Saint Paul, Minnesota, Wednesday, April 12, 1995
The House of Representatives convened at 1:30 p.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Margaret J. Thomas, Synod Executive for
the Presbyterian Synod of Lakes and Prairies, Minneapolis,
Minnesota.
The roll was called and the following members were present:
Anderson, R., and Dauner were excused.
Milbert was excused until 1:45 p.m. Jefferson was excused
until 3:10 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Knoblach 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 Garcia Krinkie Orenstein Sviggum
Anderson, B. Girard Larsen Orfield Swenson, D.
Bakk Goodno Leighton Osskopp Swenson, H.
Bertram Greenfield 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 Hausman Lynch Pellow Van Dellen
Carlson Holsten Macklin Pelowski Van Engen
Carruthers Hugoson Mahon Perlt Vickerman
Clark Huntley Mares Peterson Wagenius
Commers Jaros Mariani Pugh Warkentin
Cooper Jennings Marko Rest Weaver
Daggett Johnson, A. McCollum Rhodes Wejcman
Davids Johnson, R. McElroy Rice Wenzel
Dawkins Johnson, V. McGuire Rostberg Winter
Dehler Kahn Molnau Rukavina Wolf
Delmont Kalis Mulder Sarna Worke
Dempsey Kelley Munger Schumacher Workman
Dorn Kelso Murphy Seagren Sp.Anderson,I
Entenza Kinkel Ness Simoneau
Erhardt Knight Olson, E. Skoglund
Farrell Knoblach Olson, M. Smith
Finseth Koppendrayer Onnen Solberg
Frerichs Kraus Opatz Stanek
A quorum was present.
S. F. No. 299 and H. F. No. 765, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Delmont moved that the rules be so far suspended that S. F. No. 299 be substituted for H. F. No. 765 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 577 and H. F. No. 744, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Tomassoni moved that S. F. No. 577 be substituted for H. F. No. 744 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1112 and H. F. No. 1291, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Anderson, B., moved that S. F. No. 1112 be substituted for H. F. No. 1291 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1144 and H. F. No. 1378, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Garcia moved that the rules be so far suspended that S. F. No. 1144 be substituted for H. F. No. 1378 and that the House File be indefinitely postponed. The motion prevailed.
Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:
H. F. No. 210, A bill for an act relating to drivers' licenses; prescribing fee for Minnesota identification card; amending Minnesota Statutes 1994, section 171.06, subdivision 2.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 1994, section 168.33, is amended by adding a subdivision to read:
Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The registrar shall allow deputy registrars to implement and follow procedures for processing applications and accepting and remitting fee payments for 30-day temporary disability permits issued under section 169.345, subdivision 3, paragraph (c), that are identical or substantially similar to the procedures required by rule for motor vehicle registration and titling transactions."
Page 1, line 19, delete "Section 1 is" and insert "Sections 1 and 2 are"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete "drivers' licenses" and insert "motor vehicles" and after "for" insert "duplicate"
Page 1, line 3, after the semicolon, insert "modifying procedures for deputy registrars to process temporary disability parking permits;"
Page 1, line 4, delete "section" and insert "sections 168.33, by adding a subdivision; and"
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 248, A bill for an act relating to energy; adding low-head or refurbished and closed system pumped hydropower to the list of preferred alternative energy sources; providing for incentive payments to closed system pumped hydropower facilities; amending Minnesota Statutes 1994, sections 216C.051, subdivision 7; and 216C.41, subdivision 1.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:
"Section 1. Minnesota Statutes 1994, section 216C.051, subdivision 7, is amended to read:
Subd. 7. [GUIDELINES; PREFERRED ELECTRIC GENERATION SOURCES; DEFINITIONS.] (a) The legislative task force on electric energy shall undertake its responsibilities in light of the guidelines specified in this subdivision.
(b) The highest priority in electric energy production and consumption is conservation of electric energy and management of demand by all segments of the community.
(c) The following energy sources for generating electric power distributed in the state, listed in their descending order of preference, based on minimizing long-term negative environmental, social, and economic burdens imposed by the specific energy sources, are:
(1) wind and solar;
(2) biomass and low-head or refurbished hydropower;
(3) decomposition gases produced by solid waste management facilities, natural gas-fired cogeneration, and waste materials or byproducts combined with natural gas;
(4) natural gas, hydropower that is not low-head or refurbished hydropower, and solid waste as a direct fuel or refuse-derived fuel; and
(5) coal and nuclear power.
(d) For the purposes of paragraph (c) within each clause, the more efficient an energy source is in generating electricity or the more efficient a technology is that utilizes an energy source, the more preferred it is for use in generating electricity for distribution and consumption in the state.
(e) For the purposes of paragraph (c), clauses (3) and (4), the use of waste materials and byproducts for generating electric power must be limited to those waste materials and byproducts that are necessarily generated or produced by efficient processes and systems. Preventing and minimizing waste and byproducts are preferred in every situation to relying on the continued generation or production of waste materials and byproducts.
(f) For the purposes of this section, "preferred" or "renewable" energy sources are those described in paragraph (c), clauses (1) to (3), and "subordinate" or "traditional" energy sources are those described in paragraph (c), clauses (4) and (5).
(g) For the purposes of this section:
(1) "biomass" means herbaceous crops, trees, agricultural waste, and aquatic plant matter, excluding mixed municipal solid waste, as defined in section 115A.03, used to generate electricity; and
(2) "low-head hydropower" means a hydropower facility that has a head of less than 66 feet.
(h) The legislative task force on electric energy is further directed to consider the appropriate placement of other energy sources in the list of preferred electric generation sources in paragraph (c), including:
(1) cogeneration gasification processes other than natural gas-fired cogeneration; and
(2) low-head, refurbished, or closed system pumped hydropower."
Amend the title as follows:
Page 1, line 2, delete everything after the semicolon
Page 1, delete line 3 and insert "directing the electric energy task force to consider new"
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. 432, A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of information collection procedures for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment involving families, counselors, and providers of day care, foster care, education, health care, social services, and other persons at risk for allegations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 10, 10b, 10e, 11, and by adding subdivisions.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 626.556, subdivision 4, is amended to read:
Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:
(1) any person making a voluntary or mandated report under subdivision 3 or under section 626.5561 or assisting in an assessment under this section or under section 626.5561;
(2) any social worker person with responsibility for
performing duties under this section or supervisor employed
by a local welfare agency or the commissioner complying
with subdivision 10d or the provisions of section
626.5561; and
(3) any public or private school, facility as defined in subdivision 2, or the employee of any public or private school or facility who permits access by a local welfare agency or local law enforcement agency and assists in an investigation or assessment pursuant to subdivision 10 or under section 626.5561.
(b) A person who is a supervisor or social worker
person with responsibility for performing duties under this
section employed by a local welfare agency or the
commissioner complying with subdivisions 10 and 11 or
section 626.5561 or any related rule or provision of law is
immune from any civil or criminal liability that might otherwise
result from the person's actions, if the person is (1)
acting in good faith and exercising due care, or (2) following
the information collection procedures established under
subdivision 10, paragraphs (h), (i), and (j).
(c) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child.
(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails in a civil action from which the person has been granted immunity under this subdivision, the court may award the person attorney fees and costs.
Sec. 2. Minnesota Statutes 1994, section 626.556, subdivision 5, is amended to read:
Subd. 5. [MALICIOUS AND RECKLESS REPORTS.] Any person who knowingly or recklessly makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.
Sec. 3. Minnesota Statutes 1994, section 626.556, subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, the local welfare agency shall immediately conduct an assessment and offer protective social services for purposes of preventing further abuses, safeguarding and enhancing the welfare of the abused or neglected minor, and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.
(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97.
(c) Authority of the local welfare agency responsible for
assessing the child abuse or neglect report and of the local law
enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without
parental consent, the alleged victim and any other minors who
currently reside with or who have resided with the alleged
perpetrator offender. The interview may take place
at school or at any facility or other place where the alleged
victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place
appropriate for the interview of a child designated by the local
welfare agency or law enforcement agency. The interview may take
place outside the presence of the perpetrator alleged
offender or parent, legal custodian, guardian, or school
official. Except as provided in this paragraph, the parent,
legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the
conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 49.02 of the Minnesota rules
of procedure for juvenile courts, the juvenile court may, after
hearing on an ex parte motion by the local welfare agency, order
that, where reasonable cause exists, the agency withhold
notification of this interview from the parent, legal custodian,
or guardian. If the interview took place or is to take place on
school property, the order shall specify that school officials
may not disclose to the parent, legal custodian, or guardian the
contents of the notification of intent to interview the child on
school property, as provided under this paragraph, and any other
related information regarding the interview that may be a part of
the child's school record. A copy of the order shall be sent by
the local welfare or law enforcement agency to the appropriate
school official.
(d) When the local welfare or local law enforcement agency determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded. Until that time, the local welfare or law enforcement agency shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.
Except where the alleged perpetrator offender is
believed to be a school official or employee, the time and place,
and manner of the interview on school premises shall be within
the discretion of school officials, but the local welfare or law
enforcement agency shall have the exclusive authority to
determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school
officials shall be reasonable and the interview shall be
conducted not more than 24 hours after the receipt of the
notification unless another time is considered necessary by
agreement between the school officials and the local welfare or
law enforcement agency. Where the school fails to comply with
the provisions of this paragraph, the juvenile court may order
the school to comply. Every effort must be made to reduce the
disruption of the educational program of the child, other
students, or school staff when an interview is conducted on
school premises.
(e) Where the perpetrator alleged offender or a
person responsible for the care of the alleged victim or other
minor prevents access to the victim or other minor by the local
welfare agency, the juvenile court may order the parents, legal
custodian, or guardian to produce the alleged victim or other
minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the
perpetrator alleged offender or any person
responsible for the child's care at reasonable places and times
as specified by court order.
(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.
(g) The commissioner, the ombudsman for mental health and mental retardation, the local welfare agencies responsible for investigating reports, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.
(h) The local welfare agency shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency may make a determination of no maltreatment early in an assessment, and close the case and retain immunity, if the collected information shows no basis for a full assessment or investigation.
Information relevant to the assessment or investigation must be asked for, and may include:
(1) the child's sex and age, prior reports of maltreatment, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child.
Nothing in this paragraph precludes the local welfare agency from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11.
(i) In the initial stages of an assessment or investigation, the local welfare agency shall conduct a face-to-face observation of the child reported to be maltreated and a face-to-face interview of the alleged offender. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.
(j) The local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. The following interviewing methods and procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.
Sec. 4. Minnesota Statutes 1994, section 626.556, subdivision 10b, is amended to read:
Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A FACILITY.] (a) The commissioner shall immediately investigate if the report alleges that:
(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, or sexually abused by an individual in that facility, or has been so neglected or abused by an individual in that facility within the three years preceding the report; or
(2) a child was neglected, physically abused, or sexually abused by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report.
The commissioner shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians.
(b) Prior to any interview, the commissioner or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c).
(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j).
Sec. 5. Minnesota Statutes 1994, section 626.556, subdivision 10e, is amended to read:
Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. Determinations under this subdivision must be made based on a preponderance of the evidence.
