Saint Paul, Minnesota, Wednesday, March 15, 1995
The House of Representatives convened at 12:30 p.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Representative Kris Hasskamp, District
12A, Crosby, Minnesota.
The roll was called and the following members were present:
Greenfield and Hausman were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Mares 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 Kraus Onnen Solberg
Anderson, B. Frerichs Krinkie Opatz Stanek
Anderson, R. Garcia Larsen Orenstein Sviggum
Bakk Girard Leighton Orfield Swenson, D.
Bertram Goodno Leppik Osskopp Swenson, H.
Bettermann Greiling Lieder Osthoff Sykora
Bishop Haas Lindner Ostrom Tomassoni
Boudreau Hackbarth Long Otremba Tompkins
Bradley Harder Lourey Ozment Trimble
Broecker Hasskamp Luther Paulsen Tuma
Brown Holsten Lynch Pawlenty Tunheim
Carlson Hugoson Macklin Pellow Van Dellen
Carruthers Huntley Mahon Pelowski Van Engen
Clark Jaros Mares Perlt Vickerman
Commers Jefferson Mariani Peterson Wagenius
Cooper Jennings Marko Pugh Weaver
Daggett Johnson, A. McCollum Rest Wejcman
Dauner Johnson, R. McElroy Rhodes Wenzel
Davids Johnson, V. McGuire Rice Winter
Dawkins Kahn Milbert Rostberg Wolf
Dehler Kalis Molnau Rukavina Worke
Delmont Kelley Mulder Sarna Workman
Dempsey Kelso Munger Schumacher Sp.Anderson,I
Dorn Kinkel Murphy Seagren
Entenza Knight Ness Simoneau
Erhardt Knoblach Olson, E. Skoglund
Farrell Koppendrayer Olson, M. Smith
A quorum was present.
S. F. No. 145 and H. F. No. 153, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Tompkins moved that S. F. No. 145 be substituted for H. F. No. 153 and that the House File be indefinitely postponed. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
March 10, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 164, relating to utilities; regulating area development rate plans.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Act of the 1995 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
164 9 2:31 p.m. March 10 March 10
Sincerely,
Joan Anderson Growe
Secretary of State
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 129, A bill for an act relating to government data practices; medical examiner data; allowing sharing of such data with a state or federal agency charged with investigating a death; amending Minnesota Statutes 1994, section 13.83, subdivision 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 13.83, subdivision 4, is amended to read:
Subd. 4. [INVESTIGATIVE DATA.] Data created or collected by a
county coroner or medical examiner which is part of an active
investigation mandated by chapter 390, or any other general or
local law relating to coroners or medical examiners is
confidential data or protected nonpublic data, until the
completion of the coroner's or medical examiner's final summary
of findings at which point but may be disclosed to a
state or federal agency charged by law with investigating
the death of the deceased individual about whom the
medical examiner or coroner has medical examiner data.
Upon completion of the coroner's or medical examiner's
final summary of findings, the data collected in the
investigation and the final summary thereof shall become
of it are private or nonpublic data, unless.
However, if the final summary and the death certificate
indicate the manner of death is homicide, undetermined, or
pending investigation and there is an active law enforcement
investigation, within the meaning of section 13.82,
subdivision 5, relating to the death of the deceased
individual. If there is an active law enforcement
investigation of a possible homicide, the data remain
confidential or protected nonpublic. However, Upon review
by the county attorney of the jurisdiction in which the law
enforcement investigation is active, the data may be released to
persons described in subdivision 8 if the county attorney
determines release would not impede the ongoing investigation.
When the law enforcement investigation becomes inactive, the data
shall become are private or nonpublic data.
Nothing in this subdivision shall be construed to make not public
the data elements identified in subdivision 2 at any point in the
investigation or thereafter.
Sec. 2. Minnesota Statutes 1994, section 13.83, subdivision 5, is amended to read:
Subd. 5. [OTHER DATA.] All other medical examiner data on deceased individuals are nonpublic and shall not be disclosed except:
(1) pursuant to the provisions of chapter 390, or any
other general or local law on county coroners or medical
examiners,;
(2) to a state or federal agency charged by law with investigating the death of the deceased individual about whom the medical examiner or coroner has medical examiner data; or
(3) pursuant to a valid court order.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective the day following final enactment."
Amend the title as follows:
Page 1, line 6, delete "subdivision" and insert "subdivisions 4 and"
With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 179, A bill for an act relating to crime prevention; expanding the sentencing to service program; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Carlson from the Committee on Education to which was referred:
H. F. No. 307, A bill for an act relating to higher education; abolishing the higher education coordinating board and transferring some of its duties; creating a higher education services office and a higher education administrators council; amending Minnesota Statutes 1994, sections 15A.081, subdivision 7b; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.10, subdivision 1; 136A.01; 136A.03; 136A.08; 136A.101, subdivisions 2 and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.62, subdivision 2; 136C.042, subdivision 1; and 298.2214, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 135A; and 136A; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.043; 136A.85; 136A.86; 136A.87; and 136A.88.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 126.663, subdivision 3, is amended to read:
Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall
develop and maintain model learner outcomes in state board
identified subject areas, including career vocational learner
outcomes. The department shall make learner outcomes available
upon request by a district. Learner outcomes shall be for pupils
in early childhood through grade 12. The department shall
consult with each of the public post-secondary systems
and with the higher education coordinating board in
developing model learner outcomes appropriate for entry into
post-secondary institutions. Learner outcomes shall include
thinking and problem solving skills.
Sec. 2. Minnesota Statutes 1994, section 126A.02, subdivision 2, is amended to read:
Subd. 2. [BOARD MEMBERS.] A 17-member 16-member
board shall advise the director. The board is made up of the
commissioners of the department of natural resources; the
pollution control agency; the department of agriculture; the
department of education; the director of the office of strategic
and long-range planning; the chair of the board of water and soil
resources; the executive director of the higher
education coordinating board; the executive secretary
of the board of teaching; the director of the extension service;
and eight citizen members representing diverse interests
appointed by the governor. The governor shall appoint one
citizen member from each congressional district. The citizen
members are subject to section 15.0575. Two of the citizen
members appointed by the governor must be licensed teachers
currently teaching in the K-12 system. The governor shall
annually designate a member to serve as chair for the next
year.
Sec. 3. [135A.047] [HIGHER EDUCATION ADMINISTRATORS COUNCIL.]
Subdivision 1. [ESTABLISHED.] A higher education administrators council is established. The council is composed of the president of the University of Minnesota, the provost of the Twin Cities campus, and the chancellor of a coordinate University of Minnesota campus selected by the other chancellors; the chancellor of the higher education board, and the president of a state university, the president of a community college, and the president of a technical college, each selected by their respective group of presidents; the president of the private college council; and a representative from the Minnesota association of private post-secondary schools. The commissioner of education and the commissioner of finance shall serve as ex officio, nonvoting members.
Subd. 2. [DUTIES.] The higher education administrators council shall:
(1) provide information and assistance to high schools and other organizations to help students prepare and plan for college;
(2) enter into reciprocity agreements with neighboring states and provinces, as provided in section 136A.08;
(3) appoint, in conjunction with the student advisory council as provided in section 136A.031, subdivision 2, the director of the higher education services office, as provided in section 136A.01;
(4) consult with the student advisory council, established in section 136A.011, whenever necessary but at least quarterly; and
(5) communicate with and make recommendations to the governor and the legislature regarding issues and needs in higher education, except that the higher education services office shall report on financial aid.
Sec. 4. Minnesota Statutes 1994, section 135A.12, subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to the
higher education coordinating board, each public
post-secondary governing board, and each public
post-secondary institution, and each school board that
operates a technical college.
Sec. 5. Minnesota Statutes 1994, section 135A.15, subdivision 1, is amended to read:
Subdivision 1. [POLICY REQUIRED.] The governing board of each
public technical college, community college, or state university
shall, and the University of Minnesota is requested to, adopt a
clear, understandable written policy on sexual harassment and
sexual violence that informs victims of their rights under the
crime victims bill of rights, including the right to assistance
from the crime victims reparations board and the office of the
crime victim ombudsman. The policy must apply to students and
employees and must provide information about their rights and
duties. The policy must apply to criminal incidents occurring on
property owned by the post-secondary system or institution in
which the victim is a student or employee of that system or
institution. It must include procedures for reporting incidents
of sexual harassment or sexual violence and for disciplinary
actions against violators. During student registration, each
technical college, community college, or state university shall,
and the University of Minnesota is requested to, provide each
student with information regarding its policy. A copy of the
policy also shall be posted at appropriate locations on campus at
all times. Each private post-secondary institution that enrolls
students who receive state financial aid must adopt a policy that
meets the requirements of this section. The higher education
coordinating board shall coordinate the policy development
of the systems and institutions and periodically provide
for review and necessary changes in the policies.
Sec. 6. Minnesota Statutes 1994, section 135A.153, subdivision 1, is amended to read:
Subdivision 1. [CREATION AND DESIGNATION.] The higher
education center on violence and abuse is created. The higher
education center on violence and abuse shall be located at and
managed by a public or private post-secondary institution in
Minnesota. The higher education coordinating board
shall designate the location of the center following
review of proposals from potential higher education
sponsors.
Sec. 7. Minnesota Statutes 1994, section 136A.01, is amended to read:
136A.01 [HIGHER EDUCATION SERVICES OFFICE.]
Subdivision 1. [CREATION.] A coordinating board
An office for higher education in the state of Minnesota,
to be known as the Minnesota higher education coordinating
board services office or HESO, is hereby
created.
Subd. 2. [RESPONSIBILITIES.] The higher education services office is responsible for:
(1) necessary state level administration of financial aid programs, including accounting, auditing, and disbursing state and federal financial aid funds, and reporting on financial aid programs to the governor and the legislature;
(2) approval, registration, licensing, and financial aid eligibility of private collegiate and career schools, under sections 136A.61 to 136A.71 and chapter 141;
(3) administering the telecommunications council under Laws 1993, First Special Session chapter 2, article 5, section 2, and the Learning Network of Minnesota;
(4) negotiating and administering reciprocity under the direction of the higher education administrators council;
(5) publishing and distributing financial aid information and materials;
(6) collecting and maintaining student enrollment and financial aid data; and
(7) prescribing policies, procedures, and rules under chapter 14 necessary to administer the programs under its supervision.
Sec. 8. Minnesota Statutes 1994, section 136A.03, is amended to read:
136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.]
The higher education coordinating board may appoint
an executive secretary or director as its principal
executive officer, and such other officers and employees
as it may deem necessary to carry out its duties. The
executive secretary or director of the higher education
services office shall possess such the powers
and perform such the duties as are delegated
prescribed by the board higher education
administrators council and shall serve in the unclassified
service of the state civil service. The salary of the
executive director shall be established pursuant
by the higher education administrators council
according to section 15A.081, subdivision 1. The
executive director shall be a person qualified by training
and ability or experience in the field of
higher education or in educational financial aid
administration. The board director may also
appoint other officers and professional employees who
shall serve in the unclassified service of the state civil
service and fix the salaries thereof which shall be
commensurate with salaries in the classified service.
All other employees shall be in the classified civil service.
An officer or professional employee in the unclassified service
as provided in this section is a person who has studied higher
education or a related field at the graduate level or has similar
experience and who is qualified for a career financial
aid and other aspects in some aspect of higher education
and for activities in keeping with the planning and
administrative responsibilities of the board office
and who is appointed to assume responsibility for administration
of educational programs or research in matters of higher
education.
Sec. 9. [136A.031] [ADVISORY GROUPS.]
Subdivision 1. [APPOINTMENT.] The director of the higher education services office may appoint advisory task forces as necessary to assist in the administration of the higher education services office responsibilities. The task forces expiration and the terms, compensation, and removal of members are as provided in section 15.059.
Subd. 2. [STUDENT ADVISORY COUNCIL.] A student advisory council to the higher education services office is established. The members of the council shall include the chair of the University of Minnesota student senate, the state chair of the Minnesota state university student association, the president of the Minnesota community college student association, the president of the Minnesota technical college student association, the president of the Minnesota association of private college students, and a student who is enrolled in a private vocational school, to be appointed by the Minnesota association of private post-secondary schools. A member may be represented by a designee. The council shall select one of its members to serve as chair.
The director of the higher education services office shall inform the student advisory council of all matters under consideration and shall refer all proposals to the council before taking action or sending the proposals to the higher education administrators council. The student advisory council shall report to the director of the higher education services office quarterly and at other times that the council considers desirable. The council shall determine its meeting times, but the council shall also meet with the director of the services office within 30 days after the director's request for a council meeting.
The advisory council shall:
(1) appoint two members to serve jointly with the higher education administrators council in selecting a director of the higher education services office;
(2) bring to the attention of the higher education services office any matter that the council believes needs the attention of the office;
(3) make recommendations to the higher education services office as the council finds appropriate;
(4) appoint student members to the higher education services office advisory groups as provided in subdivision 3; and
(5) provide any reasonable assistance to the office.
Subd. 3. [STUDENT REPRESENTATION.] If requested by the student advisory council, the director must place at least one student from an affected educational system on any group created under subdivision 1. The student member or members shall be appointed by the student advisory council.
Sec. 10. Minnesota Statutes 1994, section 136A.07, is amended to read:
136A.07 [REPORTS.]
The higher education coordinating board
administrators council shall report to the governor
and legislature concerning its activities from time to
time and may report in connection therewith to the
governing body of each institution of higher education in the
state, both public and private. It shall file a formal report
including, but not limited to, detailed financial aid
information, prepared by the higher education services
office, with the governor and the legislature not
later than October 15 of each even-numbered year so that
the information therein contained, including
recommendations, may be embodied in the governor's budget
message to the legislature. It shall also report to the
legislature not later than November 15 of each
even-numbered year.
Sec. 11. Minnesota Statutes 1994, section 136A.08, is amended to read:
136A.08 [RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT TUITION WITH OTHER STATES OR PROVINCES.]
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the terms "province" and "provincial" mean the Canadian province of Manitoba.
Subd. 2. [AUTHORIZATION.] The Minnesota higher
education coordinating board administrators
council, in consultation with the commissioner of finance and
each affected public post-secondary board, may enter into
agreements, on subjects that include remission of nonresident
tuition for designated categories of students at public
post-secondary institutions, with appropriate state or provincial
agencies and public post-secondary institutions in other states
or provinces. The agreements shall be for the purpose of the
mutual improvement of educational advantages for residents of
this state and other states or provinces with whom agreements are
made. The higher education services office shall
negotiate and administer any agreement entered into by the
council.
Subd. 3. [WISCONSIN.] A higher education reciprocity agreement
with the state of Wisconsin may include provision for the
transfer of funds between Minnesota and Wisconsin provided that
an income tax reciprocity agreement between Minnesota and
Wisconsin is in effect for the period of time included under the
higher education reciprocity agreement. If this provision is
included, the amount of funds to be transferred shall be
determined according to a formula which is mutually acceptable to
the board council and a duly designated agency
representing Wisconsin. The formula shall recognize differences
in tuition rates between the two states and the number of
students attending institutions in each state under the
agreement. Any payments to Minnesota by Wisconsin shall be
deposited by the board higher education services
office in the general fund of the state treasury. The amount
required for the payments shall be certified by the
executive director of the higher education coordinating
board services office to the commissioner of finance
annually.
Subd. 4. [NORTH DAKOTA; SOUTH DAKOTA.] A reciprocity agreement
with North Dakota may include provision for the transfer of funds
between Minnesota and North Dakota. If provision for transfer of
funds between the two states is included, the amount of funds to
be transferred shall be determined according to a formula which
is mutually acceptable to the board council and a
duly designated agency representing North Dakota. In adopting a
formula, the board council shall consider tuition
rates in the two states and the number of students attending
institutions in each state under the agreement. Any payment to
Minnesota by North Dakota shall be deposited by the board
higher education services office in the general fund. The
amount required for the payments shall be certified by the
executive director of the higher education
coordinating board services office to the commissioner
of finance annually. All provisions in this subdivision
pertaining to North Dakota shall also be applied to South Dakota,
and all authority and conditions granted for higher education
reciprocity with North Dakota are also granted for higher
education reciprocity with South Dakota.
Subd. 5. [FINANCIAL AID.] The board council may
enter into an agreement, with a state or province with which it
has negotiated a reciprocity agreement for tuition, to permit
students to receive student aid awards from the student's state
or province of residence for attending an eligible institution in
the other state or province.
Subd. 6. [APPROVAL.] An agreement made by the board
council under this section is not valid as to a particular
institution without the approval of that institution's state or
provincial governing board. A valid agreement under this
subdivision that incurs additional financial liability to the
state or to any of the Minnesota public post-secondary boards,
beyond enrollment funding adjustments, must be submitted to the
commissioner of finance and to the chairs of the higher education
finance divisions of the senate and house for review. The
agreement remains valid unless it is disapproved in law.
Sec. 12. Minnesota Statutes 1994, section 136A.101, subdivision 2, is amended to read:
Subd. 2. "Board" "Office" means the Minnesota
higher education coordinating board services
office.
Sec. 13. Minnesota Statutes 1994, section 136A.101, subdivision 3, is amended to read:
Subd. 3. "Director" means the executive director of the
Minnesota higher education coordinating board services
office.
Sec. 14. Minnesota Statutes 1994, section 136A.15, subdivision 3, is amended to read:
Subd. 3. "Board" "Office" means the Minnesota
higher education coordinating board services
office.
Sec. 15. Minnesota Statutes 1994, section 136A.15, subdivision 4, is amended to read:
Subd. 4. "Director" means the executive director of the
Minnesota higher education coordinating board services
office.
Sec. 16. Minnesota Statutes 1994, section 136A.16, subdivision 1, is amended to read:
Subdivision 1. Notwithstanding chapter 16B, the Minnesota
higher education coordinating board services office
is designated as the administrative agency for carrying out the
purposes and terms of sections 136A.15 to 136A.1702. The
board office may establish one or more loan
programs.
Sec. 17. Minnesota Statutes 1994, section 136A.233, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231 to 136A.233, the words defined in this subdivision have the meanings ascribed to them.
(a) "Eligible student" means a Minnesota resident enrolled or intending to enroll at least half time in a degree, diploma, or certificate program in a Minnesota post-secondary institution.
(b) "Minnesota resident" means a student who meets the conditions in section 136A.101, subdivision 8.
(c) "Financial need" means the need for financial assistance in
order to attend a post-secondary institution as determined by a
post-secondary institution according to guidelines established by
the higher education coordinating board services
office.
(d) "Eligible employer" means any eligible post-secondary institution and any nonprofit, nonsectarian agency or state institution located in the state of Minnesota, including state hospitals, and also includes a handicapped person or a person over 65 who employs a student to provide personal services in or about the residence of the handicapped person or the person over 65.
(e) "Eligible post-secondary institution" means any post-secondary institution eligible for participation in the Minnesota state grant program as specified in section 136A.101, subdivision 4.
(f) "Independent student" has the meaning given it in the Higher Education Act of 1965, United States Code, title 20, section 1070a-6, and applicable regulations.
(g) "Half-time" for undergraduates has the meaning given in section 136A.101, subdivision 7b, and for graduate students is defined by the institution.
Sec. 18. Minnesota Statutes 1994, section 136A.26, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota higher education
facilities authority shall consist of eight members appointed by
the governor with the advice and consent of the senate, and
the executive director of the Minnesota higher
education coordinating board. The executive director of
the coordinating board may designate a member of the
director's staff to sit in the director's place as a
member of the authority a representative of the
higher education administrators council.
All members to be appointed by the governor shall be residents of the state. At least two members must reside outside the metropolitan area as defined in section 473.121, subdivision 2. At least one of the members shall be a person having a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance; and at least one shall be a person having a favorable reputation for skill, knowledge, and experience in the building construction field; and at least one of the members shall be a trustee, director, officer, or employee of an institution of higher education.
Sec. 19. Minnesota Statutes 1994, section 136A.26, subdivision 2, is amended to read:
Subd. 2. [TERM; COMPENSATION; REMOVAL.] The membership terms,
compensation, removal of members, and filling of vacancies for
authority members other than the executive director of
the higher education coordinating board or the director's
designee representative of the higher education
administrators council, and the chief executive officer of
the private college council, shall be as provided in section
15.0575.
Sec. 20. Minnesota Statutes 1994, section 136A.42, is amended to read:
136A.42 [ANNUAL REPORT.]
The authority shall keep an accurate account of all of its
activities and all of its receipts and expenditures and shall
annually make a report thereof to the higher education
coordinating board administrators council. The
higher education coordinating board shall review and
comment upon the report and make such recommendations as
it deems necessary to the governor and the
legislature.
Sec. 21. Minnesota Statutes 1994, section 136A.62, subdivision 2, is amended to read:
Subd. 2. [BOARD OFFICE.] "Board"
"Office" means the Minnesota higher education
coordinating board services office.
Sec. 22. Minnesota Statutes 1994, section 136A.69, is amended to read:
136A.69 [FEES.]
