JOURNAL OF THE HOUSE - 19th Day - Top of Page 317

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

NINETEENTH DAY

Saint Paul, Minnesota, Thursday, February 23, 1995

Index to today's Journal

The House of Representatives convened at 2:30 p.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Captain Mark Martsolf, Salvation Army, St. Paul, Minnesota.

The roll was called and the following members were present:

Abrams       Finseth      Koppendrayer Olson, M.    Smith
Anderson, B. Frerichs     Kraus        Onnen        Solberg
Anderson, R. Garcia       Krinkie      Opatz        Sviggum
Bakk         Girard       Larsen       Orenstein    Swenson, D.
Bertram      Goodno       Leighton     Orfield      Swenson, H.
Bettermann   Greenfield   Leppik       Osskopp      Sykora
Bishop       Greiling     Lieder       Osthoff      Tomassoni
Boudreau     Haas         Lindner      Ostrom       Tompkins
Bradley      Hackbarth    Long         Otremba      Trimble
Broecker     Harder       Lourey       Ozment       Tuma
Brown        Hasskamp     Luther       Paulsen      Tunheim
Carlson      Hausman      Lynch        Pawlenty     Van Dellen
Carruthers   Holsten      Macklin      Pellow       Van Engen
Clark        Hugoson      Mahon        Pelowski     Vickerman
Commers      Huntley      Mares        Perlt        Wagenius
Cooper       Jacobs       Mariani      Peterson     Weaver
Daggett      Jaros        Marko        Pugh         Wejcman
Dauner       Jefferson    McCollum     Rest         Wenzel
Davids       Jennings     McElroy      Rhodes       Winter
Dawkins      Johnson, A.  McGuire      Rice         Wolf
Dehler       Johnson, R.  Milbert      Rostberg     Worke
Delmont      Johnson, V.  Molnau       Rukavina     Workman
Dempsey      Kahn         Mulder       Sarna        Sp.Anderson,I
Dorn         Kalis        Munger       Schumacher   
Entenza      Kelso        Murphy       Seagren      
Erhardt      Kinkel       Ness         Simoneau     
Farrell      Knight       Olson, E.    Skoglund     
A quorum was present.

Kelley and Knoblach were excused.

The Chief Clerk proceeded to read the Journals of the preceding days. Bradley moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.

There being no objection, the order of business advanced to Motions and Resolutions.

MOTIONS AND RESOLUTIONS

Garcia introduced:

House Resolution No. 2, A house resolution honoring Charles Willard Lindberg.

SUSPENSION OF RULES

Garcia moved that the rules be so far suspended that House Resolution No. 2 be now considered and be placed upon its adoption. The motion prevailed.


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HOUSE RESOLUTION NO. 2

A house resolution honoring Charles Willard Lindberg.

Whereas, Charles Willard Lindberg, a Richfield, Minnesota, resident, grew up in Grand Forks, North Dakota; and

Whereas, a Corporal in the United States Marine Corps during World War II, Charles Lindberg was a member of E-Company, 2nd Battalion, 28th Regiment, 5th Marine Division; and

Whereas, on February 19, 1945, he was among the 1,000 Marines who invaded the shores of Iwo Jima, Japan, and one of only 150 Marines who were left at the end of the first day; and

Whereas, his platoon included 40 men upon arrival at Iwo Jima, only four of whom were not killed or seriously wounded, so that this platoon is the most decorated platoon in Marine Corps history; and

Whereas, on February 23, 1945, Charles Lindberg was one of the six Marines to raise the original flag atop Mount Suribachi to signal the capture of Iwo Jima; the second, larger flag that was raised was photographed by Joseph Rosenthal and is the most memorable photograph of World War II; and

Whereas, Charles Willard Lindberg, along with his wife Violet, will be honored on February 23, 1995, the 50th anniversary of the flag-raising at Iwo Jima, for his outstanding heroism and the historic part he played in World War II; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it declares Thursday, February 23, 1995, Charles Lindberg Day in Minnesota, and honors Charles Lindberg, Richfield, Minnesota, for service to his country and the United States Marine Corps.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to Charles Willard Lindberg.

Garcia moved that House Resolution No. 2 be now adopted. The motion prevailed and House Resolution No. 2 was adopted.

There being no objection, the order of business reverted to Petitions and Communications.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 17, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:


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H. F. No. 98, relating to gambling; providing for an alternate member of the advisory council on gambling.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1995 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 ApprovedDate Filed

No. No. Chapter No. 1995 1995

98 2 12:58 p.m. February 17February 17

Sincerely,

Joan Anderson Growe

Secretary of State

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 22, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 29, relating to traffic regulations; repealing sunset provision concerning recreational vehicle combinations.

Warmest regards,

Arne H. Carlson

Governor


JOURNAL OF THE HOUSE - 19th Day - Top of Page 320

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are 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. 1995 1995

29 3 2:58 p.m. February 22February 22

44 4 2:59 p.m. February 22February 22

Sincerely,

Joan Anderson Growe

Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 57, A bill for an act relating to local government; providing that maintenance of abandoned or neglected cemeteries by nonprofit organizations does not create an employment relationship or liability for local governments; amending Minnesota Statutes 1994, sections 306.243, subdivision 3; and 306.246.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 72, A bill for an act relating to public safety; requiring owners of residential rental buildings to request the superintendent of the bureau of criminal apprehension to conduct criminal background checks of individuals employed as managers; imposing certain duties relating to doing criminal background checks on the superintendent of the bureau of criminal apprehension; authorizing entry of residential dwellings only upon reasonable business purpose and notice; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapters 299C and 504.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [299C.66] [CITATION.]

Sections 299C.66 to 299C.69 may be cited as the "Kari Koskinen manager background check act."


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Sec. 2. [299C.67] [DEFINITIONS.]

Subdivision 1. [TERMS.] The definitions in this section apply to sections 299C.66 to 299C.69.

Subd. 2. [BACKGROUND CHECK CRIME.] "Background check crime" means a felony or nontraffic gross misdemeanor on which data is available to the superintendent.

Subd. 3. [CJIS.] "CJIS" means the Minnesota criminal justice information system.

Subd. 4. [MANAGER.] "Manager" means an individual:

(1) who is employed by or applies for employment with an owner to perform day-to-day management, caretaking, or maintenance tasks in a residential rental building or on residential rental premises; and

(2) who has a master key for residential rental premises or otherwise would be able to enter tenants' dwelling units without the consent of a tenant or the assistance of the owner or an authorized representative of the owner.

Subd. 5. [OWNER.] "Owner" has the meaning given in section 566.18, subdivision 3.

Subd. 6. [SUPERINTENDENT.] "Superintendent" means the superintendent of the bureau of criminal apprehension.

Subd. 7. [TENANT.] "Tenant" has the meaning given in section 566.18, subdivision 2.

Sec. 3. [299C.68] [BACKGROUND CHECKS.]

Subdivision 1. [BACKGROUND CHECK; WHEN REQUIRED.] Before hiring a manager, an owner who hires or seeks to hire a manager shall, either personally or through an authorized representative, request the superintendent to conduct a background check under this section. An owner may employ a manager after requesting a background check under this section before receipt of the background check report.

Subd. 2. [PROCEDURES.] The superintendent shall develop procedures to enable an owner or an owner's authorized representative to request a background check to determine whether a manager is the subject of any reported conviction for a background check crime. The superintendent shall perform the background check by retrieving and reviewing data on background check crimes maintained in the CJIS computers. If the manager has resided in Minnesota for less than five years, the superintendent shall also conduct a search of the national criminal records repository including the criminal justice data communications network. The superintendent is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of a criminal history check. The superintendent shall recover the cost of a background check through a fee charged to the owner.

Subd. 3. [BACKGROUND CHECKS; REQUIREMENTS.] The superintendent may not perform a background check under this section unless the owner or the owner's authorized representative submits a written document, signed by the manager on whom the background check is to be performed. If the manager has resided in Minnesota for less than five years, the written document submitted under this section must be accompanied by the fingerprints of the manager on whom the background check is to be performed unless the owner has previously submitted the manager's fingerprints under this section. The superintendent shall develop a standardized form to be used for this purpose which includes the following:

(1) a question asking whether the manager has ever been convicted of a background check crime and if so, requiring a description of the crime and the particulars of the conviction;

(2) a notification to the manager that the owner will request the superintendent to perform a background check under this section; and

(3) a notification to the manager of the manager's rights under subdivision 4.

Background checks performed under this section may only be requested by and provided to the owner or authorized representatives of an owner who have a need to know the information and may be used only for the purposes of sections 299C.66 to 299C.69.

Subd. 4. [MANAGER'S RIGHTS.] (a) The owner shall notify the manager of the manager's rights under paragraph (b).


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(b) A manager who is the subject of a background check request has the following rights:

(1) the right to be informed that an owner will request a background check on the manager:

(i) for purposes of the manager's application to be employed by an owner or for purposes of continuing as an employee; and

(ii) to determine whether the manager has been convicted of a felony or nontraffic gross misdemeanor on which data is available to the superintendent;

(2) the right to be informed by the owner of the superintendent's response to the background check and to obtain from the owner a copy of the background check report;

(3) the right to obtain from the superintendent any record that forms the basis for the report;

(4) the right to challenge the accuracy and completeness of any information contained in the report or record pursuant to section 13.04, subdivision 4; and

(5) the right to be informed by the owner if the manager's application to be employed by the owner or to continue as an employee has been denied because of the superintendent's response.

Subd. 5. [RESPONSE OF BUREAU.] The superintendent shall respond to a background check request within a reasonable time not to exceed ten working days after receiving the signed, written document described in subdivision 3. The superintendent shall provide the owner with a copy of the manager's criminal record or a statement that the manager is not the subject of a criminal history record at the bureau.

Subd. 6. [EQUIVALENT BACKGROUND CHECK.] (a) An owner may satisfy the requirements of this section by obtaining a background check from a private business or a local law enforcement agency rather than the superintendent if the scope of the background check provided by the private business or local law enforcement agency is at least as broad as that of a background check performed by the superintendent. Local law enforcement agencies may access the criminal justice data network to perform the background check.

(b) A private business or local law enforcement agency providing a background check under this section must comply with subdivision 3, except that the notification form must indicate that the background check will be performed by the private business or local law enforcement agency using records of the superintendent and other data sources.

(c) In addition to the notification provided to the manager under paragraph (b), the owner also must notify the manager that the manager has the following rights:

(1) the right to be informed that the owner will request a background check on the manager:

(i) for purposes of the manager's application to be employed by an owner or for purposes of continuing as an employee; and

(ii) to determine whether the manager has been convicted of any felony or nontraffic gross misdemeanor crime on which data is available to the superintendent or through other data sources;

(2) the right to be informed by the owner of the content of the background check and to obtain from the owner a copy of the background check report;

(3) the right to obtain from the superintendent or any law enforcement agency or other state agency, statewide system, or political subdivision, any record provided by that entity that forms the basis for the report prepared by the private business or local law enforcement agency, and the right to challenge the accuracy and completeness of any such record under section 13.04, subdivision 4; and

(4) the right to be informed by the owner if the manager's application for employment or request to continue as an employee has been denied because of the content of the background check report.

Subd. 7. [PETTY MISDEMEANOR.] An owner who knowingly fails to request a background check under subdivision 1 is guilty of a petty misdemeanor.


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Sec. 4. [299C.69] [BUREAU OF CRIMINAL APPREHENSION IMMUNITY.]

The bureau of criminal apprehension is immune from any civil or criminal liability that might otherwise arise under sections 299C.66 to 299C.69, based on the accuracy or completeness of any records it receives from the Federal Bureau of Investigation or any other state or local agency or branch of government, if the bureau acts in good faith.

Sec. 5. [504.183] [TENANT'S RIGHT TO PRIVACY.]

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them.

