, subdivision 5. The bill was read for the first time and referred to the Committee on Education Policy and Reform. Paymar; Hornstein; Opatz; Greiling; Wagenius; Johnson, S.; Scalze; Sailer; Hausman; Goodwin and Kahn introduced: H. F. No. 1017, A bill for an act relating to advertising; regulating advertising adjacent to certain highways; amending Minnesota Statutes 2004, sections ; , subdivisions 1, 8; , subdivision 1; The bill was read for the first time and referred to the Committee on Transportation. Demmer introduced: H. F. No. 1018, A bill for an act relating to education; allowing a school district to terminate the enrollment of a nonresident enrollment options student during the school year; amending Minnesota Statutes 2004, sections 124D.03, subdivision 12; 260C.143, subdivision 1. The bill was read for the first time and referred to the Committee on Education Policy and Reform. Hansen; Cox; Peterson, A.; McNamara; Juhnke; Hoppe and Ozment introduced: H. F. No. 1019, A bill for an act relating to drainage; extending grass bank buffer zone requirement for ditches; amending Minnesota Statutes 2004, section 103E.021, subdivision 1. The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

14 416 JOURNAL OF THE HOUSE [15TH DAY Atkins and Wilkin introduced: H. F. No. 1020, A bill for an act relating to public safety; crime prevention; regulating the sale and possession of controlled substances; increasing penalties for the sale and possession of steroids; amending Minnesota Statutes 2004, section , subdivisions 4, 5. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Wilkin introduced: H. F. No. 1021, A bill for an act relating to the legislature; establishing a schedule for meeting and consideration of bills; forbidding meetings of the legislature in even-numbered years; amending Minnesota Statutes 2004, section The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs. Kelliher, Liebling, Davnie, Slawik and Sieben introduced: H. F. No. 1022, A bill for an act relating to health; requiring hospital emergency rooms to provide emergency contraception, prophylactic antibiotics, and information to sexual assault victims; proposing coding for new law in Minnesota Statutes, chapter 145. The bill was read for the first time and referred to the Committee on Health Policy and Finance. Johnson, R.; Mariani; Greiling; Sykora; Heidgerken; Eken; Dorn and Koenen introduced: H. F. No. 1023, A bill for an act relating to education finance; authorizing a grant to establish supportive community partnerships; appropriating money. The bill was read for the first time and referred to the Committee on Education Finance. Hoppe, McNamara, Dill, Hackbarth, Howes and Peterson, A., introduced: H. F. No. 1024, A bill for an act relating to game and fish; permitting use of artificial lights to bow fish for rough fish; amending Minnesota Statutes 2004, section 97C.335. The bill was read for the first time and referred to the Committee on Environment and Natural Resources. McNamara and Hackbarth introduced: H. F. No. 1025, A bill for an act relating to natural resources; making fishing licenses issued to nonresidents who are domiciled in certain states invalid for game fish species during the first 14 days of the fishing season; prohibiting purchase of certain fishing licenses by nonresidents from certain states; requiring a boat access fee for residents of certain states; amending Minnesota Statutes 2004, sections 97A.411, subdivision 1; 97A.475, subdivision 7, by adding a subdivision. The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