(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:
(1) physical abuse as defined in subdivision 2, paragraph (d);
(2) neglect as defined in subdivision 2, paragraph (c);
(3) sexual abuse as defined in subdivision 2, paragraph (a); or
(4) mental injury as defined in subdivision 2, paragraph (k).
(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.
(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.
Sec. 6. Minnesota Statutes 1994, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working days
of the conclusion of an assessment, the local welfare
agency shall notify the parent or guardian of the child, the
person determined to be maltreating the child, and if applicable,
the director of the facility, of the determinations.
Within ten working days of completing an investigation of a
licensed facility, the local welfare agency shall notify the
person alleged to be maltreating the child, the director of the
facility, and the parent or guardian of the child of the
determinations determination and a summary of the specific
reasons for the determination. The notice must also include a
certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a
notice of the right of a data subject to obtain access to other
private data on the subject collected, created, or maintained
under this section. In addition to the
determinations, the notice shall include the length of time
that the records will be kept under subdivision 11c. When there
is no determination of either maltreatment or a need for
services, the notice shall also include the alleged perpetrator's
right to have the records destroyed.
Sec. 7. Minnesota Statutes 1994, section 626.556, is amended by adding a subdivision to read:
Subd. 14. [CONFLICT OF INTEREST.] (a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider or resulting from a personal or family relationship with a party in the investigation must be considered by the local welfare agency in an effort to prevent unethical relationships.
(b) A person who conducts an assessment under this section or section 626.5561 may not have:
(1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider; or
(2) a personal or family relationship with a party in the investigation.
If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest, referral, or personal or family relationship.
Sec. 8. [INFORMATION SHEET ON INVESTIGATION PROCESS.]
The commissioner must distribute to all local welfare agencies an information sheet that summarizes the investigation process and is based upon the commissioner's report titled "Recommended Standards for Use when Investigating Reports of Maltreatment in Child Care Facilities." The local welfare agency shall give this information sheet to all parties involved in information collection procedures under Minnesota Statutes, section 626.556, subdivision 10.
Sec. 9. [ALTERNATIVE DISPUTE RESOLUTION PROCEDURES; RECOMMENDATIONS.]
The commissioner of human services, in consultation with county attorneys, law enforcement personnel, representatives of parent and foster parent groups, facilities, attorneys and other advocates who represent the interests of persons who may be accused of child abuse and neglect, other professional human services associations, and the representatives of communities of color shall review and make recommendations to the chairs of the legislative committees on health and human services, judiciary, family services, and crime prevention on possible alternative dispute resolution or fair hearing procedures to be used in reviewing and resolving issues of alleged maltreatment and determinations of whether child protective services are needed. The purpose of the alternative dispute resolution process shall be to provide a prompt and nonadversarial opportunity to resolve allegations of maltreatment. The commissioner shall make these recommendations by January 15, 1996."
Amend the title as follows:
Page 1, delete lines 13 and 14, and insert "subdivisions 4, 5, 10, 10b, 10e, 10f, and by adding a subdivision."
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:
H. F. No. 575, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; and 168.15; proposing coding for new law in Minnesota Statutes, chapter 168.
Reported the same back with the following amendments:
Page 3, line 22, delete "ten" and insert "14"
Page 4, after line 3, insert:
"Sec. 4. [REPEALER.]
Minnesota Statutes 1994, section 168A.10, subdivision 6, is repealed."
Amend the title as follows:
Page 1, line 7, before the period, insert "; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6"
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. 1479, A bill for an act relating to the environment; modifying provisions relating to the voluntary investigation and cleanup program; creating a pilot program to encourage voluntary compliance with environmental requirements; limiting penalties for facilities that perform audits, report violations, and correct the violations in a timely manner; establishing a recognition program for facilities that voluntarily meet environmental requirements; amending Minnesota Statutes 1994, section 115B.178, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 115B.03, is amended by adding a subdivision to read:
Subd. 8. [TRUSTEES.] A trustee who is not otherwise a responsible party for a release or threatened release of a hazardous substance from a facility is not a responsible person under this section solely because the facility is among the trust assets or solely because the trustee has the capacity to direct the operation of the facility.
Sec. 2. Minnesota Statutes 1994, section 115B.03, is amended by adding a subdivision to read:
Subd. 9. [PERSONAL REPRESENTATIVES OF ESTATES.] A personal representative of an estate who is not otherwise a responsible party for a release or threatened release of a hazardous substance from a facility is not a responsible person under this section solely because the facility is among the assets of the estate or solely because the personal representative has the capacity to direct the operation of the facility.
Sec. 3. Minnesota Statutes 1994, section 115B.17, is amended by adding a subdivision to read:
Subd. 2a. [CLEANUP STANDARDS.] In determining the appropriate standards to be achieved by response actions taken or requested under this section to protect public health and welfare and the environment from a release or threatened release, the commissioner shall consider the planned use of the property where the release or threatened release is located.
Sec. 4. Minnesota Statutes 1994, section 115B.175, subdivision 2, is amended to read:
Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR APPROVAL.] (a) The commissioner may approve a voluntary response action plan submitted under this section that does not require removal or remedy of all releases and threatened releases at an identified area of real property if the commissioner determines that all of the following criteria have been met:
(1) if reuse or development of the property is proposed, the
voluntary response action plan provides for all response actions
required to carry out the proposed reuse or development in a
manner that protects public health and welfare and the
environment meets the same standards for protection that
apply to response actions taken or requested under section
115B.17, subdivision 1 or 2;
(2) the response actions and the activities associated with any reuse or development proposed for the property will not aggravate or contribute to releases or threatened releases that are not required to be removed or remedied under the voluntary response action plan, and will not interfere with or substantially increase the cost of response actions to address the remaining releases or threatened releases; and
(3) the owner of the property agrees to cooperate with the commissioner or other persons acting at the direction of the commissioner in taking response actions necessary to address remaining releases or threatened releases, and to avoid any action that interferes with the response actions.
(b) Under paragraph (a), clause (3), an owner may be required to agree to any or all of the following terms necessary to carry out response actions to address remaining releases or threatened releases:
(1) to provide access to the property to the commissioner and the commissioner's authorized representatives;
(2) to allow the commissioner, or persons acting at the direction of the commissioner, to undertake activities at the property including placement of borings, wells, equipment, and structures on the property; and
(3) to grant easements or other interests in the property to the agency for any of the purposes provided in clause (1) or (2).
(c) An agreement under paragraph (a), clause (3), must apply to and be binding upon the successors and assigns of the owner. The owner shall record the agreement, or a memorandum approved by the commissioner that summarizes the agreement, with the county recorder or registrar of titles of the county where the property is located.
Sec. 5. Minnesota Statutes 1994, section 115B.175, subdivision 3, is amended to read:
Subd. 3. [SUBMISSION AND APPROVAL OF VOLUNTARY RESPONSE ACTION PLANS.] (a) A person shall submit a voluntary response action plan to the commissioner under section 115B.17, subdivision 14. The commissioner may provide assistance to review voluntary response action plans or supervise response action implementation under that subdivision.
(b) A voluntary response action plan submitted for approval of the commissioner must include an investigation report that describes the methods and results of an investigation of the releases and threatened releases at the identified area of real property. The commissioner must not approve the voluntary response action plan unless the commissioner determines that the nature and extent of the releases and threatened releases at the identified area of real property have been adequately identified and evaluated in the investigation report.
(c) Response actions required in a voluntary response action
plan under this section must meet the same standards for
protection of public health and welfare and the
environment that apply to response actions taken or requested
under section 115B.17, subdivision 1 or 2.
(d) When the commissioner approves a voluntary response action plan, the commissioner may include in the approval an acknowledgment that, upon certification of completion of the response actions as provided in subdivision 5, the person submitting the plan will receive the protection from liability provided under this section.
Sec. 6. Minnesota Statutes 1994, section 115B.178, subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION.] (a) The commissioner may issue determinations that certain actions proposed to be taken at real property subject to a release or threatened release of a hazardous substance or pollutant or contaminant will not constitute conduct associating the person with the release or threatened release for the purpose of section 115B.03, subdivision 3, clause (d). Proposed actions that may be covered by a determination under this section include response actions approved by the commissioner to address the release or threatened release, actions to improve or develop the real property, loans secured by the real property, or other similar actions. A determination may be subject to terms and conditions deemed reasonable by the commissioner. When a person takes actions in accordance with a determination issued under this subdivision, the actions do not associate the person with the release for the purpose of section 115B.03, subdivision 3, clause (d).
(b) If a person requesting a determination proposes to take
response actions at real property, The commissioner may also
issue a determination under paragraph (a) that certain actions
taken in the past at the real property did not constitute conduct
associating the person requesting the determination with
the release or threatened release for purposes of section
115B.03, subdivision 3, clause (d). The person requesting a
determination under this paragraph shall conduct an investigation
approved by the commissioner that identifies the nature and
extent of the release or threatened release or shall take
response actions in accordance with a response action plan
approved by the commissioner. Any such determination shall
be limited to the represented facts of the past actions and shall
not apply to actions that are not represented or disclosed. The
determination may be subject to such other terms and conditions
as the commissioner deems reasonable.
Sec. 7. [ENVIRONMENTAL IMPROVEMENT PILOT PROGRAM ESTABLISHED.]
An environmental improvement pilot program is established to promote voluntary compliance with environmental requirements.
Sec. 8. [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] As used in this act, the terms defined in this section have the meanings given.
Subd. 2. [AGENCY.] "Agency" means the pollution control agency.
Subd. 3. [ENVIRONMENTAL REQUIREMENT.] "Environmental requirement" means a requirement in (1) a law administered by the agency, a rule adopted by the agency, a permit or order issued by the agency, an agreement entered into with the agency, or a court order issued pursuant to any of the foregoing; or (2) an ordinance or other legally binding requirement of a local government unit under authority granted by state law relating to environmental protection, including solid and hazardous waste management.
Subd. 4. [ENVIRONMENTAL AUDIT.] "Environmental audit" means a systematic, documented, and objective review by a regulated entity of one or more facility operations and practices related to compliance with one or more environmental requirements and, if deficiencies are found, a plan for corrective action. The final audit document must be designated as an "audit report" and must include the date of the final written report of finding for the audit.
Subd. 5. [COMMISSIONER.] "Commissioner" means the commissioner of the pollution control agency.
Subd. 6. [FACILITY.] "Facility" means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person.
Subd. 7. [LOCAL GOVERNMENTAL UNIT.] "Local governmental unit" means a county, a statutory or home rule city, a town, a sanitary district, or the metropolitan area.
Subd. 8. [MAJOR FACILITY.] "Major facility" means an industrial or municipal wastewater discharge major facility as defined in rules of the agency; a feedlot that is permitted for 1,000 or more animal units; a large quantity hazardous waste generator as defined in rules of the agency; a hazardous waste treatment, storage, or disposal facility that is required to have a permit under the federal Resource Conservation and Recovery Act, United States Code, title 42, section 6925; a major stationary air emission source as defined in rules of the agency; an air emission source that emits 50 or more tons per year of any air pollutant regulated under rules of the agency; or an air emission source that emits 75 tons or more per year of all air pollutants regulated under rules of the agency.