The board may office shall collect reasonable
registration fees not to exceed $450 for an initial
registration of each school and $350 for each annual
renewal of an existing registration that are
sufficient to recover, but do not exceed, its costs of
administering the registration program.
Sec. 23. Minnesota Statutes 1994, section 141.25, subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] (a) Applications for
initial license under sections 141.21 to 141.36 shall be
accompanied by $650 as a nonrefundable application fee
established by the office that is sufficient to recover,
but not exceed, its administrative costs.
(b) All licenses shall expire one year from the date issued by
the board. Each renewal application shall be accompanied by a
nonrefundable renewal fee of $650 established by the
office that is sufficient to recover, but does not exceed,
its administrative costs.
(c) Application for renewal of license shall be made at least
30 days before the expiration of the school's current license.
Each renewal form shall be supplied by the board
office. It shall not be necessary for an applicant to
supply all information required in the initial application at the
time of renewal unless requested by the board
office.
Sec. 24. Minnesota Statutes 1994, section 144.1487, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of sections
144.1487 to 144.1492, the following definitions apply
definition applies.
(b) "Board" means the higher education coordinating
board.
(c) "Health professional shortage area" means an area
designated as such by the federal Secretary of Health and Human
Services, as provided under Code of Federal Regulations, title
42, part 5, and United States Code, title 42, section 254E.
Sec. 25. Minnesota Statutes 1994, section 144.1488, subdivision 1, is amended to read:
Subdivision 1. [DUTIES OF THE COMMISSIONER OF HEALTH.] The commissioner shall administer the state loan repayment program. The commissioner shall:
(1) ensure that federal funds are used in accordance with program requirements established by the federal National Health Services Corps;
(2) notify potentially eligible loan repayment sites about the program;
(3) develop and disseminate application materials to sites;
(4) review and rank applications using the scoring criteria approved by the federal Department of Health and Human Services as part of the Minnesota department of health's National Health Services Corps state loan repayment program application;
(5) select sites that qualify for loan repayment based upon the availability of federal and state funding;
(6) provide the higher education coordinating board with
a list of qualifying sites; and
(7) carry out other activities necessary to implement
and administer sections 144.1487 to 144.1492.
The commissioner shall enter into an interagency
agreement with the higher education coordinating board to
carry out the duties assigned to the board under sections
144.1487 to 144.1492.
(7) verify the eligibility of program participants;
(8) sign a contract with each participant that specifies the obligations of the participant and the state;
(9) arrange for the payment of qualifying educational loans for program participants;
(10) monitor the obligated service of program participants;
(11) waive or suspend service or payment obligations of participants in appropriate situations;
(12) place participants who fail to meet their obligations in default; and
(13) enforce penalties for default.
Sec. 26. Minnesota Statutes 1994, section 144.1488, subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE HEALTH PROFESSIONALS.] (a) To be eligible
to apply to the higher education coordinating board
commissioner for the loan repayment program, health
professionals must be citizens or nationals of the United States,
must not have any unserved obligations for service to a federal,
state, or local government, or other entity, and must be ready to
begin full-time clinical practice upon signing a contract for
obligated service.
(b) In selecting physicians for participation, the board
commissioner shall give priority to physicians who are
board certified or have completed a residency in family practice,
osteopathic general practice, obstetrics and gynecology, internal
medicine, or pediatrics. A physician selected for participation
is not eligible for loan repayment until the physician has an
employment agreement or contract with an eligible loan repayment
site and has signed a contract for obligated service with the
higher education coordinating board
commissioner.
Sec. 27. Minnesota Statutes 1994, section 144.1489, subdivision 1, is amended to read:
Subdivision 1. [CONTRACT REQUIRED.] Before starting the period
of obligated service, a participant must sign a contract with the
higher education coordinating board commissioner
that specifies the obligations of the participant and the
board commissioner.
Sec. 28. Minnesota Statutes 1994, section 144.1489, subdivision 3, is amended to read:
Subd. 3. [LENGTH OF SERVICE.] Participants must agree to
provide obligated service for a minimum of two years. A
participant may extend a contract to provide obligated service
for a third year, subject to board approval by the
commissioner and the availability of federal and state
funding.
Sec. 29. Minnesota Statutes 1994, section 144.1489, subdivision 4, is amended to read:
Subd. 4. [AFFIDAVIT OF SERVICE REQUIRED.] Within 30 days of
the start of obligated service, and by February 1 of each
succeeding calendar year, a participant shall submit an affidavit
to the board commissioner stating that the
participant is providing the obligated service and which is
signed by a representative of the organizational entity in which
the service is provided. Participants must provide written
notice to the board commissioner within 30 days of:
a change in name or address, a decision not to fulfill a service
obligation, or cessation of clinical practice.
Sec. 30. Minnesota Statutes 1994, section 144.1490, is amended to read:
144.1490 [RESPONSIBILITIES OF THE LOAN REPAYMENT PROGRAM.]
Subdivision 1. [LOAN REPAYMENT.] Subject to the availability
of federal and state funds for the loan repayment program, the
higher education coordinating board commissioner
shall pay all or part of the qualifying education loans up to
$20,000 annually for each primary care physician participant that
fulfills the required service obligation. For purposes of this
provision, "qualifying educational loans" are government and
commercial loans for actual costs paid for tuition, reasonable
education expenses, and reasonable living expenses related to the
graduate or undergraduate education of a health care
professional.
Subd. 2. [PROCEDURE FOR LOAN REPAYMENT.] Program participants,
at the time of signing a contract, shall designate the qualifying
loan or loans for which the higher education
coordinating board commissioner is to make payments.
The participant shall submit to the board
commissioner all payment books for the designated loan or
loans or all monthly billings for the designated loan or loans
within five days of receipt. The board commissioner
shall make payments in accordance with the terms and conditions
of the designated loans, in an amount not to exceed $20,000 when
annualized. If the amount paid by the board
commissioner is less than $20,000 during a 12-month
period, the board commissioner shall pay during the
12th month an additional amount towards a loan or loans
designated by the participant, to bring the total paid to
$20,000. The total amount paid by the board
commissioner must not exceed the amount of principal and
accrued interest of the designated loans.
Sec. 31. Minnesota Statutes 1994, section 144.1491, subdivision 2, is amended to read:
Subd. 2. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or
service obligations cancel in the event of a participant's death.
The board commissioner may waive or suspend payment
or service obligations in case of total and permanent disability
or long-term temporary disability lasting for more than two
years. The board commissioner shall evaluate all
other requests for suspension or waivers on a case-by-case
basis.
Sec. 32. Minnesota Statutes 1994, section 298.2214, subdivision 5, is amended to read:
Subd. 5. [HECB AND SYSTEM APPROVAL.] A program may not
be offered under a contract executed according to this section
unless it is approved by the higher education coordinating
board and the board of the system offering the
program.
Sec. 33. [TRANSFER.]
On July 1, 1995, the higher education coordinating board is abolished and the duties and responsibilities of the board related to financial aid, private institution registration and private career school licensing, data management and reporting, and telecommunications council and network functions, and communications, are transferred to the higher education services office as provided in Minnesota Statutes, section 15.039. The transfer includes two positions in the executive director's office; 14 positions in the administrative services divisions; 13 positions in the financial aid division; five positions in the policy and program planning division with direct responsibility for database management/analysis, telecommunications, private institution registration or private career school licensing, and
financial aid analysis; four positions in the information management division; and two positions in communications. The director of the administrative services division shall serve as acting director of the higher education services office until a permanent director is appointed. All positions in the higher education coordinating board that are not transferred to the higher education services office under this section are abolished.
All material and property that does not relate directly to financial aid, private institution registration or private career school licensing, or telecommunications functions shall be transferred to the higher education administrators council as provided in Minnesota Statutes, section 15.039, subdivision 5.
By January 15, 1996, the director of the higher education services office, in consultation with the department of finance, shall provide recommendations to the higher education administrators council, the education committees of the legislature, and the governor on appropriate further reductions in complement and appropriation.
Sec. 34. [TRANSFER OF PROGRAMS.]
The responsibilities of the higher education coordinating board confirmed and specified under Minnesota Statutes, sections 136A.1355 to 136A.1358, are transferred under Minnesota Statutes, section 15.039, to the Minnesota department of health.
Sec. 35. [FINANCIAL AID DELIVERY TASK FORCE.]
By July 15, 1995, the higher education administrators council shall establish a task force to plan and begin implementing improvements in the delivery of financial aid services and funds. The task force shall determine ways to maximize the financial aid delivery at the campus level while maintaining data collection, auditing, and other necessary functions at the state level. The task force shall include system and campus representatives from each of the public post-secondary systems, representatives of the private collegiate and private vocational sectors, a representative of the higher education services office, and representatives of the student advisory council. The task force shall present its findings and recommendations to the director of the higher education services office by December 1, 1995, and to the education committees of the legislature by January 15, 1996.
Sec. 34. [INSTRUCTION TO REVISOR.]
Subdivision 1. [RENUMBERING.] In the next edition of Minnesota Statutes, the revisor of statutes shall renumber each section specified in column A with the number set forth in column B. The revisor shall make necessary cross-reference changes consistent with the renumbering.
Column A Column B
136A.80 135A.51
136A.81 135A.52
Subd. 2. [NAME CHANGE.] The revisor of statutes is directed to change the term "higher education coordinating board," and similar terms, to "higher education services office," or similar terms. The change must be made in the next edition of Minnesota Statutes.
Sec. 37. [REPEALER.]
Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.1352; 136A.1353; 136A.1354; 136A.85; 136A.86; 136A.87; 136A.88; 144.1488, subdivision 2; and 148.236, are repealed."
Delete the title and insert:
"A bill for an act relating to higher education; abolishing the higher education coordinating board and transferring some of its duties; creating a higher education services office and a higher education administrators council; amending Minnesota Statutes 1994, sections 126.663, subdivision 3; 126A.02, subdivision 2; 135A.12, subdivision 1; 135A.15, subdivision 1; 135A.153, subdivision 1; 136A.01; 136A.03; 136A.07; 136A.08; 136A.101, subdivisions 2 and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.26, subdivisions 1 and 2; 136A.42; 136A.62, subdivision 2; 136A.69; 141.25, subdivision 8; 144.1487, subdivision 1; 144.1488, subdivisions 1 and 4; 144.1489,
subdivisions 1, 3, and 4; 144.1490; 144.1491, subdivision 2; and 298.2214, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 135A; and 136A; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.1352; 136A.1353; 136A.1354; 136A.85; 136A.86; 136A.87; 136A.88; 144.1488, subdivision 2; and 148.236."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 344, A bill for an act relating to real property; providing for the form and record of certain assignments; revising the common interest ownership act; changing the application of the curative and validating law for mortgage foreclosures; amending Minnesota Statutes 1994, sections 507.411; 515B.1-102; 515B.1-103; 515B.1-116; 515B.2-104; 515B.2-105; 515B.2-109; 515B.2-110; 515B.3-112; 515B.3-115; 582.25; and 582.27.
Reported the same back with the following amendments:
Page 2, after line 7, insert:
"Sec. 2. Minnesota Statutes 1994, section 508.51, is amended to read:
508.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION.]
Subdivision 1. Except as provided in subdivision 2, no new certificate of title shall be entered or issued, and no memorial shall be made upon any certificate of title in pursuance of any deed or other voluntary instrument made by the registered owner or the registered owner's attorney-in-fact, unless the owner's duplicate is presented therewith, except upon the order of the court. When such order is made, a memorial thereof shall be entered, or a new certificate issued as directed thereby. The registrar shall require that the owner's duplicate be presented only when an instrument is submitted for filing that is executed by the registered owner or the registered owner's attorney-in-fact. When any voluntary instrument made by the registered owner or the registered owner's attorney-in-fact is presented for registration the production of the owner's duplicate certificate shall authorize the registrar to enter a new certificate or to make a memorial of registration in accordance with such instrument, and the new certificate or memorial shall be binding upon the registered owner and upon all persons claiming under the registered owner in favor of every purchaser for value and in good faith. In all cases of registration which are procured by fraud, the owner may pursue all legal and equitable remedies against the parties to such fraud, without prejudice to the rights of any innocent holder for value of a certificate of title.
Subd. 2. A deed or other voluntary instrument, made by the registered owner or the registered owner's attorney-in-fact, in favor of the United States of America, this state, or any political subdivision, agency, or instrumentality of the United States of America or this state shall be accepted for registration regardless whether the owner's duplicate is presented with it. The execution of a deed or other voluntary instrument by the registered owner or the registered owner's attorney-in-fact authorizes the registrar to enter a new certificate or to make a memorial of registration in accordance with the instrument, and the new certificate or memorial is binding upon the registered owner and upon all persons claiming under the registered owner in favor of every purchaser for value and in good faith. In all cases of registration which are procured by fraud, the owner may pursue all legal and equitable remedies against the parties to the fraud, without prejudice to the rights of any innocent holder for value of a certificate of title.
Sec. 3. Minnesota Statutes 1994, section 508A.51, is amended to read:
508A.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION
EXCEPTIONS.]
Subdivision 1. Except as provided in subdivision 2, no new CPT shall be entered or issued, and no memorial shall be made upon any CPT in pursuance of any deed or other voluntary instrument made by the registered owner or the registered owner's attorney-in-fact, unless the owner's duplicate is presented with it, except upon the order of the court. When an order or directive is made, a memorial of it shall be entered, or a new CPT issued as directed. The
registrar shall require that the owner's duplicate be presented only when an instrument is submitted for filing that is executed by the registered owner or the registered owner's attorney-in-fact. When any voluntary instrument made by the registered owner or the registered owner's attorney-in-fact is presented for registration, the production of the owner's duplicate CPT shall authorize the registrar to enter a new CPT or to make a memorial of registration in accordance with the instrument, and the new CPT or memorial shall be binding upon the registered owner and upon all persons claiming under the registered owner in favor of every purchaser for value and in good faith. In all cases of registration which are procured by fraud, the owner may pursue all legal and equitable remedies against the parties to the fraud, without prejudice to the rights of any innocent holder for value of a CPT.
Subd. 2. A deed or other voluntary instrument, made by the registered owner or the registered owner's attorney-in-fact, in favor of the United States of America, this state, or any political subdivision, agency, or instrumentality of the United States of America or this state, shall be accepted for registration regardless whether the owner's duplicate CPT is presented with it. The execution of a deed or other voluntary instrument by the registered owner or the registered owner's attorney-in-fact authorizes the registrar to enter a new CPT or to make a memorial of registration in accordance with the instrument, and the new CPT or memorial is binding upon the registered owner and upon all persons claiming under the registered owner in favor of every purchaser for value and in good faith. In all cases of registration which are procured by fraud, the owner may pursue all legal and equitable remedies against the parties to the fraud, without prejudice to the rights of any innocent holder for value of a CPT."
Page 11, line 16, after the period, insert "In those counties which have a tract index,"
Page 23, line 36, strike "in the usual form"
Page 24, line 9, strike everything after "office"
Page 24, line 10, strike everything before "provided"
Page 24, line 24, strike everything after "registered"
Page 24, line 25, strike everything before the semicolon
Page 26, line 16, strike "the date specified in section 582.27" and insert "one year after the last day of the redemption period of the mortgagor, the mortgagor's personal representatives or assigns"
Page 26, line 17, strike "every" and insert "a holder of a" and strike everything after "mortgage"
Page 26, line 18, strike the first "by" and insert "was"
Page 26, line 19, after "before" insert "the foreclosure"
Page 26, line 21, strike "has been" and insert "was"
Page 26, line 24, strike everything after "force"
Page 26, strike line 25
Page 26, line 26, strike everything before the semicolon
Page 27, lines 13 and 14, strike "date specified in section 582.27" and insert "last day of the redemption period of the mortgagor, the mortgagor's personal representatives or assigns"
Page 27, line 20, strike "the date specified in section 582.27" and insert "one year after the last day of the redemption period of the mortgagor, the mortgagor's personal representatives or assigns"
Page 29, line 12, strike the period and insert a semicolon
Page 29, after line 12, insert:
"(22) That the notice of pendency of the foreclosure as required by section 580.032 was not filed for record before the first date of publication of the foreclosure notice, but was filed before the date of sale."
Page 30, after line 13, insert:
"Sections 2 to 10 are effective June 1, 1995."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 7, after the first semicolon, insert "508.51; 508A.51;"
With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.
The report was adopted.
Wenzel from the Committee on Agriculture to which was referred:
H. F. No. 363, A bill for an act relating to agriculture; eliminating the sunset date for the farmer-lender mediation act; repealing Laws 1986, chapter 398, article 1, section 18, as amended.
Reported the same back with the following amendments:
Page 1, delete lines 6 to 11, and insert:
"Section 1. Laws 1986, chapter 398, article 1, section 18, as amended by Laws 1987, chapter 292, section 37; Laws 1989, chapter 350, article 16, section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter 208, section 2; and Laws 1993, First Special Session chapter 2, article 6, section 2, is amended to read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section 336.9-501,
subsections (6) and (7), and sections 583.284, 583.285, 583.286,
and 583.305, are repealed on July 1, 1995 1997.
Sec. 2. [APPROPRIATION; STUDY; REPORT.]
$400,000 is appropriated from the general fund to the director of the Minnesota extension service for the costs of the state mediation program in the biennium ending June 30, 1997. From within this appropriation and/or from other funds available to the extension service, the extension service shall conduct a study on whether the state should expand the state mediation program to include some or all of the additional issues eligible for mediation under the United States Department of Agriculture Reorganization Act of 1994, Public Law Number 103-354, section 282. The extension service shall report to the agriculture policy committees of the senate and the house of representatives its findings and recommendations not later than November 15, 1995. The report shall include an estimate of the increased annual cost of the state mediation program if additional issues are made eligible for mediation."
Page 1, line 12, delete "2" and insert "3"
Page 1, line 13, delete "This act" and insert "Section 1"
Amend the title as follows:
Page 1, line 2, delete "eliminating" and insert "extending"
Page 1, line 3, delete "repealing" and insert "appropriating money; amending"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 371, A bill for an act relating to crime prevention; establishing truancy service center pilot projects; providing for implementation of community-based truancy action projects; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 384, A bill for an act relating to game and fish; requiring financial security in connection with certain fishing contests; amending Minnesota Statutes 1994, section 97C.081, subdivision 3.
Reported the same back with the following amendments:
Page 1, lines 12 to 17, delete the new language and insert:
"If entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a permit under this subdivision; or
(2) ever failed to make required prize awards in a fishing contest conducted by the applicant,
the applicant must furnish the commissioner evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000."
With the recommendation that when so amended the bill pass.
The report was adopted.
Rest from the Committee on Taxes to which was referred:
H. F. No. 431, A bill for an act relating to property taxes; providing for the equalization of tax bases for governmental units throughout the metropolitan area; amending Minnesota Statutes 1994, sections 469.177, subdivision 3; 473F.02, subdivisions 7, 8, 13, 14, and 15; 473F.07; and 473F.08, subdivisions 2, 3, 4, 5, and 6; repealing Minnesota Statutes 1994, sections 473F.02, subdivision 12; 473F.06; and 473F.08, subdivision 8a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 473F.02, subdivision 8, is amended to read:
Subd. 8. [MUNICIPALITY.] "Municipality" means a city, town, or township located in whole or part within the area, but not the cities of New Prague or Northfield. If a municipality is located partly within and partly without the area, the references in sections 473F.01 to 473F.13 to property or any portion thereof subject to taxation or taxing jurisdiction within the municipality are to such property or portion thereof as is located in that portion of the municipality within the area, except that the fiscal capacity of such a municipality shall be computed upon the basis of the valuation and population of the entire municipality.
A municipality shall be excluded from the area if its
municipal comprehensive zoning and planning policies
conscientiously exclude most commercial-industrial
development, for reasons other than preserving an
agricultural use. The metropolitan council and the
commissioner of revenue shall jointly make this
determination annually and shall notify those
municipalities that are ineligible to participate in the
tax base sharing program provided in this chapter for the
following year.
Sec. 2. Minnesota Statutes 1994, section 473F.02, is amended by adding a subdivision to read:
Subd. 25. [EXCESS HOMESTEAD NET TAX CAPACITY.] "Excess homestead net tax capacity" is the net tax capacity on that portion of class 1 or class 2a property over $200,000 market value. In the case of class 2a property, only the net tax capacity of the house, garage, and one acre of land over $200,000 market value is considered excess homestead net tax capacity.
Sec. 3. Minnesota Statutes 1994, section 473F.02, is amended by adding a subdivision to read:
Subd. 26. [CONTRIBUTION NET TAX CAPACITY.] Each municipality's "contribution net tax capacity" is equal to 40 percent of the increase in net capacity as certified under section 473F.06, plus the amount of excess homestead net tax capacity certified under section 473F.05.
Sec. 4. Minnesota Statutes 1994, section 473F.02, is amended by adding a subdivision to read:
Subd. 27. [CONTRIBUTION PERCENTAGE.] Each municipality's "contribution percentage" is that portion of its contribution net tax capacity attributable to commercial-industrial property divided by the municipality's total preceding year's net tax capacity of commercial-industrial property, determined without regard to section 469.177, subdivision 3.