(a) "Building" has the meaning given in section 566.18, subdivision 7.

(b) "Landlord" means the owner as defined in section 566.18, subdivision 3, the owner's agent, or other person acting under the owner's direction and control.

(c) "Tenant" has the meaning given in section 566.18, subdivision 2.

Subd. 2. [ENTRY BY LANDLORD.] Except as provided in subdivision 4, a landlord may enter the premises rented by a tenant only for a reasonable business purpose and after giving the tenant reasonable notice under the circumstances of the intent to enter. A tenant may not waive and the landlord may not require the tenant to waive the tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease.

Subd. 3. [REASONABLE PURPOSE.] For purposes of subdivision 2, a reasonable business purpose includes, but is not limited to:

(1) showing the unit to prospective tenants during the month before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent;

(2) showing the unit to a prospective buyer or to an insurance representative;

(3) performing maintenance work; and

(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes.

Subd. 4. [EXCEPTION TO NOTICE REQUIREMENT.] Notwithstanding subdivision 2, a landlord may enter the premises rented by a tenant to inspect or take appropriate action without prior notice to the tenant if the landlord reasonably suspects that:

(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;

(2) immediate entry is necessary to determine a tenant's safety; or

(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the tenant's premises.

Subd. 5. [ENTRY WITHOUT TENANT'S PRESENCE.] If the landlord enters when the tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.

Subd. 6. [PENALTY.] If a landlord substantially violates subdivision 2, the tenant is entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 504.20, and up to a $100 civil penalty for each violation. If a landlord violates subdivision 5, the tenant is entitled to up to a $100 civil penalty for each violation. A tenant shall follow the procedures in sections 566.18 to 566.33 to enforce the provisions of this section.

Subd. 7. [EXEMPTION.] This section does not apply to tenants and landlords of manufactured home parks as defined in section 327C.01.


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Sec. 6. [EFFECTIVE DATE; APPLICATION.]

Sections 1 to 4 are effective August 1, 1995, and apply to owners who hire or seek to hire managers on or after that date.

Section 5 is effective for oral and written leases entered into or renewed on or after August 1, 1995."

Amend the title as follows:

Page 1, line 3, delete "the"

Page 1, delete line 4

Page 1, line 5, delete "to conduct"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 125, A bill for an act relating to corrections; prohibiting correctional inmates from applying for name changes more than once a year; proposing coding for new law in Minnesota Statutes, chapter 259.

Reported the same back with the following amendments:

Page 1, line 9, delete "each period of"

Page 1, line 11, delete "the commissioner of corrections may"

Page 1, delete lines 12 to 14, and insert "an inmate may request a name change under section 259.10 only once, and may proceed in forma pauperis only when the failure to allow the name change would infringe on a constitutional right of an inmate."

Amend the title as follows:

Page 1, line 4, delete "a year" and insert "during an inmate's confinement"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 136, A bill for an act relating to landlord tenant; forcible entry and unlawful detainer; providing a partial refund of the filing fee in matters resolved after one court appearance; amending Minnesota Statutes 1994, section 566.09, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 10, delete "REFUNDED" and delete "If all matters in an"

Page 1, delete lines 11 to 13


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Page 1, line 14, delete "fees paid by the party." and insert "Upon the filing of an unlawful detainer action, a party shall pay one-half the filing fee required under section 357.021, subdivision 2, clause (1). If the matter is not resolved at the first court appearance by settlement, default judgment, or otherwise, the party shall pay the remaining one-half of the filing fee required under section 357.021, subdivision 2, clause (1). If the remaining one-half of the filing fee is not paid, the case shall be dismissed upon the court's own motion."

Amend the title as follows:

Page 1, line 3, delete everything after the semicolon and insert "providing for partial payment of the"

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

The report was adopted.

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

H. F. No. 162, A bill for an act relating to Stearns county; requiring the county to refund money paid by the city of Melrose for acquisition of certain property.

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

The report was adopted.

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

H. F. No. 305, A bill for an act relating to local government; clarifying provisions for financial audits in certain circumstances; amending Minnesota Statutes 1994, sections 367.36, subdivision 1; 412.02, subdivision 3; and 412.591, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 10, delete "RANDOM"

With the recommendation that when so amended the bill pass.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 323, A bill for an act relating to housing; making the landlord the bill payer and customer of record on utility accounts in single-metered multiunit residential buildings; amending Minnesota Statutes 1994, section 504.185, subdivision 1, and by adding a subdivision.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Regulated Industries and Energy.

The report was adopted.

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

H. F. No. 362, A bill for an act relating to local government; towns; authorizing the town board to set up a petty cash fund; amending Minnesota Statutes 1994, section 366.01, by adding a subdivision.

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

The report was adopted.


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

H. F. No. 397, A bill for an act relating to the city of Hastings; modifying a tax increment financing district.

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

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 399, A bill for an act relating to the secretary of state; regulating filings and related matters; providing for service of process; amending Minnesota Statutes 1994, sections 5.22, subdivision 1; 48.185, subdivision 7; 79A.06, subdivision 5; 168.27, subdivision 19a; 221.67; 302A.115, subdivision 1; 302A.121, subdivision 1; 302A.701; 302A.901, subdivision 1; 303.03; 303.06, subdivision 1; 303.13, subdivision 1; 303.14, subdivision 3; 308A.121, subdivision 1; 309.56, subdivision 1; 317A.115, subdivision 2; 317A.823, subdivision 1; 317A.901, subdivision 1; 319A.03; 322A.02; 322A.761; 322B.12, subdivision 1; 322B.80, subdivision 1; 322B.876, subdivision 1; 322B.955; 322B.960, subdivisions 1 and 3; 323.44, subdivisions 1, 2, 4, 5, and 6; 323.45, subdivisions 1 and 5; 323.46; 323.47, subdivision 1; 325F.70, subdivision 2; 330.11, subdivision 3; 333.001; 333.01; 333.055, subdivision 4; 333.21, subdivision 1; 336.9-403; 336A.11, subdivision 2; 540.152; and 543.08; proposing coding for new law in Minnesota Statutes, chapters 5; and 323; repealing Minnesota Statutes 1994, sections 302A.901, subdivisions 2, 2a, 3, and 4; 303.13, subdivisions 2, 3, 4, and 5; 317A.901, subdivisions 2, 3, and 4; 322B.876, subdivisions 2, 3, and 4; 322B.901; and 323.47, subdivisions 2, 3, and 4.

Reported the same back with the following amendments:

Page 26, after line 15, insert:

"Sec. 7. Minnesota Statutes 1994, section 319A.06, subdivision 2, is amended to read:

Subd. 2. A foreign professional corporation may provide professional service in this state only upon compliance with sections 303.01 to 303.24, or 322B.90 to 322B.955, or 323.44 to 323.49, regulating foreign corporations, foreign limited liability companies, and foreign limited liability partnerships, respectively. The secretary of state shall promulgate forms for such purpose. The provisions of sections 319A.01 to 319A.22 relating to the rendering of professional service by a professional corporation apply to a foreign professional corporation. Sections 319A.01 to 319A.22 shall not be construed to prohibit the rendering of professional service in this state by a person who is a shareholder, director, officer, employee, or agent of a foreign professional corporation, if the person could lawfully render professional service in this state in the absence of any relationship to the foreign professional corporation, irrespective of whether the foreign professional corporation is authorized to provide professional service in this state."

Page 28, after line 18, insert:

"Sec. 11. Minnesota Statutes 1994, section 323.02, is amended by adding a subdivision to read:

Subd. 9. [FOREIGN LIMITED LIABILITY PARTNERSHIP.] "Foreign limited liability partnership" means a general partnership organized under laws other than the laws of this state with status as a limited partnership in its home jurisdiction."

Page 28, delete section 10

Page 29, line 23, after the semicolon, insert "and"

Page 29, line 24, delete everything after "(6)"

Page 29, delete line 25

Page 29, line 26, delete "(7)"

Page 30, line 27, delete ", whether domestic or foreign,"


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Page 30, line 31, delete "A foreign"

Page 30, delete lines 32 to 34

Page 32, after line 9, insert:

"Sec. 20. [323.49] [FOREIGN LIMITED LIABILITY PARTNERSHIPS.]

Subdivision 1. [STATEMENT OF QUALIFICATION.] Before transacting business in this state, a foreign limited liability partnership must file a statement of qualification as provided in subdivision 3 with the secretary of state. The statement is effective for one year from the date of filing and may be renewed for successive one-year periods as provided in subdivision 2. At the end of the one-year period, the statement automatically expires unless a renewal statement is properly filed. Section 322B.945 applies to determine whether a foreign limited liability partnership is transacting business.

Subd. 2. [RENEWAL.] The foreign limited liability partnership may file a renewal statement that complies with this section no earlier than 60 days before the expiration of the one-year period under subdivision 1. A proper renewal extends the partnership's status as a foreign limited liability partnership for another one-year period, measured from the end of the previous one-year period. At the end of any renewal period, the renewal statement automatically expires. A foreign limited liability partnership's statement may be renewed for an unlimited number of one-year periods.

Subd. 3. [CONTENTS OF STATEMENT OF QUALIFICATION.] A foreign limited liability partnership's statement of qualification and any renewal statement must contain:

(1) the name of the partnership, including the limited liability partnership designation used in the home jurisdiction;

(2) the address of the partnership's principal place of business;

(3) the name and street address of a person located in this state that the partnership has authorized to act as the partnership's agent for service of process;

(4) the jurisdiction of organization; and

(5) the signature of a partner.

The statement or renewal must be accompanied by a certificate of status from the filing officer in the home jurisdiction and a fee of $135.

Subd. 4. [NAME OF FOREIGN LIMITED LIABILITY PARTNERSHIP.] The name of the foreign limited liability partnership must meet the requirements of section 323.45.

Subd. 5. [CHANGES IN REGISTRATION INFORMATION.] If the information in a statement becomes inaccurate after it is filed, the general partnership must provide accurate information in any subsequently filed renewal statement. The inaccuracy has no effect on the status of the partnership as a foreign limited liability partnership in Minnesota.

Subd. 6. [VOLUNTARY WITHDRAWAL OF STATUS.] A partnership may, at any time, withdraw its statement of qualification by filing with the secretary of state a withdrawal statement that contains the following:

(1) the name of the partnership;

(2) a statement that the partnership is withdrawing its current statement of qualification;

(3) an acknowledgment that the withdrawal ends the partnership's qualification as a foreign limited liability partnership in Minnesota; and

(4) the signature of a partner.

The withdrawal statement may state a delayed effective date, if that date is before the expiration date of the partnership's current statement of qualification. If the withdrawal statement does not state an effective date, the statement is effective when filed.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 328

Subd. 7. [TRANSACTION OF BUSINESS WITHOUT QUALIFICATION.] (a) A foreign limited liability partnership transacting business in this state may not maintain any action, suit, or proceeding in any court of this state until it has filed a statement of qualification.

(b) The failure of a foreign limited liability partnership to file a statement of qualification does not impair the validity of any contract or act of the foreign limited liability partnership or prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this state.

(c) A foreign limited liability partnership, by transacting business in this state without a statement of qualification, appoints the secretary of state as its agent on whom any notice, process, or demand may be served.

(d) A partner of a foreign limited liability partnership is not liable for the debts and obligations of the foreign limited liability partnership solely by reason of the foreign limited liability partnership's having transacted business in this state without a valid statement of qualification.

Subd. 8. [TRANSITION.] Any foreign limited liability partnership which received a certificate of authority under chapter 322B prior to the effective date of this act shall be deemed to be in compliance with this section until December 29, 1995. After that date, a certificate of authority issued under chapter 322B and received by a foreign limited liability partnership shall have no further effect."

Page 39, after line 4, insert:

"Sec. 28. [EFFECTIVE DATE.]