15 15TH DAY] MONDAY, FEBRUARY 14, Rukavina, Westrom, Sertich, Kelliher and Dill introduced: H. F. No. 1026, A bill for an act relating to energy; expanding definition of farm-grown closed-loop biomass; amending conditions for Public Utilities Commission approval of a pending request for a biomass project; amending Minnesota Statutes 2004, section 216B.2424, subdivisions 1, 2, 5a, 6, 8. The bill was read for the first time and referred to the Committee on Regulated Industries. Vandeveer introduced: H. F. No. 1027, A resolution requesting the Congressional delegation of the State of Minnesota give first priority to supporting and passing the defense appropriations bill first. The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs. Vandeveer introduced: H. F. No. 1028, A resolution memorializing the United States Senators of the State of Minnesota to support the President's nominees to the United States Supreme Court. The bill was read for the first time and referred to the Committee on Civil Law and Elections. Vandeveer introduced: H. F. No. 1029, A resolution memorializing the Congressional Delegation of the State of Minnesota to support the President's call for legal reform. The bill was read for the first time and referred to the Committee on Civil Law and Elections. Vandeveer introduced: H. F. No. 1030, A resolution requesting the United States Congress to support a repeal of the federal excise tax on telecommunications. The bill was read for the first time and referred to the Committee on Taxes. Zellers; Smith; Johnson, J.; Ellison and Paymar introduced: H. F. No. 1031, A bill for an act relating to crimes; defining coercion for purposes of the criminal sexual conduct law to include use of physical confinement or strength to submit the complainant to unlawful sexual conduct; authorizing stepparents to assist a minor in seeking a restraining order; waiving fees for sexual assault victims to obtain a restraining order; modifying laws prohibiting harassing behavior by including new forms of technology used by stalkers to harass victims to be included within the prohibitions of the law; amending Minnesota Statutes 2004, sections , subdivision 14; , subdivisions 2, 3a; , subdivision 2; , subdivision 2; , by adding a subdivision. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance.

16 418 JOURNAL OF THE HOUSE [15TH DAY Dorman and Poppe introduced: H. F. No. 1032, A bill for an act relating to natural resources; appropriating money for a flood damage mitigation engineering study. The bill was read for the first time and referred to the Committee on Agriculture, Environment and Natural Resources Finance. Peterson, A., and Koenen introduced: H. F. No. 1033, A bill for an act relating to education; authorizing a severance levy for Independent School District No. 2853, Lac qui Parle Valley. The bill was read for the first time and referred to the Committee on Education Finance. Garofalo, Sertich, Gunther, Wilkin and Mahoney introduced: H. F. No. 1034, A bill for an act relating to appropriations; appropriating money for extended employment services; increasing a reimbursement rate. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance. Abrams introduced: H. F. No. 1035, A bill for an act relating to property taxation; converting the state general tax on commercialindustrial property to a tax based on land value; amending Minnesota Statutes 2004, section , subdivision 4, by adding a subdivision. The bill was read for the first time and referred to the Committee on Taxes. Seifert and Kahn introduced: H. F. No. 1036, A bill for an act relating to state government; the Office of Administrative Hearings; providing state copies of Minnesota Rules to the office; regulating hearings and cases; providing rulemaking; assessing costs; amending Minnesota Statutes 2004, sections 14.47, subdivision 8; 14.50; 14.51; 14.53; 14.62, subdivision 2a; , subdivision 1. The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs. Marquart and Eken introduced: H. F. No. 1037, A bill for an act relating to tax increment financing; providing for establishment of redevelopment districts in the city of Detroit Lakes subject to certain rules. The bill was read for the first time and referred to the Committee on Taxes.