Subd. 9. [POLLUTION PREVENTION.] "Pollution prevention" means the elimination or reduction at the source of the use, generation, or release of pollutants.
Subd. 10. [REGULATED ENTITY.] "Regulated entity" means a public or private organization that is subject to environmental requirements.
Subd. 11. [SELF-EVALUATION.] "Self-evaluation" means a systematic, documented, and objective review by a regulated entity of one or more facility operations and practices related to compliance with one or more environmental requirements, based upon an evaluation form prescribed or approved by the commissioner.
Subd. 12. [STATE.] "State" means the pollution control agency, the attorney general, and all local governmental units.
Sec. 9. [AUDITS OR SELF-EVALUATIONS.]
Subdivision 1. [QUALIFICATION TO PARTICIPATE IN PROGRAM.] To qualify for participation in the environmental improvement program, more than one year must have elapsed since the initiation of an enforcement action that resulted in the imposition of a penalty against the regulated entity. In addition, a regulated entity must:
(1) conduct an environmental audit or a self-evaluation;
(2) for a major facility, prepare a pollution prevention plan and submit progress reports in accordance with Minnesota Statutes, sections 115D.07 to 115D.09;
(3) for a facility that is not a major facility, examine pollution prevention opportunities at the facility; and
(4) submit a report in accordance with subdivision 2.
Subd. 2. [REPORT.] A regulated entity must submit a report to the commissioner within 45 days after the date of the final written report of findings for an environmental audit or within 45 days after the completion of a self-evaluation. The report must contain:
(1) a certification by the owner or operator of the facility that the applicable requirements of subdivision 1, clauses (1) to (4), have been met;
(2) a disclosure of all violations of environmental requirements that were identified in the environmental audit or self-evaluation and a brief description of proposed actions to correct the violations;
(3) a commitment signed by the owner or operator of the facility to correct the violations as expeditiously as possible under the circumstances;
(4) if more than 90 days will be required to correct the violations, a performance schedule that identifies the time that will be needed to correct the violations and a brief statement of the reasons that support the time periods set out in the performance schedule; and
(5) a description of the steps the owner or operator has taken or will take to prevent recurrence of the violations.
Sec. 10. [PUBLIC DISCLOSURE.]
The commissioner shall publish quarterly the names and locations of the facilities for which a report has been submitted under section 9, subdivision 2, and, if a performance schedule has been submitted, the proposed time period for completing performance.
Sec. 11. [REVIEW OF PERFORMANCE SCHEDULES.]
(a) A reasonable performance schedule prepared under section 9, subdivision 2, clause (4), must be approved by the commissioner. In reviewing the reasonableness of a performance schedule, the commissioner shall take into account information supplied by the regulated entity, any public comments, and information developed by agency staff. The decision about whether a performance schedule is reasonable must be based on the following factors:
(1) the nature of the violations;
(2) the environmental and public health consequences of the violations;
(3) the economic circumstances of the facility;
(4) the availability of equipment and material; and
(5) the time needed to implement pollution prevention opportunities as an alternative to pollution control approaches to remedying the violations. Information submitted to the commissioner that is trade secret information, as that term is defined in Minnesota Statutes, section 13.37, is nonpublic data under Minnesota Statutes, chapter 13.
(b) In the event of a dispute over approval of the performance schedule, the regulated entity may request a hearing under the procedures in Minnesota Rules, parts 1400.8510 to 1400.8612. A performance schedule may be amended by written agreement between the commissioner and the regulated entity.
Sec. 12. [ENFORCEMENT.]
Subdivision 1. [DEFERRED ENFORCEMENT.] The state must defer for at least 90 days to enforce an environmental requirement against the owner or operator of a facility if a report that meets the requirements of section 9, subdivision 2, has been submitted to the commissioner. If the report includes a performance schedule, and the performance schedule is approved under section 11, the state must defer enforcement for the term of the approved performance schedule unless the owner or operator of the facility fails to meet an interim performance date contained in the schedule.
Subd. 2. [PENALTIES WAIVED.] If, within 90 days after the report required in section 9, subdivision 2, is received by the commissioner or within the time specified in an approved performance schedule, the owner or operator of a facility corrects the violations identified in the audit or self-evaluation and certifies to the commissioner that the violations have been corrected, the state may not impose any administrative, civil, or criminal penalties against the owner or operator of the facility for the reported violations.
Subd. 3. [EXCEPTIONS.] Notwithstanding subdivisions 1 and 2, the state may at any time bring:
(1) a criminal enforcement action against any person who knowingly commits a violation under Minnesota Statutes, section 609.671;
(2) a civil or administrative enforcement action, which may include a penalty, under Minnesota Statutes, section 115.071 or 116.072, against the owner or operator of a facility if:
(i) less than one year has elapsed since the final resolution of a notice of violation, an administrative penalty order, or a civil or criminal lawsuit that resulted in an enforcement action being taken against the owner or operator of a facility for a violation of a requirement that was also shown as having been violated in the report required under section 9, subdivision 2; or
(ii) a violation caused serious harm to public health or the environment; or
(3) an action against the owner or operator of a facility to enjoin an imminent threat to public health or the environment.
Subd. 4. [GOOD FAITH CONSIDERATION.] If the state finds that one of the conditions in subdivision 3 exists, the state must take into account the good faith efforts of the regulated entity to comply with environmental requirements in deciding whether to pursue an enforcement action, whether an enforcement action should be civil or criminal, and what, if any, penalty should be imposed. In determining whether the regulated entity has acted in good faith, the state must consider whether:
(1) when noncompliance was discovered, the regulated entity took corrective action that was timely under the circumstances;
(2) the regulated entity exercised reasonable care in attempting to prevent the violations and ensure compliance with environmental requirements;
(3) the noncompliance resulted in significant economic benefit to the regulated entity;
(4) prior to implementing the audit or self-evaluation program, the regulated entity had a history of good faith efforts to comply with the environmental requirements;
(5) the regulated entity demonstrated good faith efforts to achieve compliance since implementing an environmental auditing or self-evaluation program; and
(6) the regulated entity has demonstrated efforts to implement pollution prevention opportunities.
Subd. 5. [VIOLATIONS DISCOVERED BY THE STATE.] Nothing in this act precludes the state from taking any enforcement action the state is authorized to take with respect to violations discovered by the state prior to the time a regulated entity has submitted to the commissioner a report that meets the requirements of section 9, subdivision 2.
Sec. 13. [GREEN STAR EMBLEM.]
A regulated entity may display at a facility a "green star" emblem designed by the commissioner if:
(1) the regulated entity qualifies for participation in the environmental improvement program under section 9;
(2) the regulated entity certifies that all violations that were identified in the audit or self-evaluation of the facility were corrected within 90 days or within the time specified in an approved performance schedule or certifies that no violations were identified in the audit or self-evaluation; and
(3) at least one year has elapsed since the final resolution of a notice of violation, an administrative penalty order, or a civil or criminal enforcement action involving the regulated entity. The emblem may be displayed for a period of two years from the time that the commissioner determines that the requirements of this section have been met.
Sec. 14. [ACCESS TO DOCUMENTS.]
Subdivision 1. [PUBLIC ACCESS.] The state may not request, inspect, or seize a final audit report, draft audit papers, a self-evaluation form, the notes or papers prepared by the auditor or the person conducting the self-evaluation in connection with the audit or self-evaluation, or the internal documents of a regulated entity establishing, coordinating, or responding to the audit or self-evaluation, other than the report required in section 9, subdivision 2, except in accordance with the agency's policy on environmental auditing, as adopted by the agency on January 24, 1995.
Subd. 2. [THIRD-PARTY ACCESS.] After receipt by the commissioner of a report that complies with section 9, subdivision 2, the final audit report, draft audit reports, the self-evaluation form, any notes or papers prepared by the auditor or by the person conducting the self-evaluation in connection with the audit or self-evaluation, and the internal documents of a regulated entity establishing, coordinating, or responding to the audit or self-evaluation covered by the report are privileged as to all persons other than the state provided that the regulated entity is in compliance with its commitments under sections 9 and 11.
Subd. 3. [NONWAIVER OF PROTECTIONS.] Participation by a regulated entity in the environmental improvement program does not waive, minimize, reduce, or otherwise adversely affect the level of protection or confidentiality that exists, under current or developing common or statutory law, with respect to any other documents relating to an environmental audit or self-evaluation.
Sec. 15. [REPORTING REQUIRED BY LAW.]
Nothing in this act alters the obligation of any regulated entity to report releases, violations, or other matters that are required to be reported by state or federal law, rule, permit, or enforcement action.
Sec. 16. [SURVIVAL OF RIGHTS AND PROTECTIONS.]
All rights and protections provided under this act shall survive the repeal of the act with respect to any report filed under section 9, subdivision 2, that is submitted before July 1, 1999.
Sec. 17. [REPEALER.]
Sections 7 to 16 are repealed effective July 1, 1999.
Sec. 18. [REPORT.]
The commissioner, in consultation with the attorney general, shall submit a report to the chairs of the environment and natural resources committees of the senate and the house of representatives by December 31, 1998, that evaluates the effectiveness of the environmental improvement pilot program and recommends whether the program should be extended."
Delete the title and insert:
"A bill for an act relating to the environment; establishing an environmental improvement pilot program to promote voluntary compliance with environmental requirements; modifying provisions relating to the voluntary investigation and cleanup program; amending Minnesota Statutes 1994, sections 115B.03, by adding subdivisions; 115B.17, by adding a subdivision; 115B.175, subdivisions 2 and 3; and 115B.178, subdivision 1."
With the recommendation that when so amended the bill pass.
The report was adopted.
Wejcman from the Committee on Health and Human Services to which was referred:
H. F. No. 1742, A bill for an act relating to health; insurance; providing for certain breast cancer coverage; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported the same back with the following amendments:
Page 1, line 14, before "The" insert "For purposes of this section"
With the recommendation that when so amended the bill be re-referred to the Committee on Financial Institutions and Insurance without further recommendation.
The report was adopted.
H. F. Nos. 210, 248, 432, 575 and 1479 were read for the second time.
S. F. Nos. 299, 577, 1112 and 1144 were read for the second time.
The following House Files were introduced:
Bettermann introduced:
H. F. No. 1832, A bill for an act relating to local government; authorizing the city of Sauk Centre to determine the number of members of the public utilities commission.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Milbert, Abrams and Pugh introduced:
H. F. No. 1833, A bill for an act relating to taxation; reducing the rate of the excise tax on sparkling wines; amending Minnesota Statutes 1994, section 297C.02, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Solberg introduced:
H. F. No. 1834, A bill for an act relating to education; appropriating money for post-secondary education and related purposes to the higher education coordinating board, Minnesota state colleges and universities, University of Minnesota, and the Mayo medical foundation, with certain conditions.
The bill was read for the first time and referred to the Committee on Ways and Means.