Sections 11 to 20 and 27 are effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 12, after the third semicolon, insert "319A.06, subdivision 2;"

Page 1, line 15, after the semicolon, insert "323.02, by adding a subdivision;"

Page 1, line 16, delete "1,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 402, A bill for an act relating to economic development; removing an expiration date for the affirmative enterprise program; repealing Minnesota Statutes 1994, section 116J.874, subdivision 6.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 441, A bill for an act relating to economic development; providing for electronic filing and information retrieval pertaining to business licenses; appropriating money; amending Minnesota Statutes 1994, sections 116J.78, by adding a subdivision; and 116J.81, by adding a subdivision.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.


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

H. F. No. 449, A bill for an act relating to the county of Pipestone; authorizing the issuance of general obligation bonds for repair and renovation of the county courthouse and annex.

Reported the same back with the following amendments:

Page 1, line 12, delete everything after "required" and insert ". Minnesota Statutes, section 275.61, shall apply to taxes levied to pay the bonds as if the bonds were required to be approved and were approved by the voters."

Page 1, delete line 13

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

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants; amending Minnesota Statutes 1994, sections 82.18; 82.195, subdivision 1; 82.20, subdivision 13; 82A.11, subdivision 3; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.

Reported the same back with the following amendments:

Page 3, after line 22, insert:

"Sec. 2. Minnesota Statutes 1994, section 82.19, subdivision 7, is amended to read:

Subd. 7. [SECURITIES SOLD BY BUSINESSES OUTSIDE SCOPE OF LICENSING.] A license issued under this chapter does not allow a licensee to engage in the business of buying, selling, negotiating, brokering, or otherwise dealing in vendor's interests in contracts for deed, mortgagee's interests in mortgages, or other evidence of indebtedness regarding real estate, except that a licensee may, if there is no compensation in addition to the brokerage commission or fee, and if the licensee represents the seller, buyer, lessor, or lessee in the sale, lease, or exchange of real estate, arrange for the sale of a contract, mortgage, or similar evidence of indebtedness for the subject property."

Page 3, line 26, after "other" insert "signed"

Page 4, after line 12, insert:

"Sec. 5. Minnesota Statutes 1994, section 82.34, subdivision 7, is amended to read:

Subd. 7. When any aggrieved person obtains a final judgment in any court of competent jurisdiction regardless of whether the judgment has been discharged by a bankruptcy court against an individual licensed under this chapter, on grounds of fraudulent, deceptive, or dishonest practices, or conversion of trust funds arising directly out of any transaction when the judgment debtor was licensed and performed acts for which a license is required under this chapter, or performed acts permitted by section 327B.04, subdivision 5, the aggrieved person may, upon the judgment becoming final, and upon termination of all proceedings, including reviews and appeals, file a verified application in the court in which the judgment was entered for. The application shall state with specificity the grounds upon which the application seeks to recover from the fund, and request an order directing payment out of the fund of the amount of actual and direct out of pocket loss in the transaction, but excluding any attorney's fees, interest on the loss and on any judgment obtained as a result of the loss, up to the sum of $150,000 of the amount unpaid upon the judgment, provided that nothing in this chapter shall be construed to obligate the fund for more than $150,000 per claimant, per transaction, subject to the limitations set forth in subdivision 14, regardless of the number of persons aggrieved or parcels of real estate involved in the transaction, provided that regardless of the number of claims against a licensee, nothing in this chapter may obligate the fund for more than $250,000 per licensee. An aggrieved person who has a cause of action under section 80A.23 shall first seek recovery as provided in section 80A.05, subdivision 5,


JOURNAL OF THE HOUSE - 19th Day - Top of Page 330

before the commissioner may order payment from the recovery fund. For purposes of this section, persons who are joint tenants or tenants in common are deemed to be a single claimant. A copy of the verified application shall be served upon the commissioner and upon the judgment debtor, and a certificate or affidavit of service filed with the court. For the purpose of this section, "aggrieved person" shall not include a licensee unless (1) the licensee is acting in the capacity of principal in the sale of interests in real property owned by the licensee; or (2) the licensee is acting in the capacity of principal in the purchase of interests in real property to be owned by the licensee. Under no circumstances shall a licensee be entitled to payment under this section for the loss of a commission or similar fee.

For the purposes of this section, recovery is limited to transactions where the property involved is intended for the direct personal habitation or commercial use of the buyer.

Except for securities permitted to be sold by a licensee pursuant to section 82.19, subdivision 7, for any action commenced after July 1, 1993, recovery under this section is not available where the buyer's participation is for investment purposes only, and is limited to providing capital to fund the transaction."

Page 7, line 35, delete "10" and insert "12"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 3, before the semicolon, insert "and recovery fund actions"

Page 1, line 4, after the first semicolon, insert "82.19, subdivision 7;"

Page 1, line 5, after the first semicolon, insert "82.34, subdivision 7;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 467, A bill for an act relating to housing; limiting the time for bringing an action based on a housing inspection; proposing coding for new law in Minnesota Statutes, chapter 541.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 471, A bill for an act relating to traffic regulations; authorizing peace officers to stop drivers and issue citations for seat belt violations without first observing a moving violation; amending Minnesota Statutes 1994, section 169.686, subdivision 1.

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 506, A bill for an act relating to health; recodifying and modifying provisions relating to lead abatement law; appropriating money; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 116.87, subdivision 2; 144.99, subdivision 1; 268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and by adding a subdivision; and 462A.05, subdivision 15c; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 115C.082, subdivision 2; 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 331

Reported the same back with the following amendments:

Page 4, line 17, delete "any" and insert "these"

Page 5, line 32, delete everything after "11." and insert "[LEAD-SAFE DIRECTIVES.] "Lead-safe directives""

Page 7, line 12, delete the period and insert a comma

Page 8, line 3, after "traffic" insert "which"

Page 8, line 4, delete "exceeding" and insert "exceeded"

Page 8, line 20, after the second "and" insert "reporting or"

Page 11, line 1, delete ", upon"

Page 11, line 2, delete "request of the commissioner of health,"

Page 15, line 11, after "households" insert ", as defined by federal guidelines,"

Page 15, line 25, after the period, insert "No penalty shall be assessed against a property owner for discontinuing voluntary lead hazard reduction before completion of the plan, provided that the property owner discontinues the plan in a manner that leaves the property in a condition no more hazardous than its condition before the plan implementation."

Page 19, line 21, after the period, insert "Inspecting agencies must consider appeals that propose lower cost methods that make the residence lead safe."

Page 20, line 33, after "agency" insert ", after conducting a lead inspection,"

Page 20, line 36, after the period, insert "If lead inspections and lead orders are conducted at times when weather or soil conditions do not permit the lead inspection or lead hazard reduction, external surfaces and soil lead shall be inspected, and lead orders complied with, if necessary, at the first opportunity that weather and soil conditions allow."

Page 21, line 7, before the period, insert "and methods" and after the period, insert "Whenever windows and doors or other components covered with deteriorated lead-based paint have sound substrate or are not rotting, those components should be repaired, sent out for stripping or be planed down to remove deteriorated lead-based paint or covered with protective guards instead of being replaced, provided that such an activity is the least cost method."

Page 21, line 19, after "team" insert "free of charge"

Page 21, line 22, delete "an" and insert "a"

Page 21, line 23, delete "assessment"

Page 21, line 28, delete everything after "that"

Page 21, delete lines 29 to 34 and insert "the property is lead safe."

Page 22, line 15, delete "abatement"

Page 23, after line 4, insert:

"Subd. 8. [PROPERTY OWNER RESPONSIBILITY.] Property owners shall comply with lead orders issued under this section within 60 days or be subject to enforcement actions as provided under section 144.9509. For orders or portions of orders concerning external lead hazards, property owners shall comply within 60 days, or as soon thereafter as weather permits. If the property owner does not use a lead contractor for compliance with the lead orders, the property owner shall submit a plan for approval by the inspecting agency within 30 days after receiving the orders. The plan must include the details required in section 144.9505 as to how the property owner intends to comply with the lead orders and notice as to when lead hazard reduction activities will begin."


JOURNAL OF THE HOUSE - 19th Day - Top of Page 332

Page 23, line 5, delete "8" and insert "9"

Page 23, line 16, delete "9" and insert "10"

Page 23, after line 24, insert:

"Subd. 11. [LOCAL ORDINANCES.] No unit of local government shall have an ordinance, regulation, or practice which requires property owners to comply with any lead hazard reduction order in a period of time shorter than the period established for compliance with lead orders under this section."

Page 23, delete lines 25 to 34

Page 26, line 8, after "agency" insert "or providing services at no cost to a property owner with funding under a state or federal grant"

Page 26, line 15, delete "assessment" and insert "inspection"

Page 30, line 22, delete "a" and insert "more than a summary"

Page 30, after line 29, insert:

"(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit of local government of an innovative lead hazard reduction method which is consistent in approach with methods established under this section."

Page 32, after line 29, insert "SWAB TEAM SERVICES PROGRAM"

Page 33, after line 10, insert:

"(c) For purposes of this section, "commissioner" means the commissioner of economic security."

Page 33, line 29, after the period, insert "Grants may be awarded to nonprofit organizations to provide technical assistance and training to ensure quality and consistency within the statewide program."

Page 34, line 16, after the period, insert "The commissioner may deviate from this percentage if a grantee can justify the need for a larger administrative allowance."

Page 34, line 34, after "services" insert "in response to elevated blood lead levels as defined in section 144.9501, subdivision 8, where lead orders were not issued, and"

Page 35, line 29, strike "and"

Page 35, line 33, strike the period and insert "; and"

Page 35, after line 33, insert:

"(10) prior experience in providing swab team services."

Page 37, line 11, delete "ten" and reinstate the stricken language

Page 38, line 23, after "workers" insert "or trained swab team members"

Page 38, line 29, delete "swab" and insert "on the job"

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

The report was adopted.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 333

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 536, A bill for an act relating to commerce; residential building contractors; regulating licensees, amending Minnesota Statutes 1994, sections 326.83, subdivision 5, and by adding a subdivision; 326.84, subdivision 3; 326.91, subdivision 1; and 326.95, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 27, before the comma, insert "and Builders Outreach Foundation" and delete "its" and insert "their"

Page 2, line 28, delete "its" and insert "their"

Page 5, line 3, after "forged" insert "mechanics'" and before the period, insert "under chapter 514"

Page 5, after line 9, insert:

"Sec. 6. Minnesota Statutes 1994, section 326.975, subdivision 1, is amended to read:

Subdivision 1. [GENERALLY.] (a) In addition to any other fees, each applicant for a license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. The contractor's recovery fund is created in the state treasury and must be administered by the commissioner in the manner and subject to all the requirements and limitations provided by section 82.34 with the following exceptions:

(1) each licensee who renews a license shall pay in addition to the appropriate renewal fee an additional fee which shall be credited to the contractor's recovery fund. The amount of the fee shall be based on the licensee's gross annual receipts for the licensee's most recent fiscal year preceding the renewal, on the following scale:

Fee Gross Receipts

$100 under $1,000,000

$150 $1,000,000 to $5,000,000

$200 over $5,000,000

Any person who receives a new license shall pay a fee based on the same scale;

(2) the sole purpose of this fund is to compensate any aggrieved owner or lessee of residential property who obtains a final judgment in any court of competent jurisdiction against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance arising directly out of any transaction when the judgment debtor was licensed and performed any of the activities enumerated under section 326.83, subdivision 19, on the owner's residential property or on residential property rented by the lessee, or on new residential construction which was never occupied prior to purchase by the owner, or which was occupied by the licensee for less than one year prior to purchase by the owner, and which cause of action arose on or after April 1, 1994; and

(3) nothing may obligate the fund for more than $50,000 per claimant, nor more than $50,000 per licensee; and

(4) nothing may obligate the fund for claims based on a cause of action that arose before the licensee paid the recovery fund fee set in paragraph (a), clause (1), or as provided in section 326.945, subdivision 3.

