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Journal of the Senate EIGHTY-THIRD LEGISLATURE ______THIRTY-SIXTH DAY

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Journal of the Senate EIGHTY-THIRD LEGISLATURE ______THIRTY-SIXTH DAY STATE OF MINNESOTA Journal of the Senate EIGHTY-THIRD LEGISLATURE ________________ THIRTY-SIXTH DAY St. Paul, Minnesota, Thursday, April 10, 2003 The Senate met at 9:00 a.m. and was called to order by the President. CALL OF THE SENATE Senator Betzold imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by the Chaplain, Pastor Scott T. Westphal. The roll was called, and the following Senators answered to their names: Anderson Gaither Larson Ortman Senjem Bachmann Hann LeClair Ourada Skoe Bakk Higgins Limmer Pappas Skoglund Belanger Hottinger Lourey Pariseau Solon Berglin Johnson, D.E. Marko Pogemiller Sparks Betzold Johnson, D.J. Marty Ranum Stumpf Chaudhary Jungbauer McGinn Reiter Tomassoni Cohen Kelley Metzen Rest Vickerman Day Kierlin Michel Robling Wergin Dibble Kiscaden Moua Rosen Wiger Dille Kleis Murphy Ruud Fischbach Knutson Neuville Sams Foley Kubly Nienow Saxhaug Frederickson Langseth Olson Scheid The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. RECESS Senator Hottinger moved that the Senate do now recess subject to the call of the President. The motion prevailed. After a brief recess, the President called the Senate to order. CALL OF THE SENATE Senator Betzold imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. 916 JOURNAL OF THE SENATE [36TH DAY EXECUTIVE AND OFFICIAL COMMUNICATIONS The following communications were received and referred to the committee indicated. April 4, 2003 The Honorable James P. Metzen President of the Senate Dear Senator Metzen: The following appointments are hereby respectfully submitted to the Senate for confirmation as required by law: BOARD ON JUDICIAL STANDARDS Elizabeth Hepola, 19645 Skyview Cir., Hutchinson, in the county of McLeod, effective April 11, 2003, for a term that expires on January 1, 2007. Robert M. A. Johnson, 14820 Bowers Dr., Ramsey, in the county of Anoka, effective April 11, 2003, for a term that expires on January 1, 2007. (Referred to the Committee on Judiciary.) Sincerely, Tim Pawlenty, Governor April 9, 2003 The Honorable James P. Metzen President of the Senate Dear President Metzen: On behalf of the people of Minnesota, I am honored to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State, S.F. No. 293. Sincerely, Tim Pawlenty, Governor April 9, 2003 The Honorable Steve Sviggum Speaker of the House of Representatives The Honorable James P. Metzen President of the Senate I have the honor to inform you that the following enrolled Act of the 2003 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23: Time and S.F. H.F. Session Laws Date Approved Date Filed No. No. Chapter No. 2003 2003 293 11 3:45 p.m. April 9 April 9 Sincerely, Mary Kiffmeyer Secretary of State 36TH DAY] THURSDAY, APRIL 10, 2003 917 REPORTS OF COMMITTEES Senator Hottinger moved that the Committee Reports at the Desk be now adopted, with the exception of the reports on S.F. Nos. 1148 and 462. The motion prevailed. Senator Betzold from the Committee on Judiciary, to which was referred S.F. No. 1414: A bill for an act relating to judgments; regulating stays of execution on money judgments; limiting bond amounts; amending Minnesota Statutes 2002, section 550.36. Reports the same back with the recommendation that the bill do pass and be re-referred to the Committee on Finance. Report adopted. Senator Anderson from the Committee on Commerce and Utilities, to which was referred S.F. No. 537: A bill for an act relating to insurance; clarifying that certain laws include long-term care insurance; amending Minnesota Statutes 2002, sections 60A.06, subdivision 1; 61B.20, subdivision 10. Reports the same back with the recommendation that the bill be amended as follows: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2002, section 61B.20, subdivision 10, is amended to read: Subd. 10. [HEALTH INSURANCE.] "Health insurance" means accident and health insurance as described in section 60A.06, subdivision 1, clause (5)(a), long-term care insurance, credit accident and health insurance regulated under chapter 62B, and subscriber contracts issued by a nonprofit health service plan corporation operating under chapter 62C. