Saint Paul, Minnesota, Friday, March 1, 1996
On this day in 1881, the old State Capitol was destroyed by
fire. Legislators met for the next two years at the old Market
House building at 7th and Wabasha Streets while a new Capitol,
predecessor to the current building, was built at Wabasha and
10th Streets.
The House of Representatives convened at 9:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Dr. John De Salvo, Director of Religious
Education, St. Margaret's Church, Golden Valley, Minnesota.
The roll was called and the following members were present:
Frerichs and Murphy were excused.
Bishop and Ozment were excused until 9:45 a.m. Farrell was
excused until 10:00 a.m. Macklin was excused until 12:20 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Mahon 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 Finseth Knoblach Olson, M. Solberg
Anderson, B. Garcia Koppendrayer Onnen Stanek
Anderson, R. Girard Kraus Opatz Sviggum
Bakk Goodno Krinkie Orenstein Swenson, D.
Bertram Greenfield Larsen Orfield Swenson, H.
Bettermann Greiling Leighton Osskopp Sykora
Boudreau Gunther Leppik Osthoff Tomassoni
Bradley Haas Lieder Ostrom Tompkins
Broecker Hackbarth Lindner Otremba Trimble
Brown Harder Long Paulsen Tuma
Carlson, L. Hasskamp Lourey Pawlenty Tunheim
Carlson, S. Hausman Luther Pellow Van Dellen
Carruthers Holsten Lynch Pelowski Van Engen
Clark Huntley Mahon Perlt Vickerman
Commers Jaros Mares Peterson Wagenius
Cooper Jefferson Mariani Pugh Warkentin
Daggett Jennings Marko Rest Weaver
Dauner Johnson, A. McCollum Rhodes Wejcman
Davids Johnson, R. McElroy Rice Wenzel
Dawkins Johnson, V. McGuire Rostberg Winter
Dehler Kahn Milbert Rukavina Wolf
Delmont Kalis Molnau Sarna Worke
Dempsey Kelley Mulder Schumacher Workman
Dorn Kelso Munger Seagren Sp.Anderson,I
Entenza Kinkel Ness Skoglund
Erhardt Knight Olson, E. Smith
A quorum was present.
JOURNAL OF THE HOUSE - 89th Day - Top of Page 7856
S. F. No. 2167 and H. F. No. 3231, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Brown moved that the rules be so far suspended that S. F. No. 2167 be substituted for H. F. No. 3231 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2856 and H. F. No. 3242, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Murphy moved that the rules be so far suspended that S. F. No. 2856 be substituted for H. F. No. 3242 and that the House File be indefinitely postponed. The motion prevailed.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 2417, A bill for an act relating to retirement; various Minnesota public pension plans; making various benefit and coverage modifications; redirecting various state pension aids to certain first class city teachers retirement fund associations; requiring certain school district employer contribution increases; making various administrative modifications; amending Minnesota Statutes 1994, sections 3A.04, subdivision 4; 124.916, subdivision 3; 144C.06; 352.04, subdivision 8; 352.95, subdivision 2; 352B.10, subdivision 2; 352B.11, subdivision 1; 352C.09, by adding a subdivision; 353D.01, subdivision 2; 353D.02; 353D.03; 353D.04; 354.44, subdivisions 3 and 4; 354A.12, subdivisions 2, 3a, 3c, and by adding subdivisions; 423A.02, by adding a subdivision; 423B.01, subdivision 9; 423B.15, subdivision 3; 424A.001, by adding subdivisions; 424A.01, by adding a subdivision; 424A.02, subdivision 1; and 490.124, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 144C.07, subdivision 2; 144C.08; 354A.12, subdivision 3b; 354D.02, subdivision 2; 354D.03; 354D.04; and 354D.06; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended and 4, as amended; and Laws 1995, chapter 252, article 1, section 16; proposing coding for new law in Minnesota Statutes, chapter 354D; repealing Minnesota Statutes 1994, section 353D.11; Laws 1990, chapter 570, article 13, section 1, subdivision 5.
Reported the same back with the following amendments:
Page 6, after line 27, insert:
"Section 1. Minnesota Statutes 1994, section 16.06, is amended by adding a subdivision to read:
Subd. 9. [FIRST CLASS CITY TEACHER RETIREMENT FUNDS AIDS REPORTING.] Each year, on or before April 15, the commissioner of finance shall report to the chairs of the senate finance committee and the house ways and means committee on expenditures for state aids to the Minneapolis and Saint Paul teacher retirement fund associations under sections 354A.12 and 423A.02, subdivision 3. This report shall include the amounts expended in the most recent fiscal year and estimates of expected expenditures for the current and next fiscal year.
Sec. 2. Minnesota Statutes 1994, section 69.021, subdivision 7, is amended to read:
Subd. 7. [APPORTIONMENT OF FIRE STATE AID TO
MUNICIPALITIES AND RELIEF ASSOCIATIONS.] (1) (a)
The commissioner shall apportion the fire state aid
relative to the premiums reported on the Minnesota Firetown
Premium Reports filed under this chapter to each municipality
and/or firefighters' relief association,.
(b) The commissioner shall calculate an initial fire state aid allocation amount for each municipality or fire department under paragraph (c) and a minimum fire state aid allocation amount for each municipality or fire department under paragraph (d). The municipality or fire department must receive the larger fire state aid amount.
(c) The initial fire state aid allocation amount is the
amount available for apportionment as fire state aid under
subdivision 5, without inclusion of any additional funding amount
to support a minimum fire state aid amount under section 423A.02,
subdivision 3, allocated one-half in proportion to the
population as shown in the last official statewide federal census
for each fire town and one-half in proportion to the market value
of each fire town, including the market value of tax exempt
property, but excluding the market value of minerals. In the
case of incorporated or municipal fire departments furnishing
fire protection to other cities, towns, or townships as evidenced
by valid fire service contracts filed with the commissioner, the
distribution shall must be adjusted proportionately
to take into consideration the crossover fire protection service.
Necessary adjustments shall be made to subsequent apportionments.
In the case of municipalities or independent fire departments
qualifying for the aid, the commissioner shall calculate the
state aid for the municipality or relief association on the basis
of the population and the market value of the area furnished fire
protection service by the fire department as evidenced by duly
executed and valid fire service agreements filed with the
commissioner. If one or more fire departments are furnishing
contracted fire service to a city, town, or township, only the
population and market value of the area served by each fire
department shall may be considered in calculating
the state aid and the fire departments furnishing service shall
enter into an agreement apportioning among themselves the percent
of the population and the market value of each service area. The
agreement shall must be in writing and must
be filed with the commissioner.
(d) The minimum fire state aid allocation amount is the amount in addition to the initial fire state allocation amount that is derived from any additional funding amount to support a minimum fire state aid amount under section 423A.02, subdivision 3, and allocated to municipalities with volunteer firefighter relief associations based on the number of active volunteer firefighters who are members of the relief association as reported in the annual financial reporting for the calendar year 1993 to the office of the state auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or fire departments with volunteer firefighter relief associations receive in total at least a minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of 30 firefighters.
(e) The fire state aid shall must
be paid to the treasurer of the municipality where the fire
department is located and the treasurer of the municipality
shall, within 30 days of receipt of the fire state
aid, transmit the aid to the relief association if the relief
association has filed a financial report with the treasurer of
the municipality and has met all other statutory provisions
pertaining to the aid apportionment.
(f) The commissioner may make rules to permit the administration of the provisions of this section. Any adjustments needed to correct prior misallocations must be made to subsequent apportionments.
Subd. 7a. [APPORTIONMENT OF POLICE STATE AID.]
(2) (a) The commissioner shall apportion the state
peace officer aid to each municipality and to the county in the
following manner:
(a) (1) For all municipalities maintaining police
departments and the county, the state aid shall
must be distributed in proportion to the total number of
peace officers, as determined under section 69.011, subdivision
1, clause (g), and subdivision 2, clause (b), employed by each
municipality and by the county for 12 calendar months and the
proportional or fractional number who were employed less than 12
months;
(b) (2) For each municipality which contracts
with the county for police service, a proportionate amount of the
state aid distributed to the county based on the full-time
equivalent number of peace officers providing contract service
shall must be credited against the municipality's
contract obligation; and
(c) (3) For each municipality which contracts
with another municipality for police service, a proportionate
amount of the state aid distributed to the municipality providing
contract service based on the full-time equivalent number of
peace officers providing contract service on a full-time
equivalent basis shall must be credited against the
contract obligation of the municipality receiving contract
service;.
