Saint Paul, Minnesota, Tuesday, February 27, 1996
On this day in 1857, territorial legislator Joe Rolette stole
the bill moving Minnesota's Capitol from St. Paul to St. Peter.
He remained hidden with the only copy of the bill until the
Legislature adjourned on March 7, thereby preventing passage.
The House of Representatives convened at 12:30 p.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by the Reverend Kathleen M. Gatson, Pilgrim
Baptist Church, St. Paul, Minnesota.
The roll was called and the following members were present:
Orfield was excused.
Seagren was excused until 3:55 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Pawlenty moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Farrell Knight Ness Solberg
Anderson, B. Finseth Knoblach Olson, E. Stanek
Anderson, R. Frerichs Koppendrayer Olson, M. Sviggum
Bakk Garcia Kraus Onnen Swenson, D.
Bertram Girard Krinkie Opatz Swenson, H.
Bettermann Goodno Larsen Orenstein Sykora
Bishop Greenfield Leighton Osskopp Tomassoni
Boudreau Greiling Leppik Osthoff Tompkins
Bradley Gunther Lieder Ostrom Trimble
Broecker Haas Lindner Otremba Tuma
Brown Hackbarth Long Ozment Tunheim
Carlson, L. Harder Lourey Paulsen Van Dellen
Carlson, S. Hasskamp Luther Pawlenty Van Engen
Carruthers Hausman Lynch Pellow Vickerman
Clark Holsten Macklin Pelowski Wagenius
Commers Huntley Mahon Perlt Warkentin
Cooper Jaros Mares Peterson Weaver
Daggett Jefferson Mariani Pugh Wejcman
Dauner Jennings Marko Rest Wenzel
Davids Johnson, A. McCollum Rhodes Winter
Dawkins Johnson, R. McElroy Rice Wolf
Dehler Johnson, V. McGuire Rostberg Worke
Delmont Kahn Milbert Rukavina Workman
Dempsey Kalis Molnau Sarna Sp.Anderson,I
Dorn Kelley Mulder Schumacher
Entenza Kelso Munger Skoglund
Erhardt Kinkel Murphy Smith
A quorum was present.
JOURNAL OF THE HOUSE - 86th Day - Top of Page 7656
S. F. No. 2849 and H. F. No. 3239, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kinkel moved that the rules be so far suspended that S. F. No. 2849 be substituted for H. F. No. 3239 and that the House File be indefinitely postponed. The motion prevailed.
The following communication was received:
OFFICE OF THE SECRETARY OF STATE
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 1996 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 andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1996 1996
1909 279 2:12 p.m. February 23February 23
1984 280 2:15 p.m. February 23February 23
2514 281 2:18 p.m. February 23February 23
Sincerely,
Joan Anderson Growe
Secretary of State
S. F. No. 2849 was read for the second time.
The following House Files were introduced:
Rest, for the Committee on Taxes, introduced:
H. F. No. 3249, A bill for an act relating to the financing and operation of government in this state; modifying certain tax rates, credits, refunds, bases, and exemptions; modifying property tax exemptions, valuation, and classification; providing a senior citizen property tax deferral; changing tax increment financing, special services
district, and taxing district provisions; authorizing local taxes; authorizing certain special districts; providing local levy or other authority; authorizing municipal debt; providing for certain tax base sharing; changing certain aids; modifying revenue recapture; making tax policy, collection, administrative and technical changes, corrections, and clarifications; requiring studies; providing for appointments; appropriating money; amending Minnesota Statutes 1994, sections 10A.31, subdivision 3a; 13.99, subdivision 97a; 103E.611, subdivision 7; 115.26, by adding a subdivision; 165.08, subdivision 5; 216B.16, by adding a subdivision; 239.761, subdivision 5; 270.067, subdivision 2; 270.07, subdivision 1; 270.102, subdivisions 1, 2, and 3; 270.70, subdivision 2; 270A.03, subdivision 2; 270B.12, by adding a subdivision; 273.02, subdivision 3; 273.111, subdivisions 3 and 6; 273.124, by adding a subdivision; 273.13, subdivisions 22, 23, and 32; 273.1398, by adding a subdivision; 275.065, subdivision 5a; 275.07, subdivision 4; 275.61; 278.01, by adding a subdivision; 278.08; 279.06, subdivision 1; 279.37, by adding a subdivision; 281.17; 287.06; 289A.50, by adding a subdivision; 289A.56, subdivision 4; 290.01, subdivision 4a; 290.06, subdivisions 2c and 22; 290.091, subdivision 2; 290.0922, subdivisions 1 and 3; 290.095, subdivision 3; 290.17, subdivision 2; 290A.03, subdivision 11; 290A.25; 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; 295.54, subdivisions 1, 2, and by adding a subdivision; 296.01, subdivisions 2 and 13; 296.02, by adding a subdivision; 296.025, subdivision 6; 296.141, subdivisions 4 and 5; 296.15, by adding a subdivision; 296.17, subdivision 7; 297.04, subdivision 9; 297A.01, subdivision 16; 297A.02, subdivision 5; 297A.14, by adding a subdivision; 297A.15, subdivision 6; 297A.21, subdivision 4; 297A.211, subdivision 3; 297A.24, subdivision 1; 297A.25, subdivision 14, and by adding a subdivision; 297A.256, subdivision 1; 297A.2572; 297A.2573; 297A.44, subdivision 1; 297A.46; 297E.02, subdivisions 4 and 10; 298.01, subdivision 4e; 298.17; 298.28, subdivisions 2 and 11; 298.75, subdivision 1; 349.15, by adding a subdivision; 349.154, by adding a subdivision; 373.40, subdivision 7; 375.192, subdivision 2; 383B.51; 428A.01, subdivisions 2 and 3; 428A.02, subdivision 1; 444.075, by adding a subdivision; 458A.32, subdivision 4; 469.040, subdivision 3, and by adding a subdivision; 469.167, subdivision 2; 469.173, subdivision 7; 469.174, subdivision 2; 469.176, subdivision 4f; 469.1761, subdivision 1; 469.177, subdivision 3; 471.88, subdivision 14; 473.625; 477A.011, subdivisions 3, 20, 27, 32, and 35; and 477A.013, subdivision 6; Minnesota Statutes 1995 Supplement, sections 41A.09, subdivision 2a; 115B.48, by adding subdivisions; 115B.49, subdivisions 2 and 4; 116.07, subdivision 10; 124A.03, subdivision 2; 216B.161, subdivision 1; 270A.03, subdivision 7; 272.02, subdivision 1; 273.11, subdivision 16; 273.124, subdivisions 3 and 13; 273.13, subdivisions 24 and 25; 273.1398, subdivision 1; 273.1399, subdivisions 6 and 7; 275.065, subdivisions 3 and 6; 275.08, subdivision 1b; 276.04, subdivision 2; 289A.40, subdivision 1; 290.191, subdivisions 5 and 6; 290A.04, subdivision 2h; 295.50, subdivisions 3 and 4; 295.53, subdivisions 1, 5, and by adding a subdivision; 296.02, subdivision 1; 296.025, subdivision 1; 296.12, subdivision 3; 297A.01, subdivision 3; 297A.02, subdivision 4; 297A.25, subdivisions 57 and 59; 297A.45, subdivisions 2, 3, and 4; 297B.01, subdivision 8; 428A.05; 465.82, subdivision 2; 469.169, subdivisions 9 and 10; 469.174, subdivision 4; 469.175, subdivisions 1, 5, and 6; 469.176, subdivision 2; 469.177, subdivision 1; 471.6965; 473.448; 477A.0121, subdivision 4; 477A.0132; and 477A.03, subdivision 2; Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; 6; Laws 1971, chapter 869, sections 2, subdivisions 2, as amended, 14, and 17, as added; 3, subdivisions 5, 6, and 9; 4, subdivisions 1, 2, and 5, as amended; 5, subdivisions 1 and 3; 8; 10, subdivision 3b, as added; 12, subdivisions 1, as amended, and 2, as amended; 17, subdivision 11; 19; 20, subdivision 2; 21; 24; Laws 1985, chapter 302, section 2, subdivision 1, as amended; Laws 1991, chapter 291, article 8, section 27, by adding a subdivision; Laws 1992, chapter 511, article 8, section 39; and Laws 1995, chapter 264, articles 2; sections 42, subdivision 1; and 44; 5, sections 40, subdivision 1; 44, subdivision 4; and 45, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 103D; 115B; 272; 273; 281; 287; 290; 290A; 297A; 375; 428A; 462A; 469; and 477A; proposing coding for new law as Minnesota Statutes, chapters 276A; and 290B; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; 273.1316; 273.1317; 273.1318; 273.1398, subdivision 5b; 290.06, subdivision 21; 290.092; 295.37; 295.39; 295.40; 295.41; 295.42; 295.43; 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a; 296.25, subdivision 1a; 297A.01, subdivision 20; 297A.14, subdivision 3; 297A.15, subdivision 5; 297A.24, subdivision 2; and 469.150; Minnesota Statutes 1995 Supplement, sections 270B.12, subdivision 11; 276.012; 290A.055; 290A.26; and 469.176, subdivision 7; Laws 1971, chapter 869, section 6, subdivision 3; Laws 1987, chapter 285; and Laws 1995, chapter 264, article 4.
The bill was read for the first time and referred to the Committee on Ways and Means.
McGuire, Greiling, Mahon and Marko introduced:
H. F. No. 3250, A bill for an act relating to taxation; establishing a legislative task force to study the property tax and local government aid systems; requiring a report to the legislature; providing for appointments.
The bill was read for the first time and referred to the Committee on Taxes.
Wenzel introduced:
H. F. No. 3251, A bill for an act relating to health; requiring information be provided to a woman upon whom an abortion is to be performed; requiring certification; requiring publication and provision of information and material; requiring reports; providing penalties; amending Minnesota Statutes 1994, sections 145.411, subdivision 1, and by adding subdivisions; and 145.412, subdivision 1, and by adding a subdivision; 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.
Greenfield introduced:
H. F. No. 3252, A bill for an act relating to human services; expanding the coverage of the unitary residence act to community-based services; removing income maintenance, medical, and employment programs from coverage under certain provisions; limiting the ability to change residence while in an excluded time status; reinstituting the concept of derivative settlement between human service programs; eliminating the tie between social service and income maintenance programs; amending Minnesota Statutes 1994, sections 256G.01, subdivision 3, and by adding subdivisions; 256G.02, subdivisions 4 and 6; 256G.03; 256G.06; 256G.07, subdivisions 1 and 2; 256G.09, subdivisions 2 and 5; and 256G.10; repealing Minnesota Statutes 1994, sections 256G.05, subdivision 1; and 256G.07, subdivision 3a.
The bill was read for the first time and referred to the Committee on Health and Human Services.
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, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A.
Patrick E. Flahaven, Secretary of the Senate
Opatz moved that the House refuse to concur in the Senate amendments to H. F. No. 2008, 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. 2148, 2188, 2419 and 2272.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2552, 1796, 2088 and 1938.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2760, 2332, 2149 and 2296.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2148, A bill for an act relating to utilities; holding members of a team of science advisors to study the effects of stray voltage in the earth immune from suit based on its report; indemnifying members for court costs.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
S. F. No. 2188, A bill for an act relating to economic development; clarifying local conflict of interest provisions; amending Minnesota Statutes 1994, sections 13.99, subdivision 97a; 469.174, subdivision 2; and 471.88, subdivision 14; Minnesota Statutes 1995 Supplement, section 216B.161, subdivision 1; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; and 469.150.
The bill was read for the first time and referred to the Committee on Taxes.
S. F. No. 2419, A bill for an act relating to veterans affairs; authorizing the placement of a plaque on the capitol grounds recognizing the service of women veterans from all wars.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
S. F. No. 2272, A bill for an act relating to health; extending the repealer of the prohibition on exclusive relationships; amending Minnesota Statutes 1994, section 62Q.09, subdivision 5.
The bill was read for the first time.
Cooper moved that S. F. No. 2272 and H. F. No. 2624, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2552, A bill for an act relating to workers' compensation; modifying provisions governing calculation of premiums; modifying provisions relating to independent contractors; exempting certain rules from expiration; changing terms of a pilot program; making technical changes; amending Minnesota Statutes 1995 Supplement, sections 79.53, subdivision 1; 79.55, subdivision 5; 176.136, subdivision 1a; 176.1812, subdivisions 1 and 6; and 176.261; proposing coding for new law in Minnesota Statutes, chapter 176.
The bill was read for the first time.
Leighton moved that S. F. No. 2552 and H. F. No. 2867, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1796, A bill for an act relating to crime; increasing the penalty for intentionally discharging a firearm under dangerous circumstances; expanding the scope of the transit vehicle crime; amending Minnesota Statutes 1994, sections 609.66, subdivision 1a; and 609.855, subdivision 5.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2088, A bill for an act relating to the environment; authorizing the use of certain incinerators; expanding the eligible installation dates; amending Laws 1995, chapter 87, section 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
S. F. No. 1938, A bill for an act relating to juvenile justice; authorizing continued detention of juveniles in jails and lockups under certain circumstances; amending Minnesota Statutes 1994, section 260.171, subdivision 2.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2760, A bill for an act relating to agriculture; providing an exception to alien ownership of agricultural land for production of timber and forestry products; amending Minnesota Statutes 1994, section 500.221, subdivision 2.
The bill was read for the first time.
Brown moved that S. F. No. 2760 and H. F. No. 3146, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2332, A bill for an act relating to health professions; modifying provisions relating to sexual misconduct; amending Minnesota Statutes 1994, sections 13.99, subdivision 44; 147.01, subdivision 4; and 147.091, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 147.
The bill was read for the first time.
Greenfield moved that S. F. No. 2332 and H. F. No. 2633, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2149, A bill for an act relating to employment; modifying provisions relating to payment of wages; reducing the age requirement for newspaper carriers under the children labor law; amending Minnesota Statutes 1994, sections 181.032; 181.13; 181.14; and 181A.07, subdivision 3.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
S. F. No. 2296, A bill for an act relating to state trails; establishing a new trail in Freeborn and Mower counties; amending Minnesota Statutes 1994, section 85.015, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 85.015, subdivision 7.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2802.
On the motion of Knight and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Erhardt Kinkel Murphy Stanek Anderson, B. Farrell Knight Ness Sviggum Anderson, R. Finseth Knoblach Olson, E. Swenson, H. Bakk Frerichs Koppendrayer Olson, M. Sykora Bertram Garcia Kraus Onnen Tomassoni Bettermann Girard Krinkie Opatz Tompkins Bishop Goodno Larsen Orenstein Trimble Boudreau Greenfield Leighton Osskopp Tuma Bradley Greiling Leppik Ostrom Tunheim Broecker Gunther Lindner Otremba Van Dellen Brown Haas Long Ozment Vickerman Carlson, L. Hackbarth Lourey Paulsen Wagenius Carlson, S. Harder Luther Pawlenty Warkentin Carruthers Hasskamp Lynch Pelowski Weaver Clark Hausman Macklin Perlt Wejcman Commers Holsten Mahon Peterson Wenzel Cooper Huntley Mares Pugh Winter Daggett Jaros Mariani Rest Wolf Dauner Jefferson Marko Rhodes Worke Davids Johnson, A. McCollum Rostberg Workman Dawkins Johnson, R. McElroy Rukavina Sp.Anderson,ICarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
JOURNAL OF THE HOUSE - 86th Day - Top of Page 7661
Dehler Johnson, V. McGuire Sarna Delmont Kahn Milbert Schumacher Dempsey Kalis Molnau Skoglund Dorn Kelley Mulder Smith Entenza Kelso Munger Solberg
S. F. No. 2802, A bill for an act relating to natural resources; providing an appropriation for snowmobile grants-in-aid; requiring a report; appropriating money.
