Saint Paul, Minnesota, Thursday, April 27, 1995
The House of Representatives convened at 11:30 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Representative Mary Murphy, District 8A,
Hermantown, Minnesota.
The roll was called and the following members were present:
Anderson, R., and Kelso were excused.
Carruthers moved that the House recess subject to the call of
the Chair. The motion prevailed.
Abrams Frerichs Kraus Onnen Solberg
Anderson, B. Garcia Krinkie Opatz Stanek
Bakk Girard Larsen Orenstein Sviggum
Bertram Goodno Leighton Orfield Swenson, D.
Bettermann Greenfield Leppik Osskopp Swenson, H.
Bishop Greiling Lieder Osthoff Sykora
Boudreau Haas Lindner Ostrom Tomassoni
Bradley Hackbarth Long Otremba Tompkins
Broecker Harder Lourey Ozment Trimble
Brown Hasskamp Luther Paulsen Tuma
Carlson Hausman Lynch Pawlenty Tunheim
Carruthers Holsten Macklin Pellow Van Dellen
Clark Hugoson Mahon Pelowski Van Engen
Commers Huntley Mares Perlt Vickerman
Cooper Jaros Mariani Peterson Wagenius
Daggett Jefferson Marko Pugh Warkentin
Dauner 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
A quorum was present.
The House reconvened and was called to order by the Speaker.
The Chief Clerk proceeded to read the Journal of the preceding day. Schumacher moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Commers was excused between the hours of 12:00 noon and 3:00 p.m.
S. F. No. 243 and H. F. No. 474, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Commers moved that the rules be so far suspended that S. F. No. 243 be substituted for H. F. No. 474 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 342 and H. F. No. 432, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Sykora moved that the rules be so far suspended that S. F. No. 342 be substituted for H. F. No. 432 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 708 and H. F. No. 291, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Swenson, H., moved that the rules be so far suspended that S. F. No. 708 be substituted for H. F. No. 291 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 973 and H. F. No. 1308, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
McCollum moved that the rules be so far suspended that S. F. No. 973 be substituted for H. F. No. 1308 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1051 and H. F. No. 1252, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Vickerman moved that the rules be so far suspended that S. F. No. 1051 be substituted for H. F. No. 1252 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1188 and H. F. No. 1369, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Mulder moved that the rules be so far suspended that S. F. No. 1188 be substituted for H. F. No. 1369 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1204 and H. F. No. 1178, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Simoneau moved that the rules be so far suspended that S. F. No. 1204 be substituted for H. F. No. 1178 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1404 and H. F. No. 1617, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Pugh moved that S. F. No. 1404 be substituted for H. F. No. 1617 and that the House File be indefinitely postponed. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
April 25, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 1063, relating to the city of Duluth; making certain statutory provisions concerning public utilities applicable to the city of Duluth; authorizing a demonstration project to develop methods to prevent the infiltration and inflow of storm water into the city's sanitary sewer system.
H. F. No. 843, relating to insurance; health; requiring coverage for hospitalization and anesthesia coverage for dental procedures; requiring coverage for general anesthesia and treatment for covered medical conditions rendered by a dentist.
H. F. No. 344, relating to real property; providing for the form and record of certain assignments; revising the common interest ownership act; changing the application of the curative and validating law for mortgage foreclosures; authorizing presentation of certain instruments without a duplicate certificate of title.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
1063 90 2:12 p.m. April 25 April 25
843 91 2:14 p.m. April 25 April 25
344 92 2:16 p.m. April 25 April 25
Sincerely,
Joan Anderson Growe
Secretary of State
OFFICE OF THE GOVERNOR
April 26, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 1457, relating to state lands; authorizing the commissioner of natural resources to sell certain acquired state lands located in Becker county.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
1457 93 1:55 p.m. April 26 April 26
1144 94 1:58 p.m. April 26 April 26
839 95 2:10 p.m. April 26 April 26
893 96 2:05 p.m. April 26 April 26
Sincerely,
Joan Anderson Growe
Secretary of State
S. F. Nos. 243, 342, 708, 973, 1051, 1188, 1204 and 1404 were read for the second time.
The following House Files were introduced:
Lourey, Orenstein, Clark, Tunheim and Greenfield introduced:
H. F. No. 1874, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Entenza introduced:
H. F. No. 1875, A bill for an act relating to occupations; residential contractors; changing the expiration date of provisions relating to St. Paul and Minneapolis contractors; amending Minnesota Statutes 1994, section 326.991, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Entenza introduced:
H. F. No. 1876, A bill for an act relating to occupations; residential contractors; changing the expiration date of provisions relating to St. Paul and Minneapolis contractors; amending Minnesota Statutes 1994, section 326.991, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Wenzel introduced:
H. F. No. 1877, A bill for an act relating to health; requiring informed consent for abortions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1878, A bill for an act relating to health; requiring informed consent for abortions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1879, A bill for an act relating to health; requiring certain consent procedures before an abortion; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1880, A bill for an act relating to health; requiring informed consent for abortions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1881, A bill for an act relating to health; requiring informed consent for abortions; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1882, A bill for an act relating to health, requiring informed consent for abortions; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel introduced:
H. F. No. 1883, A bill for an act relating to health; abortion; providing for the right to know act; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services.