(b) Should the commissioner pay from the contractor's recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license shall be automatically suspended upon the effective date of an order by the court authorizing payment from the fund. No licensee shall be granted reinstatement until the licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount paid from the fund on the licensee's account, and has obtained a surety bond issued by an insurer authorized to transact business in this state in the amount of at least $40,000.

Sec. 7. [INTENT TO CLARIFY.]

By making the amendment in section 6, the legislature is clarifying the original intent of the contractor's recovery fund law, Laws 1993, chapter 245, section 36, when it was enacted. The contractor's recovery fund replaces an earlier bonding requirement set forth in Minnesota Statutes, sections 326.84 and 326.945. Approximately one-half of the


JOURNAL OF THE HOUSE - 19th Day - Top of Page 334

residential building contractor licensees paid into the contractor's recovery fund on March 31, 1994. The remaining one-half are, pursuant to Minnesota Statutes, section 326.945, still subject to the bonding requirement until March 31, 1995, with an option to pay into the contractor's recovery fund earlier.

It was intended that the contractor's recovery fund be available to pay claims against only those licensees who had paid into the contractor's recovery fund, and not against those still subject to the bonding requirement."

Page 5, line 10, delete "6" and insert "8"

Page 5, line 11, delete "and 4" and insert "4, and 7"

Page 5, after line 12, insert:

"Section 6 is effective retroactive to April 1, 1994."

Amend the title as follows:

Page 1, line 3, delete the comma, and insert "; providing a clarification;"

Page 1, line 6, delete "and" and after "2" insert "; and 326.975, subdivision 1"

With the recommendation that when so amended the bill pass.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 554, A bill for an act relating to securities; regulating enforcement actions against licensees; modifying the definition of investment metal; amending Minnesota Statutes 1994, sections 80A.07, subdivision 5; and 80A.14, subdivision 10.

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 565, A bill for an act relating to metropolitan area housing; authorizing the metropolitan council to operate a federal section 8 housing program within the metropolitan area pursuant to joint exercise of powers agreements; amending Minnesota Statutes 1994, section 473.195, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 749, A bill for an act relating to housing; modifying eligibility for transitional housing services; amending Minnesota Statutes 1994, section 268.38, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 15, delete "and to"

Page 1, line 16, delete "provide" and insert "which may include"

With the recommendation that when so amended the bill pass.

The report was adopted.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 335

Carlson from the Committee on Education to which was referred:

S. F. No. 188, A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges and state universities; authorizing additional construction using nonstate resources; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6, 8, 10, and 11.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Laws 1992, chapter 558, section 2, subdivision 3, is amended to read:

Subd. 3. Brainerd Technical College 1,200,000

This appropriation is for working drawings for the joint campus with Brainerd Community College. The technical college board must consult with the community college board throughout the project.

This appropriation may not be used to relocate or replace athletic fields or facilities. Costs associated with this relocation or replacement must be paid from local money.

The state board of technical colleges may sell the current Brainerd Technical College site to independent school district No. 181, Brainerd, for the appraised value of the property.

Sec. 2. Laws 1994, chapter 643, section 11, subdivision 6, is amended to read:

Subd. 6. Lakewood Community College 170,000

This appropriation is to prepare schematic plans for a learning resources center for joint use with northeast metro technical college, and for predesign remodeling of classrooms, labs, Americans with Disabilities Act accessible locker and fitness space, and institutional services, and to predesign the construction of new space for joint use with Northeast Metro technical college. The appropriation is available only after a master academic plan has been developed for the campus and approved by the higher education board. The master academic plan shall be developed jointly with representation from each of the public post-secondary systems.

Sec. 3. Laws 1994, chapter 643, section 11, subdivision 10, is amended to read:

Subd. 10. North Hennepin Community College 6,000,000

This appropriation is to plan predesign, design, remodel, and construct space for classrooms, labs, student services, learning resource center, the campus center, and administrative and related space. This appropriation may also be used to predesign and design the remodeling of space vacated when the new construction is completed, even if the remodeling requires an additional appropriation.

Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."


JOURNAL OF THE HOUSE - 19th Day - Top of Page 336

Delete the title and insert:

"A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6 and 10."

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 125, 305, 362, 399, 457, 536, 554 and 749 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Munger, McCollum, Girard, Haas and Anderson, I., introduced:

H. F. No. 787, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, and 12; 103G.237, subdivision 4; and 103G.2372, subdivision 1; repealing Minnesota Statutes 1994, section 103G.2242, subdivisions 9 and 13.

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

Marko, Orenstein, Rukavina and Girard introduced:

H. F. No. 788, A bill for an act relating to state government; efficiency and openness of government; requiring heads of state agencies to operate these agencies efficiently and to encourage public participation in government; including in the missions of major state agencies the goals of efficiency, innovation, and encouraging public participation; amending Minnesota Statutes 1994, sections 16A.055, by adding a subdivision; 16B.04, by adding a subdivision; 17.03, by adding a subdivision; 43A.04, by adding a subdivision; 45.012; 84.027, by adding a subdivision; 116.03, by adding a subdivision; 116J.011; 120.0111; 135A.052, subdivision 1; 144.05; 174.02, by adding a subdivision; 175.001, by adding a subdivision; 190.09; 196.05; 216A.07, by adding a subdivision; 241.01, by adding a subdivision; 245.03; 268.0122, by adding a subdivision; 270.02, by adding a subdivision; 299A.01, by adding a subdivision; and 363.05, by adding a subdivision.

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

Pugh, McGuire and Macklin introduced:

H. F. No. 789, A bill for an act relating to data practices; modifying provisions governing the issuance of advisory opinions by the commissioner of administration; providing for access to data and clarifying data classifications; eliminating a sunset; amending Minnesota Statutes 1994, section 13.072, subdivision 1, and by adding a subdivision; Laws 1993, chapter 192, section 110.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 337

Jaros, Perlt, Marko, Workman and Milbert introduced:

H. F. No. 790, A bill for an act relating to taxation; sales and use; providing an exemption to cities or counties for certain adult and juvenile correctional facilities projects; appropriating money; amending Minnesota Statutes 1994, sections 297A.15, by adding a subdivision; and 297A.25, by adding a subdivision.

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

Marko, Lieder, Trimble, Pugh and Perlt introduced:

H. F. No. 791, A bill for an act relating to highways; requiring that a new St. Croix river bridge must be a toll bridge; authorizing issuance of trunk highway bonds.

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

Dauner introduced:

H. F. No. 792, A bill for an act relating to alcoholic beverages; removing statutory minimum restaurant seating capacities and permitting the local license issuing authority to establish minimum restaurant seating capacities; amending Minnesota Statutes 1994, section 340A.101, subdivision 25.

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

Commers introduced:

H. F. No. 793, A bill for an act relating to game and fish; combining firearms and archery licenses to take deer; authorizing taking of one deer by each method; amending Minnesota Statutes 1994, sections 97A.475, subdivisions 2 and 3; and 97B.301, subdivisions 1, 3, 4, 5, and by adding a subdivision; repealing Minnesota Statutes 1994, section 97B.301, subdivision 2.

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

Clark; Anderson, I.; Garcia and Lieder introduced:

H. F. No. 794, A bill for an act relating to the environment; repealing the sunset of the motor vehicle transfer fee and dedicating receipts from the fee to the lead fund; amending Minnesota Statutes 1994, section 115A.908, subdivision 2; repealing Minnesota Statutes 1994, section 115A.908, subdivision 3.

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

Pugh, Milbert and Jacobs introduced:

H. F. No. 795, A bill for an act relating to trusts; limiting liability for hazardous waste to the extent of trust assets; providing for payment of trustee compensation; amending Minnesota Statutes 1994, sections 115B.03, by adding a subdivision; and 501B.71, by adding a subdivision.

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

Carruthers, Pugh, Mariani, Lieder and Orenstein introduced:

H. F. No. 796, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 338

Carruthers, Pugh, Mariani, Lieder and Orenstein introduced:

H. F. No. 797, A bill for an act relating to drivers' licenses; requiring the refund of license fees to applicants who do not receive licenses, duplicate licenses, permits, or Minnesota identification cards within six weeks; amending Minnesota Statutes 1994, section 171.06, by adding a subdivision.

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

Clark, Entenza, Mariani and Orfield introduced:

H. F. No. 798, A bill for an act relating to the governor; requiring the governor to provide human rights information to the national guard.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Trimble introduced:

H. F. No. 799, A bill for an act relating to retirement; permitting the purchase of service credit for St. Paul bureau of health service.

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

Carruthers; Johnson, R.; Garcia; McCollum and Trimble introduced:

H. F. No. 800, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 1994, section 177.24, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Mariani, Trimble, Hausman, Osthoff and Entenza introduced:

H. F. No. 801, A bill for an act relating to the Minnesota Children's Museum; appropriating money.

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

Greiling, Mahon and McGuire introduced:

H. F. No. 802, A bill for an act relating to ethics in government; extending the enforcement authority of the ethical practices board to cover gifts to local officials; making advisory opinions public data; authorizing civil penalties; clarifying certain definitions; clarifying and authorizing exceptions to the ban on gifts; appropriating money; amending Minnesota Statutes 1994, sections 10A.02, subdivision 12; 10A.071, subdivisions 1 and 3; 10A.29; 10A.34; and 471.895, subdivisions 1 and 3.

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

Van Dellen introduced:

H. F. No. 803, A bill for an act relating to taxation; income; changing the dependent care credit; amending Minnesota Statutes 1994, section 290.067, subdivision 1.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 339

Ozment; Anderson, B.; McGuire; Dorn and Hackbarth introduced:

H. F. No. 804, A bill for an act relating to the environment; conforming the definition of sewage sludge to federal language; amending Minnesota Statutes 1994, section 115A.03, subdivision 29.

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

Lourey; Anderson, R.; Huntley; Cooper and Greenfield introduced:

H. F. No. 805, A bill for an act relating to human services; providing medical assistance reimbursement for a comprehensive pharmaceutical care research project; appropriating money.

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

Macklin introduced:

H. F. No. 806, A bill for an act relating to state lands; authorizing the commissioner of natural resources to sell certain land in Scott county.

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

Wagenius, Skoglund and Swenson, D., introduced:

H. F. No. 807, A bill for an act relating to courts; civil commitment; changing the required qualifications of examiners; amending Minnesota Statutes 1994, section 253B.02, subdivision 7.

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

Marko; Johnson, A.; Entenza; Larsen and Mares introduced:

H. F. No. 808, A bill for an act relating to transportation; establishing special license plates for child protection; dedicating fees collected; 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 and Transit.

Entenza, Carruthers, Pelowski, Seagren and Van Engen introduced:

H. F. No. 809, A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Dorn, Dauner, Hugoson and Winter introduced:

H. F. No. 810, A bill for an act relating to the city of Mankato; authorizing the city to establish economic development tax increment financing districts; exempting certain tax increment financing districts from certain aid offsets.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 340

Jennings introduced:

H. F. No. 811, A bill for an act relating to telecommunications; imposing TACIP fee on cellular telephone users; requiring that a person must be able to use a communication device to be eligible to get it; restricting eligibility for communication device for communication-impaired person in a residential care facility when the facility already provides or is required to provide comparable telephone service; abolishing restriction on TACIP board for contracting for operation of the telecommunication relay system; amending Minnesota Statutes 1994, sections 237.52, subdivision 3; 237.53, subdivision 2; and 237.54, subdivision 2.

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

Ozment, Rostberg, Harder, Tomassoni and Trimble introduced:

H. F. No. 812, A bill for an act relating to natural resources; broadening the uses permitted for emergency materials and equipment; amending Minnesota Statutes 1994, section 88.065.