Sec. 5. Minnesota Statutes 1994, section 473F.05, is amended to read:
473F.05 [NET TAX CAPACITY.]
On or before August 5 of each year, the assessors within each county in the area shall determine and certify to the county auditor the excess homestead net tax capacity and the net tax capacity in that year of commercial-industrial property subject to taxation within each municipality in the county, determined without regard to section 469.177, subdivision 3.
Sec. 6. Minnesota Statutes 1994, section 473F.07, subdivision 1, is amended to read:
Subdivision 1. [AREAWIDE NET TAX CAPACITY.] Each county auditor shall certify the determinations under sections 473F.05 and 473F.06 to the administrative auditor on or before August 1 of each year.
The administrative auditor shall determine an amount
equal to 40 percent of the sum of the amounts
certified under section 473F.06 contribution net
tax capacities for all municipalities in the area.
The resulting amount shall be known as the "areawide net tax
capacity for ........(year)."
Sec. 7. Minnesota Statutes 1994, section 473F.08, subdivision 2, is amended to read:
Subd. 2. [COMPUTATION OF NET TAX CAPACITY.] The net tax capacity of a governmental unit is its net tax capacity, as determined in accordance with other provisions of law including section 469.177, subdivision 3, subject to the following adjustments:
(a) There shall be subtracted from its net tax capacity
its excess homestead net tax capacity, plus, in
each municipality in which the governmental unit exercises ad
valorem taxing jurisdiction, an amount which bears the same
proportion to 40 percent of the amount certified in that
year under sections 473F.06 and 473F.07 for the
municipality as the total preceding year's net tax
capacity of commercial-industrial property which is
subject to the taxing jurisdiction of the governmental
unit within the municipality, determined without regard to
section 469.177, subdivision 3, bears to equal to
the municipality's contribution percentage times the
total preceding year's net tax capacity of
commercial-industrial property within the jurisdiction and
within the municipality, determined without regard to section
469.177, subdivision 3;
(b) There shall be added to its net tax capacity, in each municipality in which the governmental unit exercises ad valorem taxing jurisdiction, an amount which bears the same proportion to the areawide net tax capacity for the year attributable to that municipality as the total preceding year's net tax capacity of residential property which is subject to the taxing jurisdiction of the governmental unit within the municipality bears to the total preceding year's net tax capacity of residential property of the municipality.
Sec. 8. Minnesota Statutes 1994, section 473F.08, subdivision 6, is amended to read:
Subd. 6. [APPLICATION TO COMMERCIAL-INDUSTRIAL PROPERTY.] The
areawide tax rate determined in accordance with subdivision 5
shall apply to that portion of the net tax capacity of
each commercial-industrial property subject to taxation within a
municipality, including property located within any tax increment
financing district, as defined in section 469.174, subdivision 9,
to that portion of the net tax capacity of the item
which bears the same proportion to its total net tax
capacity as 40 percent of the amount determined under
sections 473F.06 and 473F.07 is to the amount determined
under section 473F.05 equal to the municipality's
contribution percentage. The tax rate determined in
accordance with subdivision 4 shall apply in the taxation of the
remainder of the net tax capacity of the item
property.
Sec. 9. Minnesota Statutes 1994, section 473F.08, is amended by adding a subdivision to read:
Subd. 6a. [APPLICATION TO HOMESTEAD PROPERTY.] Each county assessor shall determine the countywide ratio of the excess homestead net tax capacity for the previous year reported under section 473F.05 to the excess homestead net tax capacity for the current year. The areawide tax rate determined under subdivision 5, multiplied by the excess homestead net tax capacity ratio, shall apply to the excess homestead net tax capacity of each homestead property in the county. The tax rate determined in accordance with subdivision 4 shall apply in the taxation of the remainder of the net tax capacity of the property.
Sec. 10. Minnesota Statutes 1994, section 473F.08, subdivision 8a, is amended to read:
Subd. 8a. [FISCAL DISPARITIES ADJUSTMENT.] In any year in which the highest class rate for class 3a property changes from the rate in the previous year, the following adjustments shall be made to the procedures described in sections 473F.06 to 473F.08.
(1) An initial contribution tax capacity shall be determined for each municipality based on the previous year's class rates.
(2) Each jurisdiction's distribution tax capacity shall be determined based upon the areawide tax base determined by summing the tax capacities computed under clause (1) for all municipalities and apportioning the resulting sum pursuant to section 473F.07, subdivision 5.
(3) Each jurisdiction's distribution levy shall be determined by applying the procedures described in subdivision 3, clause (a), to the distribution tax capacity determined pursuant to clause (2).
(4) Each municipality's final contribution tax capacity shall
be determined equal to as its excess homestead net
tax capacity plus that portion of its initial
contribution tax capacity attributable to
commercial-industrial property multiplied by the ratio of the
new highest class rate for class 3a property to the previous
year's highest class rate for class 3a property.
(5) For the purposes of computing education aids and any other
state aids requiring the addition of the fiscal disparities
distribution tax capacity to the local tax capacity, each
municipality's final distribution tax capacity shall be
determined equal to its initial distribution tax capacity
multiplied by the ratio of the new highest class rate for
class 3a property to the previous year's highest class
rate for class 3a property areawide total final
contribution tax capacity to the areawide total initial
contribution net tax capacity.
(6) The areawide tax rate shall be determined by dividing the sum of the amounts determined in clause (3) by the sum of the values determined in clause (4).
(7) The final contribution tax capacity determined in clause (4) shall also be used to determined the portion of each commercial/industrial property's tax capacity subject to the areawide tax rate pursuant to subdivision 6.
Sec. 11. [PROPERTY TAX RELIEF REQUIREMENT.]
Subdivision 1. For the purposes of this section, "net distribution net tax capacity" means a jurisdiction's distribution net tax capacity minus its contribution net tax capacity, determined under Minnesota Statutes, section 473F.07.
Subd. 2. For purposes of this section, "tax rate reduction percentage" means 50 percent of (a) the difference between its net distribution net tax capacity for taxes payable in 1997 compared to taxes payable in 1996, (b) divided by its net tax capacity for taxes payable in 1996, after adjustment for its contribution and distribution net tax capacities under Minnesota Statutes, section 473F.02, and for the captured value of tax increment financing districts as defined in Minnesota Statutes, section 469.177, subdivision 2.
Subd. 3. For taxes payable in 1997 only, any county, city, or town which has a net distribution net tax capacity which is both greater than zero and greater than its net distribution net tax capacity for taxes payable in 1996 may not certify a levy for taxes payable in 1997 that causes its tax rate to exceed its tax rate for taxes payable in 1996, reduced by its tax rate reduction percentage.
Sec. 12. [APPLICATION.]
Sections 1 to 11 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 11 are effective for taxes payable in 1997 and subsequent years."
Delete the title and insert:
"A bill for an act relating to property taxation; including certain homestead property value in the areawide tax base; subjecting certain homestead property value to the areawide tax rate; amending Minnesota Statutes 1994, sections 473F.02, subdivision 8, and by adding subdivisions; 473F.05; 473F.07, subdivision 1; and 473F.08, subdivisions 2, 6, 8a, and by adding a subdivision."
With the recommendation that when so amended the bill pass.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 683, A bill for an act relating to game and fish; extending protected status to and authorizing seasons on certain wild animals; dating of short-term nonresident angling licenses; clarifying the age for trapping without a license; posting of waters to prohibit fishing or motorboat operation; adjusting opening and closing dates of various seasons for taking fish; removing time limits on sale of fish by commercial licensees; amending Minnesota Statutes 1994, sections 97A.015, subdivisions 45 and 53; 97A.411, subdivision 1; 97A.451, subdivision 3; 97B.605; 97B.631; 97B.655, subdivision 1; 97C.025; 97C.345, subdivisions 1, 2, and 3; 97C.371, subdivision 4; 97C.395, subdivision 1; and 97C.821; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1994, section 97B.301, subdivision 5.
Reported the same back with the following amendments:
Page 1, line 22, delete the new language
Page 1, line 23, delete "wolf),"
Page 1, line 24, delete "striped skunk,"
Page 2, line 1, reinstate the stricken "coyote (brush wolf)," and reinstate the stricken "skunk,"
Page 2, line 36, delete "striped and"
Page 3, line 1, delete "coyote,"
Page 3, delete section 6
Page 3, line 14, delete "coyotes, striped skunks,"
Page 3, line 19, delete "skunk,"
Page 3, line 20, delete "coyote,"
Page 3, line 26, delete "skunk, weasel," and delete "coyote,"
Page 4, after line 11, insert:
"Sec. 9. Minnesota Statutes 1994, section 97C.321, subdivision 2, is amended to read:
Subd. 2. [ICE FISHING.] A person may use an unattended line to take fish through the ice if:
(1) the person is within sight of the line; or
(2) a tip-up is attached to the line and the person is within
80 feet unaided visual contact of the tip-up."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 12, delete "97B.631;"
Page 1, line 13, after the second semicolon, insert "97C.321, subdivision 2;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 723, A bill for an act relating to game and fish; establishing a special license for youthful deer hunters; extending authority to take does; increasing the pelting fee; eliminating the family hunting license; amending Minnesota Statutes 1994, sections 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.301, subdivision 6; and 97B.311; and Minnesota Rules, part 6234.2800; repealing Minnesota Statutes 1994, section 97B.301, subdivision 5.
Reported the same back with the following amendments:
Page 1, after line 28, insert:
"Sec. 2. Minnesota Statutes 1994, section 97A.485, subdivision 9, is amended to read:
Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON OPENS.] (a) The following licenses may not be issued after the day before the opening of the related firearms season:
(1) to take deer with firearms, except a license to take more than one deer under section 97B.301, subdivision 4, or to take deer during the extended muzzle-loading season under section 97B.311, or to take deer under section 97A.475, subdivision 2, clause (4a);
(2) to guide bear hunters; and
(3) to guide turkey hunters.
(b) Paragraph (a) does not apply to deer licenses for discharged military personnel under section 97A.465, subdivision 4.
(c) A nonresident license or tag to take and possess raccoon, bobcat, Canada lynx, or fox may not be issued after the fifth day of the open season."
Page 3, line 9, before the period insert "by buying another firearms license and hunting by muzzle-loader"
Page 3, after line 20, insert:
"Sec. 7. [SUNSET.]
Minnesota Statutes 1994, sections 97A.475, subdivision 2, clause (4a); and 97B.311, paragraph (c), expire June 30, 1997."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "sale of deer licenses after season opens;"
Page 1, line 6, after the semicolon, insert "97A.485, subdivision 9;"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Johnson, R., from the Committee on Labor-Management Relations to which was referred:
H. F. No. 733, A bill for an act relating to employment; modifying provisions relating to high pressure piping installation; providing penalties; amending Minnesota Statutes 1994, sections 326.48, subdivisions 1, 2, 3, 4, and 5; 326.50; 326.51; and 326.52.
Reported the same back with the following amendments:
Page 1, lines 14 and 15, reinstate the stricken language
Page 1, line 22, before "firm" insert "partnership,"
Page 3, line 7, before "A" insert "Before obtaining a permit for high pressure piping work,"
Page 3, line 8, after "obtain" insert "or utilize a business with"
Page 3, line 9, delete everything after "license" and insert a period
Page 3, delete lines 10 and 11
Page 3, line 30, delete "bid, quoted, or"
Page 6, after line 33, insert:
"Sec. 9. [REPEALER.]
Minnesota Statutes 1994, section 326.47, subdivisions 3 and 4, are repealed."
Amend the title as follows:
Page 1, line 6, after "326.52" insert "; repealing Minnesota Statutes 1994, section 326.47, subdivisions 3 and 4"
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 771, A bill for an act relating to crime prevention; clarifying the scope of the witness and victim protection fund; appropriating money; amending Minnesota Statutes 1994, section 299C.065, subdivision 1a.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 773, A bill for an act relating to crime prevention; creating a fund to be used by local law enforcement agencies for the purpose of meeting certain emergency needs of crime victims; providing for administration of the fund by the crime victims reparations board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 611A.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 807, A bill for an act relating to courts; civil commitment; changing the required qualifications of examiners; amending Minnesota Statutes 1994, section 253B.02, subdivision 7.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 1087, A bill for an act relating to the environment; providing for the collection of used motor oil; amending Minnesota Statutes 1994, section 325E.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the following amendments:
Page 1, line 16, delete ", government"
Page 1, line 17, delete everything before "and"
Page 1, line 18, delete "and wholesalers" and delete "2,000" and insert "3,000"
Page 1, line 25, delete "used motor oil" and after "equipment" insert "for that particular waste"
Page 2, line 35, delete everything before "accept" and insert "who"
Page 3, line 22, delete "required to" and insert "who"
Page 3, lines 23 and 24, delete "under subdivision 1"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Brown from the Committee on Environment and Natural Resources Finance to which was referred:
H. F. No. 1138, A bill for an act relating to the organization and operation of state government; reducing 1995 environment and natural resources appropriations.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Education to which was referred:
H. F. No. 1140, A bill for an act relating to the organization and operation of state government; reducing 1995 education appropriations.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Osthoff from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 35, A bill for an act relating to elections; changing certain requirements and procedures for voter registration and absentee voting; imposing a penalty; amending Minnesota Statutes 1994, sections 201.061, subdivision 1; 201.071, subdivision 1; 201.081; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivisions 1 and 2; 201.171; 203B.02, subdivision 1; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivision 2; 203B.08, subdivision 1; 203B.11, by adding a subdivision; 203B.12, subdivision 2, and by adding a subdivision; 203B.13, subdivisions 1 and 2; 203B.16, by adding a subdivision; and 203B.19; proposing coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota Statutes 1994, section 203B.02, subdivision 1a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 201.061, subdivision 1, is amended to read:
Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except during the 20 days immediately preceding any election, an eligible voter or any individual who will be an eligible voter at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a registration card and submitting it in person or by mail to the county auditor of that county or to the secretary of state's office. A registration that is received no later than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered registration card shall be forwarded within two working days after receipt to the county auditor of the county where the voter maintains residence. A state or local agency or an individual that accepts completed voter registration cards from a voter must submit the completed cards to the secretary of state or the appropriate county auditor within ten days after the cards are dated by the voter.
Sec. 2. Minnesota Statutes 1994, section 201.071, subdivision 1, is amended to read:
Subdivision 1. [FORM.] A registration card must be of suitable
size and weight for mailing and contain spaces for the following
required information: voter's first name, middle name, and last
name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's
municipality and county of residence; voter's telephone
number, if provided by the voter; date of registration;
and voter's signature. The card must also contain the
following a certification: I certify that I will
be at least 18 years old on election day and am a citizen
of the United States, that I reside at the address shown
and will have resided in Minnesota for 20 days immediately
preceding election day, and that I am not under
guardianship of the person, have not been found by a court
to be legally incompetent to vote, and have not been
convicted of a felony without having my civil rights
restored. I understand that giving false information to
procure a registration is a felony punishable by not more
than five years imprisonment and a fine of not more than
$10,000, or both of voter eligibility.
The form of the voter registration card and the certification of voter eligibility must be as provided in the rules of the secretary of state.
Sec. 3. Minnesota Statutes 1994, section 201.081, is amended to read:
201.081 [REGISTRATION FILES.]
The statewide registration system is the official record of registered voters. The voter registration cards and the terminal providing access to the statewide registration system must be under the control of the county auditor or the public official to whom the county auditor has delegated the responsibility for maintaining voter registration records. The voter registration cards and terminals providing access to the statewide registration system must not be removed from the control of the county auditor except as provided in this subdivision. The county auditor may make photographic copies of voter registration cards in the manner provided by section 138.17.
A properly completed voter registration card that has been submitted to a county auditor must be maintained by the county auditor for at least 22 months after the date that the information on the card is entered into the database of the statewide registration system. The county auditor may dispose of the cards after retention for 22 months in the manner provided by section 138.17.
Sec. 4. Minnesota Statutes 1994, section 201.12, subdivision 2, is amended to read:
Subd. 2. [CHALLENGES.] Upon return of the notice by the postal
service, the county auditor or the auditor's staff shall
personally ascertain the name and address of that
individual. If the individual is no longer at the address
recorded in the statewide registration system, the county auditor
shall change the registrant's status to "challenged" in the
statewide registration system. An individual challenged in
accordance with this subdivision shall comply with the provisions
of section 204C.12, before being allowed to vote. If a second
notice mailed at least 60 days after the return of the first
notice is also returned by the postal service, the county auditor
may remove the registration card from the file and
shall change the registrant's status to "inactive" in the
statewide registration system.
Sec. 5. Minnesota Statutes 1994, section 201.121, subdivision 1, is amended to read:
Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.]
Upon Within ten days after receiving a voter
registration card properly completed and submitted in accordance
with sections 201.061 and 201.071, the county auditor shall enter
in the appropriate registration files and in the statewide
registration system the registration card or the
information contained on it.
Upon receiving a completed voter registration card or form, the
secretary of state may electronically transmit the information on
the card or form to the appropriate county auditor as soon as
possible for review by the county auditor before final entry into
the statewide registration system. The secretary of state shall
mail the registration card or form to the county auditor for
placement in the appropriate files.
Sec. 6. Minnesota Statutes 1994, section 201.13, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF DECEASED
RESIDENTS.] The commissioner of health shall report monthly to
the secretary of state the name, address, date of birth, and
county of residence of each individual 18 years of age or older
who has died while maintaining residence in Minnesota since the
last previous report. The secretary of state shall determine if
any of the persons listed in the report are registered to vote
and shall prepare a list of those registrants for each county
auditor. Within 60 days after receiving the list from the
secretary of state, the county auditor shall change the status of
those registrants to "deceased" in the statewide registration
system and remove from the files the registration cards
of the voters reported to be deceased.
Sec. 7. Minnesota Statutes 1994, section 201.13, subdivision 2, is amended to read:
Subd. 2. [VOTER REGISTRATION CARD REMOVAL FOR DECEASED
NONRESIDENTS.] The county auditor may remove from the files
the voter registration cards of voters who have died
outside of the county, after receiving notice of
death. Within 60 days after receiving notice of
death of a voter who has died outside the county, the
county auditor shall change the voter's status to
"deceased." Notice must be in the form of a printed
obituary or a written statement signed by a registered voter of
the county. The county auditor shall also make the appropriate
changes in the database of the statewide registration
system when voter registration cards are removed from the
files.
Sec. 8. Minnesota Statutes 1994, section 201.171, is amended to read:
201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.]
Within six weeks after every election, the county auditor shall post the voting history for every person who voted in the election. After the close of the calendar year, the secretary of state shall determine if any registrants have not voted during the preceding four years and shall change the status of those registrants to "inactive" in the statewide registration system. The secretary of state shall also prepare a report to the county auditor containing the names of all registrants whose status was changed to "inactive."
The county auditor shall remove the voter registration
card of any voter whose name appears on the report.
Although not counted in an election, a late absentee ballot must
be considered a vote for the purpose of continuing
registration.
Sec. 9. Minnesota Statutes 1994, section 203B.02, subdivision 1a, is amended to read:
Subd. 1a. [EXPERIMENTAL PROCEDURES VOTING BEFORE
ELECTION DAY.] A county board may authorize Any
eligible voter in the county to may vote by
absentee ballot without qualification by submitting a
written request to at any location designated by the
county auditor between August 1, 1991 and November 30,
1992 as provided in section 203B.081, notwithstanding
the provisions of subdivision 1. The county auditor shall
notify the secretary of state immediately after the
adoption of such a resolution of authorization by the
county board.
The application for absentee ballots must include the voter's
name, date of birth, residence address in the county,
address to which the ballots are to be mailed, the date of
the request, and the voter's signature.
The county auditor shall maintain a record of the number
of applications for absentee ballots submitted under
this subdivision. No later than January 15, 1993, the
secretary of state shall prepare a report to the
legislature on the implementation of this
subdivision.
Assistance to voters in marking absentee ballots is subject to section 204C.15, subdivision 1.
Sec. 10. Minnesota Statutes 1994, section 203B.03, subdivision 1, is amended to read:
Subdivision 1. [VIOLATION.] No individual shall intentionally:
(a) make or sign any false certificate required by this chapter;
(b) make any false or untrue statement in any application for absentee ballots;
(c) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;
(d) exhibit a ballot marked by that individual to any other individual;
(e) do any act in violation of the provisions of this chapter
for the purpose of casting an illegal vote in any precinct or for
the purpose of aiding another to cast an illegal vote;
or
(f) use information from absentee ballot materials or records for purposes unrelated to elections, political activities, or law enforcement; or
(g) provide assistance to an absentee voter except in the manner provided by section 204C.15, subdivision 1.
Before inspecting information from absentee ballot materials or records, an individual shall provide identification to the public official having custody of the material or information.
Sec. 11. Minnesota Statutes 1994, section 203B.04, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election. The county auditor shall prepare absentee ballot application forms in the format provided in the rules of the secretary of state and shall furnish them to any person on request. An application submitted pursuant to this subdivision shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant maintains residence; or
(b) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.