Anderson, B.; Boudreau; Osskopp; Knoblach and Knight introduced:
H. F. No. 1835, A bill for an act relating to state government; providing that the legislature is subject to certain laws that govern state executive agencies; requiring study of certain topics; amending Minnesota Statutes 1994, sections 16A.124, subdivision 1; 43A.05, subdivision 5; 43A.19, subdivision 1; 179A.03, subdivision 15; and 363.073, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Rest introduced:
H. F. No. 1836, A bill for an act relating to corporate franchise taxation; modifying the definition of apportionment factors; amending Minnesota Statutes 1994, section 290.191, subdivisions 1, 5, 6, and 11; repealing Minnesota Statutes 1994, section 290.191, subdivision 8.
The bill was read for the first time and referred to the Committee on Taxes.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1091, A bill for an act relating to commerce; regulating sales by transient merchants; prohibiting the sale of certain items by certain merchants; prescribing penalties; amending Minnesota Statutes 1994, sections 329.099; and 329.14; proposing coding for new law in Minnesota Statutes, chapter 329.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1307, A bill for an act relating to game and fish; identification required on ice fishing shelters; amending Minnesota Statutes 1994, section 97C.355, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 8, A senate concurrent resolution relating to adjournment for more than three days.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the rules be so far suspended that Senate Concurrent Resolution No. 8 be now considered and be placed upon its adoption. The motion prevailed.
A senate concurrent resolution relating to adjournment for more than three days.
Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:
1. Upon its adjournment on Thursday, April 13, 1995, the Senate may set its next day of meeting more than three days after the day of adjournment.
2. Upon its adjournment on Thursday, April 13, 1995, the House of Representatives may set its next day of meeting more than three days after the day of adjournment.
3. Pursuant to the Minnesota Constitution, Article IV, Section 12, the Senate consents to the adjournment of the House of Representatives for more than three days.
Carruthers moved that Senate Concurrent Resolution No. 8 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 8 was adopted.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1363, A bill for an act relating to health; modifying provisions relating to drug dispensing; amending Minnesota Statutes 1994, section 152.11, subdivisions 1 and 2.
Patrick E. Flahaven, Secretary of the Senate
Pelowski moved that the House concur in the Senate amendments to H. F. No. 1363 and that the bill be repassed as amended by the Senate. The motion prevailed.
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, subdivisions 1 and 2.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Orenstein Stanek Anderson, B. Garcia Krinkie Orfield Sviggum Bakk Girard Larsen Osskopp Swenson, D. Bertram Goodno Leppik Osthoff Swenson, H. Bettermann Greiling Lieder Ostrom Sykora Bishop Haas Lindner Otremba Tomassoni Boudreau Hackbarth Lourey Ozment Tompkins Bradley Harder Luther Paulsen Trimble Broecker Hasskamp Lynch Pawlenty Tuma Brown Hausman Macklin Pellow Tunheim Carlson Holsten Mahon Pelowski Van Dellen Carruthers Hugoson Mares Perlt Van Engen Clark Huntley Mariani Peterson Vickerman Commers Jaros Marko Pugh Wagenius Cooper Jennings McCollum Rest Warkentin Daggett Johnson, A. McElroy Rhodes Weaver Davids Johnson, R. McGuire Rice Wejcman Dawkins Johnson, V. Molnau Rostberg Wenzel Dehler Kahn Mulder Rukavina Winter Delmont Kalis Munger Sarna Wolf Dempsey Kelley Murphy Schumacher Worke Dorn Kelso Ness Seagren Workman Entenza Kinkel Olson, E. Simoneau Sp.Anderson,I Erhardt Knight Olson, M. Skoglund Farrell Knoblach Onnen Smith Finseth Koppendrayer Opatz SolbergThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 670, A bill for an act relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.
Patrick E. Flahaven, Secretary of the Senate
Pelowski moved that the House concur in the Senate amendments to H. F. No. 670 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 670, A bill for an act relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, E. Smith Anderson, B. Garcia Kraus Olson, M. Solberg Bakk Girard Krinkie Onnen Stanek Bertram Goodno Larsen Opatz Sviggum Bettermann Greenfield Leighton Orenstein Swenson, D. Bishop Greiling Leppik Orfield Swenson, H. Boudreau Haas Lieder Osskopp Sykora Bradley Hackbarth Lindner Ostrom Tomassoni Broecker Harder Long Otremba Tompkins Brown Hasskamp Lourey Ozment Trimble Carlson Hausman Luther Paulsen Tuma Carruthers Holsten Lynch Pawlenty Tunheim Clark Hugoson Macklin Pellow Van Dellen Commers Huntley Mahon Pelowski Van Engen Cooper Jaros Mares Perlt Vickerman Daggett Jennings Mariani Peterson Wagenius Davids Johnson, A. Marko Pugh Warkentin Dawkins Johnson, R. McCollum Rest Weaver Dehler Johnson, V. McElroy Rhodes Wejcman Delmont Kahn McGuire Rostberg Wenzel Dempsey Kalis Milbert Rukavina Winter Dorn Kelley Molnau Sarna Wolf Entenza Kelso Mulder Schumacher WorkeThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1885
Erhardt Kinkel Munger Seagren Workman Farrell Knight Murphy Simoneau Sp.Anderson,I Finseth Knoblach Ness Skoglund
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants and recovery fund actions; amending Minnesota Statutes 1994, sections 82.18; 82.19, subdivision 7; 82.195, subdivision 1; 82.20, subdivision 13; 82.34, subdivision 7; 82A.11, subdivision 3; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.
Patrick E. Flahaven, Secretary of the Senate
Perlt moved that the House concur in the Senate amendments to H. F. No. 457 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants and recovery fund actions; amending Minnesota Statutes 1994, sections 82.18; 82.19, subdivision 7; 82.195, subdivision 1; 82.20, subdivision 13; 82.34, subdivision 7; 82A.11, subdivision 3; 83.26, subdivision 2; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Larsen Orenstein Sviggum Anderson, B. Goodno Leighton Orfield Swenson, D. Bakk Greenfield 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 Hausman 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 Jennings Marko Pugh Warkentin Cooper Johnson, A. McCollum Rest Weaver Daggett Johnson, R. McElroy Rhodes Wejcman Davids Johnson, V. McGuire Rice Wenzel Dawkins Kahn Milbert Rostberg Winter Dehler Kalis Molnau Rukavina Wolf Dempsey Kelley Mulder Sarna Worke Dorn Kelso Munger Schumacher Workman Entenza Kinkel Murphy Seagren Sp.Anderson,I Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1886
Finseth Koppendrayer Olson, M. Smith Frerichs Kraus Onnen Solberg Garcia Krinkie Opatz Stanek
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 612, A bill for an act relating to health; requiring equal treatment of prescription drug prescribers; proposing coding for new law in Minnesota Statutes, chapter 62A.
Patrick E. Flahaven, Secretary of the Senate
Cooper moved that the House concur in the Senate amendments to H. F. No. 612 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 612, A bill for an act relating to health; requiring equal treatment of prescription drug prescribers; clarifying the role of practice guidelines in prescribing legend drugs; amending Minnesota Statutes 1994, section 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Onnen Smith Anderson, B. Garcia Krinkie Opatz Solberg Bakk Girard Larsen Orenstein Stanek Bertram Goodno Leighton Orfield Sviggum Bettermann Greenfield Leppik Osskopp Swenson, D. Bishop Greiling Lieder Osthoff Swenson, H. Boudreau Haas Lindner Ostrom Sykora Bradley Hackbarth Long Otremba Tomassoni Broecker Harder Lourey Ozment Tompkins Brown Hasskamp Luther Paulsen Trimble Carlson Hausman Lynch Pawlenty Tuma Carruthers Holsten Macklin Pellow Tunheim Clark Hugoson Mahon Pelowski Van Dellen Commers Huntley Mares Perlt Van Engen Cooper Jennings Marko Peterson Vickerman Daggett Johnson, A. McCollum Pugh Wagenius Davids Johnson, R. McElroy Rest Warkentin Dawkins Johnson, V. McGuire Rhodes Weaver Dehler Kahn Milbert Rice Wejcman Delmont Kalis Molnau Rostberg Wenzel Dempsey Kelley Mulder Rukavina Winter Dorn Kelso Munger Sarna Wolf Entenza Kinkel Murphy Schumacher Worke Erhardt Knight Ness Seagren Workman Farrell Knoblach Olson, E. Simoneau Sp.Anderson,I Finseth Koppendrayer Olson, M. SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 98, 259, 1343 and 375.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 98, A bill for an act relating to public safety; requiring owners of residential rental buildings to request criminal background checks of managers; prohibiting owners from hiring or continuing to employ certain individuals as managers and requiring notices; requiring the superintendent of the bureau of criminal apprehension to assist in the performance of the background checks; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 299C.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
S. F. No. 259, A bill for an act relating to insurance; regulating the use of genetic testing by insurers; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the first time.
Weaver moved that S. F. No. 259 and H. F. No. 278, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1343, A bill for an act relating to occupations and professions; providing for biennial license renewal for individual certified and licensed public accountants; amending Minnesota Statutes 1994, sections 326.20, subdivision 1; and 326.22, subdivision 2.
The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.
S. F. No. 375, A bill for an act relating to energy; adding pumped hydropower to the list of preferred alternative energy sources; providing for incentive payments to pumped hydropower facilities; amending Minnesota Statutes 1994, sections 216C.051, subdivision 7; and 216C.41, subdivision 1.
The bill was read for the first time.
Solberg moved that S. F. No. 375 and H. F. No. 248, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1255, A bill for an act relating to corrections; authorizing use of force in defense of assault in correctional facilities under the control of or licensed by the commissioner; amending Minnesota Statutes 1994, section 243.52.
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 Garcia Krinkie Opatz Sviggum Anderson, B. Girard Larsen Orenstein Swenson, D.The bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1888
Bakk Goodno Leighton Orfield Swenson, H. Bertram Greenfield Leppik Osskopp Sykora Bettermann Greiling Lieder Osthoff Tomassoni Bishop Haas Lindner Ostrom Tompkins Boudreau Hackbarth Long Otremba Trimble Bradley Harder Lourey Ozment Tuma Broecker Hasskamp Luther Paulsen Tunheim Brown Hausman Lynch Pawlenty Van Dellen Carlson Holsten Macklin Pellow Van Engen Carruthers Hugoson Mahon Pelowski Vickerman Clark Huntley Mares Perlt Wagenius Commers Jaros Mariani Peterson Warkentin Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rice Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher Workman Dorn Kelso Munger Seagren Sp.Anderson,I Entenza Kinkel Murphy Simoneau Erhardt Knight Ness Skoglund Farrell Knoblach Olson, E. Smith Finseth Koppendrayer Olson, M. Solberg Frerichs Kraus Onnen Stanek
H. F. No. 266, A bill for an act relating to peace officers; authorizing certain expenditures by a surviving spouse from a dependent child's share of a peace officer's survivor benefits; amending Minnesota Statutes 1994, section 299A.44.