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

Brown and Van Engen introduced:

H. F. No. 813, A bill for an act relating to human services; establishing a temporary payment rate for a recently purchased intermediate care facility for persons with mental retardation or related conditions; amending Minnesota Statutes 1994, section 256B.501, by adding a subdivision.

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

Swenson, D.; Wenzel; Smith; Jennings and Workman introduced:

H. F. No. 814, A bill for an act relating to sentencing; requiring the sentencing guidelines commission to prohibit the use of amenability to treatment or probation as a reason for mitigated sentencing departures; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Mariani, Trimble, Orenstein, Lieder and McCollum introduced:

H. F. No. 815, A bill for an act relating to capital improvements; appropriating money for the removal and replacement of the Wabasha Street bridge in St. Paul; authorizing the issuance of state bonds.

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

Clark, Dorn, Pelowski, Opatz and Marko introduced:

H. F. No. 816, A bill for an act relating to retirement; providing that membership in a public pension plan is an enforceable contractual right and guaranteeing pension payments to retirees; proposing coding for new law in Minnesota Statutes, chapter 356.

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

Marko, Perlt, Jennings, Kinkel and Goodno introduced:

H. F. No. 817, A bill for an act relating to real estate; requiring the commissioner of commerce to design a required disclosure short form to be used in all residential real estate transactions.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.


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Haas, Cooper, Worke, Van Engen and Huntley introduced:

H. F. No. 818, A bill for an act relating to human services; requiring the commissioner of administration to evaluate the potential effectiveness of private sector administration of the MinnesotaCare program.

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

Otremba, Schumacher, Peterson, Lourey and Wenzel introduced:

H. F. No. 819, A bill for an act relating to agriculture; changing limits for agricultural improvement loans; appropriating money; amending Minnesota Statutes 1994, section 41B.043, subdivisions 2 and 3.

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

Mulder introduced:

H. F. No. 820, A bill for an act relating to taxation; providing for the taxation of wind energy conversion systems; amending Minnesota Statutes 1994, sections 272.02, subdivision 1; and 273.37, by adding a subdivision.

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

Mahon; Tunheim; Frerichs; Johnson, R., and Van Engen introduced:

H. F. No. 821, A resolution memorializing Congress to fund the Amtrak system to enable it to continue to serve Minnesota.

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

Mulder, Osskopp, Rostberg, Paulsen and Kraus introduced:

H. F. No. 822, A bill for an act relating to education; allowing school districts to not comply with state program mandates that are not funded; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Abrams, Long, Wejcman, Rest and Van Dellen introduced:

H. F. No. 823, A bill for an act relating to local government; authorizing Hennepin county to lease hospital or nursing home facilities under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 383B.

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

Rest introduced:

H. F. No. 824, A bill for an act relating to tax increment financing; requiring school board approval of tax increment financing plans and modifications; amending Minnesota Statutes 1994, section 469.175, by adding a subdivision.

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

Munger, Wagenius, Leppik, Orfield and Boudreau introduced:

H. F. No. 825, A bill for an act relating to the environment; modifying the toxic pollution prevention act; amending Minnesota Statutes 1994, sections 115A.55, subdivision 3; 115D.03, subdivision 5, and by adding a subdivision; 115D.05; 115D.07, subdivisions 1 and 2; 115D.08, subdivision 1; and 115D.10; repealing Minnesota Statutes 1994, section 115A.165.

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


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Pugh, Brown, Skoglund, Van Engen and Rhodes introduced:

H. F. No. 826, A bill for an act relating to corrections; authorizing peace officers to detain probationers based on an order from the chief executive officer of a community corrections agency; amending Minnesota Statutes 1994, section 401.02, subdivision 4.

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

Lourey, Greenfield and Lindner introduced:

H. F. No. 827, A bill for an act relating to human services; authorizing projects which provide residential services in homes owned by persons with developmental disabilities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 252.

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

Cooper, Greenfield, Otremba and Lindner introduced:

H. F. No. 828, A bill for an act relating to human services; authorizing projects to demonstrate the effectiveness of case management alternatives for persons with developmental disabilities; proposing coding for new law in Minnesota Statutes, chapter 252.

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

Carlson and Rest introduced:

H. F. No. 829, A bill for an act relating to retirement; Crystal volunteer firefighters' relief association and New Hope volunteer firefighters' relief association; authorizing a consolidated volunteer firefighters' relief association for a joint powers fire department servicing the cities of Crystal and New Hope; authorizing a conversion of existing defined benefit plans to a defined contribution plan; ratifying prior benefit plans and related actions; repealing Laws 1969, chapter 1088; Laws 1971, chapter 114; Laws 1978, chapters 562, section 32, and 753; Laws 1979, chapters 97, and 201, section 27; and Laws 1981, chapter 224, sections 250 and 254.

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

Greiling; Rostberg; Perlt; Johnson, R., and Kahn introduced:

H. F. No. 830, A bill for an act relating to state government; revising procedures used for adoption and review of administrative rules; amending Minnesota Statutes 1994, sections 14.04; 14.05, subdivision 1; 14.12; 14.38, subdivisions 1, 7, 8, and 9; 14.46, subdivisions 1, 3, and by adding a subdivision; 14.47, subdivisions 1, 2, and 6; 14.50; 14.51; 17.84; and 84.027, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 3; and 14; repealing Minnesota Statutes 1994, sections 3.842; 3.843; 3.844; 3.845; 3.846; 14.03, subdivision 3; 14.05, subdivisions 2 and 3; 14.06; 14.08; 14.09; 14.10; 14.11; 14.115; 14.131; 14.1311; 14.14; 14.15; 14.16; 14.18, subdivision 1; 14.19; 14.20; 14.22; 14.225; 14.23; 14.235; 14.24; 14.25; 14.26; 14.27; 14.28; 14.29; 14.30; 14.305; 14.31; 14.32; 14.33; 14.34; 14.35; 14.36; 14.365; 14.38, subdivisions 4, 5, and 6; and 17.83.

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

Perlt and Delmont introduced:

H. F. No. 831, A bill for an act relating to motor vehicles; clarifying power to appoint motor vehicle deputy registrars; amending Minnesota Statutes 1994, section 373.35, subdivision 1.

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


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Onnen, Leppik, McCollum, Lynch and Marko introduced:

H. F. No. 832, A bill for an act relating to health; requiring planning for a program to promote the long-term development of children and to prevent abuse; 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 and Human Services.

Long, Kelley, Weaver, Larsen and McGuire introduced:

H. F. No. 833, A bill for an act relating to local government; modifying certain provisions relating to comprehensive municipal planning in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.235, subdivisions 3, 5, and by adding a subdivision; 462.355, by adding a subdivision; 462.357, subdivision 2, and by adding a subdivision; 473.858, subdivision 1; 473.859, subdivisions 1, 2, and 5; and 473.864, subdivision 2.

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

Ozment, Hausman, Lynch and Kahn introduced:

H. F. No. 834, A bill for an act relating to state departments; abolishing the pollution control agency; creating the department of environmental protection; amending Minnesota Statutes 1994, sections 15.01; 115C.03, subdivision 7a; 116.02, subdivisions 1, 2, 3, 4, and by adding subdivisions; 116.03, subdivisions 1 and 2; 116C.69, subdivision 3; and 514.673, subdivision 3; repealing Minnesota Statutes 1994, sections 116.02, subdivision 5; and 116.03, subdivision 6.

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

Trimble, McGuire and Weaver introduced:

H. F. No. 835, A bill for an act relating to claims against governmental units; increasing liability limits; providing for inflation adjustment; exempting medical expenses; amending Minnesota Statutes 1994, sections 3.736, subdivisions 4, 4a, and by adding subdivisions; and 466.04, subdivision 1.

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

Osskopp, Dempsey and Ozment introduced:

H. F. No. 836, A bill for an act relating to capital improvements; appropriating money for the Cannon Valley Trail; authorizing the sale of state bonds.

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

Clark, Kinkel, Wejcman and Greenfield introduced:

H. F. No. 837, A bill for an act relating to the Minnesota board on aging; the Indian elder access program; appropriating money.

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

Bishop, Long, Frerichs and Bradley introduced:

H. F. No. 838, A bill for an act relating to Olmstead county; authorizing the county to create a nonprofit corporation to own and operate a hospital and medical center; providing the county board with related powers and duties.

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


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Weaver introduced:

H. F. No. 839, A bill for an act relating to retirement; public employees retirement association; removing the five-year limitation on the payment of contributions to receive allowable service for an authorized leave of absence to enter military service; amending Minnesota Statutes 1994, section 353.01, subdivision 16.

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

Kelley, Rhodes, Dawkins, Paulsen and Schumacher introduced:

H. F. No. 840, A bill for an act relating to crime prevention; requiring certain information to be gathered from crime victims and presented at bail hearings; requiring notification to certain victims of bail hearings; requiring notification to local law enforcement agencies of the pretrial release of certain defendants; directing that a plan be developed and a pilot project funded for a child abuse telephone helpline; requiring certain persons who interview children to have specific training; appropriating money; amending Minnesota Statutes 1994, section 629.715, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 257; and 629.

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

Kinkel and Hasskamp introduced:

H. F. No. 841, A bill for an act relating to education; providing for cooperation and combination revenue for independent school district No. 2174, Pine River-Backus.

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

Jennings, Lourey, Greenfield and Delmont introduced:

H. F. No. 842, A bill for an act relating to human services; authorizing appeals by vendors of day training and habilitation services; amending Minnesota Statutes 1994, section 252.46, by adding a subdivision.

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

Lourey, Simoneau, Ostrom, Leppik and Davids introduced:

H. F. No. 843, A bill for an act relating to insurance; health; requiring coverage for hospitalization and anesthesia coverage for dental procedures; requiring coverage for general anesthesia and treatment for covered medical conditions rendered by a dentist; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

Lourey and Greenfield introduced:

H. F. No. 844, A bill for an act relating to human services; clarifying variance criteria for day training and habilitation services; allowing a payment rate to continue under certain circumstances; amending Minnesota Statutes 1994, section 252.46, subdivision 6, and by adding a subdivision.

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

Swenson, D.; Farrell; Wejcman and Macklin introduced:

H. F. No. 845, A bill for an act relating to human services; child support obligation and enforcement; amending Minnesota Statutes 1994, sections 256.978, subdivision 1; 518.171, subdivision 2a; 518.575; 518.611, subdivisions 1, 2, and 8a; 518.613, subdivisions 1 and 2; 518.614, subdivision 1; 518C.310; 548.15; and 609.375, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 1994, section 518.561.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 345

Erhardt, Koppendrayer, Rhodes, Mares and Sykora introduced:

H. F. No. 846, A bill for an act relating to taxation; property; providing for deferment of taxes of senior citizens who meet certain income requirements; appropriating money; amending Minnesota Statutes 1994, sections 275.065, subdivision 3; and 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 273.

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

Murphy, Wejcman, McGuire and Luther introduced:

H. F. No. 847, A bill for an act relating to appropriations; authorizing funding to train criminal justice officials in interviewing child sexual abuse victims; appropriating money.

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

Luther, Long, Carruthers, Skoglund and Garcia introduced:

H. F. No. 848, A bill for an act relating to metropolitan transit; appropriating money for security measures on metropolitan council transit vehicles.