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.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 109 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Entenza Kalis Munger Skoglund Anderson, R. Erhardt Kelley Murphy Smith Bakk Farrell Kelso Ness Solberg Bertram Finseth Kinkel Olson, E. Sviggum Bettermann Frerichs Knoblach Onnen Swenson, H. Bishop Garcia Koppendrayer Opatz Sykora Boudreau Girard Kraus Orenstein Tomassoni Bradley Goodno Larsen Osskopp Tompkins Broecker Greenfield Leighton Ostrom Trimble Brown Gunther Leppik Otremba Tuma Carlson, L. Haas Lieder Ozment Tunheim Carlson, S. Hackbarth Lindner Pellow Van Engen Carruthers Harder Lourey Pelowski Vickerman Clark Hasskamp Luther Perlt Warkentin Cooper Holsten Macklin Peterson Wejcman Daggett Huntley Mares Pugh Wenzel Davids Jaros Mariani Rest Winter Dawkins Jefferson McElroy Rhodes Wolf Dehler Johnson, A. McGuire Rostberg Worke Delmont Johnson, R. Milbert Rukavina Workman Dempsey Johnson, V. Molnau Sarna Sp.Anderson,I Dorn Kahn Mulder SchumacherThose who voted in the negative were:
Abrams Hausman Lynch Olson, M. Van Dellen Commers Knight Mahon Paulsen Wagenius Dauner Krinkie Marko Pawlenty Weaver Greiling Long McCollum StanekThe bill was passed and its title agreed to.
Brown moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2206.
H. F. No. 2206 was reported to the House.
Kinkel moved to amend H. F. No. 2206, the third engrossment, as follows:
Page 29, line 20, delete everything after the first "revenue" and insert a period
Page 29, delete lines 21 and 22
The motion prevailed and the amendment was adopted.
Knoblach moved to amend H. F. No. 2206, the third engrossment, as amended, as follows:
Page 25, line 22, after the period, insert "Upon a positive evaluation the commissioners of finance and employee relations shall immediately develop policies necessary to extend negative time reporting to all state employees."
The motion prevailed and the amendment was adopted.
Knoblach moved to amend H. F. No. 2206, the third engrossment, as amended, as follows:
Page 8, after line 18, insert:
"Sec. 13. Minnesota Statutes 1994, section 16B.36, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner may examine, investigate, or make a survey of the organization, administration, and management of state agencies and institutions under their control, and may assist state agencies by providing analytical, statistical, and organizational development services to them in order to secure greater efficiency and economy through reorganization or consolidation of agencies or functions and to eliminate duplication of function, effort, or activity, so far as possible. The commissioner shall periodically submit to the legislature a list of the studies being conducted for this purpose and any future studies scheduled at the time the list is submitted. For purposes of this section, the Minnesota state colleges and universities is a state agency.
Sec. 14. Minnesota Statutes 1994, section 16B.37, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S AUTHORITY.] To improve efficiency and avoid duplication, the commissioner may transfer personnel, powers, or duties, or any combination of them, from a state agency to another state agency that has been in existence for at least one year prior to the date of transfer. A transfer must have received the prior approval of the governor. The commissioner shall no later than January 15 of each year submit to the legislature a bill making all statutory changes required by reorganization orders issued by the commissioner during the preceding calendar year. For purposes of this section, the Minnesota state colleges and universities is a state agency."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Knoblach amendment and the roll was called. There were 23 yeas and 109 nays as follows:
Those who voted in the affirmative were:
Broecker Hackbarth Knoblach Pawlenty Van Dellen Commers Holsten Krinkie Rostberg Vickerman Frerichs Jaros Larsen Rukavina Workman Girard Jefferson Mares Swenson, D. Haas Knight Osskopp Swenson, H.
Those who voted in the negative were:
Abrams Dorn Kinkel Murphy Skoglund Anderson, B. Entenza Koppendrayer Ness Smith Anderson, R. Erhardt Kraus Olson, E. Solberg Bakk Farrell Leighton Olson, M. Stanek Bertram Finseth Leppik Onnen Sviggum Bettermann Garcia Lieder Opatz Sykora Bishop Goodno Lindner Orenstein Tomassoni Boudreau Greenfield Long Osthoff Tompkins Bradley Greiling Lourey Ostrom Trimble Brown Gunther Luther Otremba Tuma Carlson, L. Harder Lynch Ozment Tunheim Carlson, S. Hasskamp Macklin Paulsen Van Engen Carruthers Hausman Mahon Pellow Wagenius Clark Huntley Mariani Pelowski Warkentin Cooper Jennings Marko Perlt Weaver Daggett Johnson, A. McCollum Peterson Wejcman Dauner Johnson, R. McElroy Pugh Wenzel Davids Johnson, V. McGuire Rest Winter Dawkins Kahn Milbert Rhodes Wolf Dehler Kalis Molnau Rice Worke Delmont Kelley Mulder Sarna Sp.Anderson,I Dempsey Kelso Munger SchumacherThe motion did not prevail and the amendment was not adopted.
H. F. No. 2206, A bill for an act relating to education; removing mandates from higher education; requiring increased accountability and performance for funding; amending Minnesota Statutes 1994, sections 15.43, subdivisions 2 and 3; 16B.01, subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, subdivisions 1, 3, 4, and by adding a subdivision; 16B.35, by adding a subdivision; 16B.41, subdivision 2; 16B.482; 16B.49; 16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2; 43A.05, subdivision 4; 43A.10, subdivision 3; 123.70, subdivision 10; 135A.033; 135A.14, as amended; 137.37; 169.448, subdivision 2; 201.1611; and 248.07, subdivision 7; Minnesota Statutes 1995 Supplement, sections 16B.17, subdivision 6; 16B.465, subdivision 4; 43A.06, subdivision 1; 135A.181; 136A.101, subdivision 10; 136F.06, subdivisions 1 and 2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 136F.71, by adding a subdivision; 136F.72, subdivision 3; 136F.80, subdivision 2; and 169.441, subdivision 5; Laws 1995, chapter 212, article 2, sections 15; and 20, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136F; repealing Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; and 137.33; Minnesota Statutes 1995 Supplement, sections 135A.08; 136F.25; and 136F.59, subdivision 1; Laws 1995, chapter 212, article 1, section 6, subdivision 1.
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 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kelso Murphy Skoglund Anderson, B. Farrell Kinkel Ness Smith Anderson, R. Finseth Knoblach Olson, E. Solberg Bakk Frerichs Koppendrayer Olson, M. Stanek Bertram Garcia Kraus Onnen Sviggum Bettermann Girard Larsen Opatz Swenson, D. Bishop Goodno Leighton Orenstein Swenson, H. Boudreau Greenfield Leppik Osskopp Sykora Bradley Greiling Lieder Osthoff Tomassoni Broecker Gunther Lindner Ostrom Tompkins Brown Haas Long Otremba Trimble Carlson, L. Hackbarth Lourey Ozment Tuma Carlson, S. Harder Luther Paulsen Tunheim Carruthers Hasskamp Lynch Pawlenty Van Dellen Clark Hausman Macklin Pellow Van Engen Commers Holsten Mahon Pelowski Vickerman Cooper Huntley Mares Perlt Wagenius Daggett Jaros Mariani Peterson Warkentin Dauner Jefferson Marko Pugh Weaver Davids Jennings McCollum Rest Wejcman Dawkins Johnson, A. McElroy Rhodes Wenzel Dehler Johnson, R. McGuire Rice Winter Delmont Johnson, V. Milbert Rostberg Wolf Dempsey Kahn Molnau Rukavina Worke Dorn Kalis Mulder Sarna Sp.Anderson,I Entenza Kelley Munger Schumacher
Those who voted in the negative were:
Knight Krinkie WorkmanThe bill was passed, as amended, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 3217.
H. F. No. 3217, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.
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 3 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kelso Murphy Skoglund Anderson, B. Farrell Kinkel Ness Smith Anderson, R. Finseth Knoblach Olson, E. Solberg Bakk Frerichs Koppendrayer Olson, M. Stanek Bertram Garcia Kraus Onnen Sviggum Bettermann Girard Larsen Opatz Swenson, D. Bishop Goodno Leighton Orenstein Swenson, H. Boudreau Greenfield Leppik Osskopp Sykora Bradley Greiling Lieder Osthoff Tomassoni Broecker Gunther Lindner Ostrom Tompkins Brown Haas Long Otremba Trimble Carlson, L. Hackbarth Lourey Ozment Tuma Carlson, S. Harder Luther Paulsen Tunheim Carruthers Hasskamp Lynch Pawlenty Van Dellen Clark Hausman Macklin Pellow Van Engen Commers Holsten Mahon Pelowski Vickerman Cooper Huntley Mares Perlt Wagenius Daggett Jaros Mariani Peterson Warkentin Dauner Jefferson Marko Pugh Weaver Davids Jennings McCollum Rest Wejcman Dawkins Johnson, A. McElroy Rhodes Wenzel Dehler Johnson, R. McGuire Rice Winter Delmont Johnson, V. Milbert Rostberg Wolf Dempsey Kahn Molnau Rukavina Worke Dorn Kalis Mulder Sarna Sp.Anderson,I Entenza Kelley Munger SchumacherThose who voted in the negative were:
Knight Krinkie WorkmanThe bill was passed and its title agreed to.
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 today:
S. F. No. 558; H. F. Nos. 2298, 1404 and 2752; S. F. No. 1925; H. F. No. 2322; S. F. No. 2009; H. F. No. 2670; S. F. Nos. 2020, 2166 and 1800; and H. F. No. 2115.
S. F. No. 558 was reported to the House.
Rest moved to amend S. F. No. 558, the unofficial engrossment, as follows:
Page 4, delete lines 25 to 36 and insert:
"Sec. 4. [461.18] [EFFECT ON LOCAL ORDINANCE.]
Nothing in sections 1 to 3 preempts a local ordinance that provides for penalties against licensees, employees, and other individuals, or that otherwise provides for more restrictive regulation of retail tobacco sales."
Page 5, delete "machines."
Renumber remaining sections in sequence
A roll call was requested and properly seconded.
The question was taken on the Rest amendment and the roll was called. There were 76 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Abrams Goodno Leppik Orenstein Swenson, H. Anderson, B. Greenfield Lieder Ostrom Sykora Anderson, R. Greiling Long Ozment Tompkins Bertram Harder Lourey Paulsen Trimble Bishop Hasskamp Luther Pawlenty Tuma Broecker Hausman Mahon Pelowski Van Dellen Carlson, L. Jefferson Mariani Peterson Wagenius Carlson, S. Kahn Marko Pugh Warkentin Carruthers Kalis McCollum Rest Weaver Clark Kelley McGuire Rhodes Wejcman Commers Kelso Mulder Rostberg Winter Dawkins Knight Murphy Schumacher Sp.Anderson,I Dorn Knoblach Ness Seagren Entenza Krinkie Olson, M. Skoglund Farrell Larsen Onnen Stanek Finseth Leighton Opatz Swenson, D.Those who voted in the negative were:
Bakk Dempsey Johnson, R. Molnau Solberg Bettermann Erhardt Johnson, V. Olson, E. Sviggum Boudreau Frerichs Kinkel Osskopp Tomassoni Bradley Girard Koppendrayer Osthoff Tunheim Brown Gunther Kraus Otremba Van Engen Cooper Haas Lindner Pellow Vickerman Daggett Hackbarth Lynch Perlt Wenzel Dauner Holsten Macklin Rice Wolf Davids Huntley Mares Rukavina Worke Dehler Jennings McElroy Sarna Workman Delmont Johnson, A. Milbert SmithThe motion prevailed and the amendment was adopted.
Jennings moved that S. F. No. 558, the unofficial engrossment, as amended, be returned to General Orders. The motion prevailed.
Sviggum moved that the vote whereby S. F. No. 2596 was not passed on Monday, February 26, 1996, be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Sviggum motion and the roll was called. There were 114 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Farrell Kinkel Ness Smith Bakk Finseth Knight Olson, E. Solberg Bertram Frerichs Knoblach Olson, M. Stanek Bettermann Garcia Koppendrayer Onnen Sviggum Bishop Girard Larsen Opatz Swenson, H. Boudreau Goodno Leighton Osskopp Sykora Broecker Gunther Lieder Otremba Tomassoni Brown Haas Lindner Ozment Tompkins Carlson, L. Hackbarth Long Paulsen Trimble Carlson, S. Harder Lourey Pawlenty Tuma Carruthers Hasskamp Luther Pellow Tunheim Clark Holsten Macklin Pelowski Van Dellen Cooper Huntley Mahon Perlt Van Engen Daggett Jaros Mares Peterson Vickerman Dauner Jefferson Mariani Pugh Warkentin Davids Jennings Marko Rest Wejcman Dawkins Johnson, A. McCollum Rice Wenzel Dehler Johnson, R. McElroy Rostberg Winter Delmont Johnson, V. Milbert Rukavina Wolf Dempsey Kahn Molnau Sarna Worke Dorn Kalis Mulder Schumacher Workman Entenza Kelley Munger Seagren Sp.Anderson,I Erhardt Kelso Murphy SkoglundThose who voted in the negative were:
Abrams Greenfield Krinkie Ostrom Weaver Anderson, R. Greiling Leppik Rhodes Bradley Hausman Lynch Swenson, D. Commers Kraus Osthoff WageniusThe motion prevailed.
S. F. No. 2596 was reported to the House.
Sviggum moved that the action whereby S. F. No. 2596 was given its third reading on Monday, February 26, 1996, be now reconsidered.
The question was taken on the Sviggum motion and the roll was called. There were 56 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Koppendrayer Osskopp Tuma Anderson, B. Frerichs Kraus Osthoff Van Dellen Bettermann Goodno Krinkie Paulsen Van Engen Bishop Gunther Lindner Pawlenty Vickerman Boudreau Haas Macklin Pellow Warkentin Bradley Harder Mares Rukavina Weaver Broecker Holsten McElroy Stanek Worke Carlson, S. Jennings Milbert Sviggum Workman Commers Johnson, R. Molnau Swenson, D. Daggett Johnson, V. Mulder Swenson, H. Davids Knight Olson, M. Sykora Dehler Knoblach Onnen TompkinsThose who voted in the negative were:
Anderson, R. Garcia Larsen Olson, E. Seagren Bakk Girard Leighton Opatz Skoglund Bertram Greenfield Leppik Orenstein Smith Brown Greiling Lieder Ostrom Solberg Carlson, L. Hackbarth Long Otremba TomassoniThe motion did not prevail.