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. 244, A bill for an act relating to employment; establishing the governor's workforce development council to replace certain other councils; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 126B.02; 121.703; and 268.9755.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 1008, A bill for an act relating to family law; authorizing courts to require parties to participate in orientation programs in proceedings involving children; proposing coding for new law in Minnesota Statutes, chapter 518.
H. F. No. 1194, A bill for an act relating to state government; allocating certain appropriations to regional arts councils; amending Minnesota Statutes 1994, section 129D.01; proposing coding for new law in Minnesota Statutes, chapter 129D.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1864, A bill for an act relating to the financing of government in this state; adopting federal income tax law changes; providing for deferment of certain property taxes for senior citizens; providing for an income tax credit; modifying certain tax rates, credits, refunds, bases, and exemptions; providing for deduction of property tax refunds from property taxes; modifying and restricting certain requirements or uses of tax increment financing; providing for dedication of certain revenues; modifying certain motor vehicle registration taxes; establishing a sales tax advisory council; authorizing certain local taxes, special districts and other local authority; creating a local government review panel; modifying revenue recapture rules; changing the property tax treatment of certain wind property; allowing pass through of certain utility taxes; requiring studies; adjusting the amount of the budget reserve and debt limit; changing certain aids to local governments; appropriating money; amending Minnesota Statutes 1994, sections 14.61; 14.62, by adding a subdivision; 16A.152, subdivisions 1 and 2; 60A.15, subdivision 1; 69.021, subdivision 2; 124.918, subdivisions 1 and 2; 168.012, subdivision 9; 168.013, subdivision 1a; 168.017, subdivision 3, and by adding a subdivision; 216B.16, by adding a subdivision; 216C.01, subdivisions 1a and 1b; 270.273, subdivisions 1 and 2; 270A.03, subdivision 7; 270A.04, subdivision 2; 270A.06; 270A.07, subdivision 2; 270A.09, by adding a subdivision; 270A.11; 270B.12, by adding a subdivision; 272.02, subdivision 1; 273.124, subdivision 13; 273.13, subdivisions 24 and 25; 273.1398, subdivision 1; 273.1399, subdivisions 1, 2, 6, and by adding a subdivision; 273.37, by adding a subdivision; 275.065, subdivisions 1 and 3; 276.09; 276.111; 279.01, subdivision 1, and by adding subdivisions; 289A.50, by adding a subdivision; 289A.60, subdivision 12; 290.01, subdivisions 19, 19a, and by adding a subdivision; 290.06, by adding a subdivision; 290A.02; 290A.03, subdivisions 6, 13, and by adding a subdivision; 290A.04, subdivisions 2h, 3, and by adding subdivisions; 290A.07; 290A.09; 290A.10; 290A.15; 290A.18; 290A.23, subdivision 3; 296.01, subdivisions 30, 34, and by adding subdivisions; 296.02, subdivisions 1, 1a, and 1b; 296.025, subdivisions 1, 1a, and by adding a subdivision; 296.0261, by adding a subdivision; 297A.01, subdivision 3, and by adding a subdivision; 297A.02, subdivision 4; 297A.135, subdivision 1; 297A.25, subdivisions 11, 57, 59, and by adding subdivisions; 297A.45; 297B.02, subdivision 3; 297B.025, subdivision 2; 297B.032; 298.28, subdivision 9a; 298.75, subdivision 1; 349.12, subdivision 25;
375.192, by adding a subdivision; 375.83; 469.174, subdivisions 4, 12, 19, 21, and by adding subdivisions; 469.175, subdivisions 1, 3, 5, 6, and 6a; 469.176, subdivisions 4b, 4c, and 7; 469.1763, subdivisions 2 and 4; 469.177, subdivisions 1, 1a, 2, 6, 9, and by adding a subdivision; 469.1771, subdivision 1; 469.179, by adding subdivisions; 477A.013, subdivision 9; and 477A.0132; Laws 1985, chapter 302, section 2, subdivision 1, as amended; Laws 1986, chapter 400, section 44; Laws 1991, chapter 291, article 8, section 28, subdivision 1; Laws 1993, chapter 375, article 5, section 40, subdivision 3; Laws 1994, chapter 587, articles 5, section 27; 9, section 10, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 3; 8; 13; 16A; 272; 273; 276; 282; 290A; 297; 469; 473; and 477A; repealing Minnesota Statutes 1994, sections 168.013, subdivision 1j; 296.0261, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, and 9; 297A.136; and 469.175, subdivision 7a.