An application shall be accepted if it is signed and dated by the applicant, contains the applicant's name, residence and mailing addresses, and date of birth, and states that the applicant is eligible to vote by absentee ballot for one of the reasons specified in section 203B.02. An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device, at the discretion of the auditor or clerk. An application submitted on behalf of a voter by a person other than the voter must be mailed or returned to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election. A copy of an absentee ballot application or list of voters applying for an absentee ballot made available for public inspection may not include the voter's day or month of birth. The absentee ballot applications or a list of persons applying for an absentee ballot may not be made available for public inspection until the close of voting on election day.
Sec. 12. Minnesota Statutes 1994, section 203B.06, subdivision 3, is amended to read:
Subd. 3. [DELIVERY OF BALLOTS.] If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application. If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:
(a) Mail the ballots to the voter whose signature appears on
the application if the application is submitted by mail;
or
(b) Deliver the absentee ballots directly to the voter if the application is submitted in person; or
(c) Deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots to a voter who is a patient in a hospital or health care facility, as provided in section 203B.11, subdivision 4.
If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application. Only one set of ballots may be mailed or delivered to an applicant for any election, except as provided in section 203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.
This subdivision does not apply to applications for
absentee ballots received pursuant to sections 203B.04,
subdivision 2, and 203B.11.
Sec. 13. Minnesota Statutes 1994, section 203B.07, subdivision 2, is amended to read:
Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall be
of sufficient size to conveniently enclose and contain the ballot
envelope and a voter registration card folded along its
perforations. The return envelope shall be designed to open on
the left hand end. The return envelope must include spaces
for the voter's name, address, and date of birth. A
certificate of eligibility to vote by absentee ballot
shall be printed on the right hand three-fourths of the back of
the envelope. The certificate shall contain a statement to be
signed and sworn by the voter indicating that the voter meets all
of the requirements established by law for voting by
absentee ballot. If the voter was not previously
registered, the certificate shall also contain a statement
signed by an eligible a registered voter of the
county precinct in which the absent voter maintains
residence or by a notary public, United States
postmaster, assistant postmaster, postal supervisor, clerk of
a postal service contract station or other individual
authorized to administer oaths stating that:
(a) the ballots were displayed to that individual
unmarked;
(b) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the
voter was physically unable to mark them, that the voter
directed another individual to mark them; and
(c) if the voter was not previously registered, that the
voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk shall affix first class postage to the return envelopes.
Sec. 14. Minnesota Statutes 1994, section 203B.08, subdivision 1, is amended to read:
Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible voter who receives absentee ballots as provided in this chapter shall mark them in the manner specified in the directions for casting the absentee ballots. The return envelope containing marked ballots may be mailed as provided in the directions for casting the absentee ballots or may be left with the county auditor or municipal clerk who transmitted the absentee ballots to the voter.
The voter may designate an agent to deliver in person the sealed absentee ballot return envelope to the county auditor or municipal clerk or to deposit the return envelope in the mail. An agent may deliver or mail the return envelopes of not more than three voters in any election. Any person designated as an agent who tampers with either the return envelope or the voted ballots or does not immediately mail or deliver the return envelope to the county auditor or municipal clerk is guilty of a misdemeanor.
Sec. 15. [203B.081] [VOTING BEFORE ELECTION DAY.]
An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 30 days before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose.
Sec. 16. Minnesota Statutes 1994, section 203B.11, is amended by adding a subdivision to read:
Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days preceding an election and until 4:00 p.m. on election day, an eligible voter who is a patient of a hospital or health care facility may designate an agent to deliver the ballots to the voter from the county auditor or municipal clerk. The voted ballots must be returned to the county auditor or municipal clerk no later than 5:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit must include a statement from the voter stating that the ballots were delivered to the voter by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than three persons in any election. The secretary of state shall provide samples of the affidavit and transmission envelope for use by the county auditors.
Sec. 17. Minnesota Statutes 1994, section 203B.12, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more election judges shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. If a ballot has been prepared under section 204B.12, subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes from the return envelopes until 8:00 p.m. on election day, either in the polling place or at an absentee ballot board established under section 203B.13.
The election judges shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if the election judges or a majority of them are satisfied that:
(1) the voter's name, address, and date of birth on the return envelope are the same as the information provided on the absentee ballot application;
(a) (2) the voter's signature on the return
envelope is the genuine signature of the individual who made the
application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot;
(b) (3) the voter is registered and eligible to
vote in the precinct or has included a properly completed
registration card in the return envelope; and
(c) (4) the voter has not already voted at that
election, either in person or by absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the county auditor.
If all or a majority of the election judges examining return
envelopes find that an absent voter has failed to meet one of the
requirements prescribed in clauses (a) (1) to
(c) (4), they shall mark the return envelope
"Rejected," initial or sign it below the word "Rejected," and
return it to the county auditor.
Sec. 18. Minnesota Statutes 1994, section 203B.12, is amended by adding a subdivision to read:
Subd. 7. [NAMES OF PERSONS SUBMITTING ABSENTEE BALLOTS.] The names of voters who have submitted an absentee ballot return envelope to the county auditor or municipal clerk may not be made available for public inspection until the close of voting on election day.
Sec. 19. Minnesota Statutes 1994, section 203B.13, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The governing body of any
county that has established a counting center as provided
in section 206.85, subdivision 2, any municipality
may by ordinance, or the school board of any
school district may by ordinance or resolution, authorize
an absentee ballot board. The board shall consist of a sufficient
number of election judges appointed as provided in sections
204B.19 to 204B.22.
Sec. 20. Minnesota Statutes 1994, section 203B.13, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The absentee ballot board may do any of the following:
(a) Receive from each precinct in the municipality or school district all ballot envelopes marked "Accepted" by the election judges; provided that the governing body of a municipality or the school board of a school district may authorize the board to examine all return absentee ballot envelopes and receive or reject absentee ballots in the manner provided in section 203B.12;
(b) Open and count the absentee ballots, tabulating the vote in a manner that indicates each vote of the absentee voter and the total absentee vote cast for each candidate or question in each precinct; or
(c) Report the vote totals tabulated for each precinct.
The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the 30 days before the election. If an envelope has been rejected, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall inform the voter who submitted the absentee ballot. The voter shall be provided with a replacement absentee ballot and return envelope in place of the spoiled ballot. The secretary of state shall provide samples of the replacement ballot and return envelope for use by the county auditor.
Sec. 21. Minnesota Statutes 1994, section 203B.16, is amended by adding a subdivision to read:
Subd. 3. [DUTIES OF MUNICIPAL CLERK.] The municipal clerk shall administer the duties of the county auditor in sections 203B.16 to 203B.27 for municipal elections not held on the same day as a state or county election.
Sec. 22. Minnesota Statutes 1994, section 203B.19, is amended to read:
203B.19 [RECORDING APPLICATIONS.]
Upon accepting an application, the county auditor shall record
in a permanent register on the statewide
registration system the voter's name, address of
present or former residence in Minnesota, mailing address,
date of birth, school district number, and the category
under section 203B.16, to which the voter belongs. After
recording this information, The county auditor shall retain
the application record for two years after the date
of the next state general election. A voter whose name is
recorded as provided in this section shall not be required to
register under any other provision of law in order to vote under
sections 203B.16 to 203B.27.
The polling place rosters prepared by the secretary of state must include separate pages to list the persons whose applications have been recorded as provided in this section. The election judges shall indicate on the roster each person for whom an absentee ballot has been accepted.
Sec. 23. [EFFECTIVE DATE.]
This act is effective January 1, 1996, except that sections 9; 10; 12, subdivision 3, paragraph (d); 15; 16; and 20 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to elections; changing certain requirements and procedures for voter registration and absentee voting; imposing a penalty; amending Minnesota Statutes 1994, sections 201.061, subdivision 1; 201.071, subdivision 1; 201.081; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivisions 1 and 2; 201.171; 203B.02, subdivision 1a; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivision 2; 203B.08, subdivision 1; 203B.11, by adding a subdivision; 203B.12, subdivision 2, and by adding a subdivision; 203B.13, subdivisions 1 and 2; 203B.16, by adding a subdivision; and 203B.19; proposing coding for new law in Minnesota Statutes, chapter 203B."
With the recommendation that when so amended the bill pass.
The report was adopted.
Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:
S. F. No. 50, A bill for an act relating to highways; designating a bridge as the Betty Adkins Bridge; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Osthoff from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 181, A bill for an act relating to elections; allowing time off to vote in elections to fill a vacancy in the legislature; amending Minnesota Statutes 1994, section 204C.04, subdivision 2.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Osthoff from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 182, A bill for an act relating to towns; clarifying the procedure to fill a vacancy in the office of town supervisor; amending Minnesota Statutes 1994, section 367.03, subdivision 6.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Osthoff from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 315, A bill for an act relating to elections; changing and clarifying provisions of the Minnesota election law; amending Minnesota Statutes 1994, sections 201.071, subdivision 1; 203B.01, by adding a subdivision; 203B.11, subdivision 1; 204B.06, by adding a subdivision; 204B.09, by adding a subdivision; 204B.15; 204B.27, by adding a subdivision; 204B.31; 204B.32, subdivision 1; 204B.36, subdivision 2; 204B.45, subdivision 1; 204B.46; 204C.08, by adding a subdivision; 204C.31, subdivision 2; 206.62; 206.90, subdivisions 4 and 6; 207A.03, subdivision 2; and 211A.02, subdivision 2; repealing Minnesota Statutes 1994, section 204D.15, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 201.071, subdivision 1, is amended to read:
Subdivision 1. [FORM.] A registration card must be of suitable size and weight for mailing and contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number; date of registration; and voter's signature. The card must also contain the following certification: I certify that I will be at least 18 years old on election day and am a citizen of the United States, that I reside at the address shown and will have resided in Minnesota for 20 days immediately preceding election day, and that I am not under guardianship of the person, have not been found by a court to be legally incompetent to vote, and have not been convicted of a felony without having my civil rights restored. I understand that giving false information to procure a registration is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both.
The form of the voter registration card must be as provided in the rules of the secretary of state. Voter registration forms authorized by the National Voter Registration Act may also be accepted as valid.
Sec. 2. Minnesota Statutes 1994, section 203B.01, is amended by adding a subdivision to read:
Subd. 4. [HEALTH CARE FACILITY.] "Health care facility" means a hospital or other entity licensed under sections 144.50 to 144.58 or a nursing home licensed to serve adults under section 144A.02.
Sec. 3. Minnesota Statutes 1994, section 203B.11, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each full-time municipal clerk who has authority under section 203B.05 to administer absentee voting laws shall designate election judges to deliver absentee ballots in accordance with this section. The county auditor may also designate election judges to perform the duties in this section. A ballot may be delivered only to an eligible voter who is a temporary or permanent resident or patient in a health care facility or hospital located in the municipality in which the voter maintains residence. The ballots shall be delivered by two election judges, each of whom is affiliated with a different major political party. When the election judges deliver or return ballots as provided in this section, they shall travel together in the same vehicle. Both election judges shall be present when an applicant completes the certificate of eligibility and marks the absentee ballots, and may assist an applicant as provided in section 204C.15. The election judges shall deposit the return envelopes containing the marked absentee ballots in a sealed container and return them to the clerk on the same day that they are delivered and marked.
Sec. 4. Minnesota Statutes 1994, section 204B.06, is amended by adding a subdivision to read:
Subd. 8. [PROOF OF ELIGIBILITY.] A candidate for judicial office or for the office of county attorney shall submit with the affidavit of candidacy proof that the candidate meets the qualifications established by the supreme court for admission to the practice of law in Minnesota.
A candidate for county sheriff shall submit with the affidavit of candidacy proof of licensure or eligibility to be licensed as a peace officer in Minnesota.
Sec. 5. Minnesota Statutes 1994, section 204B.09, is amended by adding a subdivision to read:
Subd. 3. [FACSIMILE AFFIDAVITS.] Affidavits of candidacy may be filed by transmitting facsimile affidavits to the filing officer and are considered received on receipt of the appropriate filing fee or petition in lieu of the filing fee.
Sec. 6. Minnesota Statutes 1994, section 204B.15, is amended to read:
204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.]
A county board, at its meeting in either January or
July, upon the petition of not less than ten eligible
voters residing in unorganized territory more than ten
miles from the polling place in any established precinct,
shall may establish a new election
precinct precincts to serve the residents of
unorganized territories. The board shall designate a
polling place for the new precinct that is convenient for the
individuals residing in it or shall designate the precinct
for mail balloting as provided in section 204B.45.
No polling place designated under this section shall be
located within ten miles of an existing polling
place.
Sec. 7. Minnesota Statutes 1994, section 204B.27, is amended by adding a subdivision to read:
Subd. 9. [ELECTION SUPPLY CONTRACT.] The secretary of state may enter into a statewide contract from which any county auditor may purchase ballots, forms, or other election supplies.
Sec. 8. Minnesota Statutes 1994, section 204B.31, is amended to read:
204B.31 [COMPENSATION FOR ELECTION SERVICES.]
Subdivision 1. [COMPENSATION.] The compensation for services performed under the Minnesota election law shall be as follows:
(a) To presidential electors from funds appropriated to the secretary of state for this purpose, $35 for each day of attendance at the capitol and mileage for travel to and from the capitol in the amount allowed for state employees in accordance with section 43A.18, subdivision 2;
(b) To individuals, other than county, city, school district, or town employees during their normal work day, who are appointed by the county auditor to carry ballots to or from the county auditor's office, a sum not less than the prevailing Minnesota minimum wage for each hour spent in carrying ballots and mileage in the amount allowed pursuant to section 471.665, subdivision 1;
(c) To members of county canvassing boards, a sum not less than the prevailing Minnesota minimum wage for each hour necessarily spent and an amount for each mile of necessary travel equal to the amount allowed pursuant to section 471.665, subdivision 1;
(d) To election judges serving in any city, an amount fixed by the governing body of the city; to election judges serving in any school district election which is not held in conjunction with a state election, an amount fixed by the school board of the school district; to election judges serving in unorganized territory, an amount fixed by the county board; and to election judges serving in towns, an amount fixed by the town board. Election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out their duties at the polling places and in attending training sessions required by section 204B.25, except as provided in subdivisions 2 and 3. An election judge who travels to pick up election supplies or to deliver election returns to the county auditor shall receive, in addition to other compensation authorized by this section, a sum not less than the prevailing Minnesota minimum wage for each hour spent performing these duties, plus mileage in the same amount as allowed pursuant to section 471.665, subdivision 1; and
(e) To sergeants at arms, an amount for each hour of service performed at the direction of the election judges, fixed in the same manner as compensation for election judges.
Subd. 2. [VOLUNTEER SERVICE.] Any person appointed to serve as an election judge may elect to serve without payment by submitting a written statement to the appropriate governing body no later than ten days before the election.
Subd. 3. [CONTRACT FOR ELECTION JUDGES.] Any governing body responsible for appointment of election judges may enter into a contract or agreement with a nonprofit organization for the recruitment of election judges. The contract or agreement must state the hourly compensation of the election judges to be provided to the governing body for appointment. The governing body may pay the nonprofit organization directly for the services of the election judges provided by the organization.
Sec. 9. Minnesota Statutes 1994, section 204B.36, subdivision 2, is amended to read:
Subd. 2. [CANDIDATES AND OFFICES.] The name of each candidate shall be printed at a right angle to the length of the ballot. At a general election the name of the political party or the political principle of each candidate for partisan office shall be printed above or below the name of the candidate. The name of a political party or a political principle shall be printed in capital and lower case letters of the same type, with the capital letters at least one-half the height of the capital letters used for names of the candidates. At a general election, blank lines containing the words "write-in, if any" shall be printed below the name of the last candidate for each office, or below the title of the office if no candidate has filed for that office, so that a voter may write in the names of individuals whose names are not on the ballot. One blank line shall be printed for each officer of that kind to be elected. At a primary election, no blank lines shall be provided for writing in the names of individuals whose names do not appear on the primary ballot.
On the left side of the ballot at the same level with the name of each candidate and each blank line shall be printed a square in which the voter may designate a vote by a mark (X). Each square shall be the same size. Above the first name on each ballot shall be printed the words, "Put an (X) in the square opposite the name of each candidate you wish to vote for." At the same level with these words and directly above the squares shall be printed a small arrow pointing downward. Directly underneath the official title of each office shall be printed the words "Vote for one" or "Vote for up to ..." (any greater number to be elected).
Sec. 10. Minnesota Statutes 1994, section 204B.45, subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Any statutory or home
rule charter city or town municipality having
fewer than 400 registered voters on June 1 of an election year
and not located in a metropolitan county as defined by section
473.121 may provide balloting by mail at any city, county, or
state election with no polling place other than the office
of the auditor or clerk. The governing body may apply to
the county auditor for permission to conduct balloting by
mail, subject to the approval of the county
auditor. The county board may provide for balloting by mail
in unorganized territory.
The governing body of any municipality may designate for mail balloting any precinct having fewer than 400 registered voters on June 1 of any election year, subject to the approval of the county auditor.
Voted ballots may be returned in person to the county auditor or to any other location designated by the county auditor.
Sec. 11. Minnesota Statutes 1994, section 204B.46, is amended to read:
204B.46 [MAIL ELECTIONS; QUESTIONS.]
A county, municipality, or school district submitting questions
to the voters at a special election may apply to the county
auditor for approval of an election by mail with no
polling place other than the office of the auditor or
clerk. Voted ballots may be returned in person to the
county auditor or any other location designated by the
county auditor. No more than two questions may be submitted
at a mail election and no offices may be voted on. Notice of the
election and the special mail procedure must be given at least
six weeks prior to the election. No earlier than 20 or later
than 14 days prior to the election, the auditor or clerk shall
mail ballots by nonforwardable mail to all voters registered in
the county, municipality, or school district. Eligible voters
not registered at the time the ballots are mailed may apply for
ballots pursuant to chapter 203B.
Sec. 12. Minnesota Statutes 1994, section 204C.08, is amended by adding a subdivision to read:
Subd. 2a. [SAMPLE BALLOTS.] A sample ballot must be posted in a conspicuous location in the polling place. The sample ballot must accurately reflect the offices, candidates, and rotation sequence on the ballots used in that polling place.
Sec. 13. Minnesota Statutes 1994, section 204C.15, subdivision 1, is amended to read:
Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN MARKING
BALLOTS.] A voter who claims under oath a need for
assistance because of inability to read English or physical
inability to mark a ballot may obtain the aid of two election
judges who are members of different major political parties. The
election judges shall mark the ballots as directed by the voter
and in as secret a manner as circumstances permit. If the voter
is deaf or cannot speak English or understand it when it is
spoken, the election judges may select two individuals who are
members of different major political parties to act as
interpreters. The interpreters shall take an oath similar
to that taken by election judges, and shall assist the
individual in marking the ballots. A voter in need of assistance
may alternatively obtain the assistance of any individual the
voter chooses. The individual who assists the voter shall
take an oath of eligibility to do so. Only the
following persons may not provide assistance to a voter: the
voter's employer, an agent of the voter's employer, an officer or
agent of the voter's union, or a candidate for election. The
person who assists the voter shall, unaccompanied by an election
judge, retire with that voter to a booth and mark the ballot as
directed by the voter. No person who assists another voter as
provided in the preceding sentence shall mark the ballots of more
than three voters at one election. Before the ballots are
deposited, the voter may show them privately to an election judge
to ascertain that they are marked as the voter directed. An
election judge or other individual assisting a voter shall not in
any manner request, persuade, induce, or attempt to persuade or
induce the voter to vote for any particular political party or
candidate. The election judges or other individuals who assist
the voter shall not reveal to anyone the name of any candidate
for whom the voter has voted or anything that took place while
assisting the voter.
Sec. 14. Minnesota Statutes 1994, section 204C.31, subdivision 2, is amended to read:
Subd. 2. [STATE CANVASSING BOARD.] The state canvassing board
shall consist of the secretary of state, two judges of the
supreme court or the court of appeals, and two judges of
the district court selected by the secretary of state. None of
the judges shall be a candidate at the election. If a judge
fails to appear at the meeting of the canvassing board, the
secretary of state shall fill the vacancy in membership by
selecting another judge who is not a candidate at the election.
Not more than two judges of the supreme court shall serve on the
canvassing board at one time.
Sec. 15. Minnesota Statutes 1994, section 206.62, is amended to read:
206.62 [SAMPLE BALLOTS.]
The officials who prepare ballot strips or ballot booklets
shall provide each polling place with at least two
a sample ballots which are facsimiles of ballot
that accurately reflects the offices, candidates, and
rotation sequence on the ballot strip or ballot
booklet card to be voted on in that precinct.
Candidates' names may not be rotated on the sample ballots
but must be arranged in alphabetical order for all offices
where rotation of names on the official ballots is
required by law. The sample ballots may be either in full or
reduced size. They must contain suitable illustrated directions
for voting on a lever voting machine or for operating a marking
device, or illustrated instructions must be provided on a
separate poster placed adjacent to each sample ballot. The
sample ballots must be posted prominently in the polling place
and must remain open to inspection by the voters throughout
election day.