JOURNAL OF THE HOUSE - 86th Day - Top of Page 7667
Carruthers Hasskamp Lourey Ozment Trimble Clark Hausman Luther Pelowski Tunheim Cooper Huntley Lynch Perlt Wagenius Dauner Jaros Mahon Peterson Wejcman Dawkins Jefferson Mariani Pugh Wenzel Delmont Johnson, A. Marko Rest Winter Dempsey Kahn McCollum Rhodes Wolf Dorn Kalis McGuire Rice Sp.Anderson,I Entenza Kelley Munger Rostberg Farrell Kelso Murphy Sarna Finseth Kinkel Ness Schumacher
S. F. No. 2596, A bill for an act relating to game and fish; providing an appropriation for emergency deer feeding; appropriating money; amending Minnesota Statutes 1994, section 97A.075, subdivision 1.
The bill was placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 87 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Dorn Johnson, R. Olson, E. Skoglund Bakk Entenza Johnson, V. Olson, M. Smith Bertram Erhardt Kalis Onnen Solberg Bettermann Finseth Kelso Opatz Sviggum Bishop Frerichs Kinkel Osskopp Swenson, H. Boudreau Garcia Koppendrayer Otremba Tomassoni Brown Girard Larsen Ozment Tompkins Carlson, L. Goodno Leighton Pellow Tuma Carruthers Gunther Lieder Pelowski Tunheim Clark Haas Lourey Perlt Van Engen Cooper Hackbarth Luther Peterson Warkentin Daggett Hasskamp Macklin Pugh Wenzel Dauner Holsten McElroy Rest Winter Davids Huntley Milbert Rice Worke Dawkins Jaros Molnau Rostberg Sp.Anderson,I Dehler Jefferson Munger Rukavina Delmont Jennings Murphy Sarna Dempsey Johnson, A. Ness SchumacherThose who voted in the negative were:
Abrams Hausman Lynch Ostrom Vickerman Anderson, R. Kahn Mahon Paulsen Wagenius Bradley Kelley Mares Pawlenty Weaver Broecker Knight Mariani Rhodes Wejcman Carlson, S. Knoblach Marko Seagren Wolf Commers Kraus McCollum Stanek Workman Farrell Krinkie McGuire Swenson, D. Greenfield Leppik Mulder Sykora Greiling Lindner Orenstein Trimble Harder Long Osthoff Van DellenThe bill was passed and its title agreed to.
There being no objection, the order of business reverted to Reports of Standing Committees.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1964, A bill for an act relating to game and fish; requiring a turkey stamp; setting a fee; directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.055, subdivisions 4 and 4a; 97A.075, by adding a subdivision; 97A.475, subdivision 5; 97B.603; and 97B.721.
Reported the same back with the following amendments:
Page 3, delete lines 11 and 12
Page 3, line 13, delete "(4)" and insert "(3)"
Page 3, line 14, delete "(5)" and insert "(4)"
Page 3, line 18, delete "to (3)" and insert "and (2)"
Page 3, line 20, delete "(4)" and insert "(3)"
Page 3, line 21, delete "(5)" and insert "(4)"
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 2799, A bill for an act relating to natural resources; modifying provisions for aquatic farms; establishing a season for harvesting ripe wild rice; modifying the registration requirements for off-highway motorcycles and all-terrain vehicles; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying priorities for the disposal of state hatchery eggs or fry; modifying the exception for trout and salmon stamps; modifying restrictions on taking sturgeon and paddlefish; removing certain provisions related to wild rice; amending Minnesota Statutes 1994, sections 17.4982, subdivisions 8, 10, 17, 21, and by adding a subdivision; 17.4984, subdivisions 2 and 7; 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 and 3; 17.4993, subdivision 1; 97A.451, by adding a subdivision; 97A.455; 97A.535, by adding a subdivision; 97C.203; 97C.305, subdivision 2; and 97C.411; Minnesota Statutes 1995 Supplement, sections 84.788, subdivision 3; 84.922, subdivision 2; and 97A.451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1994, sections 84.09; and 84.14.
Reported the same back with the following amendments:
Page 9, line 13, strike the first "an" and insert "a commercial" and strike the second "an" and insert "a commercial"
Page 9, line 15, delete "which" and insert "that are for sale and that"
Page 9, line 18, after "life" insert "that are for sale and that are"
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.
Reported the same back with the following amendments:
Page 17, line 8, after "technologies" insert ", including cold weather testing"
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 2857, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16D.02, subdivision 2; 16D.03, subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 144C.03, subdivision 2; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, subdivisions 1 and 7; and 16D.12; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose.
1996 1997 TOTAL
General Fund $ 4,407,000 $ 3,181,000$ 7,588,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. OFFICE OF STRATEGIC AND LONG-RANGE PLANNING -0- 500,000
This appropriation is for planning and construction of a worker retraining center located at the St. Paul Ford plant. This appropriation requires that the project be coordinated with MNSCU higher education institutions and that the Ford company and the United Auto Workers union provide furnishings, robotics equipment, and an operating budget. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.
Sec. 3. ADMINISTRATION -0- 1,100,000
$1,000,000 is for impact analysis and staff for state information system modifications relating to year 2000 date change requirements.
$134,000 of contributed capital is transferred from the electronic equipment rental fund to the micrographics/records center fund in fiscal year 1996.
$100,000 is for the Government Information Access Council. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.
Sec. 4. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 10,000 430,000
$250,000 is for design and construction of the Minnesota Women's Suffrage Memorial Garden on the capitol grounds. The last $50,000 of this appropriation is available only upon demonstration of a $50,000 match in nonstate funds.
$10,000 in fiscal year 1996 is for treatment of the surface of the Roy Wilkins memorial that must be performed immediately to prevent deterioration of the surface. Any amount of this appropriation not spent in fiscal year 1996 may be carried forward and spent in fiscal year 1997.
$180,000 in fiscal year 1997 is for revision of the board's comprehensive plan and zoning ordinance.
Sec. 5. FINANCE 4,397,000 -0-
$4,397,000 is for statewide operating systems. This appropriation is available until June 30, 1997.
By January 15, 1997, the sponsoring agencies of the statewide systems project shall report to the legislature. The report must include an accounting of money spent for statewide operating systems, and projections for future spending. The report also must include strategies for potential savings opportunities in operation of the statewide systems. The agencies must consider alternatives to mainframe operations. The report must describe efforts to: improve operator proficiency, modify software to achieve efficiencies, and educate users concerning efficient use of the systems.
The report must also include recommendations for management of user consumption of Intertech resources for the statewide systems, including the desirability of charge backs and fees for services.
Sec. 6. REVENUE -0- 976,000
This appropriation is to increase the department's audit presence in greater Minnesota and to make changes to the withholding system.
It is anticipated that these changes will result in additional general fund revenues of $1,950,000 in fiscal year 1997.
The commissioner of finance shall certify the amount of additional general fund revenue generated as a result of this increased activity. The amount certified in excess of $976,000 is appropriated to the commissioner of finance in fiscal year 1997 for purposes of operation of the statewide systems. This appropriation is available until expended.
Sec. 7. HUMAN RIGHTS -0- 175,000
$100,000 is for additional enforcement and case processing staff.
The commissioner of human rights shall report to the legislature by January 15, 1997. The report must contain a plan for making probable cause determinations as expeditiously as possible, and for using the minimum possible amount of department resources on those cases in which no probable cause is found. The report also must contain a plan to eliminate the case backlog in the department, and a plan to process future cases in a manner that complies with statutory time deadlines.
$75,000 is for an alternative dispute resolution program.
Sec. 8. [3.154] [FAILURE TO CARRY OUT LAW.]
(a) A standing committee of the house of representatives or the senate or a finance division of a standing committee may, by a majority vote of all of its members, determine that an executive branch agency intentionally has failed to implement a law in the manner required by the legislature. Before making such a determination, the committee or division must notify the agency of the law that is the subject of the alleged violation and must allow agency representatives to testify before the committee.
(b) Upon a determination of intentional failure to implement a law under paragraph (a), the commissioner of finance must reduce the direct appropriated operating budget of the agency, or the division of the agency responsible for the failure to implement the law, by ten percent for the fiscal year in which the determination under paragraph (a) occurred. However, the appropriation reduction required by this paragraph need not take place if the governor issues an executive order citing the law in issue and explaining why the governor believes the agency has not intentionally failed to implement the law.
Sec. 9. [3.3055] [INFORMATION SYSTEM REVIEW.]
The legislature shall establish an ongoing structure and process for legislative review of state agency development and acquisition of information systems, including:
(1) evaluation of plans for state agency information systems projects before the projects become formal budget recommendations;
(2) evaluation of state agency information systems projects that are included in the governor's budget recommendations; and
(3) oversight of the executive branch's implementation of state agency information systems projects that the legislature funds.
State agencies must submit information concerning these systems to the legislature at the time and in the manner requested by legislative committees or commissions.
Sec. 10. [3.3056] [COMMITTEES; TASK FORCES.]
A legislative commission, with the consent of the speaker of the house of representatives and of the committee on committees of the senate, may appoint legislators, including legislators who are not members of the legislative commission, to a committee, subcommittee, or task force to assist and advise the commission in carrying out its duties. The legislative commission must pay for any expenses of the committee, subcommittee, or task force out of funds appropriated to the legislative commission.
Sec. 11. Minnesota Statutes 1994, section 8.15, is amended by adding a subdivision to read:
Subd. 5. [REIMBURSEMENTS.] State agencies receiving legal services from the attorney general for nongeneral funded activities shall reimburse the full cost of those services to the general fund based on periodic billings prepared by the attorney general. Payment must be made to the attorney general for deposit to the general fund as a nondedicated receipt. The attorney general, in consultation with the commissioner of finance, shall develop reimbursement policies and procedures related to legal services.
Sec. 12. [10.55] [JUNETEENTH.]
June 19 is designated Juneteenth in recognition of the historical pronouncement of the abolition of slavery on June 19, 1865, when the Emancipation Proclamation was said to have been first publicly read in Texas. The governor may take any action necessary to promote and encourage the observance of Juneteenth and public schools may offer instruction and programs on the occasion.
Sec. 13. [14.045] [AGENCIES; LIMITS ON PENALTIES.]
Subdivision 1. [LIMIT ON PENALTIES.] An agency may not, under authority of rule, levy a total fine or penalty of more than $700 for a single violation unless the agency has specific statutory authority to levy a fine in excess of that amount.
Subd. 2. [CRIMINAL PENALTY.] An agency may not, by rule, establish a criminal penalty unless the agency has specific statutory authority to do so.
Subd. 3. [FACTORS.] (a) If a statute or rule gives an agency discretion over the amount of a fine, the agency must take the following factors into account in determining the amount of the fine:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, and the natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing or committing the violation; and
(6) other factors that justice may require.
(b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a):
(1) similarity of previous violations to the current violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
Subd. 4. [EFFECT ON OTHER LAW.] This section does not affect the right of an agency to deny a permit, revoke a license, or take similar action, other than the imposition of a fine, even if the cost of the denial, revocation, or other action to the affected party exceeds $700.
Subd. 5. [EFFECTIVE DATE.] This section applies only to fines and penalties imposed under rules for which notice of intent to adopt rules is published after the effective date of this section.
Sec. 14. Minnesota Statutes 1994, section 16A.11, subdivision 1, is amended to read:
Subdivision 1. [WHEN.] The governor shall submit a
three-part four-part budget to the legislature.
Parts one and two, the budget message and detailed operating
budget, must be submitted by the fourth Tuesday in January in
each odd-numbered year. Part three, the detailed recommendations
as to capital expenditure, must be submitted as follows: agency
capital budget requests by June 15 of each odd-numbered year;
preliminary governor's recommendations by September 1 of each
odd-numbered year; and final recommendations by February 1 of
each even-numbered year. Part four, the detailed
recommendations as to information technology expenditure, must be
submitted at the same time the governor submits the budget
message to the legislature.
Sec. 15. Minnesota Statutes 1994, section 16A.11, is amended by adding a subdivision to read:
Subd. 3b. [PART FOUR; DETAILED INFORMATION TECHNOLOGY BUDGET.] The detailed information technology budget must include recommendations for information technology projects to be funded during the next biennium and planning estimates for an additional two biennia. It must be submitted with projects ranked in order of importance among all projects as determined by the governor.
Sec. 16. Minnesota Statutes 1995 Supplement, section 16D.02, subdivision 8, is amended to read:
Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota
collection enterprise, a separate unit of
government established to carry out the provisions of this
chapter, pursuant to under the
commissioner's authority to contract with of
the commissioner of revenue for collection services under
section 16D.04, subdivision 1.
Sec. 17. Minnesota Statutes 1994, section 16D.03, subdivision 2, is amended to read:
Subd. 2. [STATE AGENCY REPORTS.] State agencies shall report quarterly to the commissioner the debts owed to them. The commissioner, in consultation with the commissioners of revenue and human services, and the attorney general, shall establish internal guidelines for the recognition, tracking, reporting, and collection of debts owed the state. The internal guidelines must include accounting standards, performance measurements, and uniform reporting requirements applicable to all state agencies. The commissioner shall require a state agency to recognize, track, report, and attempt to collect debts according to the internal guidelines.
Sec. 18. Minnesota Statutes 1994, section 16D.04, as amended by Laws 1995, chapter 254, article 5, sections 5 and 6, is amended to read:
16D.04 [COLLECTION ACTIVITIES.]
Subdivision 1. [RESPONSIBILITY.] The commissioner of revenue shall supervise and operate the enterprise in all debt collection activity.
Subd. 1a. [DUTIES.] The commissioner
enterprise shall provide services to the state and its
agencies to collect debts owed the state. The
commissioner enterprise is not a collection agency
as defined by section 332.31, subdivision 3, and is not licensed,
bonded, or regulated by the commissioner of commerce under
sections 332.31 to 332.35 or 332.38 to 332.45. The
commissioner enterprise is subject to section
332.37, except clause (9) or (10). The commissioner may
contract with the commissioner of revenue for collection
services, and may delegate to the commissioner of revenue any of
the commissioner's duties and powers under this chapter.
Debts referred to the commissioner of revenue for collection
under this section or section 256.9792 may in turn be
referred by the commissioner of revenue to the enterprise. An
audited financial statement may not be required as a condition of
debt placement with a private agency if the private agency: (1)
has errors and omissions coverage under a professional liability
policy in an amount of at least $1,000,000; or (2) has a fidelity
bond to cover actions of its employees, in an amount of at least
$100,000. In cases of debts referred under section 256.9792, the
provisions of this chapter and section 256.9792 apply to the
extent they are not in conflict. If they are in conflict, the
provisions of section 256.9792 control. For purposes of this
chapter, the referring agency for such debts remains the
department of human services.
Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at its
option, refer debts to the commissioner enterprise
for collection. The ultimate responsibility for the debt,
including the reporting of the debt to the commissioner and the
decision with regard to the continuing collection and
uncollectibility of the debt, remains with the referring
state agency.