(d) (b) No municipality entitled to receive state
peace officer aid shall may be apportioned less
state peace officer aid for any year under Laws 1976, chapter
315, than the amount which was apportioned to it for calendar
year 1975 based on premiums reported to the commissioner for
calendar year 1974; provided, the amount of state peace officer
aid to other municipalities within the county and to the county
shall must be adjusted in proportion to the total
number of peace officers in the municipalities and the county, so
that the amount of state peace officer aid apportioned
shall does not exceed the amount of state peace
officer aid available for apportionment."
Page 13, delete section 8 and insert:
"Sec. 10. Minnesota Statutes 1994, section 423A.02, subdivision 1, is amended to read:
Subdivision 1. [AMORTIZATION STATE AID.] (a) A municipality in which is located a local police or salaried firefighters' relief association to which the provisions of section 69.77, apply, that had an unfunded actuarial accrued liability in the most recent relief association actuarial valuation, is entitled, upon application as required by the commissioner of revenue, to receive local police and salaried firefighters' relief association amortization state aid if the municipality and the appropriate relief association both comply with the applicable provisions of sections 69.031, subdivision 5, 69.051, subdivisions 1 and 3, and 69.77. If a municipality loses entitlement for amortization state aid in any year because its local relief association no longer has an unfunded actuarial accrued liability, the municipality is not entitled to amortization state aid in any subsequent year.
(b) The total amount of amortization state aid to all entitled municipalities must not exceed $5,055,000.
(c) Subject to the adjustment for the city of Minneapolis provided in this paragraph, the amount of amortization state aid to which a municipality is entitled annually is an amount equal to the level annual dollar amount required to amortize, by December 31, 2010, the unfunded actuarial accrued liability of the special fund of the appropriate relief association as reported in the December 31, 1978, actuarial valuation of the relief association prepared under sections 356.215 and 356.216, reduced by the dollar amount required to pay the interest on the unfunded actuarial accrued liability of the special fund of the relief association for calendar year 1981 set at the rate specified in Minnesota Statutes 1978, section 356.215, subdivision 4, clause (4). For the city of Minneapolis, the amortization state aid amount thus determined must be reduced by $747,232 on account of the Minneapolis police relief association and by $772,768 on account of the Minneapolis fire department relief association. If the amortization state aid amounts determined under this paragraph exceed the amount appropriated for this purpose, the amortization state aid for actual allocation must be reduced pro rata.
(d) Payment of amortization state aid to municipalities must be
made directly to the municipalities involved in four
three equal installments on March 15, July 15,
September 15 and November 15 annually. Upon receipt of
amortization state aid, the municipal treasurer shall transmit
the aid amount to the treasurer of the local relief association
for immediate deposit in the special fund of the relief
association.
(e) The commissioner of revenue shall prescribe and periodically revise the form for and content of the application for the amortization state aid.
Sec. 11. Minnesota Statutes 1994, section 423A.02, is amended by adding a subdivision to read:
Subd. 3. [REALLOCATION AND AMORTIZATION OR SUPPLEMENTARY AMORTIZATION STATE AID.] (a) For fiscal year 1996, 70 percent of the difference between $6,182,000 and the current year amortization aid or supplemental amortization aid distributed under this section to a municipality for use by a local police or salaried fire relief association must be distributed by the commissioner of revenue according to this subdivision. For fiscal year 1997 and each year thereafter, the base amount becomes $5,720,000. The commissioner shall distribute 70 percent of the amounts derived under this paragraph to the Minneapolis teachers retirement fund association and 30 percent to the St. Paul teachers retirement fund association to fund the unfunded actuarial accrued liabilities of the respective funds. These payments shall be made on or before June 30 each fiscal year. The amount required under this paragraph is appropriated annually from the general fund to the commissioner of revenue. If either fund becomes fully funded based on the actuarial reports prepared by the actuary for the legislative commission on pensions and retirement, then the commissioner shall distribute that fund's share under this paragraph to the other fund. The appropriation under this paragraph terminates when both funds become fully funded.
(b) Thirty percent of the amortization aid or supplemental amortization aid under this section which is not distributed for any reason to a municipality for use by a local police or salaried firefighter relief association must be distributed under section 69.021, subdivision 7, paragraph (d), as additional funding to support a minimum fire state aid amount for volunteer firefighter relief associations. The amount required under this paragraph is appropriated annually to the commissioner of finance."
Page 17, line 34, delete "12" and insert "15"
Page 37, after line 35, insert:
Section 1. Minnesota Statutes 1994, section 356A.06, subdivision 4, is amended to read:
Subd. 4. [ECONOMIC INTEREST STATEMENT.] (a) Each member of the governing board of a covered pension plan and the chief administrative officer of the plan shall file with the plan a statement of economic interest.
(b) For a covered pension plan other than a plan specified in paragraph (c), the statement must contain the information required by section 10A.09, subdivision 5, and any other information that the fiduciary or the governing board of the plan determines is necessary to disclose a reasonably foreseeable potential or actual conflict of interest.
(c) For a covered pension plan governed by sections 69.771 to 69.776 or a covered pension plan governed by section 69.77 with assets under $8,000,000, the statement must contain the following:
(1) the person's principal occupation and principal place of business;
(2) whether or not the person has an ownership of or interest of ten percent or greater in an investment security brokerage business, a real estate sales business, an insurance agency, a bank, a savings and loan, or another financial institution; and
(3) any relationship or financial arrangement that can reasonably be expected to give rise to a conflict of interest.
(d) The statement must be filed annually with the chief administrative officer of the plan and be available for public inspection during regular office hours at the office of the pension plan.
(e) A disclosure form meeting the requirements of the federal Investment Advisers Act of 1940, United States Code, title 15, sections 80b-1 to 80b-21 as amended, and filed with the state board of investment or the pension plan meets the requirements of this subdivision.
(f) The chief administrative officer of each covered pension plan, by January 15, annually, shall transmit a copy of all statements of economic interest received by the plan under this subdivision during the preceding 12 months to the ethical practices board.
Sec. 2. Minnesota Statutes 1994, section 424A.02, is amended by adding a subdivision to read:
Subd. 3b. [MINIMUM LUMP SUM SERVICE PENSION FOR DEFINED BENEFIT PLAN VOLUNTEER FIREFIGHTER RELIEF ASSOCIATIONS.]
Any volunteer firefighter relief association that is a defined benefit plan, provides a lump sum service pension, and received a minimum fire state aid allocation amount under section 69.021, subdivision 7, paragraphs (b) and (d), must provide for an increase in the lump sum service pension per year of service credit commensurate with the amount of the fire state aid increase per active firefighter in that preceding year, provided that all other conditions of law are met.
Sec. 3. [REVIEW OF INVESTMENT PERFORMANCE ATTRIBUTION REPORTING FORMS AND REPORTING PROCESS.]
(a) On or before February 15, 1997, the special task force established in paragraph (b), shall report to the legislature on its review of the investment performance attribution reporting forms and reporting process as provided in paragraph (d).
(b) The special task force consists of:
(1) the chair of the legislative commission on pensions and retirement or the chair's designee;
(2) the vice-chair of the legislative commission on pensions and retirement or the vice-chair's designee;
(3) the chair of the committee on governmental operations of the house of representatives or the chair's designee;
(4) the chair of the committee on governmental operations and veterans of the senate or the chair's designee;
(5) the executive director of the state board of investment or the director's designee;
(6) the state auditor or the auditor's designee;
(7) the legislative auditor or the auditor's designee;
(8) two persons who are each a volunteer firefighter member of the board of trustees of a volunteer firefighter relief association deemed representative of its membership and designated by the governing board of the Minnesota area relief association coalition;
(9) two persons who are each a volunteer firefighter member of the board of trustees of a volunteer firefighter relief association deemed representative of its membership and designated by the governing board of the Minnesota state fire chiefs association;
(10) two persons who are each a volunteer firefighter member of the board of trustees of a volunteer firefighter relief association deemed representative of its membership and designated by the governing board of the Minnesota state fire department association;
(11) a person who is a municipal representative on a board of trustees of a volunteer firefighters relief association with assets under $300,000 as designated by the executive director of the league of Minnesota cities;
(12) a representative of a first class city teacher retirement fund association as designated by the chair of the legislative commission on pensions and retirement;
(13) a representative of a local police or salaried firefighter relief association governed by Minnesota Statutes, section 69.77, as designated by the chair of the legislative commission on pensions and retirement; and
(14) the commissioner of employee relations.