Patrick E. Flahaven, Secretary of the Senate
Rest moved that the House refuse to concur in the Senate amendments to H. F. No. 1864, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 910, 507, 557, 1444, 732, 347 and 1199.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 910, A bill for an act relating to telecommunications; eliminating the telecommunication access for communication-impaired persons board; creating telecommunication access duties for the departments of public service and human services; specifying the membership of regional service for deaf and hard of hearing advisory committees; amending Minnesota Statutes 1994, sections 237.50, subdivision 4; 237.51, subdivisions 1, 5, and by adding a subdivision; 237.52, subdivisions 2, 4, and 5; 237.53, subdivisions 1, 3, 5, and 7; 237.54, subdivision 2; 237.55; and 256C.24, subdivision 3; repealing Minnesota Statutes 1994, sections 237.50, subdivision 2; 237.51, subdivisions 2, 3, 4, and 6; and 237.54, subdivision 1.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 507, A bill for an act relating to petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, subdivision 11, and by adding a subdivision; 115C.03, subdivision 10; 115C.09, subdivisions 1, 2, 3, 3b, and 3c; 115C.11, subdivision 1; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 557, A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 1444, A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county; authorizing Crow Wing county to allow the sale of certain nonconforming lots within the Mississippi headwaters corridor; requiring the commissioner of natural resources to convey certain land to the city of Akeley; authorizing the sale of certain trust fund lands.
The bill was read for the first time.
Rukavina moved that S. F. No. 1444 and H. F. No. 1582, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 732, A bill for an act relating to commerce; enacting the revised article 8 of the uniform commercial code proposed by the national conference of commissioners on uniform state laws; regulating investment securities; amending Minnesota Statutes 1994, sections 336.1-105; 336.1-206; 336.4-104; 336.5-114; 336.9-103; 336.9-105; 336.9-106; 336.9-203; 336.9-301; 336.9-302; 336.9-304; 336.9-305; 336.9-306; 336.9-309; 336.9-312; and 336.10-104; proposing coding for new law in Minnesota Statutes, chapter 336; repealing Minnesota Statutes 1994, sections 336.8-101; 336.8-102; 336.8-103; 336.8-104; 336.8-105; 336.8-106; 336.8-107; 336.8-108; 336.8-201; 336.8-202; 336.8-203; 336.8-204; 336.8-205; 336.8-206; 336.8-207; 336.8-208; 336.8-301; 336.8-302; 336.8-303; 336.8-304; 336.8-305; 336.8-306; 336.8-307; 336.8-308; 336.8-309; 336.8-310; 336.8-311; 336.8-312; 336.8-313; 336.8-314; 336.8-315; 336.8-316; 336.8-317; 336.8-318; 336.8-319; 336.8-320; 336.8-321; 336.8-401; 336.8-402; 336.8-403; 336.8-404; 336.8-405; 336.8-406; 336.8-407; and 336.8-408.
The bill was read for the first time.
Smith moved that S. F. No. 732 and H. F. No. 1185, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 347, A bill for an act relating to landlords and tenants; regulating certain tenant screening practices; amending Minnesota Statutes 1994, section 504.30, subdivision 4, and by adding a subdivision.
The bill was read for the first time.
Kelley moved that S. F. No. 347 and H. F. No. 448, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1199, 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; appropriating money; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; 168.11, subdivision 3; 168.15; 168.17; 168A.05, subdivision 5; and 168A.10, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6.
The bill was read for the first time.
Erhardt moved that S. F. No. 1199 and H. F. No. 575, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
Greenfield was excused between the hours of 2:15 p.m. and 3:20 p.m.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. Nos. 1678 and 1536.
The Speaker called Trimble to the Chair.
S. F. No. 1678 was reported to the House.
Hausman moved to amend S. F. No. 1678, the unofficial engrossment, as follows:
Page 54, after line 23, insert:
"Sec. 82. Minnesota Statutes 1994, section 116D.04, subdivision 1a, is amended to read:
Subd. 1a. For the purposes of this chapter, the following terms have the meanings given to them in this subdivision.
(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
(b) "Pollution, impairment or destruction" has the meaning given it in section 116B.02, subdivision 5.
(c) "Environmental assessment worksheet" means a brief document which is designed to set out the basic facts, including mitigation measures which will be included in the action to reduce or avoid environmental effects, necessary to determine whether an environmental impact statement is required for a proposed action and to identify alternatives to the action which have been considered by the proposer of the project or the responsible governmental unit.
(d) "Governmental action" means activities, including projects wholly or partially conducted, permitted, assisted, financed, regulated, or approved by units of government including the federal government.
(e) "Governmental unit" means any state agency and any general or special purpose unit of government in the state including, but not limited to, watershed districts organized under chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic development authorities established under sections 469.090 to 469.108, but not including courts, school districts, and regional development commissions other than the metropolitan council.
Sec. 83. Minnesota Statutes 1994, section 116D.04, subdivision 2a, is amended to read:
Subd. 2a. Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit. The environmental impact statement shall be an analytical rather than an encyclopedic document which describes the proposed action in detail, analyzes its significant environmental impacts, discusses appropriate alternatives to the proposed action and their impacts, and explores methods by which adverse environmental impacts of an action could be mitigated. The environmental impact statement shall also analyze those economic, employment and sociological effects that cannot be avoided should the action be implemented. To ensure its use in the decision making process, the environmental impact statement shall be prepared as early as practical in the formulation of an action.
(a) The board shall by rule establish categories of actions for which environmental impact statements and for which environmental assessment worksheets shall be prepared as well as categories of actions for which no environmental review is required under this section.