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

Seagren, Sykora, Koppendrayer, Greiling and Mariani introduced:

H. F. No. 849, A bill for an act relating to education; adding education aid programs to be used to adjust state aid payments for property tax shift adjustment; discontinuing reserved revenue for student examination fees for advanced placement and international baccalaureate programs; modifying procedure for district transportation of a nonresident pupil; allowing for transportation of pupils from home or secondary school to post-secondary institution; providing criteria of use for certain school buses; modifying early levy recognition of late activity levy; modifying timelines to file objections to school district decisions regarding children with a disability; providing for immunity from liability for hearing officers for decisions regarding children with a disability; providing for reasonable accommodations for students with a disability attending post-secondary institutions under the post-secondary enrollment option program; modifying grant program to assist American Indians to become teachers; modifying requirements for teaching licenses in American Indian language and culture education; allocating money among special education aid programs; requiring one-year expulsion of a pupil who brings a firearm to school; modifying allocation of capital expenditure facilities revenue to exclude allocation to debt redemption fund; allowing consolidating districts to make fund transfers; making combination proceedings equivalent to consolidation; limiting eligibility for consolidation transition revenue; permitting the department to employ school district personnel working on the graduation rule for up to five years; discontinuing department of education school finance study requirement; extending Pine Point schools; extending administrative licensure rules; modifying librarians of color program; providing option under which multicounty, multitype library systems can be governed; clarifying law governing the state academy for the deaf and the state academy for the blind; amending Minnesota Statutes 1994, sections 120.062, subdivision 9; 120.17, subdivision 3b; 121.11, subdivision 7c; 121.912, subdivision 6; 122.21, subdivision 4; 123.3514, subdivisions 7, 8, and by adding a subdivision; 123.39, subdivision 6; 124.155, subdivision 2; 124.225, subdivision 1; 124.226, subdivision 9; 124.2726, subdivision 1; 125.62, subdivision 7; 126.49, by adding a subdivision; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, subdivision 1; 134.155; and 134.351, subdivision 4; Laws 1993, chapter 224, article 12 sections 39 and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127; repealing Minnesota Statutes 1994, sections 124.243, subdivision 9; 124A.27, subdivision 11; 128A.02, subdivisions 2 and 4; and 128A.03; Laws 1992, chapter 499, article 7, section 27.

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

Munger; Jaros; Huntley; Johnson, V., and Rukavina introduced:

H. F. No. 850, A bill for an act relating to water pollution; creating a revolving fund; requiring the department of trade and economic development and the pollution control agency to adopt rules; proposing coding for new law in Minnesota Statutes, chapter 446A.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 346

Dehler introduced:

H. F. No. 851, A bill for an act relating to insurance; clarifying that insurance coverage for special dietary treatment for phenylketonuria includes protein modified food products; amending Minnesota Statutes 1994, section 62A.26, subdivision 2.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Jennings, McCollum, Lindner, Vickerman and Cooper introduced:

H. F. No. 852, A bill for an act relating to human services; state health care programs; dental care services; appropriating money; amending Minnesota Statutes 1994, sections 256B.0644; and 256B.76.

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

Brown introduced:

H. F. No. 853, A bill for an act relating to the military; exempting the national guard and the department of military affairs from certain prohibitions concerning weapons; amending Minnesota Statutes 1994, section 609.66, subdivision 2.

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

Milbert, Dawkins, Macklin, Erhardt and Rest introduced:

H. F. No. 854, A bill for an act relating to taxation; updating references to the Internal Revenue Code; amending Minnesota Statutes 1994, section 290.01, subdivision 19.

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

Erhardt, Bradley, Sykora and Knoblach introduced:

H. F. No. 855, A bill for an act proposing an amendment to the Minnesota Constitution; changing article IV, section 4, and article V, section 1, providing limits for legislative and executive service.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Bishop; Olson, E.; Pugh; Simoneau and Davids introduced:

H. F. No. 856, A bill for an act relating to ethics in government; extending the enforcement authority of the ethical practices board to cover gifts to local officials; making advisory opinions public data; authorizing civil penalties; clarifying certain definitions; clarifying and authorizing exceptions to the ban on gifts; appropriating money; amending Minnesota Statutes 1994, sections 10A.01, subdivision 28; 10A.02, subdivision 12; 10A.071, subdivisions 1 and 3; 10A.34; and 471.895, subdivisions 1 and 3.

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

Kahn, Carruthers, Smith, Mahon and Kelso introduced:

H. F. No. 857, A bill for an act relating to telecommunications; enacting emerging communications services act; encouraging development and proliferation of emerging communications services in Minnesota; authorizing local authorities to control the use of public property and public rights-of-way by communications providers; requiring rules; authorizing permits, fees, and charges against gross revenues; imposing a penalty; proposing coding for new law as Minnesota Statutes, chapter 237A.

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


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Munger, Jaros, Huntley, Murphy and Lourey introduced:

H. F. No. 858, A bill for an act relating to the city of Duluth; appropriating money from the bond proceeds fund for improvements to the Lake Superior Zoological Gardens.

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

Clark, Long, Orfield, McGuire and Weaver introduced:

H. F. No. 859, A bill for an act relating to the city of Minneapolis; authorizing the city to determine the method for the sale of unclaimed property; repealing Laws 1919, chapter 396.

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

Lourey, Tomassoni, Leppik, Entenza and Rest introduced:

H. F. No. 860, A bill for an act relating to health education; appropriating money for equipment used in adolescent pregnancy prevention efforts.

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

Mulder introduced:

H. F. No. 861, A bill for an act relating to education; providing for independent school district No. 583, Pipestone, to transfer funds from its debt redemption fund to its capital expenditure fund.

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

Mariani introduced:

H. F. No. 862, A bill for an act relating to employment; modifying the reference to a certain financial assistance recipient; amending Minnesota Statutes 1994, sections 268.52, subdivisions 1 and 2; and 268.53, subdivisions 2 and 5.

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

Knight, Broecker, Larsen, Hackbarth and Osskopp introduced:

H. F. No. 863, A bill for an act relating to retirement; legislators retirement; establishing defined contribution plan retirement coverage for certain legislators; amending Minnesota Statutes 1994, sections 3A.02, subdivision 1; 3A.03; 3A.04, subdivisions 1 and 2; 3A.12, subdivision 1; 352D.02, subdivision 3; 352D.03; 352D.04, subdivision 2; 352D.11, subdivision 1; and 352D.12; proposing coding for new law in Minnesota Statutes, chapters 3A; and 352D.

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

Jefferson; Johnson, R.; Simoneau; Lourey and Smith introduced:

H. F. No. 864, A bill for an act relating to taxation; changing the gross premiums tax rate imposed on certain insurance companies; amending Minnesota Statutes 1994, section 60A.15, subdivision 1.

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

Dehler introduced:

H. F. No. 865, A bill for an act relating to liquor; authorizing brewers or malt liquor wholesalers to furnish without charge to retailers, reasonable quantities of malt liquor for sampling only; amending Minnesota Statutes 1994, section 340A.308.

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


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Osskopp, Long and Weaver introduced:

H. F. No. 866, A bill for an act relating to local government; authorizing home rule charter and statutory cities to make grants to nonprofit community food shelves; proposing coding for new law in Minnesota Statutes, chapter 465.

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

Orenstein, Brown, Girard, Murphy and Tunheim introduced:

H. F. No. 867, A bill for an act relating to state government; creating an office of customer service; requiring certain actions to meet customer needs; imposing time limits for certain state agency actions; proposing coding for new law in Minnesota Statutes, chapter 4.

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

Johnson, A.; Mares; Entenza and Schumacher introduced:

H. F. No. 868, A bill for an act relating to education; providing for a report on child assessment and case management procedures used by the education and human services systems.

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

Clark, Rice, Jaros, Rukavina and Kalis introduced:

H. F. No. 869, A bill for an act relating to economic development; requiring private businesses with state financial assistance to pay a livable wage and increase employment; proposing coding for new law in Minnesota Statutes, chapter 177.

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

Ness, Carlson, Seagren, Cooper and Johnson, A., introduced:

H. F. No. 870, A bill for an act relating to education; allowing the transfer of certain capital expenditure revenue between accounts in certain cases; amending Minnesota Statutes 1994, sections 124.243, subdivisions 1, 7, and 8; and 124.244, subdivision 4.

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

Brown; Entenza; Jennings; Swenson, H., and Luther introduced:

H. F. No. 871, A bill for an act relating to occupations and professions; requiring that concrete and masonry contractors be licensed as residential contractors; amending Minnesota Statutes 1994, sections 326.83, subdivisions 7, 19, and by adding a subdivision; 326.842; and 326.94, subdivision 1.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Huntley, Davids, Simoneau, Jennings and Onnen introduced:

H. F. No. 872, A bill for an act relating to insurance; regulating the sale of long-term care insurance; making technical changes; amending Minnesota Statutes 1994, sections 61A.072, subdivisions 1, 4, and by adding a subdivision; 62A.011, subdivision 3; 62A.31, subdivision 6; 62L.02, subdivision 15; and 295.50, subdivisions 6 and 6a; proposing coding for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Statutes 1994, sections 62A.46; 62A.48; 62A.50; 62A.52; 62A.54; and 62A.56.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.


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Van Dellen and Jaros introduced:

H. F. No. 873, A bill for an act relating to economic development; changing certain departmental operating procedures; altering the corporate structure of Advantage Minnesota, Inc.; clarifying economic development authority powers; amending Minnesota Statutes 1994, sections 116J.58, subdivision 1; 116J.693, subdivisions 2, 3, 4, and 5; 116N.02, subdivision 1; 116N.06; 446A.03, subdivision 4; and 469.102, subdivision 2.

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

Cooper, Worke, Vickerman, Lourey and Wejcman introduced:

H. F. No. 874, A bill for an act relating to health; establishing a health insurance counseling and assistance program; appropriating money; 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 and Human Services.

Greiling, Schumacher, Sykora and McGuire introduced:

H. F. No. 875, A bill for an act relating to the legislature; requiring rotation of committee and division chairs; proposing coding for new law in Minnesota Statutes, chapter 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Dorn, Ostrom, Hugoson and Kalis introduced:

H. F. No. 876, A bill for an act relating to education; providing funding for the Mankato area Model School for Truants; appropriating money.

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

Simoneau introduced:

H. F. No. 877, A bill for an act relating to insurance; private passenger vehicle insurance; providing for a premium reduction for vehicles having antitheft alarms or devices; defining terms; proposing coding for new law in Minnesota Statutes, chapter 65B.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Dehler and Johnson, V., introduced:

H. F. No. 878, A bill for an act relating to drivers' licenses; providing for firearms safety designation on driver's license; amending Minnesota Statutes 1994, section 171.07, by adding a subdivision.

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

Jennings, Simoneau, Delmont, Davids and Tomassoni introduced:

H. F. No. 879, A bill for an act relating to insurance; credit; requiring prompt refunds of unearned premiums by the original creditor when a loan is repaid early; amending Minnesota Statutes 1994, section 62B.05.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.


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Jennings introduced:

H. F. No. 880, A bill for an act relating to marriage dissolution; providing for equal right to support for each of a parent's children; amending Minnesota Statutes 1994, sections 518.551, by adding a subdivision; and 518.64, subdivision 2.

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

Pugh, Milbert, Tompkins, Pawlenty and Commers introduced:

H. F. No. 881, A bill for an act relating to crime; expanding the scope of the dangerous and career offender sentencing law and the crimes of second degree murder, criminal sexual conduct in the fifth degree, burglary in the first degree, and harassment and stalking; limiting the authority of courts to stay mandatory minimum sentences for repeat sex offenders; expanding the restitution laws; amending Minnesota Statutes 1994, sections 609.152, subdivision 1; 609.19; 609.3451, subdivision 1; 609.346, subdivision 2; 609.582, subdivision 1; 609.749, subdivision 5; 611A.01; 611A.04, subdivisions 1 and 1a; and 624.712, subdivision 5.