(c) The chair of the special task force is the chair of the legislative commission on pensions and retirement or the chair's designee and the chair shall establish the meeting schedule and topic agenda for the special task force.
(d) The special task force, at a minimum, shall consider the following topics and issues:
(1) the changes required to simplify the investment performance attribution reporting under Minnesota Statutes, section 356.219, for smaller local pension plans;
(2) the changes required to include the investment performance attribution reporting in the annual financial reporting under Minnesota Statutes, section 69.051;
(3) the changes required to combine the investment performance reporting under Minnesota Statutes, section 356.218, with the investment performance attribution reporting under Minnesota Statutes, section 356.219, and the appropriate entity to administer any combined reporting program; and
(4) any other topics relevant to the investment reporting programs under Minnesota Statutes, section 356.218 or 356.219.
Sec. 4. [EFFECTIVE DATE.]
This article is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. No. 2417 was read for the second time.
S. F. Nos. 2167 and 2856 were read for the second time.
The following House Files were introduced:
Olson, E., introduced:
H. F. No. 3263, A bill for an act relating to metropolitan area watershed districts; limiting their authority; amending Minnesota Statutes 1994, section 103B.205, subdivision 13; repealing Minnesota Statutes 1994, section 103B.251, subdivision 9.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Osthoff and Long introduced:
H. F. No. 3264, A bill for an act relating to taxation; proposing an amendment to the Constitution limiting the use of property taxes to fund education; providing property tax reform; providing for education aids; providing for local government aids; providing county program reform aid; changing property class rates on nonhomestead and commercial industrial property; increasing property tax refunds for homeowners and renters; providing a property tax refund for cabins; imposing the sales tax on sewer and water services, motor vehicle services, and sales of used clothing; appropriating money; amending Minnesota Statutes 1994, sections 124.2716, subdivision 3; 124.2727, subdivision 6b; 162.081, subdivision 4; 273.13, subdivision 32; 273.1398, subdivision 2; 273.1399, subdivision 5; 275.07, subdivision 1a; 290A.03, by adding a subdivision; 290A.04, subdivisions 1, 2, and by adding a subdivision; 290A.10; 290A.23, subdivision 3; 297A.25, subdivision 8; 477A.011, subdivisions 27, 34, and by adding subdivisions; and 477A.013, subdivisions 8 and 9; Minnesota Statutes 1995 Supplement, sections 124.226, subdivision 10; 124.2711, subdivision 2a; 124.83, subdivision 4; 124.95, subdivision 4; 124A.23, subdivision 1; 273.13, subdivision 25; 273.1398, subdivisions 1, 6, and 8; 276.04, subdivision 2; 290A.03, subdivision 13; 290A.04, subdivision 6; 297A.01, subdivision 3; 473.253, subdivision 1; 473.711, subdivision 2; 477A.0132, subdivision 3; and 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 477A; repealing Minnesota Statutes 1994, sections 290A.04, subdivisions 2a and 2b; 290A.23, subdivision 1; 477A.011, subdivisions 35 and 37; 477A.013, subdivision 6; and 477A.014, subdivision 1a; Minnesota Statutes 1995 Supplement, section 477A.011, subdivision 36.
The bill was read for the first time and referred to the Committee on Taxes.
Anderson, R., introduced:
H. F. No. 3265, A bill for an act relating to health; requiring prescription drug price disclosure; proposing coding for new law in Minnesota Statutes, chapter 62J.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Anderson, R., introduced:
H. F. No. 3266, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing the commissioner of administration to charge a fee; requiring certain disclosures by purchasers of prescription drugs; proposing coding for new law in Minnesota Statutes, chapters 16B and 62J.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Anderson, R., introduced:
H. F. No. 3267, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing the commissioner of administration to charge a fee; requiring certain disclosures by purchasers of prescription drugs; proposing coding for new law in Minnesota Statutes, chapter 16B.
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 that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
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.
The Senate has appointed as such committee:
Mr. Betzold; Ms. Wiener and Mr. Limmer.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2207, A bill for an act relating to the environment; adopting changes to the Midwest Interstate Compact on Low-Level Radioactive Waste; making conforming changes; amending Minnesota Statutes 1994, sections 116C.831; 116C.832, subdivision 1, and by adding a subdivision; 116C.833, subdivision 2; 116C.834, subdivision 1, and by adding a subdivision; 116C.835, subdivision 6; 116C.836, subdivision 2; and 116C.842, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 116C.847; and 116C.848.
The Senate has appointed as such committee:
Messrs. Novak, Finn and Dille.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2411, A bill for an act relating to game and fish; prohibiting trespassing on agricultural land for outdoor recreation; prohibiting trespassing on certain private land for outdoor recreation; modifying posting requirements; modifying provisions for retrieving dogs and wounded game; prohibiting hunting in certain areas; providing civil penalties; establishing an appeals procedure; directing the disposition of penalty amounts; amending Minnesota Statutes 1994, section 94B.001, subdivisions 2, 3, 4, 5, 6, 7, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B.
Patrick E. Flahaven, Secretary of the Senate
Johnson, V., moved that the House concur in the Senate amendments to H. F. No. 2411 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2411, A bill for an act relating to game and fish; prohibiting trespassing on agricultural land for outdoor recreation; prohibiting trespassing on certain private land for outdoor recreation; modifying posting requirements; modifying provisions for retrieving dogs and wounded game; prohibiting hunting in certain areas; providing civil penalties; establishing an appeals procedure; directing the disposition of penalty amounts; amending Minnesota Statutes 1994, sections 97A.301, subdivision 1; and 97B.001, subdivisions 2, 3, 4, 5, 6, 7, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Sviggum Anderson, B. Garcia Kraus Opatz Swenson, D. Anderson, R. Girard Krinkie Orenstein Swenson, H. Bakk Goodno Larsen Orfield Sykora Bertram Greenfield Leighton Osskopp Tomassoni Bettermann Greiling Leppik Osthoff Tompkins Boudreau Gunther Lieder Ostrom Trimble Bradley Haas Lindner Otremba Tuma Broecker Hackbarth Long Paulsen Tunheim Brown Harder Lourey Pawlenty Van Dellen Carlson, L. Hasskamp Luther Pellow Van Engen Carlson, S. Hausman Lynch 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 Rostberg Winter Davids Johnson, R. McGuire Rukavina Wolf Dawkins Johnson, V. Milbert Sarna Worke Dehler Kalis Molnau Schumacher Sp.Anderson,I Delmont Kelley Mulder Seagren Dempsey Kelso Munger Skoglund Dorn Kinkel Ness Smith Entenza Knight Olson, E. Solberg Erhardt Knoblach Olson, M. StanekThe bill was repassed, as amended by the Senate, and its title agreed to.
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. 2818, A bill for an act relating to human services; changing provisions relating to certain public assistance programs; 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; 144A.04, by adding a subdivision; 145.61, subdivision 5; 148.235, by adding a subdivision; 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; 256.73, subdivision 1, and by adding a subdivision; 256B.03, by adding a subdivision; 256B.056, subdivisions 1 and 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 subdivisions; 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.02, subdivision 12a; 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.
Patrick E. Flahaven, Secretary of the Senate
Greenfield moved that the House refuse to concur in the Senate amendments to H. F. No. 2818, that the Speaker appoint a Conference Committee of 5 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 that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2012, A bill for an act relating to highways; designating a portion of marked trunk highway No. 22 as Victory Drive; designating a portion of marked trunk highway No. 15 as Veterans Memorial Highway; providing for reimbursement of costs; amending Minnesota Statutes 1994, section 161.14, by adding subdivisions.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Beckman, Metzen and Belanger.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Kalis moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2012. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2849, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; amending Laws 1994, chapter 643, section 69, subdivision 1.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Stumpf, Murphy, Solon, Larson and Ms. Wiener.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Kinkel moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2849. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
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.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Cohen, Riveness, Merriam, Kelly and Frederickson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Rukavina moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2857. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1844, 2322, 2089, 2385 and 1978.
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. 2317, 2194, 1968, 2624 and 1464.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1844, A bill for an act relating to the reorganization, administration, and operation of a hospital district in Rice county; amending Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; and 6.