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 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Kraus Olson, M. Smith Anderson, B. Girard Krinkie Onnen Stanek Bakk Goodno Larsen Opatz Sviggum Bertram Greenfield Leighton Orenstein Swenson, D. Bettermann Greiling Leppik Orfield Swenson, H. Bishop Haas Lieder Osskopp Sykora Boudreau Hackbarth Lindner Osthoff Tomassoni Bradley Harder Long Ostrom Tompkins Broecker Hasskamp Lourey Otremba Trimble Brown Hausman Luther Ozment Tuma Carlson Holsten Lynch Paulsen Tunheim Carruthers Hugoson Macklin Pawlenty Van Dellen Clark Huntley Mahon Pellow Van Engen Commers Jaros Mares Pelowski Vickerman Cooper Jennings Mariani Perlt Wagenius Daggett Johnson, A. Marko Peterson Warkentin Davids Johnson, R. McCollum Pugh Weaver Dawkins Johnson, V. McElroy Rest Wejcman Dehler Kahn McGuire Rhodes Wenzel Delmont Kalis Milbert Rostberg Winter Dempsey Kelley Molnau Rukavina Wolf Dorn Kelso Mulder Sarna Worke Entenza Kinkel Munger Schumacher Sp.Anderson,I Erhardt Knight Murphy Seagren Farrell Knoblach Ness Simoneau Frerichs Koppendrayer Olson, E. SkoglundThe bill was passed and its title agreed to.
S. F. No. 348, A bill for an act relating to motor vehicles; clarifying power to appoint motor vehicle deputy registrars; amending Minnesota Statutes 1994, section 373.35, subdivision 1.
The bill was read for the 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 Garcia Krinkie Orenstein SviggumThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1889
Anderson, B. Girard Larsen Orfield Swenson, D. Bakk Goodno Leighton Osskopp Swenson, H. Bertram Greenfield 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 Hausman Lynch Pellow Van Dellen Carlson Holsten Macklin Pelowski Van Engen Carruthers Hugoson Mahon Perlt Vickerman Clark Huntley Mares Peterson Wagenius Commers Jaros Mariani Pugh Warkentin Cooper Jennings Marko Rest Weaver Daggett Johnson, A. McElroy Rhodes Wejcman Davids Johnson, R. McGuire Rice Wenzel Dawkins Johnson, V. Milbert Rostberg Winter Dehler Kahn Molnau Rukavina Wolf Delmont Kalis Mulder Sarna Worke Dempsey Kelley Munger Schumacher Workman Dorn Kelso Murphy Seagren Sp.Anderson,I Entenza Kinkel Ness Simoneau Erhardt Knight Olson, E. Skoglund Farrell Knoblach Olson, M. Smith Finseth Koppendrayer Onnen Solberg Frerichs Kraus Opatz Stanek
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 printed Special Orders for today:
H. F. No. 1207; S. F. No. 133; H. F. No. 641; S. F. Nos. 830 and 839; H. F. Nos. 1238 and 1485; S. F. Nos. 687 and 446; and H. F. No. 1678.
H. F. No. 1207, A bill for an act relating to traffic regulations; increasing maximum length of certain combinations of vehicles from 65 to 70 feet; amending Minnesota Statutes 1994, section 169.81, 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 121 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Olson, M. Stanek Anderson, B. Frerichs Krinkie Onnen Sviggum Bakk Garcia Larsen Opatz Swenson, D. Bertram Girard Leighton Orenstein Swenson, H. Bettermann Greiling Leppik Orfield Sykora Bishop Haas Lieder Osskopp Tomassoni Boudreau Hackbarth Lindner Osthoff Tompkins Bradley Harder Lourey Ostrom Trimble Broecker Hasskamp Luther Otremba Tuma Brown Hausman Lynch Ozment Tunheim Carlson Holsten Macklin Paulsen Van Dellen Carruthers Hugoson Mahon Pawlenty Van Engen Clark Huntley Mares Pellow Vickerman Commers Jaros Mariani Pelowski Wagenius Cooper Jennings Marko Peterson Warkentin Daggett Johnson, A. McCollum Pugh Weaver Davids Johnson, R. McElroy Rest Wejcman Dawkins Johnson, V. McGuire Rhodes Wenzel Dehler Kalis Milbert Rice Winter Delmont Kelley Molnau Rostberg Workman Dempsey Kelso Mulder Rukavina Sp.Anderson,I Dorn Kinkel Munger Schumacher Entenza Knight Murphy Simoneau Erhardt Knoblach Ness Smith Farrell Koppendrayer Olson, E. SolbergThose who voted in the negative were:
Goodno Perlt Seagren Wolf Greenfield Sarna Skoglund WorkeThe bill was passed and its title agreed to.
S. F. No. 133 was reported to the House.
Bakk moved to amend S. F. No. 133 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [PRIVATE SALE OF TAX-FORFEITED LAND; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Cook county may sell by private sale to the Grand Portage Band of Chippewa Indians the lands bordering public waters that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The lands that may be conveyed are located in Cook county and are described as:
(1) Township 63 North, Range 5 East, Section 25, part of Government Lot 1, consisting of 6.54 acres, parcel number 57-325-1125;
(2) Township 63 North, Range 5 East, Section 25, that part of Government Lot 3 lying south of the southern right-of-way of state highway 61, consisting of 10.5 acres, parcel number 57-325-1300; and
(3) Township 63 North, Range 7 East, Section 5, part of Government Lot 9, consisting of three acres, parcel number 59-305-1100.
(d) The lands are located within the Grand Portage Indian Reservation and the county wishes to assist the Grand Portage Band of Chippewa Indians in acquiring lands within the reservation.
Sec. 2. [SALE OF TAX-FORFEITED LAND; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, the conveyance by Cook county in October 1993, of the tax-forfeited land bordering public waters that is described in paragraph (b), is hereby ratified.
(b) The land that was conveyed is located in Cook county and is described as: the one acre southwest corner of Government Lot 6, Township 63 North, Range 5 East, Section 31.
(c) Through an error, the county sold the land to a private party in October 1993, without legislative authorization. The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.
Sec. 3. [SALE OF STATE LAND IN ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell the school trust land bordering public waters described in paragraph (b) in accordance with the procedures in Minnesota Statutes, chapter 92, for sale of school trust lands.
(b) The land to be sold is located in St. Louis county and is described as: part of Lot 1, Block 2, Perch Lake Homesite Addition, according to the plat thereof on file and of record in the office of the county recorder, and parts of the unplatted portions of Government Lots 7 and 8, Section 16, Township 60 North, Range 21 West.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited lands bordering public waters in Cook and St. Louis counties."
The motion prevailed and the amendment was adopted.
S. F. No. 133, A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited lands bordering public waters in Cook county.
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 122 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Krinkie Opatz Solberg Anderson, B. Garcia Larsen Orenstein Stanek Bakk Girard Leighton Orfield Sviggum Bertram Goodno Leppik Osskopp Swenson, D. Bettermann Greiling Lieder Osthoff Swenson, H. Bishop Hackbarth Lindner Ostrom Sykora Boudreau Harder Long Otremba Tomassoni Bradley Hasskamp Lourey Ozment Tompkins Broecker Holsten Luther Paulsen Tuma Brown Hugoson Lynch Pawlenty Tunheim Carlson Huntley Macklin Pellow Van Dellen Carruthers Jaros Mahon Pelowski Van Engen Clark Jennings Mares Perlt Vickerman Commers Johnson, A. Mariani Peterson Wagenius Cooper Johnson, R. Marko Pugh Warkentin Daggett Johnson, V. McCollum Rest Weaver Davids Kahn McElroy Rhodes Wejcman Dehler Kalis McGuire Rostberg Wenzel Delmont Kelley Milbert Rukavina Winter Dempsey Kelso Molnau Sarna Worke Dorn Kinkel Murphy Schumacher Workman Entenza Knight Ness Seagren Sp.Anderson,I Erhardt Knoblach Olson, E. Simoneau Farrell Koppendrayer Olson, M. Skoglund Finseth Kraus Onnen SmithThose who voted in the negative were:
Dawkins Hausman Munger Wolf Haas Mulder TrimbleThe bill was passed, as amended, and its title agreed to.
Kelso was excused for the remainder of today's session.
H. F. No. 641 was reported to the House.
The bill was read for the third time.
Brown requested unanimous consent to offer an amendment to H. F. No. 641. The request was granted.
Brown moved to amend H. F. No. 641, the first engrossment, as follows:
Page 2, line 19, delete "a city, county, town, school district," and insert "an agency"
Page 2, delete line 20
Page 2, line 24, delete "may seek" and insert "will grant"
The motion prevailed and the amendment was adopted.
Pawlenty moved that the action whereby H. F. No. 641 was given its third reading earlier today be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Pawlenty motion and the roll was called. There were 61 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Leppik Paulsen Tuma Anderson, B. Goodno Lindner Pawlenty Van Dellen Bettermann Haas Lynch Pellow Van Engen Bishop Hackbarth Macklin Rhodes Vickerman Boudreau Harder Mares Rostberg Warkentin Bradley Holsten McElroy Seagren Weaver Broecker Hugoson Molnau Smith Wolf Commers Knight Mulder Stanek Worke Daggett Knoblach Ness Sviggum Workman Davids Koppendrayer Olson, M. Swenson, D. Dehler Kraus Onnen Swenson, H. Dempsey Krinkie Osskopp Sykora Erhardt Larsen Ozment TompkinsThose who voted in the negative were:
Bakk Greenfield Leighton Opatz Schumacher Bertram Greiling Lieder Orenstein Simoneau Brown Hasskamp Long Orfield Skoglund Carlson Hausman Lourey Osthoff Solberg Carruthers Huntley Luther Ostrom Tomassoni Clark Jaros Mahon Otremba Trimble Cooper Jennings Mariani Pelowski Tunheim Dawkins Johnson, A. Marko Perlt Wagenius Delmont Johnson, R. McCollum Peterson Wejcman Dorn Johnson, V. McGuire Pugh Wenzel Entenza Kahn Milbert Rest Winter Farrell Kalis Munger Rice Sp.Anderson,I Finseth Kelley Murphy Rukavina Garcia Kinkel Olson, E. SarnaThe motion did not prevail.
H. F. No. 641, A bill for an act relating to public administration; providing a deadline for certain actions by local government agencies; proposing coding for new law in Minnesota Statutes, chapter 15.
The bill, as amended, was placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 88 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Bakk Frerichs Kraus Orenstein Skoglund Bertram Garcia Leighton Orfield Smith Bettermann Greenfield Leppik Osskopp Solberg Boudreau Greiling Lieder Osthoff Stanek Brown Hackbarth Long Ostrom Sviggum Carlson Hasskamp Luther Otremba Tomassoni Carruthers Hausman Mahon Pellow Tompkins Clark Holsten Mariani Pelowski Trimble Cooper Huntley Marko Perlt Tunheim Daggett Jaros McCollum Peterson Van Dellen Davids Jennings McGuire Pugh Van Engen Dawkins Johnson, A. Milbert Rest Wagenius Delmont Johnson, R. Munger Rhodes Wejcman Dempsey Kahn Murphy Rice Wenzel Dorn Kalis Ness Rukavina Winter Entenza Kelley Olson, E. Sarna Sp.Anderson,I Farrell Kinkel Onnen Schumacher Finseth Knoblach Opatz SimoneauThose who voted in the negative were:
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1893
Abrams Goodno Lindner Paulsen Warkentin Anderson, B. Haas Lynch Pawlenty Weaver Bishop Harder Macklin Rostberg Wolf Bradley Hugoson Mares Seagren Worke Broecker Johnson, V. McElroy Swenson, D. Workman Commers Knight Molnau Swenson, H. Dehler Koppendrayer Mulder Sykora Erhardt Krinkie Olson, M. Tuma Girard Larsen Ozment VickermanThe bill was passed, as amended, and its title agreed to.