Sec. 16. Minnesota Statutes 1994, section 206.90, subdivision 4, is amended to read:
Subd. 4. [ABSENTEE VOTING.] An optical scan voting system may
be used for absentee voting as long as. The county
auditor may supply an appropriate marking instrument
is supplied to the voter along with the ballot.
Sec. 17. Minnesota Statutes 1994, section 206.90, subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink.
When optical scan ballots are used, the offices to be elected must appear in the following order: federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.
On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."
Sec. 18. Minnesota Statutes 1994, section 207A.03, subdivision 2, is amended to read:
Subd. 2. [VOTER CERTIFICATION; BALLOT.] An individual seeking
to vote at the presidential primary shall request the ballot of
the party for whose candidates the individual wishes to vote.
The voter registration certificate or duplicate
registration file polling place roster for the
presidential primary must list the names of the political parties
appearing on the ballot at the presidential primary. Before
receiving a ballot, a voter shall sign the voter's certificate
or duplicate registration file polling place
roster and shall place a check mark beside
indicate the name of the political party whose ballot the
voter requested.
Sec. 19. Minnesota Statutes 1994, section 211A.02, subdivision 2, is amended to read:
Subd. 2. [INFORMATION REQUIRED.] The report to be filed by a candidate or committee must include:
(1) the name of the candidate or ballot question;
(2) the name and address of the person responsible for filing the report;
(3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due;
(4) the purpose for each expenditure; and
(5) the name of any individual or committee that during the
year has made one or more contributions that in the aggregate are
equal to or greater than $500 $300.
Sec. 20. [REPEALER.]
Minnesota Statutes 1994, sections 204D.15, subdivision 2; and 211B.11, subdivision 2, are repealed."
Delete the title and insert:
"A bill for an act relating to elections; changing and clarifying provisions of the Minnesota election law; amending Minnesota Statutes 1994, sections 201.071, subdivision 1; 203B.01, by adding a subdivision; 203B.11, subdivision 1; 204B.06, by adding a subdivision; 204B.09, by adding a subdivision; 204B.15; 204B.27, by adding a subdivision; 204B.31; 204B.36, subdivision 2; 204B.45, subdivision 1; 204B.46; 204C.08, by adding a subdivision; 204C.15, subdivision 1; 204C.31, subdivision 2; 206.62; 206.90, subdivisions 4 and 6; 207A.03, subdivision 2; and 211A.02, subdivision 2; repealing Minnesota Statutes 1994, sections 204D.15, subdivision 2; and 211B.11, subdivision 2."
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. Nos. 129, 344, 384, 431, 683, 733 and 807 were read for the second time.
S. F. Nos. 145, 35, 50, 181, 182 and 315 were read for the second time.
The following House Files were introduced:
Skoglund and Wejcman introduced:
H. F. No. 1339, A bill for an act relating to corrections; requiring the commissioner of corrections to collect and report data on individuals transferred under the interstate compact for the supervision of parolees and probationers; proposing coding for new law in Minnesota Statutes, chapter 243.
The bill was read for the first time and referred to the Committee on Judiciary.
Bakk and Rukavina introduced:
H. F. No. 1340, A bill for an act relating to game and fish; authorizing a new deer license; amending Minnesota Statutes 1994, section 97A.475, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 97B.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Osthoff introduced:
H. F. No. 1341, A bill for an act relating to traffic regulations; allowing turn on red arrow traffic signal, under certain conditions; regulating speed limits in residential areas; providing for disposition of proceeds of fines collected for violation of work zone speed limits; making technical changes; amending Minnesota Statutes 1994, sections 169.06, subdivision 5; and 169.14, subdivisions 2 and 5d; repealing Minnesota Statutes 1994, section 169.01, subdivision 81.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Wagenius introduced:
H. F. No. 1342, A bill for an act relating to motor carriers; regulating hazardous material transporters; requiring fingerprints of motor carrier managers for criminal background checks; making technical changes related to calculating proportional mileage under the international registration plan; specifying violations that may result in suspension or revocation of permit; making technical changes relating to hazardous waste transporter licenses; providing for disposition of fees collected for hazardous material registration, licensing, and permitting; abolishing a sunset provision; amending Minnesota Statutes 1994, section 221.0355, subdivisions 3, 5, 6, 12, 15, and by adding a subdivision; Laws 1994, chapter 589, section 8.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Bradley, Van Engen, Osthoff and Anderson, B., introduced:
H. F. No. 1343, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 4; providing four-year terms for state representatives.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
Dehler introduced:
H. F. No. 1344, A bill for an act relating to state government; providing for the size of the legislature; providing conditions for the organization of legislative committees; limiting the service of legislature leaders; providing term limits; proposing an amendment to the Minnesota Constitution, articles IV, section 4; and V, sections 2 and 4; amending Minnesota Statutes 1994, section 2.021; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
Lynch; Johnson, A.; Entenza and Carlson introduced:
H. F. No. 1345, A bill for an act relating to education; appropriating money for school interpreters.
The bill was read for the first time and referred to the Committee on Education.
Entenza, Carlson, Mariani, Schumacher and Rhodes introduced:
H. F. No. 1346, A bill for an act relating to education; providing funding for adult graduation aid; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Frerichs, Lourey, Leighton, Garcia and Harder introduced:
H. F. No. 1347, A bill for an act relating to employment; appropriating money for the displaced homemaker program.
The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.
Jefferson introduced:
H. F. No. 1348, A bill for an act relating to retirement; governmental employees in general; establishing a normal retirement age of 65 years; amending Minnesota Statutes 1994, sections 352.01, subdivision 25; 353.01, subdivision 37; 354.05, subdivision 38; and 354A.011, subdivision 15a; repealing Minnesota Statutes 1994, section 356.82.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Murphy, Holsten, McCollum, McGuire and Kahn introduced:
H. F. No. 1349, A bill for an act relating to ice arenas; providing the Minnesota amateur sports commission with additional authority; authorizing use of county capital improvement bonds; exempting issuance of certain debt from the election requirements; providing a sales tax exemption; authorizing use of subdivision dedication for certain facilities; appropriating money; amending Minnesota Statutes 1994, sections 240A.09; 240A.10; 297A.25, by adding a subdivision; 373.40, subdivision 1; 462.358, subdivision 2b; 471.16, subdivision 1; and 475.58, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 373.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Opatz, Pelowski, Bettermann, Dorn and Dehler introduced:
H. F. No. 1350, A bill for an act relating to education; consolidating and restructuring certain higher education statutes to reflect the merger of the community colleges, state universities, and technical colleges; amending Minnesota Statutes 1994, sections 136E.01, subdivision 1; 136E.02, subdivisions 1 and 3; 136E.021, subdivision 2; 136E.03; 136E.04, subdivisions 1, 3, and 7; 136E.05; 136E.31; 136E.395; 136E.525, subdivisions 1 and 2; and 136E.692, subdivisions 1, 3, and 4; proposing coding for new law as Minnesota Statutes, chapter 136F; repealing Minnesota Statutes 1994, sections 136.01; 136.015; 136.016; 136.017; 136.02; 136.03; 136.031; 136.034; 136.035; 136.036; 136.045; 136.06; 136.063; 136.065; 136.07; 136.08; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14; 136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147; 136.148; 136.15; 136.16; 136.17; 136.171; 136.172; 136.18; 136.19; 136.20; 136.21; 136.22; 136.232; 136.24; 136.25; 136.26; 136.261; 136.27; 136.31; 136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38; 136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47; 136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504; 136.505; 136.506; 136.507; 136.508; 136.55; 136.56; 136.57; 136.58; 136.60; 136.601; 136.6011; 136.602; 136.603; 136.61; 136.62; 136.621; 136.622; 136.63; 136.64; 136.65; 136.651; 136.653; 136.66; 136.67; 136.70; 136.71; 136.72; 136.80; 136.81; 136.82; 136.821; 136.83; 136.84; 136.85; 136.86; 136.87; 136.88; 136.90; 136C.01; 136C.02; 136C.03; 136C.04; 136C.041; 136C.042; 136C.043; 136C.044; 136C.05; 136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17; 136C.21; 136C.211; 136C.212; 136C.213; 136C.22; 136C.221; 136C.222; 136C.223; 136C.25; 136C.26; 136C.27; 136C.28; 136C.29; 136C.31; 136C.32; 136C.33; 136C.34; 136C.35; 136C.36; 136C.37; 136C.38; 136C.41; 136C.411; 136C.42; 136C.43; 136C.44; 136C.50; 136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65; 136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75; and 136E.04, subdivisions 2, 4, 5, and 6; Laws 1994, chapter 532, article 6, section 12, paragraph (a).
The bill was read for the first time and referred to the Committee on Education.
Molnau, Sviggum, Dauner, Winter and Ozment introduced:
H. F. No. 1351, A bill for an act relating to taxation; property; increasing the income requirements for new applicants under the green acres program; providing for the classification of property which is used for both residential and agricultural purposes; amending Minnesota Statutes 1994, sections 273.111, subdivision 6; and 273.13, subdivision 23.
The bill was read for the first time and referred to the Committee on Taxes.
Tompkins, Perlt, Milbert, Sarna and Smith introduced:
H. F. No. 1352, A bill for an act relating to consumer protection; regulating sales of goods and services to adults not yet 21 years of age; providing for the voidability of contracts for certain reasons; providing enforcement; proposing coding for new law in Minnesota Statutes, chapter 325G.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Daggett; Bettermann; Swenson, H.; Kraus and Tuma introduced:
H. F. No. 1353, A bill for an act relating to workers' compensation; modifying provisions relating to permanent partial disability; amending Minnesota Statutes 1994, sections 176.021, subdivision 3; 176.061, subdivision 10; 176.101, subdivisions 2, 6, and by adding a subdivision; 176.105, subdivision 4; 176.179; 176.221, subdivision 6a; and 268.08, subdivision 3; repealing Minnesota Statutes 1994, sections 176.011, subdivision 26; and 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Abrams introduced:
H. F. No. 1354, A bill for an act relating to tax increment financing; requiring state auditor approval; amending Minnesota Statutes 1994, section 469.175, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Knoblach, Sykora, Ness, Mares and Swenson, H., introduced:
H. F. No. 1355, A bill for an act relating to gambling; abolishing the Minnesota racing commission, the gambling control board, and the state lottery board; creating a gambling regulation board and transferring the responsibilities of the abolished commission and boards to it; providing for the regulation and control of the state lottery and its employees by the gambling regulation board; making conforming changes; amending Minnesota Statutes 1994, sections 10A.01, subdivision 18; 10A.09, subdivision 1; 240.01, by adding a subdivision; 240.011; 240.04; 349.12, subdivision 10; 349.152, subdivisions 1 and 2; 349A.01, subdivisions 2 and 5; 349A.03, subdivision 2, and by adding a subdivision; 349A.04; 349A.05; proposing coding for new law in Minnesota Statutes, chapter 349A; proposing coding for new law as Minnesota Statutes, chapter 349C; repealing Minnesota Statutes 1994, sections 240.01, subdivision 4; 240.02; 349.151, subdivisions 1, 2, 3a, and 5; 349A.02; and 349A.03, subdivision 1.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Kelley; Anderson, I.; Tunheim; Ozment and Huntley introduced:
H. F. No. 1356, A bill for an act relating to telecommunications; regulating the sale of local exchange service territory; proposing coding for new law in Minnesota Statutes, chapter 237.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Lourey, McGuire, Wejcman and Murphy introduced:
H. F. No. 1357, A bill for an act relating to health; expanding the home health visiting program; appropriating money; amending Minnesota Statutes 1994, section 145A.15.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Winter, Peterson, Otremba, Molnau and Cooper introduced:
H. F. No. 1358, A bill for an act relating to transportation; directing the commissioner of transportation to conduct a pilot project on the use of soy-based biodiesel in state highway maintenance vehicles.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Smith, Seagren, Macklin, Hackbarth and Broecker introduced:
H. F. No. 1359, A bill for an act relating to human services; requiring vendor payments to landlords for recipients of welfare.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Skoglund, Leighton, Rhodes, Orenstein and Jefferson introduced:
H. F. No. 1360, A bill for an act relating to crime prevention; directing the peace officer standards and training board to review its minimum standards of conduct every three years; requiring certain information to be compiled; requiring a model policy regarding professional conduct to be developed; directing a study; requiring reports; appropriating money; amending Minnesota Statutes 1994, section 626.843, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
Greenfield, Van Engen, Delmont, Huntley and Lourey introduced:
H. F. No. 1361, A bill for an act relating to health; eliminating hospital peer groups for purposes of certain payments; repealing Minnesota Statutes 1994, section 256.969, subdivision 24.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Delmont; Swenson, D., and Krinkie introduced:
H. F. No. 1362, A bill for an act relating to education; modifying debt service equalization aid and levy; amending Minnesota Statutes 1994, section 124.95, subdivisions 3 and 4.
The bill was read for the first time and referred to the Committee on Education.
Pelowski, Cooper, Mulder, Marko and Vickerman introduced:
H. F. No. 1363, A bill for an act relating to health; modifying provisions relating to drug dispensing; amending Minnesota Statutes 1994, section 152.11, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Mares; Delmont; Swenson, D.; Holsten and McCollum introduced:
H. F. No. 1364, A bill for an act relating to education; providing transportation funding for service learning programs; amending Minnesota Statutes 1994, sections 124.223, subdivision 1; and 124.225, subdivision 1.
The bill was read for the first time and referred to the Committee on Education.
Kalis introduced:
H. F. No. 1365, A bill for an act relating to education; modifying the use of transportation levies to include computer hardware and software for bus routes; amending Minnesota Statutes 1994, section 124.226, subdivision 6.
The bill was read for the first time and referred to the Committee on Education.
McGuire introduced:
H. F. No. 1366, A bill for an act relating to human rights; providing for access to data in case files by the charging party; amending Minnesota Statutes 1994, section 363.061, subdivision 4.
The bill was read for the first time and referred to the Committee on Judiciary.
McCollum, Greiling, Rhodes, Pawlenty and Kelley introduced:
H. F. No. 1367, A bill for an act relating to elections; providing for election judges who are not members of a major political party; amending Minnesota Statutes 1994, sections 204B.19, subdivision 5; 204B.21, subdivision 1; 204B.25, subdivision 3; and 204C.15.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
Hugoson, Koppendrayer and Molnau introduced:
H. F. No. 1368, A bill for an act relating to agriculture; changing provisions of the fertilizer, soil amendment, and plant amendment law; amending Minnesota Statutes 1994, sections 18C.005, subdivisions 6, 13, 22, 33, 34, and by adding a subdivision; 18C.115, subdivision 2; 18C.215, subdivision 1; 18C.531, subdivision 8, and by adding a subdivision; and 18C.545, subdivision 2; repealing Minnesota Statutes 1994, section 18C.531, subdivision 26.
The bill was read for the first time and referred to the Committee on Agriculture.
Mulder, Schumacher, Boudreau, Lourey and Harder introduced:
H. F. No. 1369, A bill for an act relating to health; encouraging breast feeding; establishing a well-baby designation; exempting breast-feeding from indecent exposure; amending Minnesota Statutes 1994, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Dempsey; Ozment; Swenson, D.; Milbert and Tompkins introduced:
H. F. No. 1370, A bill for an act relating to local government; raising the curfew age for countywide curfew ordinances; amending Minnesota Statutes 1994, section 145A.05, subdivision 7a.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Opatz, Sarna, Bishop and Bradley introduced:
H. F. No. 1371, A bill for an act relating to commerce; securities; regulating disclosure of payment received for directing order flow; amending Minnesota Statutes 1994, section 80A.06, subdivision 5.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
McGuire and Johnson, R., introduced:
H. F. No. 1372, A bill for an act relating to employment; establishing the labor education advancement grant program; proposing coding for new law in Minnesota Statutes, chapter 178.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Cooper; Anderson, I.; Anderson, R.; Solberg and Mulder introduced:
H. F. No. 1373, A bill for an act relating to health; eliminating hospital peer groups for purposes of certain payments; repealing Minnesota Statutes 1994, section 256.969, subdivision 24.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Kinkel and Hasskamp introduced:
H. F. No. 1374, A bill for an act relating to education; permitting independent school district No. 2174, Pine River-Backus, to transfer funds.
The bill was read for the first time and referred to the Committee on Education.
Tunheim; Bertram; Johnson, A.; Seagren and Mares introduced:
H. F. No. 1375, A bill for an act relating to education; funding adult basic education and adult graduation aid; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Carlson, Entenza, Dorn, Kinkel and Bettermann introduced:
H. F. No. 1376, A bill for an act relating to education; establishing a grant program for nursing to be supervised by the higher education coordinating board and administered by the metropolitan healthcare foundation's project LINC; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.
The bill was read for the first time and referred to the Committee on Education.
Dehler, Wenzel, Boudreau, Otremba and Swenson, H., introduced:
H. F. No. 1377, A bill for an act relating to agriculture; clarifying certain procedures for agricultural chemical response reimbursement; amending Minnesota Statutes 1994, sections 18E.02, by adding subdivisions; and 18E.04, subdivisions 2 and 4.
The bill was read for the first time and referred to the Committee on Agriculture.
Garcia, Wagenius, Orfield, Wejcman and Jefferson introduced:
H. F. No. 1378, A bill for an act relating to highway traffic regulations; authorizing the Minneapolis city council to delegate to the city engineer certain authority over traffic and parking.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Murphy and Lourey introduced:
H. F. No. 1379, A bill for an act relating to higher education; appropriating money for Fond du Lac community college.
The bill was read for the first time and referred to the Committee on Education.
Rest, Ostrom, Bakk, Wagenius and Olson, E., introduced:
H. F. No. 1380, A bill for an act relating to taxation; individual income; eliminating the exemption for certain bonds; amending Minnesota Statutes 1994, section 290.01, subdivision 19a.
The bill was read for the first time and referred to the Committee on Taxes.
Delmont; Tomassoni; Anderson, I.; Perlt and Jefferson introduced:
H. F. No. 1381, A bill for an act relating to ice arenas; providing the Minnesota amateur sports commission with additional authority; authorizing use of county capital improvement bonds; exempting issuance of certain debt from the election requirements; providing a sales tax exemption; authorizing use of subdivision dedication for certain facilities; appropriating money; amending Minnesota Statutes 1994, sections 240A.09; 240A.10; 297A.25, by adding a subdivision; 373.40, subdivision 1; 462.358, subdivision 2b; 471.16, subdivision 1; and 475.58, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 373.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Erhardt, McGuire, Pugh and Macklin introduced:
H. F. No. 1382, A bill for an act relating to motor vehicles; prohibiting commissioner of public safety from disclosing personal information contained in motor vehicle records; providing exceptions; appropriating money; amending Minnesota Statutes 1994, section 13.69, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 1994, sections 13.99, subdivisions 54 and 56; 168.346; and 171.12, subdivision 7.
The bill was read for the first time and referred to the Committee on Judiciary.
Seagren introduced:
H. F. No. 1383, A bill for an act relating to motor vehicles; providing a reduced registration fee for automobiles registered after the 15th day of the first month of registration; amending Minnesota Statutes 1994, section 168.017, subdivision 4.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Greenfield introduced:
H. F. No. 1384, A bill for an act relating to human services; changing procedures for intermediate care facilities; establishing a study of cost-effective services; changing provisions for recovery of overpayments made to vendors; changing provisions for nursing facilities; changing vendor rates for day training and habilitation services; medical assistance; amending Minnesota Statutes 1994, sections 144.0723, subdivisions 1, 2, 3, 4, and 6; 252.292, subdivision 4; 252.46, subdivisions 1, 3, 6, 17, and by adding a subdivision; 256B.0641, subdivision 1; 256B.431, subdivisions 2j, 15, 22, 24, and by adding subdivisions; 256B.432, subdivisions 1, 2, 3, 5, and 6; 256B.501, subdivisions 1, 3, 3c, 3g, 8, and by adding subdivisions; repealing Minnesota Statutes 1994, sections 144.0723, subdivision 5; 252.47; and 256B.501, subdivisions 3d, 3e, and 3f.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Tunheim, Krinkie, Delmont and Olson, E., introduced:
H. F. No. 1385, A bill for an act relating to crime; authorizing the commissioner of public safety to appoint railroad peace officers; providing for licensing and compensation of railroad peace officers; expanding certain crimes to include committing the crimes on railroad property or property in transit by a common carrier; amending Minnesota Statutes 1994, sections 609.52, subdivision 3; 609.582, subdivisions 2, 3, 4, and by adding a subdivision; 609.595, subdivision 1; 609.605, subdivision 1, and by adding subdivisions; 626.05, subdivision 2; and 626.84, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 219.
The bill was read for the first time and referred to the Committee on Judiciary.