The bill was read for the first time and referred to the Committee on Taxes.
S. F. No. 2322, A bill for an act relating to crime prevention; limiting the right to possess a pistol for persons convicted of violating an order for protection; limiting the right to possess a pistol for persons convicted of a stalking or harassment crime; requiring domestic abuse assessments; increasing the penalty for committing domestic assault in the presence of a minor; amending Minnesota Statutes 1994, sections 609.224, subdivision 4; 609.5316, subdivision 3; 609.749, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 518B.01, subdivision 14; 609.224, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518B.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2089, A bill for an act relating to corrections; authorizing peace officers and probation officers to detain probationers based on an order from the court services director of county probation agencies not organized under chapter 401; amending Minnesota Statutes 1994, section 260.311, subdivision 3a.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2385, A bill for an act relating to crime prevention; defining probation; clarifying jurisdiction of probation service providers; requiring reports and reviews; requiring policies to be adopted; requiring probation service providers to collect and maintain certain information; creating a work group; amending Minnesota Statutes 1994, sections 260.311, subdivision 1; and 609.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 244.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
S. F. No. 1978, A bill for an act relating to game and fish; allowing nonresidents under age 16 to take small game under certain conditions; amending Minnesota Statutes 1994, sections 97A.015, by adding a subdivision; 97A.451, by adding a subdivision; 97B.021, subdivision 1; and Minnesota Statutes 1995 Supplement, section 97A.451, subdivision 3.
The bill was read for the first time.
Daggett moved that S. F. No. 1978 and H. F. No. 2052, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2317, A bill for an act relating to group residential housing; clarifying a rate exception; amending Minnesota Statutes 1994, section 256I.05, subdivision 2.
The bill was read for the first time.
Long moved that S. F. No. 2317 and H. F. No. 2639, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2194, A bill for an act relating to metropolitan government; allowing the metropolitan council to determine an allocation method for wastewater services; amending Minnesota Statutes 1994, sections 473.511, subdivision 4; 473.517; and 473.519.
The bill was read for the first time.
Mahon moved that S. F. No. 2194 and H. F. No. 2556, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1968, A bill for an act relating to crime; increasing penalties for assaulting a firefighter or a provider of emergency medical services; amending Minnesota Statutes 1994, section 609.2231, subdivision 2, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2624, A bill for an act relating to insurance; clarifying coverage under homeowner's insurance for day care services; amending Minnesota Statutes 1994, section 65A.27, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 65A.
The bill was read for the first time.
Lourey moved that S. F. No. 2624 and H. F. No. 3078, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1464, A bill for an act relating to water; modifying provisions relating to certain water level control permits; amending Minnesota Statutes 1994, section 103G.405.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
The Speaker called Trimble to the Chair.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2058.
H. F. No. 2058, A bill for an act relating to education; authorizing the sale of general obligation bonds in the form of college savings bonds; proposing coding for new law in Minnesota Statutes, chapter 16A.
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 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, M. Solberg Anderson, B. Garcia Koppendrayer Onnen Stanek Anderson, R. Girard Kraus Opatz Sviggum Bakk Goodno Krinkie Orenstein Swenson, D. Bertram Greenfield Larsen Orfield Swenson, H. Bettermann Greiling Leighton Osskopp Sykora Boudreau Gunther Leppik Osthoff Tomassoni Bradley Haas Lieder Ostrom Tompkins Broecker Hackbarth Lindner Otremba Trimble Brown Harder Long Paulsen Tuma Carlson, L. Hasskamp Lourey Pawlenty Tunheim Carlson, S. Hausman Luther Pellow Van Dellen Carruthers Holsten Lynch Pelowski Van Engen Clark Huntley Mahon Perlt Vickerman Commers Jaros Mares Peterson Wagenius Cooper Jefferson Mariani Pugh Warkentin Daggett Jennings Marko Rest Weaver Dauner Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rice Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher WorkmanThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 89th Day - Top of Page 7868
Dorn Kelso Munger Seagren Sp.Anderson,I Entenza Kinkel Ness Skoglund Erhardt Knight Olson, E. Smith
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2568.
H. F. No. 2568 was reported to the House.
Warkentin moved to amend H. F. No. 2568, the first engrossment, as follows:
Page 1, line 24, delete "a" and insert "an adjusted"
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
H. F. No. 2568, A bill for an act relating to education; appropriating money to reduce tuition rates.
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 112 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Erhardt Kelso Opatz Stanek Bakk Farrell Kinkel Orenstein Swenson, D. Bertram Finseth Knoblach Orfield Swenson, H. Bettermann Garcia Kraus Osskopp Sykora Bishop Girard Larsen Osthoff Tomassoni Boudreau Goodno Leighton Ostrom Tompkins Broecker Greenfield Leppik Otremba Trimble Brown Greiling Lieder Ozment Tuma Carlson, L. Gunther Long Pawlenty Tunheim Carlson, S. Harder Lourey Pelowski Van Dellen Carruthers Hasskamp Luther Perlt Van Engen Clark Hausman Mahon Peterson Wagenius Commers Holsten Mares Pugh Warkentin Cooper Huntley Mariani Rest Weaver Daggett Jaros Marko Rhodes Wejcman Dauner Jefferson McCollum Rice Wenzel Davids Jennings McElroy Rostberg Winter Dawkins Johnson, A. McGuire Rukavina Worke Dehler Johnson, R. Milbert Sarna Workman Delmont Johnson, V. Mulder Schumacher Sp.Anderson,I Dempsey Kahn Munger Seagren Dorn Kalis Ness Skoglund Entenza Kelley Olson, E. SolbergThose who voted in the negative were:
Abrams Hackbarth Lindner Onnen Sviggum Anderson, B. Knight Lynch Paulsen Vickerman Bradley Koppendrayer Molnau Pellow Wolf Haas Krinkie Olson, M. SmithThe bill was passed and its title agreed to.
H. F. No. 2377 was reported to the House.
Delmont and Abrams moved to amend H. F. No. 2377, the first engrossment, as follows:
Page 2, line 53, delete "17B.02,"
Page 2, line 54, delete "subdivision 4;" and delete "subdivisions 8 and" and insert "subdivision"
Page 2, delete line 55, and insert "subdivision 2; 18B.01,"
Page 2, delete line 57
page 2, line 58, delete everything after the first semicolon
Page 3, line 1, delete everything before "18C.531,"
Page 3, line 2, delete everything after the semicolon
Page 3, line 3, delete "3; 18C.575; 18D.01, subdivision 8;"
Page 3, line 4, delete "subdivisions 6 and" and insert "subdivision"
Page 3, line 6, after "27.01" insert ", subdivisions 1, 3, 6, and 9" and after "6," insert "and" and delete ", and 10"
Page 3, line 7, delete "31.01,"
Page 3, line 8, delete "subdivision 2;"
Page 3, line 35, delete "216C.33;"
Page 4, line 17, delete "469.124;"
Page 4, line 23, after "626.563" insert ", as amended by Laws 1995, chapter 259, article 3, section 22"
Delete the title and insert:
"A bill for an act relating to state government; repealing obsolete laws; repealing Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 16; 18B.065, subd. 6; 18B.08, subd. 5; 18C.105; 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 12; 31.782, subdivision 2; 31.92,
subdivision 1a; 31A.02, subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 32.485; 32.531, subdivisions 2, 3, and 4; 35.01; 35.73; 42.02, subdivision 2; 42.06, subdivision 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as amended; 626.855; and 641.111; Minnesota Statutes 1995 Supplement, sections 17A.091, subdivision 2; 115A.14, subdivision 4; 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 1; 136A.043; 471.74, subdivision 2; 474.191; and 477A.012, subdivision 2."
The motion prevailed and the amendment was adopted.