17 15TH DAY] MONDAY, FEBRUARY 14, Simpson, Howes, Dill, Davids, Moe and Magnus introduced: H. F. No. 1038, A bill for an act relating to appropriations; reinstating the beaver damage control grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F. The bill was read for the first time and referred to the Committee on Agriculture, Environment and Natural Resources Finance. Ellison, Soderstrom, Paymar and Walker introduced: H. F. No. 1039, A bill for an act relating to crimes; requiring mandatory diversion for certain controlled substance offenses; amending Minnesota Statutes 2004, section , subdivision 1. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Finstad, Thao, Greiling, Eken and Samuelson introduced: H. F. No. 1040, A bill for an act relating to human services; creating a task force to discuss collaboration between schools and mental health providers. The bill was read for the first time and referred to the Committee on Health Policy and Finance. Lanning; Marquart; Peterson, A., and Lieder introduced: H. F. No. 1041, A bill for an act relating to border city enterprise zones; amending Minnesota Statutes 2004, sections , subdivisions 1, 2; , by adding a subdivision. The bill was read for the first time and referred to the Committee on Taxes. Rukavina; Otremba; Heidgerken; Finstad; Hoppe; Smith; Anderson, B.; Erickson; Davids and Zellers introduced: H. F. No. 1042, A bill for an act relating to the State Lottery; authorizing the director of the State Lottery to establish video lottery terminals; providing duties and powers to the director of the State Lottery; providing for the use of video lottery revenues; amending Minnesota Statutes 2004, sections 297E.02, subdivision 1; 299L.02, subdivision 1; , subdivision 1; 349A.01, subdivisions 10, 11, 12, by adding subdivisions; 349A.06, subdivisions 1, 5, 8, 10, by adding subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4; 349A.11, subdivision 1; 349A.12, subdivisions 1, 2; 349A.13; , subdivision 1; , subdivision 4; , subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A; repealing Minnesota Statutes 2004, sections 297E.01, subdivision 7; 297E.02, subdivisions 4, 6, 7. The bill was read for the first time and referred to the Committee on Regulated Industries.

18 420 JOURNAL OF THE HOUSE [15TH DAY Emmer and Atkins introduced: H. F. No. 1043, A bill for an act relating to corporations; recodifying and modernizing the law regulating the formation, structure, and operation of certain corporations; making miscellaneous technical and clarifying changes; amending Minnesota Statutes 2004, sections 47.12; 47.15; 47.16; 48.02; 48.03; ; 48.04; 48.06; 48.07; 48A.01, subdivision 1; 48A.04, subdivisions 1, 3; 49.41; ; 50.06; , subdivision 1; 51A.03, subdivision 2b; 51A.131; 51A.17; 51A.21, subdivision 1; , subdivision 1; , subdivision 3; , subdivision 2; ; ; 302A.011, subdivision 4; 302A.021, subdivision 10, by adding a subdivision; 302A.031, by adding a subdivision; , subdivision 2; 317A.021, subdivision 9; 322B.02; 398A.04, subdivision 6; , subdivision 11; 453A.05, subdivision 11; proposing coding for new law in Minnesota Statutes, chapters 47; 48; 50; repealing Minnesota Statutes 2004, sections , subdivision 3; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions. Garofalo, Hornstein and Ozment introduced: H. F. No. 1044, A bill for an act relating to the Metropolitan Council; requiring the Metropolitan Council to carry out metropolitan area water supply planning activities; establishing an advisory committee to assist the council in carrying out the planning activities; abolishing the housing bond credit enhancement program; providing for continued debt reserve and levy authority for bonds issued under the program before its abolishment; providing for the use of available funds from the abolished housing bond credit enhancement program for the council's metropolitan area water supply planning activities; amending Minnesota Statutes 2004, section , subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 2004, sections ; , subdivisions 1, 2, 3, 5. The bill was read for the first time and referred to the Committee on Local Government. Mullery introduced: H. F. No. 1045, A bill for an act relating to elections; providing for the treatment of absentee ballots following a vacancy in nomination because of death or catastrophic illness; amending Minnesota Statutes 2004, section 204B.41. The bill was read for the first time and referred to the Committee on Civil Law and Elections. Mullery introduced: H. F. No. 1046, A bill for an act relating to summer youth employment; appropriating money for learn to earn. The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