(b) The responsible governmental unit shall promptly publish
notice of the completion of an environmental assessment worksheet
in a manner to be determined by the board and shall provide
copies of the environmental assessment worksheet to the board and
its member agencies and other persons in a manner to be
determined by the board. If the chair of the board or the
chair's designee determines that the environmental assessment
worksheet is incomplete, the document shall be returned to the
responsible governmental unit for correction of the deficiencies
prior to publication of the notice.
(1) Notice of the completion of the environmental assessment worksheet shall be published in a manner to be determined by the board. Comments on the need for an environmental impact statement may be submitted to the responsible governmental unit during a 30 day period following publication of the notice that an environmental assessment worksheet has been completed.
(2) The responsible governmental unit's decision on the need for an environmental impact statement shall be based on the environmental assessment worksheet and the comments received during the comment period, and any other information collected during the course of completion of the environmental assessment worksheet process.
(3) A decision on the need for an environmental impact statement shall be made within 15 days after the close of the comment period. The board's chair may extend the 15 day period by not more than 15 additional days upon the request of the responsible governmental unit. The responsible governmental unit may postpone its decision on the need for an environmental impact statement even further upon the agreement of the project proposer.
(4) The responsible governmental unit may postpone its decision on the need for an environmental impact statement in order to conduct studies to obtain further information if the responsible governmental unit determines that such information is necessary to characterize or assess the magnitude of one or more potentially significant environmental impacts or to assess the extent to which such impacts can be mitigated, provided that the information can reasonably be expected to be obtained within 90 days of initiation of the studies, or a longer period of time to which the project proposer agrees. The proposer of the action shall be responsible for the reasonable costs of the studies. All persons who were required to be provided copies of the environmental assessment worksheet under paragraph (b) and all persons who submitted substantive and timely comments on the environmental assessment worksheet or who request a copy shall receive a summary of the results of the studies and be afforded at least 15 days to comment on the information from the studies. A responsible governmental unit may not extend the time for determining whether to prepare an environmental impact statement more than once under this paragraph.
(5) In making its decision on the need for an environmental impact statement, the responsible governmental unit shall consider the extent to which identified potential environmental impacts will be reduced or avoided by mitigation measures or changes in the project as proposed. Only those mitigation measures or changes that are actually committed to by the project proposer shall be considered. If the project proposer subsequently decides not to implement mitigation measures or project changes, the project proposer must once again comply with the requirements of this chapter for environmental review. Those mitigation measures and project changes considered by the responsible governmental unit in making its decision on the need for an environmental impact statement must be implemented as part of the action and must be incorporated as conditions in any applicable permits and approvals issued for the action by the responsible governmental unit.
(6) The responsible governmental unit shall promptly file its record supporting its decision on the need for an environmental impact statement with the board and other persons and agencies which submitted timely and substantive comments. The record shall include responses to all timely and substantive comments and shall identify specific mitigation measures that will be implemented as part of the action to reduce or avoid potentially significant environmental effects.
(7) Within ten working days of receipt of the notice and record of a decision, the chair of the board may suspend the decision and remand the matter to the responsible governmental unit for reconsideration. The chair may remand the decision if the chair determines, upon a review of the record and any other evidence available to the chair, that the responsible governmental unit has failed to follow the applicable procedures or has failed to comply with substantive requirements for the preparation of an environmental assessment worksheet or has made a decision that does not appear to the chair to be supported by the record. The chair shall explain in writing the reasons for the remanding of the matter.
(8) The responsible governmental unit shall reconsider the need for an environmental impact statement within 15 days of receipt of the notice of remand from the chair and shall file notice and the record of its reconsideration with the board within five days. If the responsible governmental unit determines to gather additional data or redo a procedural step or to prepare an environmental impact statement, the process shall continue in accordance with the requirements of this chapter and the rules of the board. The chair may not remand the reconsidered decision.
(c) An environmental assessment worksheet shall also be
prepared for a proposed action whenever material evidence
accompanying a petition by not less than 25 150
individuals, submitted before the proposed project has
received final approval by the appropriate governmental units
or, if the proposer has given notice as provided in paragraph
(d), before the expiration of the time limit specified in
paragraph (d), demonstrates that, because of the nature or
location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the
preparation of an environmental assessment worksheet shall be
submitted to the board. The chair of the board shall determine
the appropriate responsible governmental unit and forward the
petition to it. A decision on the need for an environmental
assessment worksheet shall be made by the responsible
governmental unit within 15 days after the petition is received
by the responsible governmental unit. The board's chair may
extend the 15 day period by not more than 15 additional days upon
request of the responsible governmental unit. The responsible
governmental unit may extend the time period even further upon
agreement of the project proposer.
(d) The board shall by rule establish a process by which the proposer of an action may give public notice of the impending action. The rules shall address, at a minimum: the content of the notices, which must include information about the action's description, its location, and necessary state, local, and federal permits that must be secured for the action; and a requirement that the notice appear in at least two issues of a newspaper of general circulation in the area of the proposed action dated at least one week apart and also in at least one issue of the EQB Monitor. If the proposer of an action provides notice in accordance with the established process, no petition under paragraph (c) may be filed on the action later than 60 days after the notice has been given. The proposer shall be responsible for maintaining evidence that proper notice has been given.