H. F. No. 2377, A bill for an act relating to state government; repealing obsolete laws; repealing Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 16; 18B.065, subd. 6; 18B.08, subd. 5; 18C.105; 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 32.485; 32.531, subdivisions 2, 3, and 4; 35.01; 35.73; 42.02, subdivision 2; 42.06, subdivision 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 383B.233; 383B.69; 383C.054; 383C.057; 383C.058;
383D.15; 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as amended; 626.855; and 641.111; Minnesota Statutes 1995 Supplement, sections 17A.091, subdivision 2; 115A.14, subdivision 4; 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 1; 136A.043; 471.74, subdivision 2; 474.191; and 477A.012, subdivision 2.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Onnen Stanek Anderson, B. Finseth Koppendrayer Opatz Sviggum Anderson, R. Garcia Kraus Orenstein Swenson, D. Bakk Girard Krinkie Orfield Swenson, H. Bertram Goodno Larsen Osskopp Sykora Bettermann Greenfield Leighton Osthoff Tomassoni Bishop Greiling Leppik Ostrom Tompkins Boudreau Gunther Lieder Otremba Trimble Bradley Haas Lindner Ozment Tuma Broecker Hackbarth Long Paulsen Tunheim Brown Harder Lourey Pawlenty Van Dellen Carlson, L. Hasskamp Luther Pellow Van Engen Carlson, S. Hausman Lynch 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, R. McGuire Rostberg Wolf Dawkins Johnson, V. Milbert Rukavina Worke Dehler Kahn Molnau Sarna Workman Delmont Kalis Mulder Schumacher Sp.Anderson,I Dempsey Kelley Munger Seagren Dorn Kelso Ness Skoglund Entenza Kinkel Olson, E. Smith Erhardt Knight Olson, M. SolbergThe bill was passed, as amended, and its title agreed to.
H. F. No. 2782 was reported to the House.
Dawkins and Orenstein moved to amend H. F. No. 2782, the second engrossment, as follows:
Page 2, after line 32, insert:
"In carrying out these duties, the council shall consult with and may designate as a special task force, the subcommittee of the legislative commission on planning and fiscal policy or its successor entity created in Laws 1995, chapter 264, article 8, section 22."
The motion prevailed and the amendment was adopted.
H. F. No. 2782, A bill for an act relating to local government; providing for creation of an advisory council on intergovernmental relations; proposing coding for new law in Minnesota Statutes, chapter 15.
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 121 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knoblach Opatz Stanek Anderson, R. Farrell Koppendrayer Orenstein Swenson, D. Bakk Finseth Kraus Orfield Swenson, H. Bertram Garcia Larsen Osskopp Sykora Bettermann Girard Leighton Osthoff Tomassoni Bishop Goodno Leppik Ostrom Tompkins Boudreau Greenfield Lieder Otremba Trimble Bradley Greiling Long Ozment Tuma Broecker Gunther Lourey Paulsen Tunheim Brown Haas Luther Pawlenty Van Dellen Carlson, L. Harder Lynch Pellow Van Engen Carlson, S. Hasskamp Mahon Pelowski Vickerman Carruthers Hausman Mares Perlt Wagenius Clark Holsten Mariani Peterson Warkentin Commers Huntley Marko Pugh Weaver Cooper Jaros McCollum Rest Wejcman Daggett Jefferson McElroy Rhodes Wenzel Dauner Johnson, A. McGuire Rostberg Winter Davids Johnson, R. Milbert Rukavina Wolf Dawkins Johnson, V. Molnau Sarna Worke Dehler Kahn Mulder Schumacher Workman Delmont Kalis Munger Seagren Dempsey Kelley Ness Skoglund Dorn Kelso Olson, E. Smith Entenza Kinkel Onnen SolbergThose who voted in the negative were:
Anderson, B. Knight Lindner Sviggum Hackbarth Krinkie Olson, M.The bill was passed, as amended, and its title agreed to.
H. F. No. 2218, A bill for an act relating to state government; modifying performance report requirements; requiring that interagency bills be paid promptly; prohibiting state agencies from undertaking capital improvements without legislative authority; conforming certain leased space requirements to existing law; requiring that state agencies comply with certain information policy office requirements regarding information systems equipment and data collection; modifying revolving fund authority; increasing resource recovery goals; modifying collection requirements; amending Minnesota Statutes 1994, sections 16A.055, subdivision 1; 16A.124, subdivision 7, and by adding a subdivision; 16B.30; 16B.31, subdivision 6; 16B.41, by adding a subdivision; 16B.48, subdivision 2; and 115A.151; Minnesota Statutes 1995 Supplement, sections 15.91, subdivision 2; and 115A.15, subdivision 9.
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 128 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knight Olson, M. Solberg Anderson, B. Farrell Knoblach Onnen Stanek Anderson, R. Finseth Koppendrayer Opatz Sviggum Bakk Garcia Kraus Orenstein Swenson, D. Bertram Girard Krinkie Orfield Swenson, H. Bettermann Goodno Larsen Osskopp Sykora Bishop Greenfield Leighton Osthoff Tomassoni Boudreau Greiling Leppik Ostrom Tompkins Bradley Gunther Lieder Otremba Trimble Broecker Haas Lindner Ozment Tuma Brown Hackbarth Long Paulsen Tunheim Carlson, L. Harder Lourey Pawlenty Van Dellen Carlson, S. Hasskamp Luther Pelowski Van Engen Carruthers Hausman Lynch Perlt Vickerman Clark Holsten Mahon Peterson Wagenius Commers Huntley Mares Pugh Warkentin Cooper Jaros Mariani Rest Weaver Daggett Jefferson Marko Rhodes Wejcman Dauner Johnson, A. McElroy Rice Wenzel Davids Johnson, R. McGuire Rostberg WinterThose who voted in the negative were:
JOURNAL OF THE HOUSE - 89th Day - Top of Page 7872
Dawkins Johnson, V. Milbert Rukavina Wolf Dehler Kahn Molnau Sarna Worke Delmont Kalis Mulder Schumacher Workman Dempsey Kelley Munger Seagren Sp.Anderson,I Dorn Kelso Ness Skoglund Entenza Kinkel Olson, E. Smith
McCollum PellowThe bill was passed and its title agreed to.
H. F. No. 3013, A bill for an act relating to the environment; modifying provisions relating to the environmental improvement pilot program; providing penalties; amending Minnesota Statutes 1995 Supplement, section 115B.03, subdivision 9; Laws 1995, chapter 168, sections 9, subdivisions 3, 4, and 7; 13, subdivisions 1, 2, 3, and by adding a subdivision; and 19; repealing Laws 1995, chapter 168, section 11.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Opatz Sviggum Anderson, B. Finseth Koppendrayer Orenstein Swenson, D. Anderson, R. Garcia Kraus Orfield Swenson, H. Bakk Girard Krinkie Osskopp Sykora Bertram Goodno Larsen Osthoff Tomassoni Bettermann Greenfield Leighton Ostrom Tompkins Bishop Greiling Leppik Otremba Trimble Boudreau Gunther Lieder Ozment Tuma Bradley Haas Lindner Paulsen Tunheim Broecker Hackbarth Long Pawlenty Van Dellen Brown Harder Lourey Pellow Van Engen Carlson, L. Hasskamp Luther Pelowski Vickerman Carlson, S. Hausman Lynch Perlt Wagenius Carruthers Holsten Mahon Peterson Warkentin Clark Huntley Mares Pugh Weaver Commers Jaros Mariani Rest Wejcman Cooper Jefferson Marko Rhodes Wenzel Daggett Jennings McElroy Rice Winter Dauner Johnson, A. McGuire Rostberg Wolf Davids Johnson, R. Milbert Rukavina Worke Dawkins Johnson, V. Molnau Sarna Workman Dehler Kahn Mulder Schumacher Sp.Anderson,I Delmont Kalis Munger Seagren Dempsey Kelley Ness Skoglund Dorn Kelso Olson, E. Smith Entenza Kinkel Olson, M. Solberg Erhardt Knight Onnen StanekThe bill was passed and its title agreed to.
S. F. No. 1996 was reported to the House.
Dawkins moved to amend S. F. No. 1996 as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 518.175, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such rights of visitation on behalf of the child and noncustodial parent as will
enable the child and the noncustodial parent to maintain a child to parent relationship that will be in the best interests of the child. If the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict visitation by the noncustodial parent as to time, place, duration, or supervision and may deny visitation entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the noncustodial parent prior to the commencement of the proceeding. A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of visitation.
(b) Upon the request of either party, a visitation order must include a specific schedule for visitation, including the frequency and duration of visitation and visitation during holidays and vacations.
Sec. 2. Minnesota Statutes 1994, section 518.175, subdivision 6, is amended to read:
Subd. 6. [COMPENSATORY VISITATION.] (a) If the court finds that a person has been wrongfully deprived of the duly established right to visitation, the court shall order the custodial parent to permit additional visits to compensate for the visitation of which the person was deprived. Additional visits must be:
(1) of the same type and duration as the wrongfully denied visit;
(2) taken within one year after the wrongfully denied visit; and
(3) at a time acceptable to the person deprived of visitation.