Subd. 3. [SERVICES.] The commissioner enterprise
shall provide collection services for a state agency, and may
provide for collection services for a court, in accordance with
the terms and conditions of a signed debt qualification plan.
Subd. 4. [AUTHORITY TO CONTRACT.] The commissioner and the enterprise may contract with credit bureaus, private collection agencies, and other entities as necessary for the collection of debts. A private collection agency acting under a contract with the commissioner or the enterprise is subject to sections 332.31 to 332.45, except that the private collection agency may indicate that it is acting under a contract with the commissioner or the enterprise. The commissioner and the enterprise may not delegate the powers provided under section 16D.08 to any nongovernmental entity.
Sec. 19. Minnesota Statutes 1994, section 16D.05, is amended to read:
16D.05 [PRIORITY OF SATISFACTION OF DEBTS.]
Subdivision 1. [MULTIPLE DEBTS.] If two or more debts owed by
the same debtor are submitted to the commissioner
enterprise, amounts collected on those debts must be
applied as prescribed in this section.
Subd. 2. [ENFORCEMENT OF LIENS.] If the money received is
collected on a judgment lien under chapter 550, a lien provided
by chapter 514, a consensual lien or security interest,
protection of an interest in property through chapter 570, by
collection process provided by chapters 551 and 571, or by any
other process by which the commissioner enterprise
is enforcing rights in a particular debt, the money must be
applied to that particular debt.
Subd. 3. [OTHER METHODS OF COLLECTION.] If the money is
collected in any manner not specified in subdivision 2, the money
collected must apply first to the satisfaction of any debts for
child support. Any debts other than child support must be
satisfied in the order in time in which the commissioner
enterprise received the debts from the referring
agency.
Sec. 20. Minnesota Statutes 1995 Supplement, section 16D.06, is amended to read:
16D.06 [DEBTOR INFORMATION.]
Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.]
Notwithstanding chapter 13 or any other state law classifying or
restricting access to government data, upon request from the
commissioner enterprise or the attorney general,
state agencies, political subdivisions, and statewide systems
shall disseminate not public data to the commissioner
enterprise or the attorney general for the sole purpose of
collecting debt. Not public data disseminated under this
subdivision is limited to financial data of the debtor or data
related to the location of the debtor or the assets of the
debtor.
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected,
created, or maintained by the commissioner
enterprise or the attorney general to collect debts are
classified as private data on individuals under section 13.02,
subdivision 12, or nonpublic data under section 13.02,
subdivision 9. The commissioner enterprise or the
attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner enterprise or the
attorney general, including a law enforcement person,
attorney, or investigator acting for the commissioner
enterprise or the attorney general in the investigation or
prosecution of a criminal or civil proceeding relating to
collection of a debt;
(6) to report names of debtors, amount of debt, date of debt,
and the agency to whom debt is owed to credit bureaus and private
collection agencies under contract with the commissioner
enterprise;
(7) when necessary to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt; and
(8) to the commissioner of revenue for tax administration purposes.
The commissioner enterprise and the attorney
general may not disclose data that is not public to a private
collection agency or other entity with whom the
commissioner enterprise has contracted under
section 16D.04, subdivision 4, unless disclosure is otherwise
authorized by law.
Sec. 21. Minnesota Statutes 1994, section 16D.07, is amended to read:
16D.07 [NOTICE TO DEBTOR.]
The referring agency shall send notice to the debtor by United
States mail or personal delivery at the debtor's last known
address at least 20 days before the debt is referred to the
commissioner enterprise. The notice must state the
nature and amount of the debt, identify to whom the debt is owed,
and inform the debtor of the remedies available under this
chapter.
Sec. 22. Minnesota Statutes 1994, section 16D.08, as amended by Laws 1995, chapter 254, article 5, section 8, is amended to read:
16D.08 [COLLECTION DUTIES AND POWERS.]
Subdivision 1. [DUTIES.] The commissioner
enterprise shall take all reasonable and cost-effective
actions to collect debts referred to the commissioner
enterprise.
Subd. 2. [POWERS.] In addition to the collection remedies
available to private collection agencies in this state, the
commissioner enterprise, with legal assistance from
the attorney general, may utilize any statutory authority granted
to a referring agency for purposes of collecting debt owed to
that referring agency. The commissioner enterprise
may also use the tax collection remedies of the commissioner of
revenue in sections 270.06, clauses (7) and (17), excluding the
power to subpoena witnesses; 270.66; 270.69, excluding
subdivisions 7 and 13; 270.70, excluding subdivision 14; 270.7001
to 270.72; and 290.92, subdivision 23, except that a continuous
wage levy under section 290.92, subdivision 23, is only effective
for 70 days, unless no competing wage garnishments, executions,
or levies are served within the 70-day period, in which case a
wage levy is continuous until a competing garnishment, execution,
or levy is served in the second or a succeeding 70-day period, in
which case a continuous wage levy is effective for the remainder
of that period. A debtor who qualifies for cancellation of the
collection penalty under section 16D.11, subdivision 3, clause
(1), can apply to the commissioner of revenue for
reduction or release of a continuous wage levy, if the debtor
establishes that the debtor needs all or a portion of the wages
being levied upon to pay for essential living expenses, such as
food, clothing, shelter, medical care, or expenses necessary for
maintaining employment. The commissioner's determination not to
reduce or release a continuous wage levy is appealable to
district court. The word "tax" or "taxes" when used in the tax
collection statutes listed in this subdivision also means debts
referred under this chapter. For debts other than state taxes or
child support, before any of the tax collection remedies listed
in this subdivision can be used, except for the remedies in
section 270.06, clauses (7) and (17), if the referring agency has
not already obtained a judgment or filed a lien, the
commissioner enterprise must first obtain a
judgment against the debtor.
Sec. 23. Minnesota Statutes 1994, section 16D.10, is amended to read:
16D.10 [CASE REVIEWER.]
The commissioner enterprise shall make a case
reviewer available to debtors. The reviewer must be available to
answer a debtor's questions concerning the collection process and
to review the collection activity taken. If the reviewer
reasonably believes that the particular action being taken is
unreasonable or unfair, the reviewer may make recommendations to
the commissioner enterprise in regard to the
collection action.
Sec. 24. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 1, is amended to read:
Subdivision 1. [IMPOSITION.] As determined by the
commissioner, a penalty shall be added to the debts referred to
the commissioner enterprise or private collection
agency for collection. The penalty is collectible by the
commissioner enterprise or private agency from the
debtor at the same time and in the same manner as the referred
debt. The referring agency shall advise the debtor of the
penalty under this section and the debtor's right to cancellation
of the penalty under subdivision 3 at the time the agency sends
notice to the debtor under section 16D.07. If the
commissioner enterprise or private agency collects
an amount less than the total due, the payment is applied
proportionally to the penalty and the underlying debt. Penalties
collected by the commissioner enterprise under this
subdivision or retained under subdivision 6 shall be deposited in
the general fund as nondedicated receipts. Penalties collected by
private agencies are appropriated to the referring agency to pay
the collection fees charged by the private agency. Penalty
collections in excess of collection agency fees must be deposited
in the general fund as nondedicated receipts.
Sec. 25. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 2, is amended to read:
Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the time a
debt is referred, the amount of the penalty is equal to 15
percent of the debt, or 25 percent of the debt remaining unpaid
if the commissioner enterprise or private
collection agency has to take enforced collection action by
serving a summons and complaint on or entering judgment against
the debtor, or by utilizing any of the remedies authorized under
section 16D.08, subdivision 2, except for the remedies in
sections 270.06, clause (7), and 270.66 or when referred by the
commissioner enterprise for additional collection
activity by a private collection agency. If, after referral of a
debt to a private collection agency, the debtor requests
cancellation of the penalty under subdivision 3, the debt must be
returned to the commissioner enterprise for
resolution of the request.
Sec. 26. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 4, is amended to read:
Subd. 4. [APPEAL.] Decisions of the commissioner of revenue denying an application to cancel the penalty under subdivision 3 are subject to the contested case procedure under chapter 14.
Sec. 27. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 5, is amended to read:
Subd. 5. [REFUND.] If a penalty is collected and then
canceled, the amount of the penalty shall be refunded to the
debtor within 30 days. The amount necessary to pay the refunds
is annually appropriated to the
commissioner enterprise.
Sec. 28. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 6, is amended to read:
Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is
canceled under subdivision 3, an amount equal to the penalty is
retained by the commissioner enterprise from the
debt collected, and is accounted for and subject to the same
provisions of this chapter as if the penalty had been collected
from the debtor.
Sec. 29. Minnesota Statutes 1995 Supplement, section 16D.12, is amended to read:
16D.12 [PAYMENT OF COLLECTION AGENCY FEES.]
Unless otherwise expressly prohibited by law, a state agency
may pay for the services of a state the enterprise
or private collection agency from the money collected. The
portion of the money collected which must be paid to the
enterprise or private collection agency as its collection
fee is appropriated from the fund to which the collected money is
due.
Sec. 30. Minnesota Statutes 1995 Supplement, section 16D.14, is amended to read:
16D.14 [VENUE.]
Subdivision 1. [AUTHORIZATION.] The commissioner
enterprise or the attorney general may bring an action to
recover debts owed to the state in Ramsey county district court
or Ramsey county conciliation court at the discretion of the
state. In order to bring a cause of action under this section in
any county other than the county where the debtor resides or
where the cause of action arose, the commissioner
enterprise or the attorney general must notify the debtor
as provided in subdivisions 2 to 4, unless that venue is
authorized by other law.
Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] (a)
Before bringing a conciliation court action for a claim for
$2,500 or less under this section in any county other than where
the debtor resides or where the cause of action arose, the
commissioner enterprise or the attorney general
shall send a form by first class mail to the debtor's last known
address notifying the debtor of the intent to bring an action in
Ramsey county. The commissioner enterprise or
attorney general must enclose a form for the debtor to use to
request that the action not be brought in Ramsey county and a
self-addressed, postage paid envelope. The form must advise the
debtor of the right to request that the action not be brought in
Ramsey county and that the debtor has 30 days from the date of
the form to make this request.
(b) If the debtor timely returns the form requesting the action
not be brought in Ramsey county, the commissioner
enterprise or attorney general may only file the action in
the county of the debtor's residence, the county where the cause
of action arose, or as provided by other law. The
commissioner enterprise or attorney general shall
notify the debtor of the action taken. If the debtor does not
timely return the form, venue is as chosen by the
commissioner enterprise or attorney general as
authorized under this section.
(c) If a judgment is obtained in Ramsey county conciliation
court when the form was sent by first class mail under this
subdivision and the debtor reasonably demonstrates that the
debtor did not reside at the address where the form was sent or
that the debtor did not receive the form, the commissioner
enterprise or the attorney general shall vacate the
judgment without prejudice and return any funds collected as a
result of enforcement of the judgment. Evidence of the debtor's
correct address include, but are not limited to, a driver's
license, homestead declaration, school registration, utility
bills, or a lease or rental agreement.
Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) In
order to bring a conciliation court claim that exceeds $2,500
under this section in a county other than where the debtor
resides or where the cause of action arose, the
commissioner enterprise or the attorney general
shall serve with the conciliation court claim a change of venue
form for the debtor to use to request that venue be changed and a
self-addressed, postage paid return envelope. This form must
advise the debtor that the form must be returned within 30 days
of the date of service or venue will remain in Ramsey county.
(b) If the debtor timely returns the change of venue form
requesting a change of venue, the commissioner
enterprise or attorney general shall change the venue of
the action to the county of the debtor's residence, the county
where the cause of action arose, as provided by other law, or
dismiss the action. The commissioner enterprise or
attorney general must notify the debtor of the action taken. If
the debtor does not timely return the form, venue is as chosen by
the commissioner enterprise or attorney general as
authorized under this section. The commissioner
enterprise or the attorney general shall file the signed
return receipt card or the proof of service with the court.
Subd. 4. [DISTRICT COURT.] (a) In order to bring a district
court action under this section in any county other than where
the debtor resides or where the cause of action arose, the
commissioner enterprise or attorney general shall
serve the change of venue form with the summons and complaint or
petition commencing the collection action. Two copies of the
form must be served along with a self-addressed, postage paid
return envelope. The form must advise the debtor that the form
must be returned within 20 days of the date of service or venue
will remain in Ramsey county. If the debtor timely returns the
change of venue form, the time to answer the summons and
complaint or petition runs from the date of debtor's request for
change of venue.
(b) If the debtor timely returns the change of venue form
requesting that the action not be brought in Ramsey county, the
commissioner enterprise or attorney general shall
change the venue of the action to the county of the debtor's
residence, the county where the cause of action arose, as
provided by other law, or dismiss the action. The
commissioner enterprise or attorney general shall
notify the debtor of the action taken. If the debtor is served
the form to change venue along with the district court summons
and complaint or petition, in accordance with court rules, but
does not return the form within the statutory timelines, venue is
as chosen by the commissioner enterprise or
attorney general as authorized under this section. The
commissioner enterprise or attorney general shall
file the proof of service along with the summons and complaint or
petition commencing the lawsuit.
Subd. 5. [FEES.] No court filing fees, docketing fees, or release of judgment fees may be assessed against the state for collection actions filed under this chapter.
Sec. 31. Minnesota Statutes 1995 Supplement, section 16D.16, is amended to read:
16D.16 [SETOFFS.]
Subdivision 1. [AUTHORIZATION.] The commissioner
enterprise or a state agency may automatically deduct the
amount of a debt owed to the state from any state payment due to
the debtor, except tax refunds, earned income tax credit, child
care tax credit, prejudgment debts of $5,000 or less, funds
exempt under section 550.37, or funds owed an individual who
receives assistance under the provisions of chapter 256 are not
subject to setoff under this chapter. If a debtor has entered
into a written payment plan with respect to payment of a
specified debt, the right of setoff may not be used to satisfy
that debt. Notwithstanding section 181.79, the state may deduct
from the wages due or earned by a state employee to collect a
debt, subject to the limitations in section 571.922.
Subd. 2. [NOTICE AND HEARING.] Before setoff, the
commissioner enterprise or state agency shall mail
written notice by certified mail to the debtor, addressed to the
debtor's last known address, that the commissioner
enterprise or state agency intends to set off a debt owed
to the state by the debtor against future payments due the debtor
from the state. For debts owed to the state that have not been
reduced to judgment, if no opportunity to be heard or
administrative appeal process has yet been made available to the
debtor to contest the validity or accuracy of the debt, before
setoff for a prejudgment debt, the notice to the debtor must
advise that the debtor has a right to make a written request for
a contested case hearing on the validity of the debt or the right
to setoff. The debtor has 30 days from
the date of that notice to make a written request for a contested
case hearing to contest the validity of the debt or the right to
setoff. The debtor's request must state the debtor's reasons for
contesting the debt or the right to setoff. If the
commissioner enterprise or state agency desires to
pursue the right to setoff following receipt of the debtor's
request for a hearing, the commissioner enterprise
or state agency shall schedule a contested case hearing within 30
days of the receipt of the request for the hearing. If the
commissioner enterprise or state agency decides not
to pursue the right to setoff, the debtor must be notified of
that decision.