(d) (e) The board may, prior to final approval of
a proposed project, require preparation of an environmental
assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this
section has not been specifically provided for by rule or
otherwise initiated.
(e) (f) An early and open process shall be
utilized to limit the scope of the environmental impact statement
to a discussion of those impacts, which, because of the nature or
location of the project, have the potential for significant
environmental effects. The same process shall be utilized to
determine the form, content and level of detail of the statement
as well as the alternatives which are appropriate for
consideration in the statement. In addition, the permits which
will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify
those permits for which information will be developed
concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the
scoping process. The determinations reached in the process shall
be incorporated into the order requiring the preparation of an
environmental impact statement.
(f) (g) Whenever practical, information needed by
a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed
in conjunction with the preparation of an environmental impact
statement.
(g) (h) An environmental impact statement shall
be prepared and its adequacy determined within 280 days after
notice of its preparation unless the time is extended by consent
of the parties or by the governor for good cause. The
responsible governmental unit shall determine the adequacy of an
environmental impact statement, unless within 60 days after
notice is published that an environmental impact statement will
be prepared, the board chooses to determine the adequacy of an
environmental impact statement. If an environmental impact
statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental
impact statement.
Sec. 84. Minnesota Statutes 1994, section 116D.04, subdivision 2b, is amended to read:
Subd. 2b. If an environmental assessment worksheet or an environmental impact statement is required for a governmental action under subdivision 2a, a project may not be started and a final governmental decision may not be made to grant a permit, approve a project, or begin a project, until:
(1) a petition for an environmental assessment worksheet is dismissed;
(2) a negative declaration has been issued on the need for an environmental impact statement;
(3) the environmental impact statement has been determined adequate; or
(4) a variance has been granted from making an environmental impact statement by the environmental quality board.
These prohibitions on starting a project shall continue during the time the chair of the board is considering whether to remand a decision by a responsible governmental unit not to prepare an environmental impact statement and during the time the responsible governmental unit is acting in response to the remand by the chair.
Sec. 85. Minnesota Statutes 1994, section 116D.04, subdivision 5a, is amended to read:
Subd. 5a. The board shall, by January 1, 1981, promulgate rules in conformity with this chapter and the provisions of chapter 15, establishing:
(a) The governmental unit which shall be responsible for environmental review of a proposed action;
(b) The form and content of environmental assessment worksheets;
(c) A scoping process in conformance with subdivision 2a,
clause (e) paragraph (f);
(d) A procedure for identifying during the scoping process the permits necessary for a proposed action and a process for coordinating review of appropriate permits with the preparation of the environmental impact statement;
(e) A standard format for environmental impact statements;
(f) Standards for determining the alternatives to be discussed in an environmental impact statement;
(g) Alternative forms of environmental review which are acceptable pursuant to subdivision 4a;
(h) A model ordinance which may be adopted and implemented by local governmental units in lieu of the environmental impact statement process required by this section, providing for an alternative form of environmental review where an action does not require a state agency permit and is consistent with an applicable comprehensive plan. The model ordinance shall provide for adequate consideration of appropriate alternatives, and shall ensure that decisions are made in accordance with the policies and purposes of Laws 1980, chapter 447;
(i) Procedures to reduce paperwork and delay through intergovernmental cooperation and the elimination of unnecessary duplication of environmental reviews;
(j) Procedures for expediting the selection of consultants by the governmental unit responsible for the preparation of an environmental impact statement; and
(k) Any additional rules which are reasonably necessary to carry out the requirements of this section."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Solberg moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 11, delete lines 39 to 44, and insert:
"The commissioner of finance must not include the cost of inflation in budget planning estimates for fiscal years 1998 and 1999, unless specifically required by law."
The motion prevailed and the amendment was adopted.
On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Garcia Krinkie Orenstein Stanek Anderson, B. Girard Larsen Orfield Sviggum Bakk Goodno Leighton Osskopp Swenson, D. Bertram Greiling Leppik Osthoff Swenson, H. Bettermann Haas Lieder Ostrom Sykora Bishop Hackbarth Lindner Otremba Tomassoni Boudreau Harder Long Ozment Tompkins Bradley Hasskamp Luther Paulsen Trimble Broecker Hausman Lynch Pawlenty Tuma Brown Holsten Macklin Pellow Tunheim Carlson Hugoson Mahon Pelowski Van Engen Carruthers Huntley Mares Perlt Vickerman Clark Jaros Mariani Peterson Wagenius Daggett Jefferson Marko Pugh Warkentin Dauner 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 Workman Dorn Kelley Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. SmithCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3330
Frerichs Kraus Opatz Solberg
Knoblach, Tuma, Lindner and Haas moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Delete page 37, line 36 to page 38, line 4
Page 38, line 5, delete "(b)"
Page 38, line 6, delete "$5,000" and insert "$50,000"
Page 38, line 10, after "able" insert "and available"
A roll call was requested and properly seconded.
The question was taken on the Knoblach et al amendment and the roll was called.
Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Knoblach et al amendment to S. F. No. 1678, the unofficial engrossment, as amended. The request was granted.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 60 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knoblach Molnau Swenson, H. Anderson, B. Finseth Koppendrayer Mulder Sykora Bettermann Frerichs Kraus Ness Tompkins Bishop Girard Krinkie Olson, M. Tuma Boudreau Goodno Larsen Onnen Van Engen Bradley Haas Leppik Osskopp Vickerman Broecker Hackbarth Lindner Paulsen Warkentin Commers Harder Lourey Pellow Weaver Daggett Holsten Lynch Seagren Wenzel Davids Hugoson Macklin Stanek Wolf Dehler Johnson, V. Mares Sviggum Worke Dempsey Knight McElroy Swenson, D. WorkmanThose who voted in the negative were:
Bakk Greiling Lieder Orfield Sarna Bertram Hasskamp Long Osthoff Schumacher Brown Hausman Luther Ostrom Simoneau Carlson Huntley Mahon Otremba Skoglund Carruthers Jaros Mariani Ozment Smith Clark Jefferson Marko Pelowski Solberg Cooper Jennings McCollum Perlt Tomassoni Dauner Johnson, A. McGuire Peterson Trimble Dawkins Johnson, R. Milbert Pugh Tunheim Delmont Kahn Munger Rest Wagenius Dorn Kalis Murphy Rhodes Wejcman Entenza Kelley Olson, E. Rice Winter Farrell Kinkel Opatz Rostberg Garcia Leighton Orenstein RukavinaThe motion did not prevail and the amendment was not adopted.
Knoblach, Tuma, Lindner and Haas moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 92, line 27, after the period, insert "The legislative audit commission shall consider directing the legislative auditor to study the extent to which the reductions in professional and technical service contracts mandated by this act saved or cost the state money."
Opatz moved to amend the Knoblach et al amendment to S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 1, line 2, delete "after" and insert "before" and delete "The legislative"
Page 1, delete line 3
Page 1, line 4, delete "auditor to study" and insert "including"
Page 1, line 6, delete the period
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Knoblach et al amendment, as amended, to S. F. No. 1678, the unofficial engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.
The Speaker resumed the Chair.
Osskopp moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Pages 9 and 10, delete section 12
Adjust bill totals accordingly
A roll call was requested and properly seconded.
The question was taken on the Osskopp amendment and the roll was called. There were 33 yeas and 99 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Kraus Mulder Pellow Van Engen Bradley Krinkie Ness Seagren Warkentin Broecker Lindner Olson, M. Stanek Weaver Dempsey Lynch Onnen Sviggum Wolf Hackbarth Mares Osskopp Swenson, D. Workman Knight McElroy Osthoff Tompkins Koppendrayer Molnau Paulsen TumaThose who voted in the negative were:
Abrams Erhardt Johnson, R. Milbert Sarna Bakk Farrell Johnson, V. Munger Schumacher Bertram Finseth Kahn Murphy SimoneauThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3332
Bettermann Frerichs Kalis Olson, E. Skoglund Bishop Garcia Kelley Opatz Smith Boudreau Girard Kinkel Orenstein Solberg Brown Goodno Knoblach Orfield Swenson, H. Carlson Greenfield Larsen Ostrom Sykora Carruthers Greiling Leighton Otremba Tomassoni Clark Haas Leppik Ozment Trimble Commers Harder Lieder Pawlenty Tunheim Cooper Hasskamp Long Pelowski Van Dellen Daggett Hausman Lourey Perlt Vickerman Dauner Holsten Luther Peterson Wagenius Davids Hugoson Macklin Pugh Wejcman Dawkins Huntley Mahon Rest Wenzel Dehler Jaros Mariani Rhodes Winter Delmont Jefferson Marko Rice Worke Dorn Jennings McCollum Rostberg Sp.Anderson,I Entenza Johnson, A. McGuire Rukavina
Anderson, B.; Boudreau; Bradley; Knoblach; Osskopp and Knight moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 22, after line 6, insert:
"Sec. 39. [3.2241] [COMPETITIVE BIDDING.]
All contracts that the house of representatives, the senate, the legislative coordinating commission, or any other commission or entity in the legislative branch enters into for construction or repairs, and all purchases of and all contracts for supplies, materials, purchase or rental of equipment, and utility services must be based on competitive bids. These contracts are subject to the competitive bid requirements of sections 16B.07 to 16B.09, and to the provisions of sections 16B.101, 16B.102, 16B.103, 16B.121, 16B.122, 16B.123, 16B.18, 16B.185, and 16B.19 to 16B.227 to the extent that these sections grant preferences in contracting.
Sec. 40. [3.2243] [INFORMATION SYSTEMS; TELECOMMUNICATION.]
The house of representatives, the senate, and any other commission or entity in the legislative branch are considered state agencies for purposes of administration and control of state computer activities and information systems under sections 16B.40 and 16B.41, and control of state telecommunication facilities under section 16B.46.
Sec. 41. [3.2244] [ACCOUNTING; PAYROLL.]