(b) Upon filing a motion for compensatory visitation under paragraph (a), a party may request the court administrator to refer the matter to a visitation expeditor under section 518.1751, subdivision 3. To assist a party in making the request, the administrator shall provide a uniform form, including a brief description of the process in section 518.1751, subdivision 3. The court administrator shall inform every party who files a motion under paragraph (a) of the option to proceed under section 518.1751, subdivision 3. A party who chooses to proceed under section 518.1751, subdivision 3, continues to have a motion pending under paragraph (a) and the administrator shall schedule the motion under current practice.
(c) If a party has a valid visitation order on file with the court and has reason to believe that a future scheduled visit will be denied, the party may request the court administrator to refer the matter to a visitation expeditor under section 518.1751, subdivision 3, without filing a motion under paragraph (a).
(d) If a party is wrongfully denied compensatory visitation awarded in an order entered under paragraph (a), the party may present a copy of the order to a law enforcement agency. The law enforcement agency shall ensure that the child is delivered to the parent entitled to compensatory visitation, and may, if necessary, take the child into custody.
Sec. 3. Minnesota Statutes 1994, section 518.1751, subdivision 1, is amended to read:
Subdivision 1. [VISITATION EXPEDITOR.] (a) Upon agreement of all parties, or pursuant to section 518.175, subdivision 6, paragraph (b) or (c), the court may appoint a visitation expeditor to resolve visitation disputes that occur under a visitation order while a matter is pending under this chapter, chapter 257 or 518A, or after a decree is entered. Prior to appointing the visitation expeditor, the court shall give the parties notice that the costs of the visitation expeditor will be apportioned among the parties and that if the parties do not reach an agreement, the visitation expeditor will make a nonbinding decision resolving the dispute, except that a visitation expeditor's decision made under subdivision 3c is binding on the parties unless vacated or modified by the court.
(b) For purposes of this section, "visitation dispute" means a disagreement among parties about visitation with a child. "Visitation dispute" includes a claim by a custodial parent that a noncustodial parent is not visiting a child as well as a claim by a noncustodial parent that a custodial parent is denying or interfering with visitation.
Sec. 4. Minnesota Statutes 1994, section 518.1751, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT; COSTS.] The court shall appoint the visitation expeditor. If the parties cannot agree on a visitation expeditor, the court shall present a list of candidates with one more candidate than there are parties to the dispute. In developing the list of candidates, the court must give preference to persons who agree to volunteer their services. Each party shall strike one name and the court shall appoint the remaining individual as the visitation
expeditor. In its order appointing the visitation expeditor, the court shall apportion the costs of the visitation expeditor among the parties, with each party bearing the portion of costs that the court determines is just and equitable under the circumstances; except that a party who is proceeding under section 518.175, subdivision 6, paragraph (b), and qualifies for waiver of fees under section 563.01 is not required to pay for the costs of the visitation expeditor.
Sec. 5. Minnesota Statutes 1994, section 518.1751, subdivision 3, is amended to read:
Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation dispute arises, the visitation expeditor shall meet with the parties within five days and make a diligent effort to facilitate an agreement to resolve the visitation dispute. If the parties are before the visitation expeditor under section 518.175, subdivision 6, paragraph (b), and an agreement is reached, it must be put in writing, served on the parties by the visitation expeditor, and an affidavit of service must be filed with the court.
(b) If the parties do not reach an agreement, the expeditor shall make a decision resolving the dispute as soon as possible. If a party does not comply with an agreement of the parties or a decision of the expeditor, any party may bring a motion with the court to resolve the dispute. The court may consider the agreement of the parties or the decision of the expeditor, but neither is binding on the court.
(c) If the parties are before the visitation expeditor under section 518.175, subdivision 6, paragraph (b), the expeditor shall make a decision resolving the compensatory visitation motion as soon as possible but not later than five calendar days after the final meeting with the parties. If the expeditor decides to award compensatory visitation, the expeditor's decision must include a finding that visitation was wrongfully denied. The written decision must be served on the parties by the court or the visitation expeditor and an affidavit of service must be filed with the court. If a compensatory visitation motion requires immediate resolution, the expeditor may confer with the parties through a telephone conference or similar means. If a party does not comply with an agreement of the parties or a decision of the expeditor, the motion under section 518.175, subdivision 6, must remain on the court's calendar for resolution. The motion must not be removed from the court's calendar without the written request of each party. A party is not required to exhaust the expeditor remedy before having a calendared motion heard by the court. The court may consider the agreement of the parties or the decision of the expeditor, but neither is binding on the court. Upon request of the court, the expeditor shall prepare an affidavit for the court that summarizes the expeditor's findings and reasons for the expeditor's decision and shall provide a copy to the parties at least five days prior to the hearing. A proceeding under this paragraph is limited to the award of compensatory visitation times. The existing visitation order must not be modified under this paragraph.
(d) An expeditor may conduct a proceeding without the presence of a party if the party chooses not to participate in the proceeding.
Sec. 6. Minnesota Statutes 1994, section 518.1751, is amended by adding a subdivision to read:
Subd. 5. [ENFORCEMENT OF COMPENSATORY AGREEMENT.] If a party who is proceeding under this section pursuant to section 518.175, subdivision 6, paragraph (b), is wrongly denied compensatory visitation granted in a written agreement or written decision under this section, the party may present a copy of the agreement or decision and a copy of the affidavit of service under subdivision 3 to a law enforcement agency. The law enforcement agency shall ensure that the child is delivered to the parent entitled to compensatory visitation and may, if necessary, take the child into custody.
Sec. 7. Minnesota Statutes 1994, section 518.1751, is amended by adding a subdivision to read:
Subd. 6. [IMMUNITY.] A visitation expeditor is immune from civil or criminal liability for actions taken under subdivision 3, paragraphs (a) and (c), when acting under section 518.175, subdivision 6, paragraph (b).
Sec. 8. [VISITATION EXPEDITOR FORM.]
The state court administrator shall prepare and make available to all court administrators a uniform form to be used by parties who seek the assistance of a visitation expeditor under Minnesota Statutes, section 518.1751, subdivision 3.
Section 1. Minnesota Statutes 1995 Supplement, section 518.5512, is amended by adding a subdivision to read:
Subd. 4. [TERMINATION OF INTEREST.] The public authority or a party bringing a motion under section 548.091, subdivision 1a, may proceed immediately to a contested administrative proceeding under section 518.5511, subdivision 4.
Sec. 2. Minnesota Statutes 1994, section 548.091, subdivision 1a, is amended to read:
Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] (a) Any payment or installment of support required by a judgment or decree of dissolution or legal separation, determination of parentage, an order under chapter 518C, an order under section 256.87, or an order under section 260.251, that is not paid or withheld from the obligor's income as required under section 518.611 or 518.613, is a judgment by operation of law on and after the date it is due and is entitled to full faith and credit in this state and any other state. Except as otherwise provided by paragraph (b), interest accrues from the date the unpaid amount due is greater than the current support due at the annual rate provided in section 549.09, subdivision 1, plus two percent, not to exceed an annual rate of 18 percent. A payment or installment of support that becomes a judgment by operation of law between the date on which a party served notice of a motion for modification under section 518.64, subdivision 2, and the date of the court's order on modification may be modified under that subdivision.
(b) Notwithstanding the provisions of section 549.09, upon motion to the court and upon proof by the obligor of 36 consecutive months of complete and timely payments of both current support and court-ordered paybacks of a child support debt or arrearage, the court may order interest on the remaining debt or arrearage to stop accruing. Timely payments are those made in the month in which they are due. If, thereafter, the obligor fails to make complete and timely payments of both current support and court-ordered paybacks of child support debt or arrearage, the public authority or the obligee may move the court for the reinstatement of interest as of the month in which the obligor ceased making complete and timely payments.
The court shall provide copies of all orders issued under this section to the public authority. The commissioner of human services shall prepare and make available to the court and the parties forms to be submitted by the parties in support of a motion under this section."
Delete the title and insert:
"A bill for an act relating to family law; changing procedures and requirements concerning visitation and interest on child support debts or arrearages; amending Minnesota Statutes 1994, sections 518.175, subdivisions 1 and 6; 518.1751, subdivisions 1, 2, 3, and by adding subdivisions; and 548.091, subdivision 1a; Minnesota Statutes 1995 Supplement, section 518.5512, by adding a subdivision."