Bakk; Johnson, R.; Finseth and Rukavina introduced:
H. F. No. 1386, A bill for an act relating to workers' compensation; repealing the sunset of the targeted industry fund for loggers.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Murphy introduced:
H. F. No. 1387, A bill for an act relating to the community corrections act; providing that five percent of the community corrections act appropriation shall be allocated to counties according to a mileage distribution allowance; amending Minnesota Statutes 1994, section 401.10; Laws 1994, chapter 643, section 79, subdivision 4.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
Frerichs and Simoneau introduced:
H. F. No. 1388, A bill for an act relating to consumer protection; regulating prize notices and solicitations; prohibiting the imposition of shipping or handling fees or other fees or charges to obtain or use a prize; amending Minnesota Statutes 1994, section 325F.755, subdivision 2, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Jennings, Otremba, McCollum, Wejcman and Hasskamp introduced:
H. F. No. 1389, A bill for an act relating to health; eliminating hospital peer groups for purposes of certain payments; repealing Minnesota Statutes 1994, section 256.969, subdivision 24.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Broecker, Workman, Tunheim, Lieder and Weaver introduced:
H. F. No. 1390, A bill for an act relating to drivers' licenses; abolishing separate review process for commercial driver's license disqualification; amending Minnesota Statutes 1994, section 171.166, subdivision 3; repealing Minnesota Statutes 1994, section 171.166, subdivision 4.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Leppik, Frerichs and Davids introduced:
H. F. No. 1391, A bill for an act relating to health; requiring certain consent procedures before an abortion; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wejcman, Wagenius, Jefferson and Clark introduced:
H. F. No. 1392, A bill for an act relating to economic security; creating a summer youth employment demonstration program; appropriating money.
The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.
Harder and Winter introduced:
H. F. No. 1393, A bill for an act relating to education; modifying the cooperative secondary facilities program; authorizing a cooperative secondary facilities grant; authorizing the sale of bonds; appropriating money; amending Minnesota Statutes 1994, section 124.493, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education.
Harder and Winter introduced:
H. F. No. 1394, A bill for an act relating to education; modifying the cooperative secondary facilities program; authorizing a cooperative secondary facilities grant; authorizing the sale of bonds; appropriating money; amending Minnesota Statutes 1994, section 124.493, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education.
Sviggum, Hugoson and Wenzel introduced:
H. F. No. 1395, A bill for an act relating to agriculture; changing provisions governing ethanol payments; appropriating money; amending Minnesota Statutes 1994, sections 41A.09, subdivision 6, and by adding subdivisions; and 296.02, by adding a subdivision; repealing Minnesota Statutes 1994, sections 41A.09, subdivisions 2, 3, and 5; and 296.02, subdivision 7.
The bill was read for the first time and referred to the Committee on Agriculture.
Johnson, V.; Jefferson; Luther; Bettermann and Kelso introduced:
H. F. No. 1396, A bill for an act relating to animals; changing provisions relating to dogs, cats, and livestock; changing duties of the board of animal health; imposing penalties; amending Minnesota Statutes 1994, sections 35.03; 325F.79; 325F.791; 325F.792, subdivision 2; 346.36, subdivision 4; 346.37, subdivision 6; 346.39, by adding a subdivision; 346.51; 347.01; 347.04; 347.17; 347.22; and 347.54, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 31; 35; and 347; repealing Minnesota Statutes 1994, sections 325F.792, subdivision 1; 346.01; 346.02; 346.03; 346.04; 346.05; 346.06; 346.07; 346.08; 346.09; 346.10; 346.11; 346.12; 346.13; 346.14; 346.15; 346.16; 346.17; 346.18; 346.19; 346.37, subdivision 5; 346.44; 346.58; 347.02; 347.03; 347.05; 347.06; 347.07; 347.15; 347.16; and 347.39.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
Bertram introduced:
H. F. No. 1397, A bill for an act relating to civil proceedings; expanding parties eligible for fees and expenses in certain proceedings involving the state; amending Minnesota Statutes 1994, section 15.471, subdivision 6.
The bill was read for the first time and referred to the Committee on Judiciary.
Winter, Hausman, Dauner and Delmont introduced:
H. F. No. 1398, A bill for an act relating to taxation; permitting the recovery through rates of certain property taxes; amending Minnesota Statutes 1994, section 216B.16, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Skoglund, Perlt, Orenstein, Dorn and Rhodes introduced:
H. F. No. 1399, A bill for an act relating to crime; imposing penalties for assaulting a police horse while it is being used for law enforcement purposes; proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the first time and referred to the Committee on Judiciary.
Murphy introduced:
H. F. No. 1400, A bill for an act relating to taxation; prohibiting the commissioner of revenue from raising assessments on homestead property; amending Minnesota Statutes 1994, sections 270.11, subdivisions 1 and 6; and 270.12, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Munger, Wagenius, Leppik, Orfield and Boudreau introduced:
H. F. No. 1401, A bill for an act relating to health; establishing health risk values for pollutants in ambient air; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Seagren introduced:
H. F. No. 1402, A bill for an act relating to motor vehicles; authorizing issuance of original license plates 20 or more years old to a registered passenger automobile; authorizing registrar to charge a fee; amending Minnesota Statutes 1994, section 168.12, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Jefferson introduced:
H. F. No. 1403, A bill for an act relating to retirement; major statewide pension plans; specifying graded rate salary increase assumptions; amending Minnesota Statutes 1994, section 356.215, subdivision 4d.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Lieder, Kalis and Tunheim introduced:
H. F. No. 1404, A bill for an act relating to transportation; allowing commissioner of transportation to act as agent to accept federal money for nonpublic organizations for transportation purposes; increasing maximum lump sum utility adjustment amount allowed for relocating utility facility; eliminating percentage limit for funding transportation research projects and providing for federal research funds and research partnerships; allowing counties more authority in disbursing certain state-aid highway funds; eliminating requirement to have permit identifying number affixed to highway billboard; eliminating legislative route No. 331 from trunk highway system and turning it back to the jurisdiction of Fillmore county; making technical corrections; amending Minnesota Statutes 1994, sections 161.085; 161.36, subdivisions 1, 2, 3, and 4; 161.46, subdivision 3; 161.53; 162.08, subdivisions 4 and 7; 162.14, subdivision 6; 173.07, subdivision 1; 174.04; repealing Minnesota Statutes 1994, sections 161.086; 161.115, subdivision 262.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Tomassoni; Anderson, I.; Dehler; Osthoff and Bertram introduced:
H. F. No. 1405, A bill for an act relating to lotteries; authorizing the state lottery to operate video lottery terminals; creating an education trust fund; prescribing penalties; amending Minnesota Statutes 1994, sections 245.98, by adding a subdivision; 297A.259; 297E.02, subdivision 1; 349.12, subdivision 21; 349.15, subdivision 1; 349A.01, subdivisions 10, 11, 12, and by adding subdivisions; 349A.06, subdivisions 1, 5, 8, 10, and by adding subdivisions; 349A.07, subdivision 1; 349A.08, subdivisions 1, 5, and 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, and 5; 349A.11; 349A.12, subdivisions 1 and 2; 349A.13; 609.651, subdivision 1; 609.75, subdivision 4; and 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124; and 349A; repealing Minnesota Statutes 1994, sections 297E.01, subdivision 9; and 297E.02, subdivision 4.
The bill was read for the first time and referred to the Committee on Governmental Operations.
McGuire and Greiling introduced:
H. F. No. 1406, A bill for an act relating to the city of Roseville; authorizing the creation of special service districts in the city; exempting a certain hazardous substance subdistrict within a tax increment district from the LGA/HACA offset.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Marko introduced:
H. F. No. 1407, A bill for an act relating to health; modifying provisions relating to the plumbing code advisory council; establishing a work group; amending Minnesota Statutes 1994, section 326.41.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Carruthers, Luther, Haas, Weaver and Simoneau introduced:
H. F. No. 1408, A bill for an act relating to economic development; appropriating money for business retention and expansion.
The bill was read for the first time and referred to the Committee on International Trade and Economic Development.
Tunheim introduced:
H. F. No. 1409, A bill for an act relating to education; providing for a grant to independent school district No. 437, Argyle; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Tunheim introduced:
H. F. No. 1410, A bill for an act relating to education; providing for a grant to independent school district No. 690, Warroad, to operate the Angle Inlet School; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Winter, Girard, Peterson, Sviggum and Kalis introduced:
H. F. No. 1411, A bill for an act relating to agriculture; prohibiting the importation, ownership, or possession of Eurasian wild hogs; providing compensation for affected owners; amending Minnesota Statutes 1994, section 17.457, subdivisions 1, 2, and 6; repealing Minnesota Statutes 1994, section 17.457, subdivisions 3, 4, 5, 7, 8, 9, and 10.
The bill was read for the first time and referred to the Committee on Agriculture.
Kalis, Weaver, Jennings, Peterson and Schumacher introduced:
H. F. No. 1412, A bill for an act relating to municipal contracts; allowing awards of contracts to certain bidders; amending Minnesota Statutes 1994, section 471.345, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Wagenius, Trimble, Leppik, Ozment and McCollum introduced:
H. F. No. 1413, A bill for an act relating to natural resources protection; requiring disclosure of information to electric energy consumers regarding reduction of mercury emissions related to generation sources of electricity they consume; proposing coding for new law in Minnesota Statutes, chapter 116.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Weaver, Abrams and Pawlenty introduced:
H. F. No. 1414, A bill for an act relating to the governor; providing that the governor may employ special counsel in certain cases; proposing coding for new law in Minnesota Statutes, chapter 4.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Goodno, Van Engen, Daggett, Bettermann and Krinkie introduced:
H. F. No. 1415, A bill for an act relating to employment; dislocated workers; revising dislocated worker assessment provisions; amending Minnesota Statutes 1994, sections 268.022, subdivision 1; 268.06, by adding a subdivision; and 268.98, subdivision 1; repealing Minnesota Statutes 1994, section 268.9783.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Tuma introduced:
H. F. No. 1416, A bill for an act relating to licensing; electricians; eligibility requirement for applicant for master electrician licensure; amending Minnesota Statutes 1994, section 326.242, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Jennings and Broecker introduced:
H. F. No. 1417, A bill for an act relating to taxation; sales and use; exempting vitamin and mineral dietary supplements; amending Minnesota Statutes 1994, section 297A.25, subdivision 3.
The bill was read for the first time and referred to the Committee on Taxes.
Murphy, Greenfield, Macklin, Pugh and Wejcman introduced:
H. F. No. 1418, A bill for an act relating to human services; establishing a demonstration project for crime prevention.
The bill was read for the first time and referred to the Committee on Judiciary.
Cooper, Brown, Peterson, Vickerman and Kelso introduced:
H. F. No. 1419, A bill for an act relating to waters; establishing a Minnesota river basin commission to coordinate clean-up efforts; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Winter introduced:
H. F. No. 1420, A bill for an act relating to civil actions; providing immunity for certain emergency medical services personnel; proposing coding for new law in Minnesota Statutes, chapter 604A.
The bill was read for the first time and referred to the Committee on Judiciary.
Perlt, Marko and Larsen introduced:
H. F. No. 1421, A bill for an act relating to education; modifying the referendum and supplemental revenue reduction; amending Minnesota Statutes 1994, sections 124A.03, subdivision 3b; and 124A.22, subdivision 9.
The bill was read for the first time and referred to the Committee on Education.
Winter, Hugoson, Girard, Rukavina and Olson, E., introduced:
H. F. No. 1422, A bill for an act relating to taxation; expanding the sales and use tax exemption for the sale of horses; amending Minnesota Statutes 1994, sections 297A.01, subdivision 3; and 297A.25, subdivision 57.
The bill was read for the first time and referred to the Committee on Taxes.
Hausman, Munger, Pellow, Ozment and Wenzel introduced:
H. F. No. 1423, A bill for an act relating to the environment; creating the drycleaner environmental response act; requiring rulemaking; providing penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115B.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Dorn introduced:
H. F. No. 1424, A bill for an act relating to retirement; authorizing purchase of allowable service credit by a certain teachers retirement association member for time spent on extended leave of absence.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Bakk, Rukavina and Tomassoni introduced:
H. F. No. 1425, A bill for an act relating to tax-forfeited land; modifying the terms of payment for certain tax-forfeited timber; amending Minnesota Statutes 1994, section 282.04, subdivision 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Sarna introduced:
H. F. No. 1426, A bill for an act relating to motor vehicles; requiring certain notices to secured lienholders when vehicles are towed and stored; amending Minnesota Statutes 1994, section 514.20.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Jefferson introduced:
H. F. No. 1427, A bill for an act relating to retirement; Minneapolis teachers retirement fund; providing supplemental contributions to reduce the unfunded actuarial accrued liability; reallocating levy authority to special school district No. 1; reallocating direct state aid; amending Minnesota Statutes 1994, sections 124.916, subdivision 3; 354A.12, subdivisions 2, 3b, 3c, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Murphy, Macklin, Pugh, Wejcman and Mariani introduced:
H. F. No. 1428, A bill for an act relating to public safety; establishing a demonstration project for crime prevention.
The bill was read for the first time and referred to the Committee on Judiciary.
Tomassoni; Johnson, A.; Mares; Murphy and Carlson introduced:
H. F. No. 1429, A bill for an act relating to education; providing for athletic participation for pupils who enroll in a nonresident district; amending Minnesota Statutes 1994, section 120.062, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education.
Hausman introduced:
H. F. No. 1430, A bill for an act relating to human services; adjusting medical assistance hospital rate setting procedures; appropriating money; amending Minnesota Statutes 1994, section 256.9695, subdivision 3.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Bakk, Rukavina, Tomassoni and Anderson, I., introduced:
H. F. No. 1431, A bill for an act relating to wood measurement; providing standard measurements for pulpwood, firewood, and other timber; amending Minnesota Statutes 1994, section 239.33.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Winter introduced:
H. F. No. 1432, A bill for an act relating to economic development; authorizing an appropriation for a grant for the Prairieland Expo facility to be used for land acquisition; amending Laws 1994, chapter 643, section 21, subdivision 4.
The bill was read for the first time and referred to the Committee on Capital Investment.
Vickerman introduced:
H. F. No. 1433, A bill for an act relating to utilities; providing that Sleepy Eye need not provide notice to the commissioner of trade and economic development before discontinuing steam heating operations.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Dauner introduced:
H. F. No. 1434, A bill for an act relating to transportation; authorizing issuance of permits for 12-foot wide loads of baled straw; amending Minnesota Statutes 1994, sections 169.851, subdivision 1; and 169.862.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Pelowski, Milbert, Murphy, Tunheim and Johnson, A., introduced:
H. F. No. 1435, A bill for an act relating to education; exempting high school league tournament admissions from the sales tax with certain conditions; amending Minnesota Statutes 1994, section 297A.25, subdivision 30.
The bill was read for the first time and referred to the Committee on Education.
Simoneau and Bettermann introduced:
H. F. No. 1436, A bill for an act relating to workers' compensation; modifying provisions relating to procedures and benefits; changing attorney fee calculations; permitting certain agreements; amending Minnesota Statutes 1994, sections 13.82, subdivision 1; 79.211, subdivision 1; 168.012, subdivision 1; 175.16; 176.011, subdivision 25; 176.021, subdivisions 3 and 3a; 176.061, subdivision 10; 176.081, subdivisions 1, 7a, and 9; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding a subdivision; 176.102, subdivision 9; 176.105, subdivision 4; 176.106, subdivision 7; 176.111, subdivisions 6, 7, 8, 12, 14, 15, and 20; 176.135, subdivision 1; 176.178; 176.179; 176.191, subdivisions 5, 7, 8, and by adding a subdivision; 176.221, subdivision 6a; 176.238, subdivision 6; 176.645, subdivision 1; 176.66, subdivision 11; 176.82; and 268.08, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 175; and 176; repealing Minnesota Statutes 1994, sections 175.007; 176.011, subdivision 26; 176.081, subdivisions 2, 5, 7, and 8; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 176.132; and 176.133.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Goodno, Mariani, Leighton, Winter and Johnson, R., introduced:
H. F. No. 1437, A bill for an act relating to employment; requiring disclosure to recruited employees in the food processing industry; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
McGuire introduced:
H. F. No. 1438, A bill for an act relating to abuse; conforming domestic abuse definitions; including persons with certain significant relationships; allowing certain minors to petition on their own behalf for orders for protection; modifying petition requirements; providing for subsequent petitions; modifying requirements for alternate service; extending time period for certain domestic abuse arrests; providing for licensure revocation for peace officers convicted of assault; appropriating money; amending Minnesota Statutes 1994, sections 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 611A.31, subdivision 2; 626.843, by adding a subdivision; 629.341, subdivision 1; and 629.72, subdivisions 1, 2, and 6.
The bill was read for the first time and referred to the Committee on Judiciary.
Mahon; Seagren; Anderson, I.; Wolf and Kelso introduced:
H. F. No. 1439, A bill for an act relating to fiscal disparities; deleting a required adjustment to the city of Bloomington's fiscal disparities contribution; amending Minnesota Statutes 1994, section 473F.08, subdivision 3a.
The bill was read for the first time and referred to the Committee on Taxes.
Johnson, V.; Jefferson; Luther; Swenson, D., and Carlson introduced:
H. F. No. 1440, A bill for an act relating to animals; changing, clarifying, and rearranging the law on prevention of cruelty; imposing penalties; amending Minnesota Statutes 1994, sections 85A.02, subdivision 10; 343.01, subdivision 1; 343.06; 343.12; 343.20, subdivisions 2, 3, and 5; 343.23; 343.40, subdivision 2; and 346.57, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 343; repealing Minnesota Statutes 1994, sections 343.20, subdivision 4; 343.21; 343.22; and 343.235.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 127 and 831.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 127, A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited land that borders public water or natural wetlands in Hennepin county.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
S. F. No. 831, A bill for an act relating to crime; expanding the definition of "value" in the theft statute; amending Minnesota Statutes 1994, section 609.52, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 64, A bill for an act relating to corrections; requiring that the commissioner of corrections notify affected local governments before licensing certain foster care facilities for delinquent children; amending Minnesota Statutes 1994, section 241.021, subdivision 2, and by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Opatz Stanek Anderson, B. Frerichs Larsen Orenstein Sviggum Anderson, R. Garcia Leighton Orfield Swenson, D. Bakk Girard Leppik Osskopp Swenson, H. Bertram Goodno Lieder Osthoff Sykora Bettermann Greiling Lindner Ostrom Tomassoni Bishop Haas Long Otremba Tompkins Boudreau Hackbarth Lourey Ozment Trimble Bradley Harder Luther Paulsen Tuma Broecker Hasskamp Lynch Pawlenty Tunheim Brown Holsten Macklin Pellow Van Dellen Carlson Huntley Mahon Pelowski Van Engen Carruthers Jaros Mares Perlt Vickerman Clark Jefferson Mariani Peterson Wagenius Commers Jennings Marko Pugh Weaver Cooper Johnson, A. McCollum Rest Wejcman Daggett Johnson, R. McElroy Rhodes Wenzel Dauner Johnson, V. McGuire Rice Winter Davids Kahn Milbert Rostberg Wolf Dawkins Kalis Molnau Rukavina Worke Dehler Kelley Mulder Sarna Workman Delmont Kelso Munger Schumacher Sp.Anderson,I Dempsey Kinkel Murphy Seagren Dorn Knight Ness Simoneau Entenza Knoblach Olson, E. Skoglund Erhardt Koppendrayer Olson, M. Smith Farrell Kraus Onnen SolbergThe bill was passed and its title agreed to.
S. F. No. 323, A bill for an act relating to housing; clarifying provisions relating to retaliatory conduct and manufactured home parks; amending Minnesota Statutes 1994, section 327C.12.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Solberg Anderson, B. Frerichs Krinkie Opatz Stanek Anderson, R. Garcia Larsen Orenstein Sviggum Bakk Girard Leighton Orfield Swenson, D.The bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 25th Day - Top of Page 741
Bertram Goodno Leppik Osskopp Swenson, H. Bettermann Greiling Lieder Osthoff Sykora Bishop Haas Lindner Ostrom Tomassoni Boudreau Hackbarth Long Otremba Tompkins Bradley Harder Lourey Ozment Trimble Broecker Hasskamp Luther Paulsen Tuma Brown Holsten Lynch Pawlenty Tunheim Carlson Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Clark Jaros Mares Perlt Vickerman Commers Jefferson Mariani Peterson Wagenius Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rest Wejcman Dauner Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dawkins Kahn Milbert Rostberg Wolf Dehler Kalis Molnau Rukavina Worke Delmont Kelley Mulder Sarna Workman Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Simoneau Erhardt Knoblach Olson, E. Skoglund Farrell Koppendrayer Olson, M. Smith
H. F. No. 321, A bill for an act relating to game and fish; continuing the authorization for residents under the age of 16 to take deer of either sex; amending Minnesota Statutes 1994, section 97B.301, subdivision 6.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Solberg Anderson, B. Frerichs Krinkie Opatz Stanek Anderson, R. Garcia Larsen Orenstein Sviggum Bakk Girard Leighton Orfield Swenson, D. Bertram Goodno Leppik Osskopp Swenson, H. Bettermann Greiling Lieder Osthoff Sykora Bishop Haas Lindner Ostrom Tomassoni Boudreau Hackbarth Long Otremba Tompkins Bradley Harder Lourey Ozment Trimble Broecker Hasskamp Luther Paulsen Tuma Brown Holsten Lynch Pawlenty Tunheim Carlson Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Clark Jaros Mares Perlt Vickerman Commers Jefferson Mariani Peterson Wagenius Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rest Wejcman Dauner Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dawkins Kahn Milbert Rostberg Wolf Dehler Kalis Molnau Rukavina Worke Delmont Kelley Mulder Sarna Workman Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Simoneau Erhardt Knoblach Olson, E. Skoglund Farrell Koppendrayer Olson, M. SmithThe bill was passed and its title agreed to.