S. F. No. 830 was reported to the House.
Johnson, R., moved that S. F. No. 830 be continued on Special Orders until Wednesday, April 19, 1995. The motion prevailed.
S. F. No. 839 was reported to the House.
Cooper moved that S. F. No. 839 be continued on Special Orders. The motion prevailed.
H. F. No. 1238 was reported to the House.
Van Dellen, Workman, Sykora and Smith moved to amend H. F. No. 1238, the second engrossment, as follows:
Page 24, after line 3, insert:
"Sec. 29. Minnesota Statutes 1994, section 103B.611, subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The district is governed by a
board composed of members elected appointed by the
governing bodies of the municipalities included in the district.
Each municipality shall elect may appoint one
member.
Sec. 30. Minnesota Statutes 1994, section 103B.611, subdivision 2, is amended to read:
Subd. 2. [TERM.] The term of office of each board member is three years unless the appointing municipality recalls the member and either appoints another member for the balance of the term or leaves the office vacant for the balance of the term. This subdivision applies both to members serving on the effective date of this act and to members appointed after the effective date of this act."
Page 24, after line 6, insert:
"Sec. 32. [EFFECTIVE DATE.]
Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 29 takes effect, without local approval, the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Knight moved to amend H. F. No. 1238, the second engrossment, as amended, as follows:
Page 5, lines 13 and 22, delete "and the metropolitan council"
Page 9, line 9, delete "metropolitan council, the"
Page 9, lines 22 to 34, delete the new language
Page 10, line 24, strike "METROPOLITAN COUNCIL" and delete "AND"
Page 10, line 29, strike "metropolitan council" and delete ", the"
Page 12, line 8, delete the new language
Page 12, line 9, delete "metropolitan council,"
Page 15, lines 16 to 18, reinstate the stricken language
Page 18, line 2, delete "the metropolitan council,"
Page 18, lines 18 to 29, delete the new language
Page 19, line 2, strike "METROPOLITAN COUNCIL" and delete "AND"
Page 19, line 7, strike "the metropolitan council" and delete the comma
Page 20, line 19, delete "metropolitan council, the"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Knight amendment and the roll was called. There were 42 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Abrams Goodno Koppendrayer Osskopp Tuma Anderson, B. Haas Kraus Paulsen Van Engen Boudreau Hackbarth Krinkie Pellow Warkentin Broecker Holsten Lindner Rostberg Wolf Commers Huntley Macklin Seagren Worke Daggett Jaros McElroy Sviggum Workman Dehler Johnson, V. Mulder Swenson, H. Finseth Knight Munger Sykora Girard Knoblach Olson, M. TompkinsThose who voted in the negative were:
Bakk Garcia Long Osthoff Solberg Bertram Greenfield Lourey Ostrom Stanek Bettermann Greiling Luther Otremba Swenson, D. Bradley Hasskamp Lynch Ozment Tomassoni Brown Hausman Mahon Pawlenty Trimble Carlson Hugoson Mares Pelowski Tunheim Carruthers Jefferson Mariani Perlt Van Dellen Clark Jennings Marko Peterson Vickerman Cooper Johnson, A. McCollum Pugh Wagenius Davids Johnson, R. McGuire Rest Weaver Dawkins Kahn Milbert Rhodes Wejcman Delmont Kalis Molnau Rice Wenzel Dempsey Kelley Murphy Rukavina Winter Dorn Kinkel Ness Sarna Sp.Anderson,I Entenza Larsen Olson, E. Schumacher Erhardt Leighton Opatz Simoneau Farrell Leppik Orenstein Skoglund Frerichs Lieder Orfield SmithThe motion did not prevail and the amendment was not adopted.
H. F. No. 1238, A bill for an act relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.205, by adding a subdivision; 103B.211, subdivision 1; 103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a subdivision; 103B.235, subdivision 3; 103B.241, subdivision 1; 103B.245, subdivisions 1 and 4; 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; and 103B.355; proposing coding for new law in Minnesota Statutes, chapter 103B; repealing Minnesota Statutes 1994, sections 103B.227, subdivision 6; 103B.231, subdivisions 5 and 12; and 103B.3365.
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 114 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abrams Greenfield Leighton Orenstein Stanek Bakk Greiling Leppik Orfield Sviggum Bertram Haas Lieder Osthoff Swenson, D. Bishop Hackbarth Lindner Ostrom Swenson, H. Boudreau Harder Long Otremba Sykora Bradley Hasskamp Lourey Ozment Tomassoni Brown Hausman Luther Paulsen Tompkins Carlson Holsten Lynch Pawlenty Trimble Carruthers Hugoson Macklin Pelowski Tuma Clark Huntley Mahon Perlt Tunheim Commers Jaros Mares Peterson Van Dellen Cooper Jefferson Mariani Pugh Van Engen Davids Jennings Marko Rest Vickerman Dawkins Johnson, A. McCollum Rhodes Wagenius Dehler Johnson, R. McElroy Rice Warkentin Delmont Johnson, V. McGuire Rostberg Weaver Dempsey Kahn Milbert Rukavina Wejcman Dorn Kalis Molnau Sarna Wenzel Entenza Kelley Munger Schumacher Winter Erhardt Kinkel Murphy Seagren Worke Farrell Koppendrayer Ness Skoglund Workman Garcia Kraus Olson, E. Smith Sp.Anderson,I Goodno Larsen Opatz SolbergThose who voted in the negative were:
Anderson, B. Finseth Knoblach Osskopp Bettermann Frerichs Krinkie Pellow Broecker Girard Mulder Wolf Daggett Knight Olson, M.The bill was passed, as amended, and its title agreed to.
H. F. No. 1485, A bill for an act relating to occupations and professions; permitting protective agents to perform certain traffic control duties; amending Minnesota Statutes 1994, section 326.338, 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 74 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Frerichs Kinkel Murphy Rukavina Bakk Garcia Krinkie Ness Schumacher Bertram Girard Leighton Olson, E. Simoneau Brown Greenfield Leppik Onnen Skoglund Carlson Greiling Lieder Opatz Solberg Carruthers Hasskamp Long Orenstein Tomassoni Clark Hausman Lourey Orfield Trimble Commers Huntley Luther Osthoff Tunheim Cooper Jaros Mahon Ostrom Wagenius Dawkins Jefferson Mariani Ozment Wejcman Delmont Johnson, A. Marko Pelowski Wenzel Dempsey Johnson, R. McCollum Perlt Winter Dorn Kahn McGuire Peterson Workman Entenza Kalis Milbert Pugh Sp.Anderson,I Farrell Kelley Munger RestThose who voted in the negative were:
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1896
Abrams Goodno Kraus Otremba Swenson, H. Bettermann Haas Larsen Paulsen Sykora Bishop Hackbarth Lindner Pellow Tompkins Boudreau Harder Lynch Rhodes Tuma Bradley Holsten Macklin Rostberg Van Dellen Broecker Hugoson Mares Sarna Van Engen Daggett Jennings McElroy Seagren Vickerman Davids Johnson, V. Molnau Smith Warkentin Dehler Knight Mulder Stanek Weaver Erhardt Knoblach Olson, M. Sviggum Wolf Finseth Koppendrayer Osskopp Swenson, D. WorkeThe bill was passed and its title agreed to.
S. F. No. 687, A bill for an act relating to traffic regulations; requiring minimum clearance when passing bicycle or individual on roadway or bikeway; requiring bicycle traffic laws to be included in driver's manual and driver's license tests; amending Minnesota Statutes 1994, sections 169.18, subdivision 3; 169.222, subdivision 4; and 171.13, 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 123 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, M. Smith Anderson, B. Garcia Kraus Onnen Solberg Bakk Girard Larsen Opatz Stanek Bertram Goodno Leighton Orenstein Sviggum Bettermann Greenfield Leppik Orfield Swenson, D. Bishop Greiling Lieder Osskopp Swenson, H. Boudreau Haas Lindner Ostrom Sykora Bradley Harder Long Otremba Tomassoni Broecker Hasskamp Lourey Ozment Tompkins Brown Hausman Luther Paulsen Trimble Carlson Holsten Macklin Pawlenty Tuma Carruthers Hugoson Mahon Pellow Tunheim Clark Huntley Mares Pelowski Van Engen Commers Jaros Mariani Perlt Vickerman Cooper Jefferson Marko Peterson Wagenius Daggett Jennings McCollum Pugh Warkentin Davids Johnson, A. McElroy Rest Wejcman Dawkins Johnson, R. McGuire Rhodes Wenzel Dehler Johnson, V. Milbert Rostberg Winter Delmont Kahn Molnau Rukavina Wolf Dempsey Kalis Mulder Sarna Worke Dorn Kelley Munger Schumacher Workman Entenza Kinkel Murphy Seagren Sp.Anderson,I Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. SkoglundThose who voted in the negative were:
Frerichs Krinkie Osthoff Hackbarth Lynch WeaverThe bill was passed and its title agreed to.
S. F. No. 446, A bill for an act relating to commerce; restraint of trade; repealing price markup provisions in the sales discrimination law; amending Minnesota Statutes 1994, section 325D.06; and repealing Minnesota Statutes 1994, section 325D.08.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Larsen Orfield Sviggum Anderson, B. Goodno Leighton Osskopp Swenson, D. Bakk Greenfield Leppik Osthoff Swenson, H. Bertram Greiling Lieder Ostrom Sykora Bettermann Haas Lindner Otremba Tomassoni Bishop Hackbarth Long Ozment Tompkins Boudreau Harder Lourey Paulsen Trimble Bradley Hasskamp Luther Pawlenty Tuma Broecker Hausman Lynch Pellow Tunheim Brown Holsten Macklin Pelowski Van Dellen Carlson Hugoson Mahon Perlt Van Engen Carruthers Huntley Mares Peterson Vickerman Clark Jaros Mariani Pugh Wagenius Commers Jefferson Marko Rest Warkentin Cooper Johnson, A. McCollum Rhodes Weaver Daggett Johnson, R. McElroy Rice Wejcman Davids Johnson, V. McGuire Rostberg Wenzel Dawkins Kahn Milbert Rukavina Winter Delmont Kalis Molnau Sarna Wolf Dempsey Kelley Mulder Schumacher Worke Dorn Kinkel Murphy Seagren WorkmanThose who voted in the negative were:
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1897
Entenza Knight Ness Simoneau Sp.Anderson,I Erhardt Knoblach Olson, M. Skoglund Farrell Koppendrayer Onnen Smith Finseth Kraus Opatz Solberg Garcia Krinkie Orenstein Stanek
Dehler Jennings Olson, E. Frerichs MungerThe bill was passed and its title agreed to.
H. F. No. 1678, A bill for an act relating to drainage; allowing an outlet fee to be charged for use of an established drainage system in Red Lake county as an outlet for drainage originating in Polk county.