Sec. 32. Minnesota Statutes 1994, section 69.021, subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS;
CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner shall
determine which municipalities and independent nonprofit
firefighting corporations are qualified to receive fire state aid
and which municipalities and counties are qualified to receive
state peace officer aid. The commissioner shall determine
qualification upon receipt of (1) the fire department personnel
and equipment certification or the police department and
qualified peace officers certificate, whichever is applicable,
required under section 69.011, (2) the financial compliance
report required under section 6.495, and (3) any other relevant
information which comes to the attention of the commissioner.
Upon completion of the determination, on or before
September October 1, the commissioner shall
calculate under subdivision 6 the amount of (a) state peace
officer aid which each county or municipality is to receive and
(b) fire state aid which each municipality or nonprofit
firefighting corporation is to receive. The commissioner shall
certify to the commissioner of finance the name of each county or
municipality, and the amount of state aid which each county or
municipality is to receive, in the case of state peace officer
aid; and the name of each municipality or independent nonprofit
firefighting corporation and the amount of state aid which each
municipality or independent nonprofit firefighting corporation is
to receive, in the case of fire state aid.
Sec. 33. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:
Subd. 10. [REDUCTION.] The commissioner of revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph (b), 6, and 7, for eligible employer units by any amount in excess of the employer's total prior calendar year obligation under section 353.65, as certified by the executive director of the public employees retirement association. The total shall be deposited in a separate excess police state-aid account in the general fund, administered and distributed as provided in subdivision 11.
Sec. 34. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:
Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) An excess police state-aid holding account is established in the general fund.
(b) Excess police state aid determined according to section 69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and (3), must be deposited in the excess police state-aid holding account.
(c) From the balance in the excess police state-aid holding account, $1,000,000 must be transferred annually to the ambulance service personnel longevity award and incentive suspense account established by section 144C.03, subdivision 2.
(d) If a police officer stress reduction program is created by law and money is appropriated for that program, an amount equal to that appropriation must be transferred from the balance in the excess police state-aid holding account.
(e) On October 1, 1997, and annually on each October 1, one-half of the balance of the excess police state-aid holding account remaining after deductions under paragraphs (c) and (d) must be allocated as additional amortization aid under section 423A.02, subdivision 1b.
(f) The remaining balance in the excess police state-aid holding account, after the deductions under paragraphs (c), (d), and (e), cancels to the general fund.
Sec. 35. Minnesota Statutes 1994, section 69.031, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The
commissioner of finance shall issue to the county, municipality,
or independent nonprofit firefighting corporation certified to
the commissioner of finance by the commissioner a warrant for an
amount equal to the amount certified to by the commissioner
pursuant to section 69.021. The amount due and not paid by
September October 1 accrues interest at the rate of
one percent for each month or part of a month the amount remains
unpaid, beginning the preceding July 1.
Sec. 36. Minnesota Statutes 1994, section 69.031, subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal treasurer, on receiving the fire state aid, shall within 30 days after receipt transmit it to the treasurer of the duly incorporated firefighters' relief association if there is one organized and the association has filed a financial report with the municipality; but if there is no relief association organized, or if any association dissolve, be removed, or has heretofore dissolved, or has been removed as trustees of state aid, then the treasurer of the municipality shall keep the money in the municipal treasury as provided for in section 424A.08 and shall be disbursed only for the purposes and in the manner set forth in that section.
(2) The municipal treasurer, upon receipt of the police state aid, shall disburse the police state aid in the following manner:
(a) For a municipality in which a local police relief association exists and all peace officers are members of the association, the total state aid shall be transmitted to the treasurer of the relief association within 30 days of the date of receipt, and the treasurer of the relief association shall immediately deposit the total state aid in the special fund of the relief association;
(b) For a municipality in which police retirement coverage is
provided by the public employees police and fire fund and all
peace officers are members of the fund, the total state aid shall
be applied toward the municipality's employer contribution to the
public employees police and fire fund pursuant to section 353.65,
subdivision 3, and any state aid in excess of the amount
required to meet the employer's contribution pursuant to section
353.65, subdivision 3, shall be deposited in the excess
contributions holding account of the public employees retirement
association; or
(c) For a municipality other than a city of the first class with a population of more than 300,000 in which both a police relief association exists and police retirement coverage is provided in part by the public employees police and fire fund, the municipality may elect at its option to transmit the total state aid to the treasurer of the relief association as provided in clause (a), to use the total state aid to apply toward the municipality's employer contribution to the public employees police and fire fund subject to all the provisions set forth in clause (b), or to allot the total state aid proportionately to be transmitted to the police relief association as provided in this subdivision and to apply toward the municipality's employer contribution to the public employees police and fire fund subject to the provisions of clause (b) on the basis of the respective number of active full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).
For a city of the first class with a population of more than 300,000, in addition, the city may elect to allot the appropriate portion of the total police state aid to apply toward the employer contribution of the city to the public employees police and fire fund based on the covered salary of police officers covered by the fund each payroll period and to transmit the balance to the police relief association.
(3) The county treasurer, upon receipt of the police state aid
for the county, shall apply the total state aid toward the
county's employer contribution to the public employees police and
fire fund pursuant to section 353.65, subdivision 3, and any
state aid in excess of the amount required to meet the employer's
contribution pursuant to section 353.65, subdivision 3, shall be
deposited in the excess contributions holding account of the
public employees retirement association.
(4) The designated metropolitan airports commission official, upon receipt of the police state aid for the metropolitan airports commission, shall apply the total police state aid toward the commission's employer contribution to the Minneapolis employees retirement fund under section 422A.101, subdivision 2a.
Sec. 37. Minnesota Statutes 1995 Supplement, section 116G.15, is amended to read:
116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]
(a) The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The governor shall review the existing Mississippi river critical area plan and specify any additional standards and guidelines to affected communities in accordance with section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area pending the completion of the federal plan.
The results of an environmental impact statement prepared under chapter 116D begun before and completed after July 1, 1994, for a proposed project that is located in the Mississippi river critical area north of the United States Army Corps of Engineers Lock and Dam Number One must be submitted in a report to the chairs of the environment and
natural resources policy and finance committees of the house of representatives and the senate prior to the issuance of any state or local permits and the authorization for an issuance of any bonds for the project. A report made under this paragraph shall be submitted by the responsible governmental unit that prepared the environmental impact statement, and must list alternatives to the project that are determined by the environmental impact statement to be economically less expensive and environmentally superior to the proposed project and identify any legislative actions that may assist in the implementation of environmentally superior alternatives. This paragraph does not apply to a proposed project to be carried out by the metropolitan council or a metropolitan agency as defined in section 473.121.
(b) If the results of an environmental impact statement
required to be submitted by paragraph (a) indicate that there is
an economically less expensive and environmentally superior
alternative, then no member agency of the environmental quality
board shall issue a permit for the facility that is the subject
of the environmental impact statement, other than an economically
less expensive and environmentally superior alternative, nor
shall any government bonds be issued for the facility, other than
an economically less expensive and environmentally superior
alternative, until after the legislature has adjourned its
regular session sine die in 1996.
Sec. 38. Minnesota Statutes 1994, section 116G.151, is amended to read:
116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET
IMPACT STATEMENT; FACILITIES IN MISSISSIPPI RIVER
AREA.]
(a) Until completion of an environmental assessment
worksheet impact statement that complies with the
rules of the environmental quality board and this section, a
state or local agency no member agency of the
environmental quality board may not issue a permit for
construction or operation of a metal materials shredding project
with a processing capacity in excess of 20,000 tons per
month that would be located in the Mississippi river critical
area, as described in section 116G.15, upstream from United
States Corps of Engineers Lock and Dam Number One
Two.
(b) The pollution control agency is the responsible
governmental unit for the preparation of an environmental
assessment worksheet impact statement required
under this section.
(c) In addition to the contents required under law and rule, an
environmental assessment worksheet impact statement
completed under this section must also include the following
major categories:
(1) effects of operation of the project, including vibrations and airborne particulates and dust, on the Mississippi river;
(2) effects of operation of the project, including vibrations and airborne particulates and dust, on adjacent businesses and on residents and neighborhoods;
(3) effects of operation of the project on barge and street traffic;
(4) discussion of alternative sites considered by the project proposer for the proposed project, possible design modifications including site layout, and the magnitude of the project;
(5) mitigation measures that could eliminate or minimize any adverse environmental effects of the proposed project;
(6) impact of the proposed project on the housing, park, and recreational use of the river;
(7) effects of waste and implication of the disposal of waste generated from the proposed project;
(8) effects on water quality from the project operations, including wastewater generated from operations of the proposed project;
(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations from project operations;
(10) compatibility of the existing operation and proposed operation with other existing uses;
(11) the report of the expert required by paragraph (g).
(d) In addition to the publication and distribution provisions
relating to environmental assessment worksheets impact
statements under law and rule, notice of environmental
assessment worksheets impact statements performed
by this section shall also be published in a newspaper of general
circulation as well as community newspapers in the affected
neighborhoods.
(e) A public meeting in the affected communities must be held
on the environmental assessment worksheet impact
statement prepared under this section. After the public
meeting on the environmental assessment worksheet
impact statement, there must be an additional 30-day
period for review and comment on the environmental assessment
worksheet impact statement.
(f) If the pollution control agency determines that
information necessary to make a reasonable decision about
potential of significant environmental impacts is insufficient,
the agency shall make a positive declaration and proceed with an
environmental impact statement.
(g) The pollution control agency shall retain an expert
in the field of toxicology who is capable of properly analyzing
the potential effects and content of any airborne particulates,
fugitive emissions, and dust that could be produced by a metal
materials shredding project. The pollution control agency shall
obtain any existing reports or documents from a governmental
entity or project proposer that analyzes or evaluates the
potential hazards of airborne particulates, fugitive emissions,
or dust from the construction or operation of a metal materials
shredding project in preparing the environmental assessment
worksheet. The agency and the expert shall prepare, as part of
the report, a risk assessment of the types of metals permitted to
be shredded as compared to the types of materials that are likely
to be processed at the facility. In performing the risk
assessment, the agency and the expert must consider any actual
experience at similar facilities. The report must be included as
part of the environmental assessment worksheet
impact statement.
(h) If the pollution control agency determines that under
the rules of the environmental quality board an environmental
impact statement should be prepared, the pollution control agency
shall be the responsible governmental unit for preparation of the
environmental impact statement.
Sec. 39. Minnesota Statutes 1994, section 144C.03, subdivision 2, is amended to read:
Subd. 2. [TRUST ACCOUNT.] (a) There is established in the general fund an ambulance service personnel longevity award and incentive trust account and an ambulance service personnel longevity award and incentive suspense account.
(b) The trust account must be credited with:
(1) general fund appropriations for that purpose;
(2) transfers from the ambulance service personnel longevity award and incentive suspense account; and
(3) investment earnings on those accumulated proceeds. The assets and income of the trust account must be held and managed by the commissioner of finance and the state board of investment for the benefit of the state of Minnesota and its general creditors.
(c) The suspense account must be credited with transfers from
the excess contributions police state-aid holding
account established in section 353.65, subdivision 7
69.021, subdivision 11, any per-year-of-service allocation
under section 144C.07, subdivision 2, paragraph (c), that was not
made for an individual, and investment earnings on those
accumulated proceeds. The suspense account must be managed by
the commissioner of finance and the state board of investment.
From the suspense account to the trust account there must be
transferred to the ambulance service personnel longevity award
and incentive trust account, as the suspense account balance
permits, the following amounts:
(1) an amount equal to any general fund appropriation to the ambulance service personnel longevity award and incentive trust account for that fiscal year; and
(2) an amount equal to the percentage of the remaining balance in the account after the deduction of the amount under clause (1), as specified for the applicable fiscal year:
Fiscal year Percentage
1995 20
1996 40
1997 50
1998 60
1999 70
2000 80
2001 90
2002 and thereafter 100
Sec. 40. Minnesota Statutes 1994, section 192.501, as amended by Laws 1995, chapter 186, section 48, is amended to read:
192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.]
Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant
general shall establish a program providing a reenlistment bonus
for members of the Minnesota national guard in accordance with
this section. An active member of the Minnesota national guard
serving satisfactorily, as defined by the adjutant general, shall
be paid $250 per year for reenlisting in the Minnesota national
guard.
(b) A member must reenlist in the Minnesota national guard
for a minimum of three years.
(c) A member is eligible for subsequent reenlistment bonuses
to the extent that total years of bonus eligibility are limited
to 12 years.
(d) Bonus payments shall be paid in the month prior to the
anniversary of a member's current reenlistment.
(e) A member electing to receive tuition assistance under
subdivision 2, shall forfeit the reenlistment bonus for the years
that the tuition assistance is provided.
Subd. 1a. [ENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish within the limitations of this subdivision a program to provide enlistment bonuses to eligible prospects who become members of the Minnesota national guard.
(b) Eligibility for the bonus is limited to a candidate who:
(1) has expertise, qualifications, or potential for military service deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the candidate's enlistment in the national guard;
(2) joins the national guard as an enlisted member, as defined in section 190.05, subdivision 6; and
(3) serves satisfactorily during the period of, and completes, the person's initial entry training, if applicable.
The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.
(c) The enlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.
(d) If a member fails to complete a term of enlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.
Subd. 1b. [REENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish a program to provide a reenlistment bonus to eligible members of the Minnesota national guard who extend their enlistment in the national guard within the limitations of this subdivision.
(b) Eligibility for the bonus is limited to an enlisted member of the national guard, as defined in section 190.05, subdivision 6, who:
(1) is serving satisfactorily as determined by the adjutant general;
(2) has ten or fewer years of service creditable for retirement; and
(3) has military training and expertise deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the member's reenlistment in the national guard.
The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.
(c) The reenlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.
(d) If a member fails to complete a term of reenlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.
Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT
PROGRAM.] (a) The adjutant general shall establish a program
providing to provide tuition and textbook
reimbursement for grants to eligible members of the
Minnesota national guard in accordance with this section. An
active member of the Minnesota national guard serving
satisfactorily, as defined by the adjutant general, shall be
reimbursed for tuition paid to a post-secondary education
institution as defined by section 136A.15, subdivision 5, upon
proof of satisfactory completion of course work within the
limitations of this subdivision.
(b) In the case of tuition paid to a public institution
located in Minnesota, including any vocational or technical
school, tuition is limited to an amount equal to 50 percent of
the cost of tuition at that public institution, except as
provided in this section. In the case of tuition paid to a
Minnesota private institution or vocational or technical school
or a public or private institution or vocational or technical
school not located in Minnesota, reimbursement Eligibility
is limited to a member of the national guard who:
(1) is serving satisfactorily as defined by the adjutant general;
(2) is attending a post-secondary educational institution, as defined by section 136A.15, subdivision 6, including a vocational or technical school operated or regulated by this state or another state or province; and
(3) provides proof of satisfactory completion of coursework, as defined by the adjutant general.
In addition, if a member of the Minnesota national guard is killed in the line of state active service or federally funded state active service, as defined in section 190.05, subdivisions 5a and 5b, the member's surviving spouse, and any surviving dependent who has not yet reached 24 years of age, shall be eligible for a tuition and textbook reimbursement grant.