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

Mahon, Leighton, Wolf, Perlt and Johnson, R., introduced:

H. F. No. 882, A bill for an act relating to employment; modifying provisions relating to payment of wages; amending Minnesota Statutes 1994, sections 181.032; 181.13; and 181.14.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Goodno introduced:

H. F. No. 883, A bill for an act relating to consumer protection; regulating sales of dogs and cats; modifying the rights of purchasers; amending Minnesota Statutes 1994, section 325F.791, subdivision 6.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Simoneau introduced:

H. F. No. 884, A bill for an act relating to health care; adding an exception to the nursing home moratorium; expanding a special provision for medical assistance reimbursement of moratorium exceptions; appropriating money; amending Minnesota Statutes 1994, sections 144A.071, subdivision 4a; and 256B.431, subdivision 17.

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

Lourey, Clark, Bakk, Jaros and Long introduced:

H. F. No. 885, A bill for an act relating to economic development; establishing a microenterprise support program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Pugh, Dehler, Bertram and Solberg introduced:

H. F. No. 886, A bill for an act relating to civil actions; imputing liability in dram shop actions; amending Minnesota Statutes 1994, section 340A.801, subdivision 3.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 351

Rice introduced:

H. F. No. 887, A bill for an act relating to public administration; providing St. Paul with additional authority in regard to the teacher training institute; amending Laws 1994, chapter 643, section 72.

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

Lieder, Peterson, Kalis, Otremba and Olson, E., introduced:

H. F. No. 888, A bill for an act relating to workers' compensation; providing for insurance regulation; regulating benefits; appropriating money; amending Minnesota Statutes 1994, sections 79.50; 79.51, subdivisions 1 and 3; 79.53, subdivision 1; 79.55, subdivisions 2, 5, and by adding subdivisions; 79.56, subdivisions 1 and 3; 176.021, subdivisions 3 and 3a; 176.101, subdivisions 1, 3g, 3l, 3m, 3o, 3q, 4, and 5; 176.645, subdivision 1; and 176.66, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 79; repealing Minnesota Statutes 1994, sections 79.53, subdivision 2; 79.54; 79.56, subdivision 2; 79.57; 79.58; and 176.132, subdivisions 1 and 2.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

McGuire introduced:

H. F. No. 889, A bill for an act relating to statutes of limitations; enacting the uniform conflict of laws-limitations act; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Molnau, Sviggum, Dehler, Bishop and Dempsey introduced:

H. F. No. 890, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, and 12; 103G.237, subdivision 4; and 103G.2372, subdivision 1; repealing Minnesota Statutes 1994, section 103G.2242, subdivisions 9 and 13.

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

Johnson, R.; Jefferson; Smith and Bertram introduced:

H. F. No. 891, A bill for an act relating to retirement; increasing employer and employee contributions and annuities payable by the Minnesota state retirement system and the public employees retirement association; amending Minnesota Statutes 1994, sections 352.04, subdivisions 2 and 3; 352.115, subdivision 3; 353.27, subdivision 2; 353.29, subdivision 3; and 356.30, subdivision 1.

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

Tomassoni, McCollum, Ness, Carlson and Johnson, A., introduced:

H. F. No. 892, A bill for an act relating to education; modifying provisions relating to school bus safety; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.225, subdivisions 7f and 8m; 124.226, by adding a subdivision; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.447, subdivision 6; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 4, 5, and by adding a subdivision; 171.3215, subdivisions 1, 2, and 3; and 631.40, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 169.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 352

Wejcman, Skoglund and Murphy introduced:

H. F. No. 893, A bill for an act relating to public safety; establishing crime information systems office in department of public safety; amending Minnesota Statutes 1994, sections 299C.18; 299C.21; 299C.22, subdivision 2; and 299C.46, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299C; repealing Minnesota Statutes 1994, section 299C.36; and 299C.46, subdivision 5.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 137, A bill for an act relating to utilities; abolishing sunset provision related to competitive rates for electric utilities; making technical changes; amending Laws 1990, chapter 370, section 7; repealing Minnesota Statutes 1994, section 216B.162, subdivision 9.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 47, A bill for an act relating to solid waste; merging two conflicting amendments to the solid waste generator assessment statute that were enacted in 1994; correcting and clarifying terminology; amending Minnesota Statutes 1994, section 116.07, subdivision 10; repealing Laws 1994, chapter 510, article 6, section 1.

Patrick E. Flahaven, Secretary of the Senate

Wagenius moved that the House refuse to concur in the Senate amendments to H. F. No. 47, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 91 and 168.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 91, A bill for an act relating to gambling; providing eligibility for participation as a provider in the state compulsive gambling program; amending Minnesota Statutes 1994, section 245.98, subdivision 2.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 353

S. F. No. 168, A bill for an act relating to elections; providing for simulated elections for minors; proposing coding for new law in Minnesota Statutes, chapter 204B.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

CONSENT CALENDAR

H. F. No. 216, A bill for an act relating to motor vehicles; changing definition of fleet for vehicle registration purposes; amending Minnesota Statutes 1994, section 168.011, subdivision 34.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Solberg
Anderson, B. Frerichs     Kraus        Onnen        Sviggum
Anderson, R. Garcia       Larsen       Opatz        Swenson, D.
Bertram      Girard       Leighton     Orenstein    Swenson, H.
Bettermann   Goodno       Leppik       Osskopp      Sykora
Bishop       Greenfield   Lieder       Osthoff      Tomassoni
Boudreau     Haas         Lindner      Ostrom       Tompkins
Bradley      Hackbarth    Long         Otremba      Trimble
Broecker     Harder       Lourey       Ozment       Tuma
Brown        Hasskamp     Luther       Paulsen      Tunheim
Carlson      Hausman      Lynch        Pawlenty     Van Dellen
Carruthers   Holsten      Macklin      Pelowski     Van Engen
Clark        Hugoson      Mahon        Perlt        Vickerman
Commers      Huntley      Mares        Peterson     Wagenius
Cooper       Jacobs       Mariani      Pugh         Weaver
Daggett      Jaros        Marko        Rest         Wejcman
Dauner       Jefferson    McCollum     Rhodes       Wenzel
Davids       Jennings     McElroy      Rice         Winter
Dawkins      Johnson, A.  McGuire      Rostberg     Wolf
Dehler       Johnson, R.  Milbert      Rukavina     Worke
Delmont      Johnson, V.  Molnau       Sarna        Workman
Dempsey      Kahn         Mulder       Schumacher   Sp.Anderson,I
Dorn         Kalis        Munger       Seagren      
Entenza      Kelso        Murphy       Simoneau     
Erhardt      Kinkel       Ness         Skoglund     
Farrell      Knight       Olson, E.    Smith        
Those who voted in the negative were:

Krinkie                   
The bill was passed and its title agreed to.

H. F. No. 331, A bill for an act relating to health; modifying provisions relating to access to patients and residents; amending Minnesota Statutes 1994, sections 144.651, subdivisions 21 and 26; and 253B.03, subdivisions 3 and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kinkel       Ness         Seagren
Anderson, B. Finseth      Knight       Olson, E.    Simoneau

JOURNAL OF THE HOUSE - 19th Day - Top of Page 354
Anderson, R. Frerichs Koppendrayer Olson, M. Skoglund Bakk Garcia Kraus Onnen Smith Bertram Girard Krinkie Opatz Solberg Bettermann Goodno Larsen Orenstein Sviggum Bishop Greenfield Leighton Orfield Swenson, D. Boudreau Greiling Leppik Osskopp Swenson, H. Bradley Haas Lieder Osthoff Sykora Broecker Hackbarth Lindner Ostrom Tomassoni Brown Harder Long Otremba Tompkins Carlson Hasskamp Lourey Ozment Trimble Carruthers Hausman Luther Paulsen Tuma Clark Holsten Lynch Pawlenty Tunheim Commers Hugoson Macklin Pellow Van Dellen Cooper Huntley Mahon Pelowski Van Engen Daggett Jacobs Mares Perlt Vickerman Dauner Jaros Mariani Peterson Wagenius Davids Jefferson Marko Pugh Weaver Dawkins Jennings McCollum Rest Wejcman Dehler Johnson, A. McElroy Rhodes Wenzel Delmont Johnson, R. McGuire Rice Winter Dempsey Johnson, V. Milbert Rostberg Wolf Dorn Kahn Mulder Rukavina Worke Entenza Kalis Munger Sarna Sp.Anderson,I Erhardt Kelso Murphy Schumacher
The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Thursday, February 23, 1995:

S. F. No. 141; H. F. Nos. 341, 387 and 464; and S. F. No. 33.

SPECIAL ORDERS

S. F. No. 141 was reported to the House.

Osthoff moved to amend S. F. No. 141, the unofficial engrossment, as follows:

Page 5, line 9, delete "(a)"

Page 5, delete lines 17 to 25, and insert:

"Sec. 8. Minnesota Statutes 1994, section 205A.11, is amended by adding a subdivision to read:

Subd. 2a. [NOTICE OF SPECIAL ELECTIONS.] The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election, the hours of voting and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on the day of the school district primary or general election, the Tuesday following the second Monday in September, the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor."

Renumber succeeding sections

Page 6, delete lines 30 to 32 and insert:

"Sections 1 to 4, 6, 7, and 9 to 11 are effective the day following final enactment. Section 5 is effective January 1, 1998. Section 8 is effective January 1, 1996."

Amend the title as follows:

Page 1, line 14, before the second semicolon, insert ", and by adding a subdivision"

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 355

S. F. No. 141, A bill for an act relating to elections; providing for review of certain school board plans by the secretary of state; changing allocation of certain election expenses; providing for retention of election materials; clarifying terms of office and election frequency in certain cities; providing for transition in certain offices; authorizing the use of more than one combined polling place in certain school board elections; providing for dissolution of certain election districts; amending Minnesota Statutes 1994, sections 122.23, by adding a subdivision; 122.242, subdivision 1; 204B.32, subdivision 2; 204B.40; 205.07, subdivision 1; 205.84, by adding a subdivision; 205A.11, subdivision 2; 205A.12, by adding a subdivision; and Laws 1994, chapter 646, section 26, subdivision 3.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Onnen        Solberg
Anderson, B. Garcia       Krinkie      Opatz        Sviggum
Anderson, R. Girard       Larsen       Orenstein    Swenson, D.
Bakk         Goodno       Leighton     Orfield      Swenson, H.
Bertram      Greenfield   Leppik       Osskopp      Sykora
Bettermann   Greiling     Lieder       Osthoff      Tomassoni
Bishop       Haas         Lindner      Ostrom       Tompkins
Boudreau     Hackbarth    Long         Otremba      Trimble
Bradley      Harder       Lourey       Ozment       Tuma
Broecker     Hasskamp     Luther       Paulsen      Tunheim
Brown        Hausman      Lynch        Pawlenty     Van Dellen
Carlson      Holsten      Macklin      Pellow       Van Engen
Carruthers   Hugoson      Mahon        Pelowski     Vickerman
Clark        Huntley      Mares        Perlt        Wagenius
Commers      Jacobs       Mariani      Peterson     Weaver
Cooper       Jaros        Marko        Pugh         Wejcman
Daggett      Jefferson    McCollum     Rest         Wenzel
Davids       Jennings     McElroy      Rhodes       Winter
Dawkins      Johnson, A.  McGuire      Rice         Wolf
Dehler       Johnson, R.  Milbert      Rostberg     Worke
Delmont      Johnson, V.  Molnau       Rukavina     Workman
Dempsey      Kahn         Mulder       Sarna        Sp.Anderson,I
Dorn         Kalis        Munger       Schumacher   
Entenza      Kelso        Murphy       Seagren      
Erhardt      Kinkel       Ness         Simoneau     
Farrell      Knight       Olson, E.    Skoglund     
Finseth      Koppendrayer Olson, M.    Smith        
The bill was passed, as amended, and its title agreed to.

H. F. No. 341 was reported to the House.

Koppendrayer and Weaver moved to amend H. F. No. 341, the first engrossment, as follows:

Page 2, line 2, after the period, insert "For the purposes of this subdivision, good cause includes, but is not limited to, enrollment of the pupil in another school, or the developmental immaturity of the child."