19 15TH DAY] MONDAY, FEBRUARY 14, Cox, Thao, Nornes, Mariani and Eastlund introduced: H. F. No. 1047, A bill for an act relating to higher education; creating a state adjunct to the federal educational Upward Bound or Talent Search Trio programs; authorizing the Higher Education Services Office to administer the program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A. The bill was read for the first time and referred to the Committee on Higher Education Finance. Soderstrom; Ellison; Eastlund; Nelson, P.; Hilty; Murphy; Cornish; Erickson; Paymar; Hilstrom and Newman introduced: H. F. No. 1048, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and public improvements of a capital nature with conditions; appropriating money to the commissioner of corrections to acquire property for a challenge incarceration program; authorizing the issuance of general obligation bonds. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. Clark; Erhardt; Abrams; Smith; Hilstrom; Peterson, N.; Lenczewski and Hornstein introduced: H. F. No. 1049, A bill for an act relating to motor vehicles; authorizing additional deputy registrar of motor vehicles in Minneapolis. The bill was read for the first time and referred to the Committee on Transportation. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned: House Concurrent Resolution No. 1, A House concurrent resolution providing for a Joint Convention of the Senate and the House of Representatives to elect members of the Board of Regents of the University of Minnesota. PATRICK E. FLAHAVEN, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: H. F. No. 57, A bill for an act relating to state government; providing deficiency funding for certain state agencies; appropriating money.

20 422 JOURNAL OF THE HOUSE [15TH DAY The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House. PATRICK E. FLAHAVEN, Secretary of the Senate Mr. Speaker: I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted: S. F. Nos. 171, 379, 518, 262, 392, 717 and 716. PATRICE DWORAK, First Assistant Secretary of the Senate FIRST READING OF SENATE BILLS S. F. No. 171, A bill for an act relating to liquor; providing for conformity in license fees and production levels for brewpubs and small brewers; authorizing issuance of temporary licenses to small brewers; authorizing off-sale of growlers by small brewers; providing that the on-sale license for Elko Speedway authorizes sales on all days of the week; changing the issuer of a certain license at the state fair; authorizing the city of Duluth to issue a liquor license for Wade Municipal Stadium; authorizing the city of St. Paul to issue a liquor license for special events at the State Capitol; amending Minnesota Statutes 2004, sections 340A.301, subdivisions 6, 7; 340A.404, subdivision 10; Laws 2003, chapter 126, sections 28, 29; proposing coding for new law in Minnesota Statutes, chapter 340A. The bill was read for the first time. Hoppe moved that S. F. No. 171 and H. F. No. 286, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 379, A bill for an act relating to courts; authorizing a retired court commissioner to be appointed to perform judicial duties in Ramsey County. The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance. S. F. No. 518, A bill for an act relating to Hennepin County; eliminating duplicate campaign finance filings; making other technical changes to the county campaign finance provisions; amending Minnesota Statutes 2004, sections 383B.042, subdivisions 13, 14, 16; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.053, subdivision 1. The bill was read for the first time and referred to the Committee on Civil Law and Elections. S. F. No. 262, A bill for an act relating to local government; making technical changes to filing and recording laws; amending Minnesota Statutes 2004, sections 41.65, subdivision 3; 49.05, subdivision 2; , subdivision 3; 52.20, subdivisions 2, 3; 60B.16, subdivision 1; 60B.21, subdivision 1; 60B.25; 60B.52, subdivision 2; 60B.53, subdivision 2; 60B.55, subdivision 2; 66A.21, subdivision 2; 88.14, subdivision 3; 88.41; 88.49, subdivisions 2, 3, 5;