The motion prevailed and the amendment was adopted.
Van Engen offered an amendment to S. F. No. 1996, as amended.
Skoglund raised a point of order pursuant to rule 3.09 that the Van Engen amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Van Engen appealed the decision of the Chair.
A roll call was requested and properly seconded.
Carruthers moved to lay the Van Engen appeal of the decision of the Chair on the table.
A roll call was requested and properly seconded.
The question was taken on the Carruthers procedural motion and the roll was called. There were 68 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Kelso Olson, E. Sarna Bakk Greenfield Kinkel Opatz Schumacher Bertram Greiling Leighton Orenstein Skoglund Brown Hasskamp Lieder Orfield Solberg Carlson, L. Hausman Long Osthoff Tomassoni Carruthers Huntley Lourey Ostrom Trimble Clark Jaros Luther Otremba TunheimThose who voted in the negative were:
JOURNAL OF THE HOUSE - 89th Day - Top of Page 7876
Cooper Jefferson Mahon Pelowski Wagenius Dauner Jennings Mariani Perlt Wejcman Dawkins Johnson, A. Marko Peterson Wenzel Delmont Johnson, R. McCollum Pugh Winter Dorn Kahn McGuire Rest Sp.Anderson,I Entenza Kalis Milbert Rice Farrell Kelley Munger Rukavina
Abrams Erhardt Kraus Osskopp Sykora Anderson, B. Finseth Krinkie Ozment Tompkins Bettermann Girard Larsen Paulsen Tuma Bishop Goodno Leppik Pawlenty Van Dellen Boudreau Gunther Lindner Pellow Van Engen Bradley Haas Lynch Rhodes Vickerman Broecker Hackbarth Mares Rostberg Warkentin Carlson, S. Harder McElroy Seagren Weaver Commers Holsten Molnau Smith Wolf Daggett Johnson, V. Mulder Stanek Worke Davids Knight Ness Sviggum Workman Dehler Knoblach Olson, M. Swenson, D. Dempsey Koppendrayer Onnen Swenson, H.The motion prevailed and the appeal of the decision of the Chair was laid on the table.
Sviggum moved that the appeal of the decision of the Chair be taken from the table. The motion did not prevail.
Pawlenty moved to amend S. F. No. 1996, as amended, as follows:
Page 6, after line 8, insert:
"Sec. 8. Minnesota Statutes 1995 Supplement, section 518.18, is amended to read:
518.18 [MODIFICATION OF ORDER.]
(a) Unless agreed to in writing by the parties, no motion to modify a custody order may be made earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody, except in accordance with paragraph (c).
(b) If a motion for modification has been heard, whether or not it was granted, unless agreed to in writing by the parties no subsequent motion may be filed within two years after disposition of the prior motion on its merits, except in accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a motion to modify a custody order if the court finds that there is persistent and willful denial or interference with visitation, or has reason to believe that the child's present environment may endanger the child's physical or emotional health or impair the child's emotional development.
(d) If the court has jurisdiction to determine child custody matters, the court shall not modify a prior custody order unless it finds, upon the basis of facts, including unwarranted denial of, or interference with, a duly established visitation schedule, that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child. In evaluating the best interests of the child, the court shall consider the factors in section 518.17, subdivision 1, including the reasonable preference of the child, if the court considers the child to be of sufficient age and maturity to express a meaningful preference. In applying these standards the court shall retain the custody arrangement established by the prior order unless:
(i) both parties agree to the modification;
(ii) the child has been integrated into the family of the petitioner with the consent of the other party; or
(iii) the child's present environment endangers the child's physical or emotional health or impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.
In addition, a court may modify a custody order under section 631.52.
(e) In deciding whether to modify a prior joint custody order, the court shall apply the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the application of a different standard, or (2) the party seeking the modification is asking the court for permission to move the residence of the child to another state.
(f) If a custodial parent has been granted sole physical custody of a minor and the child subsequently lives with the noncustodial parent, and temporary sole physical custody has been approved by the court or by a court-appointed referee, the court may suspend the noncustodial parent's child support obligation pending the final custody determination. The court's order denying the suspension of child support must include a written explanation of the reasons why continuation of the child support obligation would be in the best interests of the child."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1996, A bill for an act relating to family law; requiring specificity in visitation orders; modifying provisions for visitation expeditors; providing for the establishment of mandatory visitation dispute resolution programs; imposing penalties; amending Minnesota Statutes 1994, sections 518.175, subdivision 1; and 518.1751.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Onnen Stanek Anderson, B. Finseth Koppendrayer Opatz Sviggum Anderson, R. Garcia Kraus Orenstein Swenson, D. Bakk Girard Krinkie Orfield Swenson, H. Bertram Goodno Larsen Osskopp Sykora Bettermann Greenfield Leighton Osthoff Tomassoni Bishop Greiling Leppik Ostrom Tompkins Boudreau Gunther Lieder Otremba Trimble Bradley Haas Lindner Ozment Tuma Broecker Hackbarth Long Paulsen Tunheim Brown Harder Lourey Pawlenty Van Dellen Carlson, L. Hasskamp Luther Pellow Van Engen Carlson, S. Hausman Lynch 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, R. McGuire Rostberg Wolf Dawkins Johnson, V. Milbert Rukavina Worke Dehler Kahn Molnau Sarna Workman Delmont Kalis Mulder Schumacher Sp.Anderson,I Dempsey Kelley Munger Seagren Dorn Kelso Ness Skoglund Entenza Kinkel Olson, E. Smith Erhardt Knight Olson, M. SolbergThe bill was passed, as amended, and its title agreed to.
H. F. No. 2171 was reported to the House.
Ozment and Farrell moved to amend H. F. No. 2171, the second engrossment, as follows:
Page 3, after line 21, insert:
"Sec. 5. Minnesota Statutes 1995 Supplement, section 116.02, is amended by adding a subdivision to read:
Subd. 10. The agency must not reopen, rescind, or reverse a decision of the agency except upon the affirmative vote of two-thirds of the agency or a finding that there was an irregularity in a hearing related to the decision, an error of law, or a newly discovered material issue of fact. This subdivision does not apply to a final decision of the agency after a contested case hearing."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kinkel moved to amend H. F. No. 2171, the second engrossment, as amended, as follows:
Page 2, line 11, before the semicolon insert "and the agency requests that it make the decision under subdivision 8"
The motion prevailed and the amendment was adopted.
H. F. No. 2171, A bill for an act relating to state government; clarifying powers of the pollution control agency board and commissioner; amending Minnesota Statutes 1994, sections 116.03, as amended; and 514.673, subdivision 3; Minnesota Statutes 1995 Supplement, section 116.02, by adding subdivisions.
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 116 yeas and 14 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Opatz Sviggum Anderson, R. Finseth Kraus Orenstein Swenson, D. Bakk Garcia Larsen Orfield Swenson, H. Bertram Girard Leighton Osskopp Sykora Bettermann Goodno Leppik Osthoff Tomassoni Bishop Greenfield Lieder Ostrom Tompkins Bradley Greiling Lindner Otremba Trimble Broecker Gunther Long Ozment Tuma Brown Haas Lourey Paulsen Tunheim Carlson, L. Harder Luther Pawlenty Van Dellen Carlson, S. Hasskamp Lynch Pellow Van Engen Carruthers Hausman Mahon Pelowski Vickerman Clark Huntley Mares Perlt Wagenius Commers Jaros Mariani Peterson Warkentin Cooper Jefferson Marko Pugh Weaver Daggett Jennings McCollum Rest Wejcman Dauner Johnson, A. McElroy Rhodes Wenzel Dawkins Johnson, R. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Worke Delmont Kalis Molnau Schumacher Sp.Anderson,I Dempsey Kelley Mulder Skoglund Dorn Kelso Munger Smith Entenza Kinkel Ness Solberg Erhardt Knoblach Olson, E. StanekThose who voted in the negative were:
JOURNAL OF THE HOUSE - 89th Day - Top of Page 7879
Anderson, B. Hackbarth Knight Onnen Wolf Boudreau Holsten Krinkie Sarna Workman Davids Johnson, V. Olson, M. SeagrenThe bill was passed, as amended, 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:
H. F. Nos. 1303, 2930, 2496, 2845, 2816 and 1800; S. F. No. 1872; and H. F. No. 2565.
H. F. No. 1303 was reported to the House.
Mariani moved to amend H. F. No. 1303, the first engrossment, as follows:
Page 2, line 12, delete "and the attorney general"
Page 2, line 13, delete "and" and insert "in consultation with"
The motion prevailed and the amendment was adopted.