The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the grant, and must specify the criteria in department regulations and publish changes as necessary.
(c) The amount of a tuition and textbook reimbursement grant
must be specified on a schedule as determined and published in
department regulations by the adjutant general, but is
limited to 50 a maximum of an amount equal to 75
percent of the cost of tuition for lower division programs in the
college of liberal arts at the twin cities campus of the
University of Minnesota in the most recent academic year, except
as provided in this section.
(c) If a member of the Minnesota national guard is killed in
the line of state active service or federally funded state active
service as defined in section 190.05, subdivision 5b, the state
shall reimburse that in the case of a survivor as defined
in paragraph (b), the amount of the tuition and textbook
reimbursement grant for coursework satisfactorily completed by
the person shall be limited to 100 percent of the cost of
tuition for post-secondary courses satisfactorily completed by
any surviving spouse and any surviving dependents who are 23
years old or younger. Reimbursement for surviving spouses and
dependents is limited in amount and duration as is reimbursement
for the national guard member at a Minnesota public
educational institution.
Paragraph (b) notwithstanding, a person is no longer eligible for a grant under this subdivision once the person has received grants under this subdivision for the equivalent of 208 quarter credits or 144 semester credits of coursework.
(d) The amount of tuition reimbursement for each eligible
individual shall be determined by the adjutant general according
to rules formulated within 30 days of June 4, 1989. Tuition
and textbook reimbursement grants received under
this section subdivision shall not be considered by
the Minnesota higher education services office or by any other
state board, commission, or entity in determining a person's
eligibility for a scholarship or grant-in-aid under sections
136A.095 to 136A.1311.
(e) If a member fails to complete a term of enlistment during which a tuition and textbook reimbursement grant was paid, the adjutant general may seek to recoup a prorated amount as determined by the adjutant general.
Subd. 3. [RECORDKEEPING; RECRUITMENT AND RETENTION;
FISCAL MANAGEMENT REPORTING.] The department of
military affairs shall adjutant general must keep an
accurate record of the recipients of the reenlistment bonus
and tuition reimbursement programs. The department shall report
to the legislature on the effectiveness of the reenlistment bonus
and tuition reimbursement programs in retaining and recruiting
members for the Minnesota National Guard. The report to the
legislature shall be made by January 1 of each year. The report
shall include a review of the effect that the reenlistment bonus
and tuition reimbursement programs have on the enlistment and
reenlistment of national guard members. The report shall include
an accurate record of the effect that both the tuition
reimbursement program and the reenlistment bonus program have on
the recruitment and retention of members by and benefits
paid under this section, and must report this information in the
agency performance report, including information regarding
the rank, unit location, race, and sex
gender.
By January 16 of each year, the adjutant general must provide copies of the regulations developed under this section to the chairs of the house and senate policy committees responsible for the national guard.
The department of military affairs shall make a specific effort
to recruit and retain reenlist women and members of
minority groups into the national guard through the use of
the tuition reimbursement and reenlistment bonus
financial incentives authorized by the programs in this
section.
Sec. 41. Minnesota Statutes 1995 Supplement, section 240A.08, is amended to read:
240A.08 [APPROPRIATION.]
(a) $750,000 is appropriated annually from the general
fund to the Minnesota amateur sports commission for the purpose
of entering into long-term leases, use, or other agreements with
the metropolitan sports facilities commission owner or
operator of the basketball and hockey arena for use of
the conduct of amateur sports activities at the basketball
and hockey arena, consistent with the purposes set forth in
this chapter, including (1) stimulating and promoting amateur
sports, (2) promoting physical fitness by promoting participation
in sports, (3) promoting the development of recreational amateur
sport opportunities and activities, and (4) promoting local,
regional, national, and international amateur sport competitions
and events. The metropolitan sports facilities commission may
allocate 50 dates a year for the conduct of amateur sports
activities at the basketball and hockey arena by the amateur
sports commission. At least 12 of the dates must be on a Friday,
Saturday, or Sunday. If any amateur sports activities
conducted by the amateur sports commission at the basketball and
hockey arena are restricted to participants of one gender, an
equal number of activities on comparable days of the week must be
conducted for participants of the other gender, but not
necessarily in the same year. The legislature reserves the right
to repeal or amend this appropriation, and does not intend this
appropriation to create public debt.
(b) Effective July 1, 1996, the appropriation to the amateur sports commission under this section is contingent on the owner or operator of the basketball and hockey arena agreeing to provide the amateur sports commission, upon request of the commission, with at least 25 dates per year at the arena. To the extent requested by the commission, at least 12 of the dates must be on a Friday, Saturday, or Sunday. The amateur sports commission may sell a date at the arena to another group for any purpose. Revenue from sale of these dates is appropriated to the amateur sports commission for purposes listed in section 240A.04. For each date provided to the commission, the owner or operator of the arena must provide heat, lighting, usher services, and other ancillary services requested by the commission at no cost to the commission. The maximum value of the dates and the ancillary services that the owner or operator of the arena must provide to the commission under this section is $750,000 per year.
(c) The books, records, documents, accounting procedures, and practices of the metropolitan sports facilities commission, the Minneapolis community development agency, and any corporation with which the Minnesota amateur sports commission may contract for use of the basketball and hockey arena are available for review by the Minnesota amateur sports commission, the legislative auditor, and the chairs of the state government finance divisions of the senate and the house of representatives, subject to chapter 13 and section 473.598, subdivision 4.
Sec. 42. [363.065] [ALTERNATIVE DISPUTE RESOLUTION.]
There shall be, in the department, an alternative dispute resolution program to resolve disputes arising under the human rights act, with a process to:
(1) administer the alternative dispute resolution program;
(2) follow up with parties willing to use alternative dispute resolution;
(3) develop and maintain a panel of mediators and advisors and assign them to cases;
(4) track progress of alternative dispute resolution cases; and
(5) conduct evaluations of the program.
Sec. 43. Minnesota Statutes 1994, section 363.071, subdivision 7, is amended to read:
Subd. 7. [LITIGATION AND HEARING COSTS.] The administrative law judge shall order a respondent who is determined to have engaged in an unfair discriminatory practice to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparing for and conducting the hearing, unless payment of the costs would impose a financial hardship on the respondent. Appropriate costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the costs of transcripts and other necessary supplies and materials.
Money reimbursed to the department of human rights under this subdivision must be paid into the state treasury and credited to a special revenue account. Money in the account is appropriated to the commissioner of human rights to the extent the reimbursements were made to cover the department's costs and are available for the department's activities in enforcing the Minnesota human rights act.
Sec. 44. Minnesota Statutes 1994, section 423A.02, is amended by adding a subdivision to read:
Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] Annually, on October 1, the commissioner of revenue shall allocate the additional amortization state aid transferred under section 69.021, subdivision 11, to:
(1) all police or salaried firefighter relief associations governed by and determined by the state auditor to be in full compliance with the requirements of section 69.77, that had an unfunded actuarial accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the preceding December 31; and
(2) all local police or salaried firefighter consolidation accounts governed by chapter 353A that are certified by the executive director of the public employees retirement association as having for the current fiscal year an additional municipal contribution amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented section 353A.083, subdivision 1, if the effective date of the consolidation preceded May 24, 1993, and that have implemented section 353A.083, subdivision 2, if the effective date of the consolidation preceded June 1, 1995.
The commissioner shall allocate the state aid on the basis of the proportional share of the relief association or consolidation account of the total unfunded actuarial accrued liability of all recipient relief associations and consolidation accounts as of December 31, 1993, for relief associations, and as of June 30, 1994, for consolidation accounts.
Sec. 45. Laws 1995, chapter 254, article 1, section 11, subdivision 8, is amended to read:
Subd. 8. Public Broadcasting
3,054,000 3,054,000
$1,450,000 the first year and $1,450,000 the second year are for matching grants for public television. Public television grant recipients shall give special emphasis to children's programming. In addition, public television grant recipients shall promote program and outreach initiatives that attempt to reduce youth violence in our communities.
$600,000 the first year and $600,000 the second year are for public television equipment needs. Equipment grant allocations shall be made after considering the recommendations of the Minnesota public television association.
$320,000 the first year and $320,000 the second year are for community service grants to public educational radio stations, which must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.
$494,000 the first year and $494,000 the second year are for equipment grants to public radio stations. These grants must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations and Minnesota Public Radio, Inc.
$15,000 each year is for a grant to the association of Minnesota public education radio stations for station KMOJ. This money may be used for equipment.
$150,000 the first year and $150,000 the second year are for grants for public information television transmission of legislative activities. At least one-half must go for programming to be broadcast in rural Minnesota.
$25,000 the first year and $25,000 the second year are for grants to the Twin Cities regional cable channel.
If an appropriation for either year for grants to public television or radio stations is not sufficient, the appropriation for the other year is available for it.
Sec. 46. [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 1996 POLICE STATE-AID APPLICATION FORM.]
In addition to the information required to be provided by municipalities and counties in order to receive police state aid under Minnesota Statutes, sections 69.011 to 69.051, every potential recipient of the 1996 allocation of police state aid must additionally certify the following information as a condition of receipt of police state aid in 1996:
(1) number of licensed police officers employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;
(2) covered payroll of the employees described in clause (1) for calendar year 1995;
(3) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (1) for calendar year 1995;
(4) number of firefighters employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;
(5) annual covered payroll of the employees described in clause (4) for calendar year 1995; and
(6) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (4) for calendar year 1995.
Sec. 47. [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT PRACTICES.]
(a) Using the information reported under section 46, the commissioner of revenue and the executive director of the public employees retirement association jointly shall report, by November 1, 1996, to the chair of the legislative commission on pensions and retirement on the number of salaried firefighters for whom the employer contribution to the public employees police and fire plan was reimbursed in 1995 in the police state-aid program, the employing units involved, and the amount of 1995 police state aid involved for each employing unit.
(b) With the benefit of the reported information provided under paragraph (a), the legislative commission on pensions and retirement shall study the issue of the use of police state aid to fund the employer contribution to the public employees police and fire fund for local government firefighters and shall, by March 1, 1997, report the results of its study and any recommendations in the form of proposed legislation to the chair of the committee on governmental operations of the house of representatives, the chair of the committee on ways and means of the house of representatives, the chair of the committee on governmental operations and veterans of the senate, and the chair of the committee on finance of the senate.
Sec. 48. [STATEWIDE SYSTEMS ACCOUNT.]
Subdivision 1. [CREATION.] The statewide systems account is a separate account in the general fund. All money resulting from billings for statewide systems services must be deposited in the account. For the purposes of this section, statewide systems includes the state accounting system, payroll system, human resources system, procurement system, and related information access systems.
Subd. 2. [BILLING PROCEDURES.] The commissioner may bill up to $5,000,000 in fiscal year 1997 for statewide systems services provided to state agencies, judicial branch agencies, the University of Minnesota, the Minnesota state colleges and universities, and other entities. Billing must be based on usage. Each agency shall, by January 15 of each year, transfer from agency operating appropriations to the statewide systems account the amount billed by the commissioner. Billing policies and procedures related to statewide systems services must be developed by the commissioner of finance in consultation with the commissioners of employee relations and administration.
Subd. 3. [APPROPRIATION.] Money transferred into the account is appropriated to the commissioner of finance to pay for statewide systems services during fiscal year 1997.
Sec. 49. [STATE-OWNED PASSENGER VEHICLE STUDY.]
The commissioner of administration shall study and make recommendations to the chairs of the house and senate governmental operations committees by January 15, 1997, regarding strategies to achieve better management control of state-owned passenger vehicles. The study and recommendations shall specifically address opportunities for further consolidating the state's passenger vehicle fleets.
Sec. 50. [EVALUATION AND REPORT.]
The environmental quality board, using its existing appropriations, shall assess: (1) the compatibility of metal materials shredding projects and other industrial uses with tourism and other nonindustrial uses of the Mississippi river critical area, which has been designated an area of critical concern by section 116G.15; and (2) the environmental and public health effects of burning coal within or near residential areas of large urban centers. The board shall report its findings, and any recommendations developed pursuant to these assessments, to the legislature by January 1, 1997.
Sec. 51. [APPROPRIATION.]
For purposes of section 11, there is appropriated for fiscal year 1997 from all direct appropriated nongeneral funds an amount sufficient to reimburse the general fund for attorney general legal costs attributable to general fund expenditures.
Sec. 52. [REPEALER.]
Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7, is repealed.
Sec. 53. [EFFECTIVE DATES.]
Sections 4 and 5 are effective July 1, 1996, except that any provisions appropriating money for fiscal year 1996 are effective the day following final enactment. Sections 12 and 13 are effective the day following final enactment. Section 40 is effective July 1, 1996, and applies to bonuses and grants paid on or after that date."
Delete the title and insert:
"A bill for an act relating to the organization and operation of state government; appropriating money for the general administration expenses of state government; imposing certain duties, authority, and limitations on agencies; making fund transfers; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16A.11,
subdivision 1, and by adding a subdivision; 16D.03, subdivision 2; 16D.04, as amended; 16D.05; 16D.07; 16D.08, as amended; 16D.10; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 116G.151; 144C.03, subdivision 2; 192.501, as amended; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.06; 16D.11, subdivisions 1, 2, 4, 5, and 6; 16D.12; 16D.14; 16D.16; 116G.15; and 240A.08; Laws 1995, chapter 254, article 1, section 11, subdivision 8; proposing coding for new law in Minnesota Statutes, chapters 3; 10; 14; and 363; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7."
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. Nos. 1964, 2799 and 3243 were read for the second time.
S. F. No. 2857 was read for the second time.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2818.
H. F. No. 2818 was reported to the House.
Greenfield moved to amend H. F. No. 2818, the second engrossment, as follows:
Page 26, line 29, delete the comma, and insert "or"
Page 26, line 30, delete ", or MinnesotaCare"
Page 26, line 32, delete the first comma, and insert "or" and delete ", or MinnesotaCare"
Pages 28 and 29, delete section 14
Page 30, line 3, delete "," and insert "and"
Page 30, line 4, delete ", and MinnesotaCare"
Page 76, lines 15 and 16, delete the new language and reinstate the old language
Page 77, delete lines 21 to 25
Page 81, line 12, delete the first comma, and insert "or"
Page 81, line 12, delete ", or MinnesotaCare"
Page 98, line 5, delete "MinnesotaCare,"
Page 99, line 16, delete the comma, and insert "and"
Page 99, line 17, delete ", and MinnesotaCare"
Page 100, line 21, delete the comma, and insert "or"
Page 100, line 22, delete "or prepaid MinnesotaCare"
Page 101, line 21, delete the comma, and insert "or"
Page 101, lines 22 and 23, delete ", or prepaid MinnesotaCare"
Page 102, line 35, delete the first comma, and insert "and"
Page 102, lines 35 and 36, delete ", and the prepaid MinnesotaCare"
Page 104, line 20, delete the comma, and insert "and"
Page 104, line 21, delete ", and the prepaid MinnesotaCare"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Johnson, R., was excused for the remainder of today's session.