21 15TH DAY] MONDAY, FEBRUARY 14, , subdivision 2; 92.17; 93.52, subdivision 2; 93.55, subdivisions 1, 1a, 2, 5; ; 94.19; 103I.341, subdivisions 1, 4; ; , subdivision 2; , subdivision 11; ; , subdivision 10; , subdivision 1; ; , subdivision 1; ; ; ; ; , subdivision 1; ; ; ; , subdivisions 3, 4; , subdivision 3; ; , subdivisions 2, 3; ; , subdivision 2; ; ; 317A.021, subdivision 4; 317A.051, subdivision 2; , subdivision 3; ; , subdivision 4; 322A.86; 327A.04, subdivision 3; 327C.095, subdivisions 8, 11; ; ; ; , subdivision 1; ; ; ; ; , subdivision 1; ; ; ; ; ; ; , subdivisions 1, 3; , subdivisions 1, 2; , subdivision 3; ; ; ; ; ; ; ; , subdivision 2; ; ; , subdivisions 1, 3; ; , subdivision 8; , subdivision 4; , subdivision 1; ; ; ; ; ; ; , subdivision 2; ; , subdivision 4; , subdivision 2; , subdivision 4; , subdivision 1; 462A.31, subdivision 7; , subdivision 4; ; ; ; ; ; ; , subdivision 1; ; ; ; , subdivision 2; , subdivisions 2, 2a, 4, 6; , subdivision 1; ; ; ; , subdivisions 2, 3; , subdivision 2; , subdivision 4; ; , subdivision 2; ; ; , subdivision 2; ; ; , subdivisions 1, 3; ; ; ; , subdivision 4; ; ; ; repealing Minnesota Statutes 2004, sections ; ; ; The bill was read for the first time and referred to the Committee on Local Government. S. F. No. 392, A bill for an act relating to probate; changing and clarifying certain venue, trustee powers, and omitted beneficiary provisions; amending Minnesota Statutes 2004, sections 501B.17; 501B.705, subdivisions 2, 3, 4, 5; The bill was read for the first time. Thissen moved that S. F. No. 392 and H. F. No. 368, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 717, A bill for an act relating to elections; eliminating a requirement in party primary elections; amending Minnesota Statutes 2004, section 204D.10, subdivision 1; repealing Minnesota Statutes 2004, section 204D.10, subdivision 2. The bill was read for the first time and referred to the Committee on Civil Law and Elections. S. F. No. 716, A bill for an act relating to elections; clarifying qualifications for candidates for federal office; changing certain ballot certification provisions; amending Minnesota Statutes 2004, sections 204B.06, subdivisions 1, 4; 204B.10, subdivision 6. The bill was read for the first time and referred to the Committee on Civil Law and Elections. CONSENT CALENDAR Paulsen moved that the Consent Calendar be continued. The motion prevailed.

22 424 JOURNAL OF THE HOUSE [15TH DAY MOTIONS AND RESOLUTIONS Sailer moved that the name of Hansen be added as an author on H. F. No The motion prevailed. Knoblach moved that the name of Welti be added as an author on H. F. No The motion prevailed. Howes moved that the name of McNamara be added as an author on H. F. No The motion prevailed. Howes moved that the name of McNamara be added as an author on H. F. No The motion prevailed. Eastlund moved that the name of Westerberg be added as an author on H. F. No The motion prevailed. Davnie moved that the name of Lenczewski be added as an author on H. F. No The motion prevailed. Opatz moved that the name of Tingelstad be added as an author on H. F. No The motion prevailed. Lesch moved that his name be stricken as an author on H. F. No The motion prevailed. Demmer moved that the names of Penas, Lanning and Westerberg be added as authors on H. F. No The motion prevailed. Samuelson moved that the name of Lanning be added as an author on H. F. No The motion prevailed. Kahn moved that the name of Clark be added as an author on H. F. No The motion prevailed. Hansen moved that his name be stricken as an author on H. F. No The motion prevailed. Smith moved that the name of Wilkin be added as an author on H. F. No The motion prevailed. Wardlow moved that the name of Severson be added as an author on H. F. No The motion prevailed. Lesch moved that his name be stricken as an author on H. F. No The motion prevailed. Abeler moved that the name of Tingelstad be added as an author on H. F. No The motion prevailed. Thissen moved that the name of Entenza be added as an author on H. F. No The motion prevailed. Brod moved that the name of Moe be added as an author on H. F. No The motion prevailed. Abrams moved that the names of Greiling; Johnson, S., and Westerberg be added as authors on H. F. No The motion prevailed. Greiling moved that the name of Moe be added as an author on H. F. No The motion prevailed. Vandeveer moved that the name of Severson be added as an author on H. F. No The motion prevailed. Beard moved that the names of Westerberg and Dittrich be added as authors on H. F. No The motion prevailed.