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 Frerichs Koppendrayer Olson, M. Smith Anderson, B. Garcia Kraus Onnen Solberg Bakk Girard Krinkie Opatz Stanek Bertram Goodno Larsen Orenstein Sviggum Bettermann Greenfield Leighton Orfield Swenson, D. Bishop Greiling Leppik Osskopp Swenson, H. Boudreau Haas Lieder Ostrom Sykora Bradley Hackbarth Lindner Otremba Tomassoni Broecker Harder Long Ozment Tompkins Brown Hasskamp Lourey Paulsen Trimble Carlson Hausman Luther Pawlenty Tuma Carruthers Holsten Lynch Pellow Tunheim Clark Hugoson Macklin Pelowski Van Dellen Commers Huntley Mahon Perlt Van Engen Cooper Jaros Mares Peterson Vickerman Daggett Jefferson Mariani Pugh Wagenius Davids Jennings McCollum Rest Warkentin Dawkins Johnson, A. McElroy Rhodes Weaver Dehler Johnson, R. McGuire Rice Wejcman Delmont Johnson, V. Milbert Rostberg Wenzel Dempsey Kahn Molnau Rukavina Winter Dorn Kalis Mulder Sarna Wolf Entenza Kelley Munger Schumacher Worke Erhardt Kinkel Murphy Seagren Workman Farrell Knight Ness Simoneau Sp.Anderson,I Finseth Knoblach Olson, E. SkoglundThe bill was passed and its title agreed to.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today:
S. F. Nos. 445, 566 and 474; H. F. Nos. 744 and 765; S. F. No. 172; H. F. Nos. 1132, 1246 and 54; and S. F. No. 144.
S. F. No. 445 was reported to the House.
Winter moved to amend S. F. No. 445 as follows:
Page 1, line 12, after "combustor" insert "is monitored by an automatic temperature control device and"
The motion prevailed and the amendment was adopted.
S. F. No. 445, A bill for an act relating to the environment; requiring the pollution control agency to permit the operation of certain waste combustors.
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 Garcia Larsen Opatz Solberg Anderson, B. 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 Hausman Lynch Paulsen Trimble Carlson Holsten Macklin Pawlenty Tuma Carruthers Hugoson Mahon Pellow Tunheim Clark Huntley Mares Pelowski Van Dellen Commers Jaros Mariani Perlt Van Engen Cooper Jefferson Marko Peterson Vickerman Daggett Jennings McCollum Pugh Wagenius Davids Johnson, R. McElroy Rest Warkentin Dawkins Johnson, V. McGuire Rhodes Weaver Dehler Kahn Milbert Rice Wejcman Delmont Kalis Molnau Rostberg Wenzel Dempsey Kelley Mulder Rukavina Winter Dorn Kinkel Munger Sarna Wolf Entenza Knight Murphy Schumacher Worke Erhardt Knoblach Ness Seagren Workman Farrell Koppendrayer Olson, E. Simoneau Sp.Anderson,I Finseth Kraus Olson, M. Skoglund Frerichs Krinkie Onnen SmithThe bill was passed, as amended, and its title agreed to.
S. F. No. 566 was reported to the House.
Winter moved to amend S. F. No. 566 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Laws 1994, chapter 643, section 14, subdivision 8, is amended to read:
Subd. 8. Lakeview School
2,070,000 1,700,000
For a grant to independent school
district No. 518, Worthington, to
acquire land, construct, and equip
three up to five
cottages at no more than
$340,000 each to meet the
residential needs of children
attending the Lakeview school.
The district may use a
portion of
the grant to purchase, improve, and equip existing buildings for use as cottages if appropriate. The commissioner of education shall not award the grant until the school district can demonstrate to the commissioner's satisfaction that appropriate department of human services approval, including licensure, will be granted.
Sec. 2. [RESIDENTIAL PROGRAM OPERATED BY INDEPENDENT SCHOOL DISTRICT NO. 518.]
Subdivision 1. [DURATION OF RESIDENTIAL PROGRAM.] The residential program serving not more than 20 persons, operated by independent school district No. 518, Worthington, may stay in operation without licensure by the commissioner of human services no later than July 1, 1996, provided the program complies with the requirements in this section. The commissioner of human services need not pay any of the costs of operating the residential program before it is licensed. The maximum capacity of the program is 20 persons.
Subd. 2. [DEFINITION.] "Controlling individual," for purposes of this section, is defined in Minnesota Statutes, section 245A.02, subdivision 5a.
Subd. 3. [REQUIREMENTS.] The controlling individual of the residential program shall:
(a) comply with the following:
(1) Minnesota Rules, parts 9543.3000 to 9543.3090;
(2) Minnesota Rules, parts 9525.2700 to 9525.2810;
(3) Minnesota Rules, parts 9525.0215 to 9525.0355;
(4) Minnesota Rules, parts 9555.8000 to 9555.8500;
(5) Minnesota Rules, parts 4665.0100 to 4665.9900;
(6) Minnesota Statutes, section 626.556;
(7) Minnesota Statutes, section 626.557;
(8) Minnesota Statutes, section 245.94, subdivision 2a; and
(9) any other laws applicable to the residential program not specified in clauses (1) to (8);
(b) allow access to the residential program by the department of human services and department of health, in accordance with Minnesota Statutes, sections 245A.04, subdivision 5, and 144.653, subdivisions 2 and 3, respectively;
(c) allow access to the physical plant and grounds by officials charged with the responsibility of enforcing health, safety, and building codes, and comply with the health, safety, and building codes; and
(d) not accept any new referrals for long-term placement that exceed 90 days without the written approval of the commissioners of health, human services, and education.
Subd. 4. [POWERS AND DUTIES OF COMMISSIONERS.] The commissioner of education shall offer technical assistance to the controlling individual of the residential program to facilitate the process by which the program can obtain future financial assistance to continue with the plan to move the individuals currently in the residential program to different settings, and any other technical assistance, as requested by the controlling individual.
The commissioners of human services and health may grant waivers and variances as necessary under Minnesota Statutes, section 245A.04, subdivision 9, and Minnesota Rules, part 4665.0600, respectively.
Subd. 5. [CORRECTION ORDERS.] (a) If either the commissioner of health or human services finds that the program has failed to comply with an applicable law or rule, and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, either commissioner may issue a correction order to the controlling individual. The correction order must state:
(1) the conditions that constitute a violation of the law or rule;
(2) the specific law or rule violated; and
(3) the time allowed to correct each violation.
(b) Nothing in this section prohibits the commissioner from proposing a sanction as specified in subdivision 7 prior to issuing a correction order or fine.
Subd. 6. [RECONSIDERATION.] If the controlling individual believes that the contents of the commissioner's correction order are in error, the controlling individual may ask the appropriate commissioner to reconsider the parts of the correction order that are alleged to be in error. The request for reconsideration must be in writing, delivered by certified mail, and:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of error.
A request for reconsideration does not stay any provisions or requirements of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal.
Subd. 7. [SANCTION.] If, upon reinspection, the commissioner of human services or health finds that the program has not corrected the violations specified in the correction order, that commissioner may impose an appropriate sanction. The most serious sanction imposed is the closure of the physical plant of the residential program. The commissioner may secure an injunction against the continuing operation of the program of a controlling individual who does not comply with applicable law or rule. When applying sanctions authorized under this section, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.
Subd. 8. [IMMEDIATE CLOSURE IN CASES OF IMMINENT DANGER TO HEALTH, SAFETY, OR RIGHTS.] If the controlling individual's failure to comply with applicable law or rule of either the department of health or the department of human services has placed the health, safety, or rights of persons served by the program in imminent danger, the commissioner of that agency shall act immediately to close the physical plant of the residential program. No state funds shall be made available or be expended by any agency or department of state, county, or municipal government for use by the controlling individual for the program. A notice stating the reasons for the immediate suspension and informing the controlling individual of the right to a contested case hearing under Minnesota Statutes, chapter 14, must be delivered by personal service to the address shown on the application or the last known address of the controlling individual. The controlling individual may appeal an order immediately closing the program. The appeal of an order immediately closing the physical plant of the residential program must be made in writing by certified mail and must be received by the commissioner within five calendar days after the program receives notice that the license has been immediately suspended. Notwithstanding a pending appeal to close the residential program, a controlling individual shall discontinue operation of the program upon receipt of the commissioner's order to immediately close the physical plant of the residential program.
Sec. 3. [STUDY OF EXPANSION TO MEET RESPITE CARE NEEDS.]
The commissioner of human services, in cooperation with the commissioners of education and health and the ombudsman for mental health and mental retardation, shall study the need for and methods for expanding the total number of beds at the Lakeview school site to 35. The study shall consider the need for periodic and scheduled respite care for persons with developmental disabilities. The study may consider meeting some or all of the need for additional beds by developing or expanding capacity elsewhere in the area. The commissioner of human services shall report to the legislature with recommendations by January 1, 1996.
Sec. 4. [EFFECTIVE DATE.]
This act is effective the day following final enactment."
The motion prevailed and the amendment was adopted.
Winter moved to amend S. F. No. 566, as amended, as follows:
Page 5, line 5, after "CARE" insert "AND INDEPENDENT LIVING SKILLS"
Page 5, line 11, after "care" insert ", and independent living skills services,"
The motion prevailed and the amendment was adopted.
S. F. No. 566, A bill for an act relating to education; allowing the residential program operated by independent school district No. 518 to remain open until July 1, 1996; amending Laws 1994, chapter 643, section 14, subdivision 8.
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 117 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams Goodno Leppik Osskopp Sviggum Bakk Greenfield Lieder Osthoff Swenson, D. Bettermann Greiling Long Ostrom Swenson, H. Bishop Haas Lourey Otremba Sykora Broecker Hackbarth Luther Ozment Tomassoni Carlson Harder Lynch Paulsen Tompkins Carruthers Hasskamp Macklin Pawlenty Trimble Clark Hausman Mahon Pellow Tuma Commers Holsten Mares Pelowski Tunheim Cooper Hugoson Marko Perlt Van Dellen Daggett Huntley McCollum Peterson Van Engen Davids Jaros McElroy Pugh Vickerman Dawkins Jefferson McGuire Rest Wagenius Dehler Jennings Milbert Rhodes Warkentin Delmont Johnson, A. Molnau Rice Weaver Dempsey Johnson, R. Mulder Rukavina Wejcman Dorn Johnson, V. Munger Sarna Wenzel Entenza Kahn Murphy Schumacher Winter Erhardt Kalis Ness Seagren Wolf Farrell Kelley Olson, E. Simoneau Workman Finseth Kinkel Onnen Skoglund Sp.Anderson,I Frerichs Kraus Opatz Smith Garcia Larsen Orenstein Solberg Girard Leighton Orfield StanekThose who voted in the negative were:
Anderson, B. Knight Krinkie Rostberg Boudreau Knoblach Lindner Worke Bradley Koppendrayer Olson, M.The bill was passed, as amended, and its title agreed to.
S. F. No. 474 was reported to the House.
Lourey moved to amend S. F. No. 474 as follows:
Page 3, line 30, delete "as defined under" and insert "described in"
Page 3, line 32, after the comma, insert "if the insured applies for reinstatement no later than 60 days after the due date for the premium payment,"
Page 7, after line 25, insert:
"Sec. 2. Minnesota Statutes 1994, section 62D.12, is amended by adding a subdivision to read:
Subd. 17. No health maintenance organization shall fail to comply with the special reinstatement privilege provided under section 62A.04, subdivision 2, clause (4), for the Medicare-related coverage referred to in that clause."