H. F. No. 567, A bill for an act relating to data practices; providing for disclosure of certain hospital and health care provider tax data to the commissioner of human services and the United States Department of Health and Human Services; amending Minnesota Statutes 1994, section 270B.14, subdivision 1.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Ness Skoglund Anderson, B. Finseth Koppendrayer Olson, E. Smith Anderson, R. Frerichs Kraus Olson, M. Solberg Bakk Garcia Krinkie Opatz Stanek Bertram Girard Larsen Orenstein Sviggum Bettermann Goodno Leighton Orfield Swenson, D.The bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 25th Day - Top of Page 742
Bishop Greiling Leppik Osskopp Swenson, H. Boudreau Haas Lieder Osthoff Sykora Bradley Hackbarth Lindner Ostrom Tomassoni Broecker Harder Long Otremba Tompkins Brown Hasskamp Lourey Paulsen Trimble Carlson Holsten Luther Pawlenty Tuma Carruthers Hugoson Lynch Pellow Tunheim Clark Huntley Macklin Pelowski Van Dellen Commers Jaros Mahon Perlt Van Engen Cooper Jefferson Mares Peterson Vickerman Daggett Jennings Mariani Pugh Wagenius Dauner Johnson, A. Marko Rest Weaver Davids Johnson, R. McCollum Rhodes Wejcman Dawkins Johnson, V. McElroy Rice Wenzel Dehler Kahn McGuire Rostberg Winter Delmont Kalis Milbert Rukavina Wolf Dempsey Kelley Molnau Sarna Worke Dorn Kelso Mulder Schumacher Workman Entenza Kinkel Munger Seagren Sp.Anderson,I Erhardt Knight Murphy Simoneau
H. F. No. 654, A bill for an act relating to towns; clarifying authority of town board to alter or vacate town roads dedicated by plat; clarifying procedures; amending Minnesota Statutes 1994, sections 164.06, subdivision 1; and 164.07, subdivision 1.
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 Frerichs Krinkie Opatz Stanek Anderson, B. Garcia Larsen Orenstein Sviggum Anderson, R. Girard Leighton Orfield Swenson, D. Bakk Goodno Leppik Osskopp Swenson, H. Bertram Greiling Lieder Osthoff Sykora Bettermann Haas Lindner Ostrom Tomassoni Bishop Hackbarth Long Otremba Tompkins Boudreau Harder Lourey Ozment Trimble Bradley Hasskamp Luther Paulsen Tuma Broecker Holsten Lynch Pawlenty Tunheim Brown Hugoson Macklin Pellow Van Dellen Carlson Huntley Mahon Pelowski Van Engen Carruthers Jaros Mares Perlt Vickerman Clark Jefferson Mariani Peterson Wagenius Commers Jennings Marko Pugh Weaver Cooper Johnson, A. McCollum Rest Wejcman Daggett Johnson, R. McElroy Rhodes Wenzel Dauner Johnson, V. McGuire Rice Winter Davids Kahn Milbert Rostberg Wolf Dawkins Kalis Molnau Rukavina Worke Dehler Kelley Mulder Sarna Workman Delmont Kelso Munger Schumacher Sp.Anderson,I Dempsey Kinkel Murphy Seagren Dorn Knight Ness Simoneau Entenza Knoblach Olson, E. Skoglund Erhardt Koppendrayer Olson, M. Smith Finseth Kraus Onnen SolbergThe bill was passed and its title agreed to.
H. F. No. 813, A bill for an act relating to human services; establishing a temporary payment rate for a recently purchased intermediate care facility for persons with mental retardation or related conditions; amending Minnesota Statutes 1994, section 256B.501, by adding a subdivision.
The bill was read for the 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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Solberg Anderson, B. Frerichs Krinkie Opatz Stanek Anderson, R. Garcia Larsen Orenstein Sviggum Bakk Girard Leighton Orfield Swenson, D. Bertram Goodno Leppik Osskopp Swenson, H. Bettermann Greiling Lieder Osthoff Sykora Bishop Haas Lindner Ostrom Tomassoni Boudreau Hackbarth Long Otremba Tompkins Bradley Harder Lourey Ozment Trimble Broecker Hasskamp Luther Paulsen Tuma Brown Holsten Lynch Pawlenty Tunheim Carlson Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Clark Jaros Mares Perlt Vickerman Commers Jefferson Mariani Peterson Wagenius Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rest Wejcman Dauner Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dawkins Kahn Milbert Rostberg Wolf Dehler Kalis Molnau Rukavina Worke Delmont Kelley Mulder Sarna WorkmanThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 25th Day - Top of Page 743
Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Simoneau Erhardt Knoblach Olson, E. Skoglund Farrell Koppendrayer Olson, M. Smith
H. F. No. 821, A resolution memorializing Congress to fund the Amtrak system to enable it to continue to serve Minnesota.
The bill was read for the 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 121 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Kraus Opatz Stanek Anderson, B. Finseth Krinkie Orenstein Sviggum Anderson, R. Frerichs Larsen Orfield Swenson, D. Bakk Garcia Leighton Osskopp Swenson, H. Bertram Girard Leppik Osthoff Sykora Bettermann Goodno Lieder Ostrom Tomassoni Bishop Greiling Long Otremba Tompkins Boudreau Haas Lourey Ozment Trimble Bradley Hackbarth Luther Pawlenty Tuma Broecker Harder Lynch Pellow Tunheim Brown Hasskamp Macklin Pelowski Van Dellen Carlson Holsten Mahon Perlt Van Engen Carruthers Huntley Mares Peterson Vickerman Clark Jaros Mariani Pugh Wagenius Commers Jefferson Marko Rest Weaver Cooper Jennings McElroy Rhodes Wejcman Daggett Johnson, A. McGuire Rice Wenzel Dauner Johnson, R. Milbert Rukavina Winter Davids Johnson, V. Molnau Sarna Wolf Dawkins Kahn Mulder Schumacher Worke Delmont Kalis Munger Seagren Sp.Anderson,I Dempsey Kelley Murphy Simoneau Dorn Kelso Ness Skoglund Entenza Kinkel Olson, E. Smith Erhardt Knight Onnen SolbergThose who voted in the negative were:
Dehler Koppendrayer Paulsen Workman Knoblach Lindner RostbergThe bill was passed and its title agreed to.
H. F. No. 595, A bill for an act relating to state government; giving the commissioner of finance certain authority over debts owed to the state; amending Minnesota Statutes 1994, section 16D.03, subdivision 2.
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 1 nay as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Opatz StanekThose who voted in the negative were:
JOURNAL OF THE HOUSE - 25th Day - Top of Page 744
Anderson, B. Frerichs Krinkie Orenstein Sviggum Anderson, R. Garcia Larsen Orfield Swenson, D. Bakk Girard Leighton Osskopp Swenson, H. Bertram Goodno Leppik Osthoff Sykora Bettermann Greiling Lieder Ostrom Tomassoni Bishop Haas Long Otremba Tompkins Boudreau Hackbarth Lourey Ozment Trimble Bradley Harder Luther Paulsen Tuma Broecker Hasskamp Lynch Pawlenty Tunheim Brown Holsten Macklin Pellow Van Dellen Carlson Hugoson Mahon Pelowski Van Engen Carruthers Huntley Mares Perlt Vickerman Clark Jaros Mariani Peterson Wagenius Commers Jefferson Marko Pugh Weaver Cooper Jennings McCollum Rest Wejcman Daggett Johnson, A. McElroy Rhodes Wenzel Dauner Johnson, R. McGuire Rice Winter Davids Johnson, V. Milbert Rostberg Wolf Dawkins Kahn Molnau Rukavina Worke Dehler Kalis Mulder Sarna Workman Delmont Kelley Munger Schumacher Sp.Anderson,I Dempsey Kelso Murphy Seagren Dorn Kinkel Ness Simoneau Entenza Knight Olson, E. Skoglund Erhardt Knoblach Olson, M. Smith Farrell Koppendrayer Onnen Solberg
LindnerThe bill was passed and its title agreed to.
H. F. No. 702, A bill for an act relating to traffic regulations; allowing school authorities to appoint nonpupil adults to school safety patrols; amending Minnesota Statutes 1994, section 126.15, subdivision 2.
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 Frerichs Krinkie Opatz Stanek Anderson, B. Garcia Larsen Orenstein Sviggum Anderson, R. Girard Leighton Orfield Swenson, D. Bakk Goodno Leppik Osskopp Swenson, H. Bertram Greiling Lieder Osthoff Sykora Bettermann Haas Lindner Ostrom Tomassoni Bishop Hackbarth Long Otremba Tompkins Boudreau Harder Lourey Ozment Trimble Bradley Hasskamp Luther Paulsen Tuma Broecker Holsten Lynch Pawlenty Tunheim Brown Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Clark Jaros Mares Perlt Vickerman Commers Jefferson Mariani Peterson Wagenius Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rest Wejcman Dauner Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dawkins Kahn Milbert Rostberg Wolf Dehler Kalis Molnau Rukavina Worke Delmont Kelley Mulder Sarna Workman Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Simoneau Erhardt Knoblach Olson, E. Skoglund Farrell Koppendrayer Olson, M. Smith Finseth Kraus Onnen SolbergThe bill was passed and its title agreed to.
H. F. No. 715, A bill for an act relating to towns; providing for damage award to affected property owner when town board adopts a recorded town road map; amending Minnesota Statutes 1994, section 164.35, subdivision 4.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Olson, E. Skoglund Anderson, B. Finseth Kraus Olson, M. Smith Anderson, R. Frerichs Krinkie Onnen Solberg Bakk Garcia Larsen Opatz Stanek Bertram Goodno Leighton Orenstein Sviggum Bettermann Greiling Leppik Orfield Swenson, D. Bishop Haas Lieder Osskopp Swenson, H. Boudreau Hackbarth Lindner Osthoff Sykora Bradley Harder Long Ostrom Tomassoni Broecker Hasskamp Lourey Otremba Tompkins Brown Holsten Luther Ozment Trimble Carlson Hugoson Lynch Paulsen Tuma Carruthers Huntley Macklin Pawlenty Tunheim Clark Jaros Mahon Pellow Van Dellen Commers Jefferson Mares Pelowski Van Engen Cooper Jennings Mariani Perlt Vickerman Daggett Johnson, A. Marko Peterson Wagenius Dauner Johnson, R. McCollum Pugh Weaver Davids Johnson, V. McElroy Rest Wejcman Dawkins Kahn McGuire Rhodes Wenzel Dehler Kalis Milbert Rice Winter Delmont Kelley Molnau Rostberg Wolf Dempsey Kelso Mulder Rukavina Worke Dorn Kinkel Munger Sarna Workman Entenza Knight Murphy Schumacher Sp.Anderson,I Erhardt Knoblach Ness SimoneauThe bill was passed and its title agreed to.
H. F. No. 866, A bill for an act relating to local government; authorizing home rule charter and statutory cities to make grants to nonprofit community food shelves; proposing coding for new law in Minnesota Statutes, chapter 465.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. Skoglund Anderson, B. Finseth Koppendrayer Olson, M. Smith Anderson, R. Frerichs Kraus Onnen Solberg Bakk Garcia Krinkie Opatz Stanek Bertram Girard Larsen Orenstein Sviggum Bettermann Goodno Leighton Orfield Swenson, D. Bishop Greiling Leppik Osskopp Swenson, H. Boudreau Haas Lieder Osthoff Sykora Bradley Hackbarth Lindner Ostrom Tomassoni Broecker Harder Long Otremba Tompkins Brown Hasskamp Lourey Ozment Trimble Carlson Holsten Luther Paulsen Tuma Carruthers Hugoson Lynch Pawlenty Tunheim Clark Huntley Macklin Pellow Van Dellen Commers Jaros Mahon Pelowski Van Engen Cooper Jefferson Mares Perlt Vickerman Daggett Jennings Marko Peterson Wagenius Dauner Johnson, A. McCollum Pugh Weaver Davids Johnson, R. McElroy Rest Wejcman Dawkins Johnson, V. McGuire Rhodes Wenzel Dehler Kahn Milbert Rice Winter Delmont Kalis Molnau Rostberg Wolf Dempsey Kelley Mulder Rukavina Worke Dorn Kelso Munger Schumacher Workman Entenza Kinkel Murphy Seagren Sp.Anderson,I Erhardt Knight Ness SimoneauThe bill was passed and its title agreed to.
H. F. No. 673, A bill for an act relating to insurance; regulating risk-based capital for insurers; enacting the model act of the National Association of Insurance Commissioners; amending Minnesota Statutes 1994, section 13.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.
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 Ness Simoneau Anderson, B. Finseth Koppendrayer Olson, E. Skoglund Anderson, R. Frerichs Kraus Olson, M. Smith Bakk Garcia Krinkie Onnen Solberg Bertram Girard Larsen Opatz Stanek Bettermann Goodno Leighton Orenstein Sviggum Bishop Greiling Leppik Orfield Swenson, D. Boudreau Haas Lieder Osthoff Swenson, H. Bradley Hackbarth Lindner Ostrom Sykora Broecker Harder Long Otremba Tomassoni Brown Hasskamp Lourey Ozment Tompkins Carlson Holsten Luther Paulsen Trimble Carruthers Hugoson Lynch Pawlenty Tuma Clark Huntley Macklin Pellow Tunheim Commers Jaros Mahon Pelowski Van Dellen Cooper Jefferson Mares Perlt Van Engen Daggett Jennings Mariani Peterson Vickerman Dauner Johnson, A. Marko Pugh Wagenius Davids Johnson, R. McCollum Rest Weaver Dawkins Johnson, V. McElroy Rhodes Wejcman Dehler Kahn McGuire Rice Wenzel Delmont Kalis Milbert Rostberg Winter Dempsey Kelley Molnau Rukavina Wolf Dorn Kelso Mulder Sarna Worke Entenza Kinkel Munger Schumacher Workman Erhardt Knight Murphy Seagren Sp.Anderson,IThe bill was passed and its title agreed to.
H. F. No. 778, A bill for an act relating to human services; modifying certain asset and income requirements for medical assistance; modifying the verification requirements for Minnesota supplemental aid; amending Minnesota Statutes 1994, sections 256B.056, by adding subdivisions; and 256D.405, by adding a subdivision; repealing Minnesota Statutes 1994, section 256D.425, subdivision 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Opatz Stanek Anderson, B. Frerichs Larsen Orenstein Sviggum Anderson, R. Garcia Leighton Orfield Swenson, D. Bakk Girard Leppik Osskopp Swenson, H. Bertram Goodno Lieder Osthoff Sykora Bettermann Greiling Lindner Ostrom Tomassoni Bishop Haas Long Otremba Tompkins Boudreau Hackbarth Lourey Ozment Trimble Bradley Harder Luther Paulsen Tuma Broecker Hasskamp Lynch Pawlenty TunheimThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 25th Day - Top of Page 747
Brown Holsten Macklin Pellow Van Dellen Carlson Hugoson Mahon Pelowski Van Engen Carruthers Huntley Mares Perlt Vickerman Clark Jaros Mariani Peterson Wagenius Commers Jefferson Marko Pugh Weaver Cooper Jennings McCollum Rest Wejcman Daggett Johnson, A. McElroy Rhodes Wenzel Dauner Johnson, R. McGuire Rice Winter Davids Johnson, V. Milbert Rostberg Wolf Dawkins Kalis Molnau Rukavina Worke Dehler Kelley Mulder Sarna Workman Delmont Kelso Munger Schumacher Sp.Anderson,I Dempsey Kinkel Murphy Seagren Dorn Knight Ness Simoneau Entenza Knoblach Olson, E. Skoglund Erhardt Koppendrayer Olson, M. Smith Farrell Kraus Onnen Solberg
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Wednesday, March 15, 1995:
H. F. Nos. 603, 602, 750, 413, 859, 838, 529, 544, 323, 651, 823 and 367.
H. F. No. 603, A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 270.47; 270.48; 270.485; 270.494; 270.50; 270.52; 270.53; 270.69, subdivision 10; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivision 11; 272.121, subdivision 2; 273.11, subdivision 16; 273.1398, by adding a subdivision; 273.17, subdivision 2; 275.065, subdivision 6; 276.04, subdivision 2; 284.28, subdivision 2; 289A.18, subdivision 4; 289A.50, subdivision 1; 290.032, subdivisions 1 and 2; 290A.04, subdivisions 2h and 6; 295.50, subdivisions 1 and 4; 295.53, subdivisions 1 and 5; 295.55, by adding a subdivision; 295.57; 296.01, subdivision 34; 296.025, subdivision 1; 296.12, subdivisions 3 and 4; 297A.01, subdivision 3; 297E.02, subdivisions 1, 6, and 11; 297E.031, subdivision 1; 297E.13, subdivision 5; 298.75, subdivision 2; 325D.33, subdivision 4; 349.163, subdivision 5; 428A.01, subdivision 5; 428A.03, by adding a subdivision; 428A.05; 473.446, subdivision 1; and 473.711, subdivision 2; Laws 1994, chapter 587, article 1, section 27; repealing Minnesota Statutes 1994, sections 60A.15, subdivision 7; 270.49; 270.493; and 290A.04, subdivision 2i; Laws 1988, chapter 698, section 5; and Laws 1989, First Special Session chapter 1, article 7, section 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 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, M. Skoglund Anderson, B. Frerichs Kraus Onnen Smith Anderson, R. Garcia Krinkie Opatz Solberg Bakk Girard Leighton Orenstein Stanek Bertram Goodno Leppik Orfield Sviggum Bettermann Greiling Lieder Osskopp Swenson, D. Bishop Haas Lindner Osthoff Swenson, H. Boudreau Hackbarth Long Ostrom Sykora Bradley Harder Lourey Otremba Tomassoni Broecker Hasskamp Luther Ozment Tompkins Brown Holsten Lynch Paulsen Trimble Carlson Hugoson Macklin Pawlenty Tuma Carruthers Huntley Mahon Pellow Tunheim Clark Jaros Mares Pelowski Van Dellen Commers Jefferson Mariani Perlt Van Engen Cooper Jennings Marko Peterson Vickerman Daggett Johnson, A. McCollum Pugh Wagenius Dauner Johnson, R. McElroy Rest Weaver Davids Johnson, V. McGuire Rhodes Wejcman Dehler Kahn Milbert Rice Wenzel Delmont Kalis Molnau Rostberg Winter Dempsey Kelley Mulder Rukavina Wolf Dorn Kelso Munger Sarna Worke Entenza Kinkel Murphy Schumacher Workman Erhardt Knight Ness Seagren Sp.Anderson,I Farrell Knoblach Olson, E. SimoneauThe bill was passed and its title agreed to.
H. F. No. 602 was reported to the House.
Winter moved to amend H. F. No. 602, the first engrossment, as follows:
Page 16, delete lines 2 to 20
Page 23, delete lines 32 to 36
Delete pages 24 to 25
Page 26, delete lines 1 to 13
Page 26, line 15, delete "Sections 1 and 4 are" and insert "Section 3 is"
Page 26, line 16, delete "2 and 3" and insert "1 and 2"
Page 26, line 17, delete "5" and insert "4"
Page 26, line 18, delete everything after the period
Page 26, delete lines 19 to 21
Renumber the sections in article 2 in sequence
Page 28, delete lines 31 to 36
Page 29, delete lines 1 to 3
Page 30, line 25, delete "(a)"
Page 30, delete line 26
Page 30, line 28, delete "4, 5, and 6, paragraph (a)" and insert "3, 4, and 5"
Page 30, delete lines 30 and 31
Renumber the sections in article 3 in sequence
Page 37, delete lines 20 to 36
Page 38, delete lines 1 to 24
Page 48, line 3, delete "10, 13, 18, and 20" and insert "9, 12, 17, and 19"
Page 48, line 11, delete "14, and 21" and insert "13, and 20"
Page 48, line 15, delete "11, 12, 15 to 17, 19, and 22" and insert "10, 11, 14 to 16, 18, and 21"
Page 48, delete lines 18 to 21
Renumber the sections in article 4 in sequence
Amend the title as follows:
Page 1, line 6, delete "168.012, subdivision 9;"
Page 1, line 7, delete "270.79, subdivision 4;"
Page 1, line 15, delete everything after the first semicolon
Page 1, line 16, delete "subdivision 3; 290A.07, subdivision 2a;"
Page 1, line 22, delete "297A.02, subdivision 4;"
Page 1, line 27, delete "168.013, subdivision 1j;"
Page 1, line 28, delete "297A.38;" and insert "and 297A.38."