Solberg, Murphy, Otremba, Dauner, Jennings, Bertram, Peterson, Cooper, Kinkel, Kalis and Brown moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 31, after line 23, insert:
"Sec. 19. Minnesota Statutes 1994, section 256B.056, subdivision 1, is amended to read:
Subdivision 1. [RESIDENCY.] To be eligible for medical
assistance, a person must reside have resided in
Minnesota for at least 30 days, or, if absent from the
state, be deemed to be a resident of Minnesota in accordance with
the rules of the state agency.
A person who has resided in the state for less than 30 days is considered to a be a Minnesota resident if the person:
(a) was born in the state;
(b) has in the past resided in the state for at least 365 consecutive days;
(c) has come to the state to join a close relative, which, for purposes of this subdivision means a parent, grandparent, brother, sister, spouse, or child; or
(d) has come to this state to accept a bona fide offer of employment for which the person is eligible. A county agency may waive the 30-day residency requirement in cases of medical emergency or where unusual hardship would result from denial of assistance. The county agency must report to the commissioner within 30 days on any waiver granted under this section."
Page 108, after line 11, insert:
"Sec. 77. [WAIVER AUTHORITY.]
The commissioner of human services shall seek federal waivers as necessary to implement section 19."
Page 172, after line 5, insert:
"Sec. 7. Minnesota Statutes 1994, section 256.73, subdivision 1, is amended to read:
Subdivision 1. [DEPENDENT CHILDREN.] Assistance shall be given under sections 256.72 to 256.87 to or on behalf of any dependent child who:
(1) Resides Has resided in Minnesota for at
least 30 days or, if residing in the state for less than 30 days,
the child or the child's caretaker relative meets one of the
criteria specified in subdivision 1a;
(2) Is otherwise eligible; the child shall not be denied aid because of conditions of the home in which the child resides.
Sec. 8. Minnesota Statutes 1994, section 256.73, is amended by adding a subdivision to read:
Subd. 1a. [RESIDENCY CRITERIA.] A child or caretaker relative who has resided in Minnesota for less than 30 days is considered to be a Minnesota resident if:
(a) either the child or the caretaker relative was born in the state;
(b) either the child or the caretaker relative has, in the past, resided in this state for at least 365 consecutive days;
(c) either the child or the caretaker relative came to this state to join a close relative who has resided in this state for at least one year. For purposes of this clause, "close relative" means a parent, grandparent, brother, sister, spouse, or child; or
(d) the caretaker relative came to this state to accept a bona fide offer of employment and was eligible to accept the employment.
A county agency may waive the 30-day residency requirement in cases of emergency or where unusual hardship would result from denial of assistance. The county agency must report to the commissioner within 30 days on any waiver granted under this section."
Page 173, after line 2, insert:
"Sec. 10. Minnesota Statutes 1995 Supplement, section 256D.02, subdivision 12a, is amended to read:
Subd. 12a. [RESIDENT.] For purposes of eligibility for general
assistance under section 256D.05, and payments under section
256D.051 and general assistance medical care, a
"resident" is a person living in the state for at least 30
days with the intention of making the person's home here and
not for any temporary purpose. All applicants for these programs
are required to demonstrate the requisite intent and can do so
in any of the following ways:
(1) by showing that the applicant maintains a residence
at a verified address, other than a place of public
accommodation. An applicant may verify a residence address by
presenting a valid state driver's license, a state identification
card, a voter registration card, a rent receipt, a statement by
the landlord, apartment manager, or homeowner verifying that the
individual is residing at the address, or other form of
verification approved by the commissioner;. An
applicant who has been in the state for less than 30 days shall
be considered a resident if the applicant can provide
documentation
(2) by providing written documentation
(1) that the applicant came to the state in response
to an offer of employment was born in the state;
(3) by providing verification (2) that the
applicant has been a long-time resident of the state or was
formerly a resident of the state for at least 365 days and is
returning to the state from a temporary absence, as those terms
are defined in rules to be adopted by the commissioner;
(3) that the applicant has come to the state to join a close relative which, for purposes of this subdivision, means a parent, grandparent, brother, sister, spouse, or child; or
(4) by providing other persuasive evidence to show that the
applicant is a resident of the state, according to rules adopted
by the commissioner (4) that the applicant has come to
this state to accept a bona fide offer of employment for which
the applicant is eligible. A county agency may waive the 30-day
residency requirement in cases of emergencies, including medical
emergencies, or where unusual hardship would result from denial
of assistance. The county agency must report to the commissioner
within 30 days on any waiver granted under this section."
Page 180, after line 27, insert:
"Sec. 17. [WAIVER AUTHORITY.]
The commissioner of human services shall seek federal waivers as necessary to implement sections 7 and 8.
Sec. 18. [SEVERABILITY.]
If any provision of sections 7, 8, or 10 is found to be unconstitutional or void by a court of competent jurisdiction, all remaining provisions of the law shall remain valid and shall be given full effect."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Solberg et al amendment and the roll was called. There were 111 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Krinkie Onnen Swenson, D. Anderson, B. Farrell Larsen Opatz Swenson, H. Anderson, R. Finseth Leighton Osskopp Sykora Bakk Frerichs Leppik Otremba Tomassoni Bertram Girard Lieder Ozment Tompkins Bettermann Goodno Lindner Paulsen Trimble Bishop Gunther Long Pawlenty Tuma Boudreau Haas Luther Pellow Tunheim Bradley Hackbarth Lynch Pelowski Van Dellen Broecker Harder Macklin Perlt Van Engen Brown Hasskamp Mahon Peterson Vickerman Carlson, L. Holsten Mares Pugh Warkentin Carlson, S. Jefferson Marko Rest Weaver Carruthers Jennings McCollum Rhodes Wenzel Commers Johnson, V. McElroy Rostberg Winter Cooper Kahn McGuire Rukavina Wolf Daggett Kalis Milbert Schumacher Worke Dauner Kelso Molnau Seagren Workman Davids Kinkel Mulder Skoglund Sp.Anderson,I Dehler Knight Murphy Smith Delmont Knoblach Ness Solberg Dempsey Koppendrayer Olson, E. Stanek Dorn Kraus Olson, M. SviggumThose who voted in the negative were:
Clark Greenfield Johnson, A. Munger Rice Dawkins Greiling Kelley Orenstein Wagenius Entenza Hausman Lourey Osthoff Wejcman Garcia Huntley Mariani OstromThe motion prevailed and the amendment was adopted.
Cooper moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 170, after line 14, insert:
"Sec. 1. Minnesota Statutes 1994, section 148.235, is amended by adding a subdivision to read:
Subd. 6. [STANDARDS FOR WRITTEN AGREEMENTS; REVIEW AND FILING.] (a) The Minnesota nurses association and the Minnesota medical association shall meet at least annually to review and revise, as necessary, the standards for written agreements required by subdivisions 2 and 4. Current agreement stands unless both associations are in agreement.
(b) Written agreements required by subdivisions 2 and 4 shall be maintained at the primary practice site of the nurse practitioner, clinical specialist in psychiatric and mental health nursing and the collaborating physician. The written agreement does not need to be filed with the board of nursing, provided that the information required to be filed with the board, either on initial application for prescribing privileges or on renewal of privileges, has been submitted."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Haas moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 108, after line 11, insert:
"Sec. 77. [EXTENSION OF TIME REQUIREMENT FOR CLAIM SUBMITTAL.]
The commissioner of human services shall provide vendors of medical care, as defined in Minnesota Statutes, section 256B.02, subdivision 7, with a 120-day extension to the 12-month time requirement for submission of claims in Minnesota Rules, part 9505.0450, for all claims for which the vendor delayed submittal at the request of the commissioner due to the phase-in of the upgrade to the Medicaid management information system. This 120-day extension for claim submittal shall apply regardless of the date of service of the claim."
Page 108, after line 32, insert:
"Section 77 (claim submittal) is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
The motion prevailed and the amendment was adopted.
Rukavina; Greenfield; Anderson, R.; Osthoff; Johnson, R., and Bishop moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 181, after line 11, insert:
"Sec. 18. [STUDY; PRICE CONTRACT FOR PRESCRIPTION DRUGS.]
The commissioners of health, human services, and administration shall develop a plan to provide prescription drugs at significantly discounted prices to individuals whose income is below 200 percent of the current federal poverty level for prescription drugs. The commissioners shall submit a report detailing the plan by October 1, 1996, to the chairs of the house governmental operations committee, the house state government finance division, the house health and human services committee, the senate governmental operations and veterans committee, the state government division of the senate finance committee, senate health care committee, and the senate health care and family services finance division."
Page 181, line 14, after the period, insert "Section 18 is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Rukavina et al amendment and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Ness Solberg Anderson, B. Frerichs Koppendrayer Olson, E. Stanek Anderson, R. Garcia Kraus Olson, M. Sviggum Bakk Girard Krinkie Onnen Swenson, D. Bertram Goodno Larsen Opatz Swenson, H. Bettermann Greenfield Leighton Orenstein Sykora Bishop Greiling Leppik Osskopp Tomassoni Boudreau Gunther Lieder Osthoff Tompkins Bradley Haas Lindner Ostrom Trimble Broecker Hackbarth Long Otremba Tuma Brown Harder Lourey Ozment Tunheim Carlson, L. Hasskamp Luther Paulsen Van Dellen Carlson, S. Hausman Lynch Pawlenty Van Engen Carruthers Holsten Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rhodes Wenzel Dawkins Johnson, V. McElroy Rice Winter Dehler Kahn McGuire Rostberg Wolf Delmont Kalis Milbert Rukavina Worke Dempsey Kelley Molnau Schumacher Workman Dorn Kelso Mulder Seagren Sp.Anderson,I Erhardt Kinkel Munger Skoglund Farrell Knight Murphy SmithThe motion prevailed and the amendment was adopted.
Rukavina and Tomassoni moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 126, after line 7, insert:
"Sec. 7. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:
Subd. 5e. [RATE ADJUSTMENT FOR CARE PROVIDED TO A MEDICALLY FRAGILE INDIVIDUAL.] Beginning July 1, 1996, the commissioner shall increase reimbursement rates for a facility located in Chisholm and licensed as an intermediate care facility for persons with mental retardation and related conditions since 1972, to cover the cost to the facility for providing 24-hour licensed practical nurse care to a medically fragile individual admitted on March 8, 1996. The commissioner shall include in this higher rate a temporary adjustment to reimburse the facility for costs incurred between March 8, 1996, and June 30, 1996."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Olson, M., offered an amendment to H. F. No. 2818, the second engrossment, as amended.
Greenfield raised a point of order pursuant to rule 3.09 that the Olson, M., amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Cooper moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 127, line 20, after the first comma, insert "medical product manufacturers,"
The motion prevailed and the amendment was adopted.
Mulder; Harder; Johnson, V.; Lieder; Swenson, H.; Bettermann; Osskopp; Cooper; Davids; Tuma; Olson, E.; Peterson; Solberg; Bakk and Bertram moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 141, after line 19, insert:
"Sec. 21. Minnesota Statutes 1994, section 144A.04, is amended by adding a subdivision to read:
Subd. 7a. [DIRECTOR OF NURSING.] Except as otherwise provided by this subdivision, a nursing home must have a full-time director of nursing services who is assigned full time to the nursing services of the home. For purposes of this requirement, "full time" means working at least 35 hours per week. The director of nursing of a nursing home may also serve as the director of nursing of a physically attached hospital if:
(1) the hospital has an average daily census of ten patients or less in the most recent reporting year for which data is available;
(2) the total combined beds of the hospital and nursing home do not exceed 100; and
(3) the management of the two facilities is under the control and direction of the same governing body."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Tompkins offered an amendment to H. F. No. 2818, the second engrossment, as amended.
Osthoff raised a point of order pursuant to rule 3.09 that the Tompkins amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Abrams appealed the decision of the Chair.
A roll call was requested and properly seconded.
On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Farrell Knoblach Olson, E. Stanek Anderson, B. Finseth Koppendrayer Olson, M. Sviggum Anderson, R. Frerichs Kraus Onnen Swenson, D. Bakk Garcia Krinkie Opatz Swenson, H. Bertram Girard Larsen Orenstein Sykora Bettermann Goodno Leighton Osskopp Tomassoni Bishop Greenfield Leppik Osthoff Tompkins Boudreau Greiling Lieder Ostrom Trimble Bradley Gunther Lindner Otremba Tuma Broecker Haas Long Ozment Tunheim Brown Hackbarth Lourey Paulsen Van Dellen Carlson, L. Harder Luther Pawlenty Van Engen Carlson, S. Hasskamp Lynch Pellow Vickerman Carruthers Hausman Macklin Pelowski Wagenius Clark Holsten Mahon Perlt Warkentin Commers Huntley Mares Peterson Weaver Cooper Jaros Mariani Pugh Wejcman Daggett Jefferson Marko Rest Wenzel Dauner Jennings McCollum Rhodes Winter Davids Johnson, A. McElroy Rice Wolf Dawkins Johnson, V. McGuire Rostberg WorkeCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
JOURNAL OF THE HOUSE - 86th Day - Top of Page 7695
Dehler Kahn Milbert Rukavina Workman Delmont Kalis Molnau Schumacher Sp.Anderson,I Dempsey Kelley Mulder Seagren Dorn Kelso Munger Skoglund Entenza Kinkel Murphy Smith Erhardt Knight Ness Solberg
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 67 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Kinkel Olson, E. Skoglund Bakk Greenfield Leighton Opatz Smith Bertram Greiling Lieder Orenstein Solberg Brown Hasskamp Long Osthoff Tomassoni Carlson, L. Hausman Lourey Ostrom Trimble Carruthers Huntley Luther Otremba Tunheim Clark Jaros Mahon Pelowski Wagenius Cooper Jefferson Mariani Perlt Wejcman Dauner Jennings Marko Peterson Wenzel Dawkins Johnson, A. McCollum Pugh Winter Delmont Kahn McGuire Rest Sp.Anderson,I Dorn Kalis Milbert Rice Entenza Kelley Munger Rukavina Farrell Kelso Murphy SchumacherThose who voted in the negative were:
Abrams Erhardt Koppendrayer Olson, M. Swenson, H. Anderson, B. Finseth Kraus Onnen Sykora Bettermann Frerichs Krinkie Osskopp Tompkins Bishop Girard Larsen Ozment Tuma Boudreau Goodno Leppik Paulsen Van Dellen Bradley Gunther Lindner Pawlenty Van Engen Broecker Haas Lynch Pellow Vickerman Carlson, S. Hackbarth Macklin Rhodes Warkentin Commers Harder Mares Rostberg Weaver Daggett Holsten McElroy Seagren Wolf Davids Johnson, V. Molnau Stanek Worke Dehler Knight Mulder Sviggum Workman Dempsey Knoblach Ness Swenson, D.So it was the judgment of the House that the decision of the Speaker should stand.
Worke offered an amendment to H. F. No. 2818, the second engrossment, as amended.
Greenfield raised a point of order pursuant to rule 3.09 that the Worke amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Van Dellen offered an amendment to H. F. No. 2818, the second engrossment, as amended.