Amend the title as follows:
Page 1, line 2, delete "accident and sickness" and insert "Medicare-related coverage"
Page 1, line 4, delete "section" and insert "sections" and after 2 insert "; and 62D.12, by adding a subdivision"
The motion prevailed and the amendment was adopted.
S. F. No. 474, A bill for an act relating to insurance; accident and sickness; regulating policy reinstatement; amending Minnesota Statutes 1994, section 62A.04, subdivision 2.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Larsen Orenstein Sviggum Anderson, B. Goodno Leighton Orfield Swenson, D. Bakk Greenfield 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 Hausman Lynch Pawlenty Tunheim Carlson Holsten Macklin Pellow Van Dellen Carruthers Hugoson Mahon Pelowski Van Engen Clark Huntley Mares Perlt Vickerman Commers Jaros Mariani Peterson Wagenius Cooper Jefferson Marko Pugh Warkentin Daggett Jennings McCollum Rest Weaver Davids Johnson, A. McElroy Rhodes Wejcman Dawkins Johnson, R. McGuire Rice Wenzel Dehler Johnson, V. Milbert Rostberg Winter Delmont Kahn Molnau Rukavina Wolf Dempsey Kalis Mulder Sarna Worke Dorn Kelley Munger Schumacher Workman Entenza Kinkel Murphy Seagren Sp.Anderson,I Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith Frerichs Kraus Onnen Solberg Garcia Krinkie Opatz StanekThe bill was passed, as amended, and its title agreed to.
S. F. No. 172, A bill for an act relating to motor vehicles; providing for issuance of manufacturer test plates; amending Minnesota Statutes 1994, section 168.012, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168; and 297B.
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 Garcia Krinkie Orfield Swenson, D. Anderson, B. Girard Larsen Osskopp Swenson, H.The bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 39th Day - Top of Page 1903
Bakk Goodno LeightonLeppikOsthoff Sykora Bertram Greenfield Lieder Ostrom Tomassoni Bettermann Greiling Lindner Otremba Tompkins Bishop Haas Long Ozment Trimble Boudreau Hackbarth Lourey Paulsen Tuma Bradley Harder Luther Pawlenty Tunheim Broecker Hasskamp Lynch Pellow Van Dellen Brown Hausman Macklin Pelowski Van Engen Carlson Holsten Mahon Perlt Vickerman Carruthers Hugoson Mares Peterson Wagenius Clark Huntley Mariani Pugh Warkentin Commers Jaros Marko Rest Weaver Cooper Jefferson McCollum Rhodes Wejcman Daggett Jennings McElroy Rice Wenzel Davids Johnson, A. McGuire Rostberg Winter Dawkins Johnson, R. Molnau Rukavina Wolf Dehler Johnson, V. Mulder Sarna Worke Delmont Kahn Munger Schumacher Workman Dempsey Kalis Murphy Seagren Sp.Anderson,I Dorn Kelley Ness Simoneau Entenza Kinkel Olson, E. Skoglund Erhardt Knight Olson, M. Smith Farrell Knoblach Onnen Solberg Finseth Koppendrayer Opatz Stanek Frerichs Kraus Orenstein Sviggum
H. F. No. 1132 was reported to the House.
Kahn moved to amend H. F. No. 1132, the first engrossment, as follows:
Pages 6 and 7, delete section 8
Renumber the sections in sequence
Correct internal cross references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kahn amendment and the roll was called. There were 114 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Abrams Greenfield Leighton Onnen Smith Anderson, B. Greiling Leppik Opatz Solberg Bakk Haas Lieder Orenstein Stanek Bettermann Hackbarth Lindner Orfield Sviggum Bishop Harder Long Osskopp Sykora Boudreau Hausman Lourey Osthoff Tomassoni Bradley Holsten Luther Ostrom Tompkins Broecker Hugoson Lynch Otremba Trimble Carlson Huntley Macklin Ozment Tunheim Carruthers Jefferson Mahon Paulsen Van Dellen Clark Jennings Mares Pawlenty Van Engen Commers Johnson, A. Mariani Pelowski Vickerman Daggett Johnson, R. Marko Perlt Wagenius Davids Johnson, V. McCollum Peterson Warkentin Dawkins Kahn McElroy Pugh Weaver Delmont Kalis McGuire Rest Wejcman Dempsey Kelley Milbert Rhodes Wenzel Dorn Kinkel Molnau Rice Winter Entenza Knight Mulder Rukavina Wolf Erhardt Knoblach Munger Sarna Worke Farrell Kraus Ness Schumacher Workman Finseth Krinkie Olson, E. Seagren Sp.Anderson,I Garcia Larsen Olson, M. SkoglundThose who voted in the negative were:
Bertram Frerichs Jaros Simoneau Brown Girard Koppendrayer Swenson, D. Cooper Goodno Pellow Swenson, H. Dehler Hasskamp Rostberg TumaThe motion prevailed and the amendment was adopted.
H. F. No. 1132, A bill for an act relating to alcoholic beverages; providing restrictions on brewers who have retail on-sale licenses; imposing licensing and permitting requirements; requiring a license for charging for possession of alcoholic beverages; requiring a permit to allow consumption and display of all alcoholic beverages; authorizing additional licenses in Minneapolis; authorizing Clay and St. Louis counties to issue on-sale licenses; requiring a study of application of primary source law; defining home brewing equipment; listing items that may be sold in exclusive liquor stores; repealing requirement for permit for transportation of alcoholic beverages; amending Minnesota Statutes 1994, sections 340A.101, subdivision 10, and by adding a subdivision; 340A.301, subdivisions 6 and 7; 340A.401; 340A.404, subdivision 2; 340A.408, subdivision 2; 340A.410, subdivision 5; 340A.412, by adding a subdivision; and 340A.414, subdivision 1; repealing Minnesota Statutes 1994, sections 340A.301, subdivision 10; and 340A.32.
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 122 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Ness Sviggum Anderson, B. Frerichs Koppendrayer Olson, E. Swenson, D. Bakk Garcia Kraus Opatz Swenson, H. Bertram Girard Krinkie Orenstein Sykora Bettermann Goodno Larsen Orfield Tomassoni Bishop Greenfield Leighton Osthoff Tompkins Boudreau Greiling Leppik Ostrom Trimble Bradley Haas Lieder Otremba Tuma Broecker Hackbarth Long Ozment Tunheim Brown Harder Lourey Paulsen Van Dellen Carlson Hasskamp Luther Pawlenty Van Engen Carruthers Hausman Lynch Pellow Vickerman Clark Holsten Macklin Pelowski Wagenius Commers Hugoson Mahon Peterson Warkentin Cooper Huntley Mares Pugh Weaver Daggett Jaros Mariani Rest Wejcman Davids Jefferson Marko Rhodes Wenzel Dawkins Jennings McCollum Rostberg Winter Dehler Johnson, A. McElroy Rukavina Wolf Delmont Johnson, R. McGuire Sarna Worke Dempsey Johnson, V. Milbert Schumacher Workman Dorn Kahn Molnau Simoneau Sp.Anderson,I Entenza Kalis Mulder Smith Erhardt Kelley Munger Solberg Farrell Kinkel Murphy StanekThose who voted in the negative were:
Knight Olson, M. Osskopp Rice Skoglund Lindner Onnen Perlt SeagrenThe bill was passed, as amended, and its title agreed to.
H. F. No. 1246 was reported to the House.
Cooper moved to amend H. F. No. 1246, the first engrossment, as follows:
Page 7, after line 1, insert:
"Sec. 7. [RECOMMENDATIONS ON REGULATING CHILD CARE PROGRAMS.]
The commissioner of human services shall review and make recommendations to the legislature regarding what programs should be regulated that provide child care for children, and the manner in which these programs should be regulated.
The commissioner shall submit the recommendations to the chairs of the house health and human services committee and the health and human services finance division, and of the senate family services committee and the health care and family services finance division."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Onnen moved to amend H. F. No. 1246, the first engrossment, as amended, as follows:
Page 1, line 19, after the second "program" insert "serving more than ten children"
The motion prevailed and the amendment was adopted.
H. F. No. 1246, A bill for an act relating to child care; requiring child care for school age children not operated by a school to be licensed; changing the definition of toddler and preschooler for family day care programs serving siblings; amending Minnesota Statutes 1994, sections 245A.02, by adding subdivisions; 245A.03, subdivision 2; 245A.10; and 245A.14, subdivision 6.
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 112 yeas and 18 nays as follows:
Those who voted in the affirmative were:
Abrams Goodno Larsen Orenstein Solberg Bertram Greenfield Leighton Orfield Stanek Bettermann Greiling Lieder Osthoff Swenson, D. Bishop Haas Long Ostrom Swenson, H. Boudreau Hackbarth Lourey Otremba Sykora Bradley Harder Luther Ozment Tomassoni Brown Hasskamp Lynch Paulsen Tompkins Carlson Hausman Macklin Pawlenty Trimble Carruthers Holsten Mahon Pellow Tuma Clark Hugoson Mares Pelowski Tunheim Commers Huntley Mariani Perlt Van Dellen Cooper Jaros Marko Peterson Vickerman Daggett Jefferson McCollum Pugh Wagenius Dawkins Jennings McElroy Rest Weaver Delmont Johnson, A. McGuire Rhodes Wejcman Dempsey Johnson, R. Milbert Rice Wenzel Dorn Johnson, V. Molnau Rostberg Winter Entenza Kahn Munger Rukavina Wolf Erhardt Kalis Murphy Sarna Workman Farrell Kelley Ness Schumacher Sp.Anderson,I Finseth Kinkel Olson, E. Simoneau Garcia Koppendrayer Onnen Skoglund Girard Kraus Opatz SmithThose who voted in the negative were:
Anderson, B. Frerichs Leppik Osskopp Warkentin Broecker Knight Lindner Seagren Worke Davids Knoblach Mulder Sviggum Dehler Krinkie Olson, M. Van EngenThe bill was passed, as amended, and its title agreed to.
Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Wolf moved that his name be stricken as an author on H. F. No. 1439. The motion prevailed.
Boudreau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.
Bradley moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.
Daggett moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.
Bradley moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, April 11, 1995, when the vote was taken on the final passage of S. F. No. 521." The motion prevailed.
Solberg moved that H. F. No. 210, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.
Solberg moved that H. F. No. 575, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.
Solberg moved that H. F. No. 1479, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.
Pawlenty moved that H. F. No. 665 be returned to its author. The motion prevailed.
Holsten moved that H. F. No. 1564 be returned to its author. The motion prevailed.
The Speaker announced the following committee assignments:
Environment and Natural Resources: Add the name of Warkentin.
Capital Investment: Add the name of Warkentin.
International Trade and Economic Development: Add the name of Warkentin.
Carruthers moved that when the House adjourns today it adjourn until 1:00 p.m., Thursday, April 13, 1995. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 1:00 p.m., Thursday, April 13, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
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