The house of representatives, the senate, and any other commission or entity in the legislative branch must use the uniform accounting and payroll systems prescribed by the commissioner of finance."
Page 35, after line 28, insert:
"Sec. 55. Minnesota Statutes 1994, section 16A.124, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms have the meanings here given them.
(a) "Commissioner" means the commissioner of finance.
(b) "State agency" has the meaning assigned to it in section 16B.01, and also includes the house of representatives, the senate, and any other commission or entity in the legislative branch."
Page 94, after line 22, insert:
"Sec. 142. [STUDIES.]
Subdivision 1. [CIVIL SERVICE.] The legislature determines that all employment positions in the house of representatives, the senate, and other commissions and entities in the legislative branch should be in the classified state civil service unless political affiliation is an appropriate ground for selection for the position. The legislative coordinating commission shall report to the legislature by January 15, 1996, on which legislative positions meet the criteria for exclusion from the classified service.
Subd. 2. [DATA PRACTICES.] The legislature determines that the government data practices act should apply to the legislature. The legislative coordinating commission shall report to the legislature by January 15, 1996, on its recommendations for any legislative data that should be classified as other than public under the data practices act.
Subd. 3. [LEGISLATOR PENSIONS.] The legislature determines that the value of a year of service credit under the legislators pension plan should be not greater than the value of a year of service for an employee with the same salary in the Minnesota state retirement system general plan. The legislative coordinating commission shall report to the legislature by January 15, 1996, on its recommendations for changes in the legislative pension plan to comply with this policy.
Subd. 4. [RECOMMENDATIONS FOR LEGISLATION.] The legislative coordinating commission shall also recommend to the legislature the changes in law that it determines are necessary to accomplish its other recommendations under this section."
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 Anderson, B., et al amendment and the roll was called. There were 61 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Larsen Ozment Tuma Anderson, B. Girard Leppik Paulsen Van Dellen Bettermann Goodno Lindner Pawlenty Van Engen Bishop Haas Lynch Rhodes Vickerman Boudreau Hackbarth Macklin Rostberg Warkentin Bradley Harder Mares Seagren Weaver Broecker Holsten McElroy Smith Wolf Commers Hugoson Molnau Stanek Worke Daggett Knight Mulder Sviggum Workman Dehler Knoblach Ness Swenson, D. Dempsey Koppendrayer Olson, M. Swenson, H. Erhardt Kraus Onnen Sykora Finseth Krinkie Osskopp TompkinsThose who voted in the negative were:
Bakk Greenfield Leighton Orenstein Simoneau Bertram Greiling Lieder Orfield Skoglund Brown Hasskamp Long Osthoff Solberg Carlson Hausman Lourey Ostrom Tomassoni Carruthers Huntley Luther Otremba Trimble Clark Jaros Mahon Pellow Tunheim Cooper Jefferson Mariani Pelowski Wagenius Dauner Jennings Marko Perlt Wejcman Davids Johnson, A. McCollum Peterson Wenzel Dawkins Johnson, R. McGuire Pugh Winter Delmont Johnson, V. Milbert Rest Sp.Anderson,I Dorn Kahn Munger Rice Entenza Kalis Murphy Rukavina Farrell Kelley Olson, E. Sarna Garcia Kinkel Opatz SchumacherThe motion did not prevail and the amendment was not adopted.
Lindner moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 38, after line 11, insert:
"Sec. 60. [16B.168] [CONTRACTING.]
At least ten percent of the work done in connection with the operation of each executive branch agency must be performed by private sector contractors."
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 Lindner amendment and the roll was called. There were 30 yeas and 102 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Frerichs Kraus Osskopp Worke Bettermann Girard Krinkie Paulsen Workman Boudreau Haas Lindner Pellow Broecker Holsten McElroy Sviggum Commers Hugoson Molnau Tompkins Daggett Knight Mulder Tuma Dempsey Koppendrayer Olson, M. Van DellenThose who voted in the negative were:
Abrams Goodno Leppik Orfield Solberg Bakk Greenfield Lieder Osthoff Stanek Bertram Greiling Long Ostrom Swenson, D. Bishop Hackbarth Lourey Otremba Swenson, H. Bradley Harder Luther Ozment Sykora Brown Hasskamp Lynch Pawlenty Tomassoni Carlson Hausman Macklin Pelowski Trimble Carruthers Huntley Mahon Perlt Tunheim Clark Jaros Mares Peterson Van Engen Cooper Jefferson Mariani Pugh Vickerman Dauner Jennings Marko Rest Wagenius Davids Johnson, A. McCollum Rhodes Warkentin Dawkins Johnson, R. McGuire Rice Weaver Dehler Johnson, V. Milbert Rostberg Wejcman Delmont Kahn Munger Rukavina Wenzel Dorn Kalis Murphy Sarna Winter Entenza Kelley Ness Schumacher Wolf Erhardt Kinkel Olson, E. Seagren Sp.Anderson,I Farrell Knoblach Onnen Simoneau Finseth Larsen Opatz Skoglund Garcia Leighton Orenstein SmithThe motion did not prevail and the amendment was not adopted.