A roll call was requested and properly seconded.

The question was taken on the Koppendrayer and Weaver amendment and the roll was called. There were 62 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Sykora
Anderson, B. Frerichs     Larsen       Ozment       Tompkins
Bettermann   Girard       Leppik       Paulsen      Tuma
Bishop       Goodno       Lindner      Pawlenty     Van Dellen
Boudreau     Haas         Lynch        Pellow       Van Engen
Bradley      Hackbarth    Macklin      Pelowski     Vickerman
Broecker     Harder       Mares        Rhodes       Weaver
Commers      Holsten      McElroy      Rostberg     Wolf
Daggett      Hugoson      Molnau       Seagren      Worke
Davids       Johnson, V.  Mulder       Smith        Workman 
Dehler       Knight       Ness         Sviggum      
Dempsey      Koppendrayer Olson, M.    Swenson, D.  
Erhardt      Kraus        Onnen        Swenson, H.  

JOURNAL OF THE HOUSE - 19th Day - Top of Page 356
Those who voted in the negative were:

Anderson, R. Garcia       Kelso        Murphy       Schumacher
Bakk         Greenfield   Kinkel       Olson, E.    Simoneau
Bertram      Greiling     Leighton     Opatz        Skoglund
Brown        Hasskamp     Lieder       Orenstein    Solberg
Carlson      Hausman      Long         Orfield      Tomassoni
Carruthers   Huntley      Lourey       Ostrom       Trimble
Clark        Jacobs       Luther       Otremba      Tunheim
Cooper       Jaros        Mahon        Perlt        Wagenius
Dauner       Jefferson    Mariani      Peterson     Wejcman
Dawkins      Jennings     Marko        Pugh         Wenzel
Delmont      Johnson, A.  McCollum     Rest         Winter
Dorn         Johnson, R.  McGuire      Rice         Sp.Anderson,I
Entenza      Kahn         Milbert      Rukavina     
Farrell      Kalis        Munger       Sarna        
The motion did not prevail and the amendment was not adopted.

Hugoson was excused for the remainder of today's session.

H. F. No. 341, A bill for an act relating to education; modifying compulsory education requirements for children under the age of seven; amending Minnesota Statutes 1994, section 120.101, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 94 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kalis        Murphy       Sarna
Anderson, R. Farrell      Kelso        Ness         Schumacher
Bakk         Frerichs     Kinkel       Olson, E.    Seagren
Bertram      Garcia       Kraus        Opatz        Simoneau
Bettermann   Goodno       Larsen       Orenstein    Skoglund
Bishop       Greenfield   Leighton     Orfield      Solberg
Brown        Greiling     Leppik       Osskopp      Swenson, D.
Carlson      Harder       Lieder       Osthoff      Tomassoni
Carruthers   Hasskamp     Long         Ostrom       Tompkins
Clark        Hausman      Lourey       Ozment       Trimble
Cooper       Holsten      Luther       Pellow       Tunheim
Daggett      Huntley      Mahon        Pelowski     Van Engen
Dauner       Jacobs       Mares        Perlt        Wagenius
Davids       Jaros        Mariani      Peterson     Weaver
Dawkins      Jefferson    Marko        Pugh         Wejcman
Delmont      Jennings     McCollum     Rest         Wenzel
Dempsey      Johnson, A.  McGuire      Rhodes       Winter
Dorn         Johnson, R.  Milbert      Rice         Sp.Anderson,I
Entenza      Kahn         Munger       Rukavina     
Those who voted in the negative were:

Anderson, B. Haas         Macklin      Pawlenty     Vickerman
Boudreau     Hackbarth    McElroy      Rostberg     Wolf
Bradley      Johnson, V.  Molnau       Smith        Worke
Broecker     Knight       Mulder       Sviggum      Workman 
Commers      Koppendrayer Olson, M.    Swenson, H.  
Dehler       Krinkie      Onnen        Sykora       
Finseth      Lindner      Otremba      Tuma         
Girard       Lynch        Paulsen      Van Dellen   
The bill was passed and its title agreed to.

H. F. No. 387, A bill for an act relating to health; modifying provisions relating to emergency services workers; amending Minnesota Statutes 1994, section 144.804, subdivision 1.

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


JOURNAL OF THE HOUSE - 19th Day - Top of Page 357

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Olson, E.    Simoneau
Anderson, B. Finseth      Kraus        Olson, M.    Skoglund
Anderson, R. Frerichs     Krinkie      Onnen        Smith
Bakk         Garcia       Larsen       Opatz        Solberg
Bertram      Girard       Leighton     Orenstein    Sviggum
Bettermann   Goodno       Leppik       Orfield      Swenson, D.
Bishop       Greenfield   Lieder       Osskopp      Swenson, H.
Boudreau     Greiling     Lindner      Osthoff      Sykora
Bradley      Haas         Long         Ostrom       Tomassoni
Broecker     Harder       Lourey       Otremba      Tompkins
Brown        Hasskamp     Luther       Ozment       Trimble
Carlson      Hausman      Lynch        Paulsen      Tuma
Carruthers   Holsten      Macklin      Pawlenty     Tunheim
Clark        Huntley      Mahon        Pellow       Van Dellen
Commers      Jacobs       Mares        Pelowski     Van Engen
Cooper       Jaros        Mariani      Perlt        Vickerman
Daggett      Jefferson    Marko        Peterson     Wagenius
Dauner       Jennings     McCollum     Pugh         Weaver
Davids       Johnson, A.  McElroy      Rest         Wejcman
Dawkins      Johnson, R.  McGuire      Rhodes       Wenzel
Dehler       Johnson, V.  Milbert      Rice         Winter
Delmont      Kahn         Molnau       Rostberg     Wolf
Dempsey      Kalis        Mulder       Rukavina     Worke
Dorn         Kelso        Munger       Sarna        Workman
Entenza      Kinkel       Murphy       Schumacher   Sp.Anderson,I
Erhardt      Knight       Ness         Seagren      
Those who voted in the negative were:

Hackbarth                 
The bill was passed and its title agreed to.

H. F. No. 464, A bill for an act relating to motor vehicles; limiting license plate impoundment provisions to self-propelled motor vehicles; amending Minnesota Statutes 1994, sections 168.041, subdivisions 1, 2, and 3; and 168.042, subdivisions 2, 3, 5, 13, and 14.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Onnen        Solberg
Anderson, B. Frerichs     Krinkie      Opatz        Sviggum
Anderson, R. Garcia       Larsen       Orenstein    Swenson, D.
Bakk         Girard       Leighton     Orfield      Swenson, H.
Bertram      Goodno       Leppik       Osskopp      Sykora
Bettermann   Greenfield   Lieder       Osthoff      Tomassoni
Bishop       Greiling     Lindner      Ostrom       Tompkins
Boudreau     Haas         Long         Otremba      Trimble
Bradley      Hackbarth    Lourey       Ozment       Tuma
Broecker     Harder       Luther       Paulsen      Tunheim
Brown        Hasskamp     Lynch        Pawlenty     Van Dellen
Carlson      Hausman      Macklin      Pellow       Van Engen
Carruthers   Holsten      Mahon        Pelowski     Vickerman
Clark        Huntley      Mares        Perlt        Wagenius
Commers      Jacobs       Mariani      Peterson     Weaver
Cooper       Jaros        Marko        Pugh         Wejcman
Daggett      Jefferson    McCollum     Rest         Wenzel
Dauner       Jennings     McElroy      Rhodes       Winter
Davids       Johnson, A.  McGuire      Rice         Wolf
Dawkins      Johnson, R.  Milbert      Rostberg     Worke
Dehler       Johnson, V.  Molnau       Rukavina     Workman
Delmont      Kahn         Mulder       Sarna        Sp.Anderson,I
Dempsey      Kalis        Munger       Schumacher   
Dorn         Kelso        Murphy       Seagren      
Entenza      Kinkel       Ness         Simoneau     
Erhardt      Knight       Olson, E.    Skoglund     
Farrell      Koppendrayer Olson, M.    Smith        
The bill was passed and its title agreed to.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 358

S. F. No. 33, A bill for an act relating to drivers' licenses; permitting certain licensees to wear headwear in driver's license and Minnesota identification card photographs; amending Minnesota Statutes 1994, section 171.071.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, E.    Simoneau
Anderson, B. Finseth      Koppendrayer Olson, M.    Skoglund
Anderson, R. Frerichs     Kraus        Onnen        Smith
Bakk         Garcia       Krinkie      Opatz        Solberg
Bertram      Girard       Larsen       Orenstein    Sviggum
Bettermann   Goodno       Leighton     Orfield      Swenson, D.
Bishop       Greenfield   Leppik       Osskopp      Swenson, H.
Boudreau     Greiling     Lieder       Osthoff      Sykora
Bradley      Haas         Lindner      Ostrom       Tomassoni
Broecker     Hackbarth    Long         Otremba      Tompkins
Brown        Harder       Lourey       Ozment       Trimble
Carlson      Hasskamp     Luther       Paulsen      Tuma
Carruthers   Hausman      Lynch        Pawlenty     Tunheim
Clark        Holsten      Macklin      Pellow       Van Dellen
Commers      Huntley      Mares        Pelowski     Van Engen
Cooper       Jacobs       Mariani      Perlt        Vickerman
Daggett      Jaros        Marko        Peterson     Wagenius
Dauner       Jefferson    McCollum     Pugh         Weaver
Davids       Jennings     McElroy      Rest         Wejcman
Dawkins      Johnson, A.  McGuire      Rhodes       Wenzel
Dehler       Johnson, R.  Milbert      Rice         Winter
Delmont      Johnson, V.  Molnau       Rostberg     Wolf
Dempsey      Kahn         Mulder       Rukavina     Worke
Dorn         Kalis        Munger       Sarna        Workman
Entenza      Kelso        Murphy       Schumacher   Sp.Anderson,I
Erhardt      Kinkel       Ness         Seagren      
The bill was passed and its title agreed to.

GENERAL ORDERS

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Cooper moved that the names of Dehler and Ozment be added as authors on H. F. No. 305. The motion prevailed.

Osskopp moved that his name be stricken as an author on H. F. No. 313. The motion prevailed.

Johnson, R., moved that the name of Solberg be added as an author on H. F. No. 541. The motion prevailed.

Mariani moved that the name of McElroy be added as an author on H. F. No. 565. The motion prevailed.

Jacobs moved that his name be stricken as an author on H. F. No. 620. The motion prevailed.

Clark moved that the name of Hausman be added as an author on H. F. No. 714. The motion prevailed.

Entenza moved that the name of Leighton be added as an author on H. F. No. 734. The motion prevailed.

Rest moved that the name of Peterson be added as an author on H. F. No. 754. The motion prevailed.

Ness moved that the name of Kalis be added as an author on H. F. No. 766. The motion prevailed.


JOURNAL OF THE HOUSE - 19th Day - Top of Page 359

Delmont moved that the name of Skoglund be added as an author on H. F. No. 768. The motion prevailed.

Dawkins moved that the name of Luther be added as an author on H. F. No. 776. The motion prevailed.

Orenstein moved that the names of Delmont and Marko be added as authors on H. F. No. 778. The motion prevailed.

Bakk moved that the name of Solberg be added as an author on H. F. No. 783. The motion prevailed.

Simoneau moved that H. F. No. 182, now on General Orders, be re-referred to the Committee on Financial Institutions and Insurance. The motion prevailed.

Sviggum moved that H. F. No. 280, now on General Orders, be re- referred to the Committee on Education. The motion prevailed.

Simoneau moved that H. F. No. 592 be recalled from the Committee on Ethics and be re-referred to the Committee on General Legislation, Veterans Affairs and Elections. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 47:

Wagenius, Rest and Ozment.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 27, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, February 27, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


JOURNAL OF THE HOUSE - 19th Day - Top of Page 360


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