Page 1, delete line 29
The motion prevailed and the amendment was adopted.
H. F. No. 602, A bill for an act relating to taxation; making tax policy, collection, and administrative changes; imposing penalties; amending Minnesota Statutes 1994, sections 60A.15, subdivision 12; 60A.199, subdivisions 8 and 10; 270.72, subdivisions 1, 2, and 3; 273.124, subdivisions 3 and 6; 274.14; 289A.18, subdivision 2; 289A.20, subdivision 2; 289A.38, subdivision 7; 289A.40, subdivision 1; 289A.43; 289A.55, subdivision 7; 289A.60, subdivisions 2, 12, and by adding a subdivision; 290.01, subdivision 7b; 290.015, subdivision 1; 290.191, subdivisions 1, 5, and 6; 290.92, subdivisions 1 and 23; 290.9201, subdivision 3; 294.09, subdivisions 1 and 4; 295.53, subdivision 2; 296.12, subdivisions 3, 4, and 11; 296.141, subdivisions 1, 2, and 6; 296.17, subdivisions 1, 3, 5, and 11; 296.18, subdivisions 1, 2, and 5; 297.08, subdivisions 1 and 3; 297.35, subdivision 1; 297.43, subdivision 2; 297C.02, subdivision 2; 297C.07; 297C.14, subdivision 2; 297E.11, subdivision 4; 297E.12, subdivision 2; 299F.26, subdivisions 1 and 4; proposing coding for new law in Minnesota Statutes, chapters 270; 296; and 340A; repealing Minnesota Statutes 1994, sections 270.70, subdivisions 8, 9, and 10; 297A.212; and 297A.38.
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 107 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kraus Onnen Smith Anderson, B. Farrell Larsen Opatz Solberg Anderson, R. Finseth Leighton Orenstein Stanek Bakk Garcia Leppik Orfield Sviggum Bertram Girard Lieder Osskopp Swenson, D. Bettermann Goodno Long Osthoff Swenson, H. Bishop Greiling Lourey Ostrom Sykora Boudreau Haas Luther Otremba Tomassoni Bradley Harder Lynch Ozment Trimble Brown Hasskamp Macklin Pawlenty Tunheim Carlson Hugoson Mahon Pellow Van Dellen Carruthers Huntley Mares Pelowski Vickerman Clark Jaros Mariani Perlt Wagenius Commers Jefferson Marko Peterson Weaver Cooper Johnson, A. McCollum Pugh Wejcman Daggett Johnson, R. McGuire Rest Wenzel Dauner Kalis Milbert Rhodes Winter Dawkins Kelley Molnau Rostberg Worke Delmont Kelso Munger Rukavina Sp.Anderson,I Dempsey Kinkel Murphy Sarna Dorn Knoblach Ness Schumacher Entenza Koppendrayer Olson, E. SkoglundThose who voted in the negative were:
Broecker Holsten Lindner Seagren Wolf Davids Jennings McElroy Simoneau Workman Dehler Johnson, V. Mulder Tompkins Frerichs Knight Olson, M. Tuma Hackbarth Krinkie Paulsen Van EngenThe bill was passed, as amended, and its title agreed to.
H. F. No. 750 was reported to the House.
Hasskamp moved to amend H. F. No. 750 as follows:
Page 1, after line 17, insert "The Minnesota former prisoners of war association shall pay all costs associated with those signs."
The motion prevailed and the amendment was adopted.
H. F. No. 750, A bill for an act relating to highways; designating the POW/MIA Memorial Highway; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Opatz Stanek Anderson, B. Frerichs Krinkie Orenstein Sviggum Anderson, R. Garcia Larsen Orfield Swenson, D. Bakk Girard Leighton Osskopp Swenson, H. Bertram Goodno Leppik Osthoff Sykora Bettermann Greiling Lieder Ostrom Tomassoni Bishop Haas Long Otremba Tompkins Boudreau Hackbarth Lourey Ozment Trimble Bradley Harder Luther Paulsen Tuma Broecker Hasskamp Lynch Pawlenty Tunheim Brown Holsten Macklin Pellow Van Dellen Carlson Hugoson Mahon Pelowski Van Engen Carruthers Huntley Mares Perlt Vickerman Clark Jaros Mariani Peterson Wagenius Commers Jefferson Marko Pugh Weaver Cooper Jennings McCollum Rest Wejcman Daggett Johnson, A. McElroy Rhodes Wenzel Dauner Johnson, R. McGuire Rice Winter Davids Johnson, V. Milbert Rostberg Wolf Dawkins Kahn Molnau Rukavina Worke Dehler Kalis Mulder Sarna Workman Delmont Kelley Munger Schumacher Sp.Anderson,I Dempsey Kelso Murphy Seagren Dorn Kinkel Ness Simoneau Entenza Knight Olson, E. Skoglund Erhardt Knoblach Olson, M. Smith Farrell Koppendrayer Onnen SolbergThe bill was passed, as amended, and its title agreed to.
H. F. No. 413, A bill for an act relating to highways; designating the Veterans Memorial Highway; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.
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 Farrell Knoblach Ness Skoglund Anderson, B. Finseth Koppendrayer Olson, E. Smith Anderson, R. Frerichs Kraus Olson, M. Solberg Bakk Garcia Krinkie Onnen Stanek Bertram Girard Larsen Opatz Sviggum Bettermann Goodno Leighton Orenstein Swenson, D. Bishop Greiling Leppik Orfield Swenson, H. Boudreau Haas Lieder Osskopp Tomassoni Bradley Hackbarth Lindner Osthoff Tompkins Broecker Harder Long Ostrom Trimble Brown Hasskamp Lourey Otremba Tuma Carlson Holsten Luther Ozment Tunheim Carruthers Hugoson Lynch Pawlenty Van Dellen Clark Huntley Macklin Pellow Van Engen Commers Jaros Mahon Pelowski Vickerman Cooper Jefferson Mares Perlt Wagenius Daggett Jennings Mariani Peterson Weaver Dauner Johnson, A. Marko Pugh Wejcman Davids Johnson, R. McCollum Rest Wenzel Dawkins Johnson, V. McElroy Rhodes Winter Dehler Kahn McGuire Rice Wolf Delmont Kalis Milbert Rostberg Worke Dempsey Kelley Molnau Rukavina Workman Dorn Kelso Mulder Sarna Sp.Anderson,I Entenza Kinkel Munger Schumacher Erhardt Knight Murphy SeagrenThose who voted in the negative were:
JOURNAL OF THE HOUSE - 25th Day - Top of Page 751
Paulsen SykoraThe bill was passed and its title agreed to.
H. F. No. 859, A bill for an act relating to the city of Minneapolis; authorizing the city to determine the method for the sale of unclaimed property; repealing Laws 1919, chapter 396.
The bill was read for the 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 120 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Orenstein Sviggum Anderson, B. Frerichs Leighton Orfield Swenson, D. Anderson, R. Garcia Leppik Osskopp Swenson, H. Bakk Girard Lieder Ostrom Sykora Bertram Goodno Lindner Otremba Tomassoni Bettermann Greiling Long Ozment Tompkins Bishop Haas Lourey Paulsen Trimble Boudreau Harder Luther Pawlenty Tuma Bradley Hasskamp Lynch Pelowski Tunheim Carlson Holsten Macklin Perlt Van Dellen Carruthers Hugoson Mahon Peterson Van Engen Clark Huntley Mares Pugh Vickerman Commers Jaros Mariani Rest Wagenius Cooper Jefferson Marko Rhodes Weaver Daggett Jennings McCollum Rice Wejcman Dauner Johnson, A. McGuire Rostberg Wenzel Davids Johnson, R. Milbert Rukavina Winter Dawkins Johnson, V. Molnau Sarna Wolf Dehler Kahn Mulder Schumacher Workman Delmont Kalis Munger Seagren Sp.Anderson,I Dempsey Kelley Murphy Simoneau Dorn Kelso Ness Skoglund Entenza Kinkel Olson, E. Smith Erhardt Knoblach Onnen Solberg Farrell Koppendrayer Opatz StanekThose who voted in the negative were:
Broecker Knight McElroy Worke Brown Krinkie Olson, M. Hackbarth Larsen PellowThe bill was passed and its title agreed to.
H. F. No. 838 was reported to the House.
Bishop moved to amend H. F. No. 838 as follows:
Page 2, line 25, after the period, insert "This act does not abrogate or change any rights enjoyed by employees of the county under the terms of a collective bargaining agreement in effect on the date of the transfer to the nonprofit corporation."
The motion prevailed and the amendment was adopted.
Bishop moved that H. F. No. 838, as amended, be continued on Special Orders. The motion prevailed.
H. F. No. 529, A bill for an act relating to eminent domain proceedings; amending Minnesota Statutes 1994, sections 117.065; 117.115, subdivision 2; and 117.145.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Stanek Anderson, B. Frerichs Krinkie Opatz Sviggum Anderson, R. Garcia Larsen Orenstein Swenson, D. Bakk Girard Leighton Osskopp Swenson, H. Bertram Goodno Leppik Osthoff Sykora Bettermann Greiling Lieder Ostrom Tomassoni Bishop Haas Lindner Otremba Tompkins Boudreau Hackbarth Long Ozment Trimble Bradley Harder Lourey Paulsen Tuma Broecker Hasskamp Luther Pawlenty Tunheim Brown Holsten Lynch Pellow Van Dellen Carlson Hugoson Macklin Pelowski Van Engen Carruthers Huntley Mahon Perlt Vickerman Clark Jaros Mares Peterson Wagenius Commers Jefferson Mariani Pugh Weaver Cooper Jennings Marko Rest Wejcman Daggett Johnson, A. McCollum Rhodes Wenzel Dauner Johnson, R. McElroy Rice Winter Davids Johnson, V. McGuire Rostberg Wolf Dawkins Kahn Milbert Rukavina Worke Dehler Kalis Molnau Sarna Workman Delmont Kelley Mulder Schumacher Sp.Anderson,I Dempsey Kelso Munger Seagren Dorn Kinkel Murphy Simoneau Entenza Knight Ness Skoglund Erhardt Knoblach Olson, E. Smith Farrell Koppendrayer Olson, M. SolbergThe bill was passed and its title agreed to.
H. F. No. 544, A bill for an act relating to courts; requiring the state court administrator to prepare a guide to informal probate.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Ness Skoglund Anderson, B. Finseth Koppendrayer Olson, E. Smith Anderson, R. Frerichs Kraus Olson, M. Solberg Bakk Garcia Krinkie Onnen Stanek Bertram Girard Larsen Opatz Sviggum Bettermann Goodno Leighton Orenstein Swenson, D. Bishop Greiling Leppik Orfield Swenson, H. Boudreau Haas Lieder Osskopp Sykora Bradley Hackbarth Lindner Osthoff Tomassoni Broecker Harder Long Ostrom Tompkins Brown Hasskamp Lourey Otremba Trimble Carlson Holsten Luther Ozment Tuma Carruthers Hugoson Lynch Paulsen Tunheim Clark Huntley Macklin Pawlenty Van Dellen Commers Jaros Mahon Pellow Van Engen Cooper Jefferson Mares Pelowski Vickerman Daggett Jennings Mariani Perlt Wagenius Dauner Johnson, A. Marko Peterson Weaver Davids Johnson, R. McCollum Pugh Wejcman Dawkins Johnson, V. McElroy Rest Wenzel Dehler Kahn McGuire Rhodes Winter Delmont Kalis Milbert Rostberg Wolf Dempsey Kelley Molnau Sarna Worke Dorn Kelso Mulder Schumacher Workman Entenza Kinkel Munger Seagren Sp.Anderson,I Erhardt Knight Murphy SimoneauThe bill was passed and its title agreed to.
H. F. No. 323, A bill for an act relating to housing; making the landlord the bill payer and customer of record on utility accounts in single-metered multiunit residential buildings; amending Minnesota Statutes 1994, section 504.185, subdivision 1, and by adding a subdivision.
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 120 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Larsen Orfield Swenson, D. Anderson, B. Garcia Leighton Osskopp Swenson, H. Anderson, R. Girard Leppik Osthoff Sykora Bakk Goodno Lieder Ostrom Tomassoni Bertram Greiling Long Otremba Tompkins Bettermann Haas Lourey Ozment Trimble Bishop Hackbarth Luther Pawlenty Tuma Boudreau Harder Lynch Pellow Tunheim Bradley Hasskamp Macklin Pelowski Van Dellen Broecker Holsten Mahon Perlt Van Engen Brown Hugoson Mares Peterson Vickerman Carlson Huntley Mariani Pugh Wagenius Carruthers Jaros Marko Rest Weaver Clark Jefferson McCollum Rhodes Wejcman Cooper Johnson, A. McGuire Rostberg Wenzel Daggett Johnson, R. Milbert Rukavina Winter Davids Johnson, V. Molnau Sarna Wolf Dawkins Kahn Mulder Schumacher Worke Dehler Kalis Munger Seagren Workman Delmont Kelley Murphy Simoneau Sp.Anderson,I Dempsey Kelso Ness Skoglund Dorn Kinkel Olson, M. Smith Entenza Knoblach Onnen Solberg Erhardt Koppendrayer Opatz Stanek Farrell Kraus Orenstein SviggumThose who voted in the negative were:
Commers Frerichs Knight Lindner Paulsen Dauner Jennings Krinkie Olson, E.The bill was passed and its title agreed to.
H. F. No. 651 was reported to the House.
Macklin moved to amend H. F. No. 651, the first engrossment, as follows:
Page 8, line 32, after "finds" insert "by clear and convincing evidence"
The motion prevailed and the amendment was adopted.
Bishop and Macklin moved to amend H. F. No. 651, the first engrossment, as amended, as follows:
Page 9, after line 8, insert:
"Sec. 8. Minnesota Statutes 1994, section 519.11, subdivision 2, is amended to read:
Subd. 2. [WRITING; EXECUTION.] Antenuptial or postnuptial contracts or settlements shall be in writing, executed in the presence of two witnesses and acknowledged by the parties, executing the same before any officer or person authorized to administer an oath under the laws of this state. An antenuptial contract must be entered into and executed prior to the day of solemnization of marriage. A power of attorney may not be used to accomplish the purposes of this section."
Renumber the sections in sequence
Correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 651, A bill for an act relating to probate; clarifying and correcting provisions of the uniform probate code; expanding authority for safe deposit box searches, division and merger of trusts, and granting of power-of-attorney to spouses in certain cases; amending Minnesota Statutes 1994, sections 55.10, subdivision 4; 501B.16; 501B.71, by adding a subdivision; 507.02; 519.06; 519.07; 519.11, subdivision 2; 523.23, subdivision 1; 523.24, subdivision 1; 524.1-201; 524.2-508; 524.3-914; 524.3-916; 524.3-1001; 524.3-1008; 524.3-1201; 524.3-1202; and 524.3-1203; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524; repealing Minnesota Statutes 1994, sections 525.145; and 525.51.
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 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Olson, M. Smith Anderson, B. Frerichs Krinkie Onnen Solberg Anderson, R. Garcia Larsen Opatz Stanek Bakk Girard Leighton Orenstein Sviggum Bertram Goodno Leppik Orfield Swenson, D. Bettermann Greiling Lieder Osskopp Swenson, H. Bishop Haas Lindner Osthoff Sykora Boudreau Hackbarth Long Ostrom Tomassoni Bradley Harder Lourey Otremba Tompkins Broecker Hasskamp Luther Ozment Trimble Brown Holsten Lynch Paulsen Tuma Carlson Hugoson Macklin Pawlenty Tunheim Carruthers Huntley Mahon Pellow Van Dellen Clark Jaros Mares Pelowski Van Engen Commers Jefferson Mariani Perlt Vickerman Daggett Jennings Marko Peterson Wagenius Dauner Johnson, A. McCollum Pugh Weaver Davids Johnson, R. McElroy Rest Wejcman Dawkins Johnson, V. McGuire Rhodes Wenzel Dehler Kahn Milbert Rice Winter Delmont Kalis Molnau Rostberg Wolf Dempsey Kelley Mulder Rukavina Worke Dorn Kinkel Munger Sarna Workman Entenza Knight Murphy Schumacher Sp.Anderson,I Erhardt Knoblach Ness Seagren Farrell Koppendrayer Olson, E. SkoglundThe bill was passed, as amended, and its title agreed to.
H. F. No. 823, A bill for an act relating to local government; authorizing Hennepin county to lease hospital or nursing home facilities under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 383B.
The bill was read for the 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 1 nay as follows:
Those who voted in the affirmative were:
Abrams Farrell Kraus Olson, M. Smith Anderson, B. Finseth Krinkie Onnen Solberg Anderson, R. Frerichs Larsen Opatz Stanek Bakk Garcia Leighton Orenstein Sviggum Bertram Girard Leppik Orfield Swenson, D. Bettermann Goodno Lieder Osskopp Swenson, H. Bishop Greiling Lindner Osthoff Sykora Boudreau Haas Long Ostrom TomassoniThose who voted in the negative were:
JOURNAL OF THE HOUSE - 25th Day - Top of Page 755
Bradley Hackbarth Lourey Otremba Tompkins Broecker Harder Luther Ozment Trimble Brown Hasskamp Lynch Paulsen Tuma Carlson Holsten Macklin Pawlenty Tunheim Carruthers Hugoson Mahon Pelowski Van Dellen Clark Huntley Mares Perlt Van Engen Commers Jaros Mariani Peterson Vickerman Cooper Jefferson Marko Pugh Wagenius Daggett Jennings McCollum Rest Weaver Dauner Johnson, A. McElroy Rhodes Wejcman Davids Johnson, R. McGuire Rice Wenzel Dawkins Johnson, V. Milbert Rostberg Winter Dehler Kalis Molnau Rukavina Wolf Delmont Kelley Mulder Sarna Worke Dempsey Kinkel Munger Schumacher Workman Dorn Knight Murphy Seagren Sp.Anderson,I Entenza Knoblach Ness Simoneau Erhardt Koppendrayer Olson, E. Skoglund
PellowThe bill was passed and its title agreed to.
H. F. No. 367, A bill for an act relating to debt; providing for prompt payment of subcontractors of municipal contractors; modifying certain provisions relating to liens and performance bonds; amending Minnesota Statutes 1994, sections 471.425, by adding a subdivision; 514.13; 574.28; 574.30; and 574.31, subdivisions 1 and 2.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Solberg Anderson, B. Frerichs Krinkie Opatz Stanek Anderson, R. Garcia Larsen Orenstein Sviggum Bakk Girard Leighton Orfield Swenson, D. Bertram Goodno Leppik Osskopp Swenson, H. Bettermann Greiling Lieder Osthoff Sykora Bishop Haas Lindner Ostrom Tomassoni Boudreau Hackbarth Long Otremba Tompkins Bradley Harder Lourey Ozment Trimble Broecker Hasskamp Luther Paulsen Tuma Brown Holsten Lynch Pawlenty Tunheim Carlson Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Clark Jaros Mares Perlt Vickerman Commers Jefferson Mariani Peterson Wagenius Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rest Wejcman Dauner Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dawkins Kahn Milbert Rostberg Wolf Dehler Kalis Molnau Rukavina Worke Delmont Kelley Mulder Sarna Workman Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Simoneau Erhardt Knoblach Olson, E. Skoglund Farrell Koppendrayer Olson, M. SmithThe bill was passed and its title agreed to.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Orfield moved that the name of Delmont be added as an author on H. F. No. 431. The motion prevailed.
Munger moved that the name of Tunheim be added as an author on H. F. No. 787. The motion prevailed.
Onnen moved that the name of Dehler be added as an author on H. F. No. 906. The motion prevailed.
Johnson, R., moved that the name of Dehler be added as an author on H. F. No. 947. The motion prevailed.
Wejcman moved that the name of Erhardt be added as an author on H. F. No. 984. The motion prevailed.
Mahon moved that the name of Mulder be added as an author on H. F. No. 1049. The motion prevailed.
Vickerman moved that her name be stricken as an author on H. F. No. 1204. The motion prevailed.
Milbert moved that the name of Sarna be added as an author on H. F. No. 1260. The motion prevailed.
Ostrom moved that the name of Daggett be added as an author on H. F. No. 1295. The motion prevailed.
Mariani moved that the name of Clark be added as an author on H. F. No. 1303. The motion prevailed.
Holsten moved that the names of Bertram and Mares be added as authors on H. F. No. 1306. The motion prevailed.
Mariani moved that the name of Clark be added as an author on H. F. No. 1312. The motion prevailed.
Pelowski moved that H. F. No. 307 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Governmental Operations. The motion prevailed.
The Speaker announced the following committee assignments:
Education: Add the name of Stanek.
Education/University of Minnesota Finance Division: Add the name of Stanek.
Judiciary: Add the name of Stanek.
Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 20, 1995. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, March 20, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
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