Anderson, B., offered an amendment to H. F. No. 1303, the first engrossment, as amended.
Mariani raised a point of order pursuant to rule 3.09 that the Anderson, B., amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
The Speaker called Kahn to the Chair.
Anderson, B., and Olson, M., offered an amendment to H. F. No. 1303, the first engrossment, as amended.
Long raised a point of order pursuant to rule 3.09 that the Anderson, B., and Olson, M., amendment was not in order. Speaker pro tempore Kahn ruled the point of order well taken and the amendment out of order.
Sviggum 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. There were 66 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Kelso Opatz Schumacher Bakk Greenfield Kinkel Orenstein Skoglund Bertram Greiling Leighton Orfield Solberg Brown Hasskamp Lieder Osthoff Tomassoni Carlson, L. Hausman Long Ostrom Trimble Carruthers Huntley Lourey Otremba Tunheim Clark Jaros Luther Pelowski Wejcman Cooper Jefferson Mahon Perlt Wenzel Dauner Jennings Mariani Peterson Winter Dawkins Johnson, A. Marko Pugh Sp.Anderson,I Delmont Johnson, R. McGuire Rest Dorn Kahn Milbert Rice Entenza Kalis Munger Rukavina Farrell Kelley Olson, E. SarnaThose who voted in the negative were:
Abrams Erhardt Kraus Onnen Swenson, H. Anderson, B. Finseth Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Gunther Lindner Pawlenty Van Dellen Bradley Haas Lynch Pellow Van Engen Broecker Hackbarth Macklin Rhodes Vickerman Carlson, S. Harder Mares Rostberg Warkentin Commers Holsten McElroy Seagren Weaver Daggett Johnson, V. Molnau Smith Wolf Davids Knight Mulder Stanek Worke Dehler Knoblach Ness Sviggum Workman Dempsey Koppendrayer Olson, M. Swenson, D.So it was the judgment of the House that the decision of the Speaker should stand.
Sykora was excused for the remainder of today's session.
Olson, M., moved to amend H. F. No. 1303, the first engrossment, as amended, as follows:
Page 2, after line 10, insert:
"The plan submitted must not have the effect of creating a dependency on these services or of interfering with any program for the study of English as a second language."
A roll call was requested and properly seconded.
The question was taken on the Olson, M., amendment and the roll was called. There were 64 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Koppendrayer Ness Sviggum Anderson, B. Finseth Kraus Olson, E. Swenson, D. Bettermann Girard Krinkie Olson, M. Swenson, H. Bishop Goodno Larsen Onnen Tompkins Boudreau Gunther Leppik Osskopp Tuma Bradley Haas Lieder Ozment Van Dellen Broecker Hackbarth Lindner Paulsen Van Engen Carlson, S. Harder Lynch Pawlenty Vickerman Commers Holsten Macklin Pellow Warkentin Daggett Jaros Mares Rostberg Weaver Davids Johnson, V. McElroy Seagren Worke Dehler Knight Molnau Smith Workman Dempsey Knoblach Mulder StanekThose who voted in the negative were:
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Anderson, R. Garcia Leighton Osthoff Solberg Bakk Greenfield Long Ostrom Tomassoni Bertram Greiling Lourey Otremba Trimble Brown Hausman Luther Pelowski Tunheim Carlson, L. Huntley Mahon Perlt Wagenius Carruthers Jefferson Mariani Peterson Wejcman Clark Jennings Marko Pugh Wenzel Cooper Johnson, A. McCollum Rest Winter Dauner Johnson, R. McGuire Rhodes Wolf Dawkins Kahn Milbert Rice Sp.Anderson,I Delmont Kalis Munger Rukavina Dorn Kelley Opatz Sarna Entenza Kelso Orenstein Schumacher Farrell Kinkel Orfield SkoglundThe motion did not prevail and the amendment was not adopted.
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, M. Stanek Anderson, B. Finseth Koppendrayer Onnen Sviggum Anderson, R. Garcia Kraus Opatz Swenson, D. Bakk Girard Krinkie Orenstein Swenson, H. Bertram Goodno Larsen Orfield Tomassoni Bettermann Greenfield Leighton Osskopp Tompkins Bishop Greiling Leppik Osthoff Trimble Boudreau Gunther Lieder Ostrom Tuma Bradley Haas Lindner Otremba Tunheim Broecker Hackbarth Long Ozment Van Dellen Brown Harder Lourey Paulsen Van Engen Carlson, L. Hasskamp Luther Pawlenty Vickerman Carlson, S. Hausman Lynch Pellow Wagenius Carruthers Holsten Macklin Pelowski Warkentin Clark Huntley Mahon Perlt Weaver Commers Jaros Mares Peterson Wejcman Cooper Jefferson Mariani Pugh Wenzel Daggett Jennings Marko Rest Winter Dauner Johnson, A. McCollum Rhodes Wolf Davids Johnson, R. McElroy Rice Worke Dawkins Johnson, V. McGuire Rostberg Workman Dehler Kahn Milbert Sarna Sp.Anderson,I Delmont Kalis Molnau Schumacher Dempsey Kelley Mulder Seagren Dorn Kelso Munger Skoglund Entenza Kinkel Ness Smith Erhardt Knight Olson, E. SolbergCarruthers 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.
H. F. No. 1303, A bill for an act relating to bilingual communication services; requiring state agencies to appoint persons to serve as liaisons with non-English-speaking people served by the agencies; directing agencies to prepare communication services plans; requiring the attorney general and the commissioner of administration to review and comment on the plans.
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 90 yeas and 39 nays as follows:
Those who voted in the affirmative were:
Abrams Goodno Koppendrayer Opatz Solberg Anderson, R. Greenfield Larsen Orenstein Swenson, D.Those who voted in the negative were:
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Bakk Greiling Leighton Orfield Swenson, H. Bertram Gunther Leppik Osthoff Tomassoni Brown Hasskamp Lieder Ostrom Trimble Carlson, L. Hausman Long Otremba Tuma Carruthers Huntley Lourey Ozment Tunheim Clark Jaros Luther Pelowski Van Engen Cooper Jefferson Lynch Perlt Vickerman Dauner Jennings Mahon Peterson Wagenius Dawkins Johnson, A. Mariani Pugh Wejcman Dehler Johnson, R. Marko Rest Wenzel Delmont Johnson, V. McCollum Rhodes Winter Dempsey Kahn McElroy Rice Sp.Anderson,I Dorn Kalis McGuire Rostberg Entenza Kelley Milbert Sarna Farrell Kelso Munger Schumacher Finseth Kinkel Ness Seagren Garcia Knoblach Olson, E. Skoglund
Anderson, B. Davids Kraus Onnen Tompkins Bettermann Erhardt Krinkie Osskopp Van Dellen Boudreau Girard Lindner Paulsen Warkentin Bradley Haas Macklin Pawlenty Weaver Broecker Hackbarth Mares Pellow Wolf Carlson, S. Harder Molnau Smith Worke Commers Holsten Mulder Stanek Workman Daggett Knight Olson, M. SviggumThe bill was passed, as amended, and its title agreed to.
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.
Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2156:
Johnson, A.; Carlson, L.; Entenza; Bertram and Ness.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2818:
Greenfield; Anderson, R.; Huntley; Onnen and Boudreau.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2857:
Rukavina, Kahn, Jefferson, Osskopp and Knoblach.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2012:
Kalis, Dorn and Gunther.
Hasskamp moved that her name be stricken as an author on H. F. No. 3118. The motion prevailed.
Hasskamp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, February 29, 1996, when the vote was taken on the Johnson, A., amendment to H. F. No. 2205, the first engrossment." The motion prevailed.
Mulder moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, February 29, 1996, when the vote was taken on the Johnson, A., amendment to H. F. No. 2205, the first engrossment." The motion prevailed.
Dehler moved that H. F. No. 878 be returned to its author. The motion prevailed.
Carruthers moved that when the House adjourns today it adjourn until 1:00 p.m., Wednesday, March 6, 1996. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 1:00 p.m., Wednesday, March 6, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
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