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment." Delete the title and insert: "A bill for an act relating to insurance; clarifying that a certain law includes long-term care insurance; amending Minnesota Statutes 2002, section 61B.20, subdivision 10." And when so amended the bill do pass and be placed on the Consent Calendar. Amendments adopted. Report adopted. Senator Marty from the Committee on Environment and Natural Resources, to which was referred S.F. No. 636: A bill for an act relating to the environment; requiring vapor recovery equipment for gasoline deliveries in the metropolitan area; providing penalties; amending Minnesota Statutes 2002, sections 115C.09, by adding a subdivision; 116.073, subdivisions 1, 2; 116.46, by adding subdivisions; 116.49, by adding subdivisions; 116.50. Reports the same back with the recommendation that the bill be amended as follows: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2002, section 115C.09, is amended by adding a subdivision to read: Subd. 3i. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) As used in this subdivision, "retail location" means a facility located in the metropolitan area as defined in section 473.121, subdivision 2, where gasoline is offered for sale to the general public for use in 918 JOURNAL OF THE SENATE [36TH DAY automobiles and trucks. "Transport vehicle" means a liquid fuel cargo tank used to deliver gasoline into underground storage tanks during 2002 at a retail location. (b) Notwithstanding any other provision in this chapter, and any rules adopted under this chapter, the board shall reimburse 90 percent of an applicant’s cost for retrofits of retail locations and transport vehicles completed between January 1, 2001, and January 1, 2006, to comply with section 116.49, subdivisions 3 and 4, provided that the board determines the costs were incurred and reasonable. The reimbursement may not exceed $3,000 per retail location and $3,000 per transport vehicle. Sec. 2. Minnesota Statutes 2002, section 116.073, subdivision 1, is amended to read: Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control agency staff designated by the commissioner and department of natural resources conservation officers may issue citations to a person who: (1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location not authorized by law for the disposal of solid waste without permission of the owner of the property; (2) fails to report or recover discharges as required under section 115.061; or (3) fails to take discharge preventive or preparedness measures required under chapter 115E;or (4) fails to install or use vapor recovery equipment during the transfer of gasoline from a transport delivery vehicle to an underground storage tank as required in section 116.49, subdivisions 3 and 4. (b) In addition, pollution control agency staff designated by the commissioner may issue citations to owners and operators of facilities dispensing petroleum products who violate sections 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued under this subdivision must include a requirement that the person cited remove and properly dispose of or otherwise manage the waste or discharged oil or hazardous substance, reimburse any government agency that has disposed of the waste or discharged oil or hazardous substance and contaminated debris for the reasonable costs of disposal, or correct any storage tank violations. (c) Until June 1, 2004, citations for violation of sections 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had a 90-day period to correct violations stated in writing by pollution control agency staff, unless there is a discharge associated with the violation or the violation is of Minnesota Rules, part 7151.6400, subpart 1, item B, or 7151.6500. Sec. 3. Minnesota Statutes 2002, section 116.073, subdivision 2, is amended to read: Subd. 2. [PENALTY AMOUNT.] The citation must impose the following penalty amounts: (1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a maximum of $2,000; (2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum of $2,000; (3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000; (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000; (5) up to $200 for any amount of waste that escapes from a vehicle used for the transportation of solid waste if, after receiving actual notice that waste has escaped the vehicle, the person or company transporting the waste fails to immediately collect the waste; (6) $50 per violation of rules adopted under section 116.49, relating to underground storage tank system design, construction, installation, and notification requirements, up to a maximum of $2,000; 36TH DAY] THURSDAY, APRIL 10,
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