Greenfield raised a point of order pursuant to rule 3.09 that the Van Dellen amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Van Dellen appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 66 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Kinkel Olson, E. Skoglund Bakk Greenfield Leighton Opatz Solberg Bertram Greiling Lieder Orenstein Tomassoni Brown Hasskamp Long Osthoff Trimble Carlson, L. Hausman Lourey Ostrom Tunheim Carruthers Huntley Luther Otremba Wagenius Clark Jaros Mahon Pelowski Wejcman Cooper Jefferson Mariani Perlt Wenzel Dauner Jennings Marko Peterson Winter Dawkins Johnson, A. McCollum Pugh Sp.Anderson,I Delmont Kahn McGuire Rest Dorn Kalis Milbert Rice Entenza Kelley Munger Rukavina Farrell Kelso Murphy SchumacherThose who voted in the negative were:
Abrams Erhardt Koppendrayer Olson, M. Swenson, D. Anderson, B. Finseth Kraus Onnen Swenson, H. Bettermann Frerichs Krinkie Osskopp Sykora Bishop Girard Larsen Ozment Tompkins Boudreau Goodno Leppik Paulsen Tuma Bradley Gunther Lindner Pawlenty Van Dellen Broecker Haas Lynch Pellow Van Engen Carlson, S. Hackbarth Macklin Rhodes Vickerman Commers Harder Mares Rostberg Warkentin Daggett Holsten McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum WorkmanSo it was the judgment of the House that the decision of the Speaker should stand.
Lindner, Davids and Van Engen moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 11, after line 26, insert:
"The appropriation to the commissioner in Laws 1995, chapter 207, article 1, section 3, subdivision 3, for the fiscal year ending June 30, 1997, is reduced by $500. This reduction shall be taken from the commissioner's activities which support the Minnesota AIDS project because of the project's sexually explicit, graphic, and offensive advertisements."
Correct the subdivision and section totals and the summaries by fund accordingly
A roll call was requested and properly seconded.
Knight moved to amend the Lindner et al amendment to H. F. No. 2818, the second engrossment, as amended, as follows:
Page 1, line 8, delete "$500" and insert "$50"
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Lindner et al amendment, as amended, and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 69 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Osskopp Sykora Anderson, B. Girard Koppendrayer Otremba Tompkins Bettermann Goodno Kraus Ozment Tuma Boudreau Gunther Krinkie Paulsen Tunheim Bradley Haas Larsen Pawlenty Van Dellen Broecker Hackbarth Lindner Pellow Van Engen Carlson, S. Harder Lynch Pelowski Vickerman Commers Hasskamp Macklin Rostberg Warkentin Daggett Holsten McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wenzel Dehler Kalis Mulder Stanek Wolf Dempsey Kelso Ness Sviggum Worke Erhardt Kinkel Olson, M. Swenson, D. Workman Finseth Knight Onnen Swenson, H.Those who voted in the negative were:
Anderson, R. Entenza Leighton Murphy Sarna Bakk Farrell Leppik Olson, E. Schumacher Bertram Garcia Lieder Opatz Skoglund Bishop Greenfield Long Orenstein Solberg Brown Greiling Lourey Osthoff Tomassoni Carlson, L. Hausman Luther Ostrom Trimble Carruthers Huntley Mahon Perlt Wagenius Clark Jaros Mariani Peterson Wejcman Cooper Jefferson Marko Pugh Winter Dauner Jennings McCollum Rest Sp.Anderson,I Dawkins Johnson, A. McGuire Rhodes Delmont Kahn Milbert Rice Dorn Kelley Munger RukavinaThe motion prevailed and the amendment, as amended, was adopted.
Krinkie moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:
Page 170, after line 14, insert:
"Section 1. [256.9251] [NOTICE TO APPLICANTS FOR MEDICAL ASSISTANCE.]
The commissioner shall issue to each applicant for medical assistance, at the time application is made, a separate sheet of paper containing the following statement:
"The taxpayers of the state of Minnesota have generously attempted to help you when you are in need of government assistance and hope this assistance will provide you with the resources needed to become self-sufficient." "
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Krinkie amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 26 yeas and 105 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Erhardt Koppendrayer Osskopp Vickerman Boudreau Frerichs Krinkie Pawlenty Workman Bradley Gunther Leppik Pellow Broecker Hackbarth Lindner Peterson Commers Holsten Mares Tuma Daggett Knight Olson, M. Van DellenThose who voted in the negative were:
Abrams Garcia Larsen Orenstein Swenson, D. Anderson, R. Girard Leighton Osthoff Swenson, H. Bakk Goodno Lieder Ostrom Sykora Bertram Greenfield Long Otremba Tomassoni Bettermann Greiling Lourey Ozment Tompkins Bishop Haas Luther Paulsen Trimble Brown Harder Macklin Pelowski Tunheim Carlson, L. Hasskamp Mahon Perlt Van Engen Carlson, S. Hausman Mariani Pugh Wagenius Carruthers Huntley Marko Rest Warkentin Clark Jaros McCollum Rhodes Weaver Cooper Jefferson McElroy Rice Wejcman Dauner Jennings McGuire Rostberg Wenzel Davids Johnson, A. Milbert Rukavina Winter Dawkins Johnson, V. Molnau Sarna Wolf Dehler Kahn Mulder Schumacher Worke Delmont Kalis Munger Seagren Sp.Anderson,I Dempsey Kelley Murphy Skoglund Dorn Kelso Ness Smith Entenza Kinkel Olson, E. Solberg Farrell Knoblach Onnen Stanek Finseth Kraus Opatz SviggumThe motion did not prevail and the amendment was not adopted.
Van Engen; Bradley; Larsen; Harder; Dempsey; Dehler; Olson, M.; Mulder; Lynch; Haas; Girard; Davids; Workman; Koppendrayer; Broecker; Vickerman; Worke; Bettermann; Molnau; Mares; Weaver; Daggett; Osskopp; Commers; Pawlenty and Carlson, S., offered an amendment to H. F. No. 2818, the second engrossment, as amended.
Wenzel raised a point of order pursuant to rule 3.09 that the Van Engen et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
H. F. No. 2818, A bill for an act relating to human services; changing provisions to MA and GAMC; providing changes to long-term care; adding provisions to health care and health plan regulations; adding provisions for dental services, senior nutrition programs, and kinship caregiver support programs; authorizing studies and reports; appropriating money; amending Minnesota Statutes 1994, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 62Q.075, subdivision 2; 144.0722, by adding a subdivision; 144.551, subdivision 1; 144.71, subdivisions 1 and 2; 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 144.74; 145.61, subdivision 5; 148C.01, by adding a subdivision; 148C.09, by adding a subdivision; 157.20, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.94, subdivisions 2a and 3; 245.95, subdivision 2; 245.97, subdivision 6; 246.57, by adding a subdivision; 253B.11, subdivision 2; 256.482, by adding a subdivision; 256.9355, subdivision 3; 256B.03, by adding a subdivision; 256B.056, subdivision 1a; 256B.058, subdivision 2; 256B.0627, subdivisions 1, as amended, 4, as amended, 5, as amended, and by adding a subdivision; 256B.0913, subdivision 7, and by adding subdivisions; 256B.0915, subdivision 1b, and by adding subdivisions; 256B.15, by adding subdivisions; 256B.35, subdivision 1; 256B.37, subdivision 5; 256B.49, by
adding a subdivision; 256B.501, by adding a subdivision; 256B.69, by adding a subdivision; 256D.16; 256I.04, subdivision 1; 256I.05, subdivision 1c, and by adding a subdivision; and 327.14, subdivision 8; Minnesota Statutes 1995 Supplement, sections 62Q.19, subdivisions 1 and 5; 62R.17; 144.122; 144.9503, subdivisions 6, 8, and 9; 144.9504, subdivisions 2, 7, and 8; 144.9505, subdivision 4; 144A.071, subdivision 3; 148C.01, subdivisions 12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, and by adding a subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 157.15, subdivisions 4, 5, 6, 9, 12, 13, and 14, and by adding subdivisions; 157.16; 157.17, subdivision 2; 157.20, subdivision 1; 157.21; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivisions 1, 2b, and 10; 256B.0575; 256B.0625, subdivisions 17, 19a, and 30; 256B.0628, subdivision 2; 256B.0913, subdivisions 5 and 15a; 256B.0915, subdivisions 3 and 3a; 256B.093, subdivision 3; 256B.15, subdivision 5; 256B.431, subdivision 25; 256B.432, subdivision 2; 256B.434, subdivision 10; 256B.49, subdivisions 6 and 7; 256B.501, subdivisions 5b and 5c; 256B.69, subdivisions 3a, 4, 5b, 6, and 21; 256D.03, subdivision 4; and 256I.04, subdivisions 2b and 3; Laws 1995, chapter 207, articles 1, section 2, subdivision 4; and 8, section 42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 157; 252; 256; 256B; and 256E; proposing coding for new law as Minnesota Statutes, chapter 252B; repealing Minnesota Statutes 1994, sections 144.691, subdivision 4; 146.14; 146.20; Minnesota Statutes 1995 Supplement, sections 157.03; 157.15, subdivision 2; 157.18; 157.19; and 256B.69, subdivision 4a; Minnesota Rules, part 9505.5230.
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.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 116 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Finseth Knight Olson, E. Skoglund Anderson, R. Frerichs Knoblach Olson, M. Smith Bakk Garcia Kraus Onnen Solberg Bertram Goodno Larsen Opatz Stanek Bishop Greenfield Leighton Orenstein Swenson, D. Boudreau Greiling Leppik Osskopp Swenson, H. Broecker Gunther Lieder Osthoff Tomassoni Brown Haas Long Ostrom Tompkins Carlson, L. Hackbarth Lourey Otremba Trimble Carlson, S. Harder Luther Ozment Tuma Carruthers Hasskamp Lynch Pawlenty Tunheim Clark Hausman Macklin Pellow Vickerman Cooper Holsten Mahon Pelowski Wagenius Daggett Huntley Mares Perlt Warkentin Dauner Jaros Mariani Peterson Weaver Davids Jefferson Marko Pugh Wejcman Dawkins Jennings McCollum Rest Wenzel Dehler Johnson, A. McGuire Rhodes Winter Delmont Johnson, V. Milbert Rice Worke Dempsey Kahn Molnau Rostberg Sp.Anderson,I Dorn Kalis Mulder Rukavina Entenza Kelley Munger Sarna Erhardt Kelso Murphy Schumacher Farrell Kinkel Ness SeagrenThose who voted in the negative were:
Abrams Girard McElroy Van Dellen Bettermann Koppendrayer Paulsen Van Engen Bradley Krinkie Sviggum Wolf Commers Lindner Sykora WorkmanThe bill was passed, as amended, and its title agreed to.
H. F. No. 2298 was reported to the House.
Marko moved that H. F. No. 2298 be continued on Special Orders. The motion prevailed.
H. F. No. 1404 was reported to the House.
Lieder moved to amend H. F. No. 1404, the third engrossment, as follows:
Pages 1 to 3, delete section 1
Pages 8 to 10, delete section 12
Renumber the sections in sequence and correct internal cross references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1404, A bill for an act relating to transportation; authorizing use of unmarked vehicles by division of disease prevention and control of the department of health and providing for passenger vehicle classification license plates to be issued for those vehicles; allowing commissioner of transportation to act as agent to accept federal money for nonpublic organizations for transportation purposes; increasing maximum lump sum utility adjustment amount allowed for relocating utility facility; eliminating percentage limit for funding transportation research projects and providing for federal research funds and research partnerships; allowing counties more authority in disbursing certain state-aid highway funds; exempting charter buses from certain requirements of truck weight enforcement operations; regulating erection of highway signs identifying entrance into municipality; eliminating requirement to have permit identifying number affixed to highway billboard; providing for use and maintenance of hydrants located within right-of-way of public roads; eliminating legislative route No. 331 from trunk highway system and turning it back to the jurisdiction of Fillmore county; making technical corrections; amending Minnesota Statutes 1994, sections 16B.54, subdivision 2; 161.085; 161.36, subdivisions 1, 2, 3, and 4; 161.46, subdivision 3; 161.53; 162.08, subdivisions 4 and 7; 162.14, subdivision 6; 168.012, subdivision 1; 169.85; 173.02, subdivision 6; 173.07, subdivision 1; 174.04; and 222.37, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 173; repealing Minnesota Statutes 1994, sections 161.086; 161.115, subdivision 262.
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.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Olson, M. Stanek Anderson, B. Finseth Kraus Onnen Sviggum Anderson, R. Frerichs Krinkie Opatz Swenson, D. Bakk Girard Larsen Orenstein Swenson, H.The bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 86th Day - Top of Page 7701
Bertram Goodno Leighton Osskopp Sykora Bettermann Greenfield Leppik Osthoff Tomassoni Bishop Greiling Lieder Ostrom Tompkins Boudreau Gunther Lindner Otremba Trimble Bradley Haas Long Ozment Tuma Broecker Hackbarth Lourey Paulsen Tunheim Brown Harder Luther Pawlenty Van Dellen Carlson, L. Hasskamp Lynch Pellow Van Engen Carlson, S. Hausman Macklin Pelowski Vickerman Carruthers Holsten Mahon Perlt Wagenius Clark Huntley Mares Peterson Warkentin Commers Jaros Mariani Pugh Weaver Cooper Jefferson Marko Rest Wejcman Daggett Jennings McCollum Rhodes Wenzel Dauner Johnson, A. McElroy Rice Winter Davids Johnson, V. McGuire Rostberg Wolf Dawkins Kahn Milbert Rukavina Worke Dehler Kalis Molnau Sarna Workman Delmont Kelley Mulder Schumacher Sp.Anderson,I Dempsey Kelso Munger Seagren Dorn Kinkel Murphy Skoglund Entenza Knight Ness Smith Erhardt Knoblach Olson, E. Solberg
Kahn moved that the call of the House be suspended. The motion prevailed and it was so ordered.
There being no objection, the order of business reverted to Messages from the Senate.
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 2702.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2702, A bill for an act relating to transportation; appropriating money for transportation purposes.
The bill was read for the first time.
Lieder moved that S. F. No. 2702 and H. F. No. 3137, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Greenfield moved that the name of Tompkins be added as an author on H. F. No. 2486. The motion prevailed.
Greenfield moved that the names of Lourey, Delmont and Tompkins be added as authors on H. F. No. 2818. The motion prevailed.
Haas moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the first Koppendrayer amendment to H. F. No. 2156, the third engrossment, as amended." The motion prevailed.
Marko moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the Lindner amendment to H. F. No. 2156, the third engrossment, as amended." The motion prevailed.
Leppik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the final passage of S. F. No. 2584." The motion prevailed.
Knoblach moved that H. F. No. 1671 be returned to its author. The motion prevailed.
Knoblach moved that H. F. No. 1933 be returned to its author. The motion prevailed.
Sviggum moved that H. F. No. 2200 be returned to its author. The motion prevailed.
Clark moved that H. F. No. 3101 be returned to its author. The motion prevailed.
Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, February 28, 1996. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Wednesday, February 28, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
Comments: webmaster@house.leg.state.mn.us