Murphy moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 52, after line 5, insert:
"Sec. 77. Minnesota Statutes 1994, section 43A.27, subdivision 2, is amended to read:
Subd. 2. [ELECTIVE ELIGIBILITY.] The following persons, if not otherwise covered by section 43A.24, may elect coverage for themselves or their dependents at their own expense:
(a) a state employee, including persons on layoff from a civil service position as provided in collective bargaining agreements or a plan established pursuant to section 43A.18;
(b) an employee of the board of regents of the University of Minnesota, including persons on layoff, as provided in collective bargaining agreements or by the board of regents;
(c) an officer or employee of the state agricultural society, state horticultural society, Sibley house association, Minnesota humanities commission, Minnesota area industry labor management councils, Minnesota international center, Minnesota academy of science, science museum of Minnesota, Minnesota safety council, state office of disabled American veterans, state office of the American Legion and its auxiliary, state office of veterans of foreign wars and its auxiliary, or state office of the Military Order of the Purple Heart;
(d) a civilian employee of the adjutant general who is paid from federal funds and who is not eligible for benefits from any federal civilian employee group life insurance or health benefits program; and
(e) an officer or employee of the state capitol credit union or the highway credit union."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Bishop moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 96, after line 13, insert:
"Sec. 142. [ONE PERCENT REDUCTION.]
All tax expenditures in bills adopted or to be adopted this session, and all appropriations from the general fund in bills adopted or to be adopted in this session, with the sole exception of appropriations that are matched by other funds, are reduced by one percent.
Sec. 143. [PREVAILING LAW; LEGISLATIVE INTENT.]
Notwithstanding Minnesota Statutes, section 645.26, subdivision 3, to the contrary, section 142 shall prevail over any other law passed during the 1995 legislative session even if the other law is the latest law in date of final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Bishop amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 63 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Osskopp Swenson, H. Anderson, B. Frerichs Krinkie Osthoff Sykora Bettermann Girard Larsen Paulsen Tompkins Bishop Goodno Leppik Pawlenty Tuma Boudreau Haas Lynch Pellow Van Dellen Bradley Hackbarth Macklin Rhodes Van Engen Broecker Harder Mares Rostberg Vickerman Commers Holsten McElroy Schumacher Warkentin Daggett Hugoson Molnau Seagren Weaver Davids Johnson, V. Mulder Smith Worke Dehler Knight Ness Stanek Workman Dempsey Knoblach Olson, M. Sviggum Erhardt Koppendrayer Onnen Swenson, D.Those who voted in the negative were:
Bakk Greiling LiederOpatzSimoneau
Bertram Hasskamp LindnerSkoglund
Brown Hausman LongSolberg
Carlson Huntley LoureyTomassoni
Carruthers Jaros LutherTrimble
Clark Jefferson MahonTunheim
Cooper Jennings MarianiWagenius
Dauner Johnson, A. MarkoWejcman
Dawkins Johnson, R. McCollumWenzel
Delmont Kahn McGuireWinter
Dorn Kalis MilbertWolf
Entenza Kelley MungerSp.Anderson,I
Garcia Kinkel Murphy
Greenfield Leighton Olson, E.
Orenstein
Orfield
Ostrom
Otremba
Ozment
Pelowski
Perlt
Peterson
Pugh
Rest
Rice
Rukavina
Sarna
The motion did not prevail and the amendment was not adopted.Knight moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 72, after line 15, insert:
"Sec. 105. [APPROPRIATION.]
During the biennium ending June 30, 1997, all money deposited in the general fund under section 104 is appropriated to the metropolitan council for purposes of metro mobility. This money is in addition to other amounts appropriated for metro mobility. It is anticipated that this amount will be $2,450,000 in each year of the biennium."
Correct bill totals
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 30 yeas and 102 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Haas Mares Seagren Worke Bettermann Hackbarth McElroy Smith Workman Broecker Holsten Molnau Swenson, D. Commers Knight Olson, M. Tompkins Davids Krinkie Osskopp Tuma Finseth Luther Ozment Van Engen Goodno Lynch Pawlenty WolfThose who voted in the negative were:
Abrams Frerichs Koppendrayer Onnen Skoglund Bakk Garcia Kraus Opatz Solberg Bertram Girard Larsen Orenstein Stanek Bishop Greenfield Leighton Orfield Sviggum Boudreau Greiling Leppik Osthoff Swenson, H. Bradley Harder Lieder Ostrom Sykora Brown Hasskamp Lindner Otremba Tomassoni Carlson Hausman Long Paulsen Trimble Carruthers Hugoson Lourey Pellow Tunheim Clark Huntley Macklin Pelowski Van Dellen Cooper Jaros Mahon Perlt Vickerman Daggett Jefferson Mariani Peterson Wagenius Dauner Jennings Marko Pugh Warkentin Dawkins Johnson, A. McCollum Rest Weaver Dehler Johnson, R. McGuire Rhodes Wejcman Delmont Johnson, V. Milbert Rice Wenzel Dempsey Kahn Mulder Rostberg Winter Dorn Kalis Munger Rukavina Sp.Anderson,I Entenza Kelley Murphy Sarna Erhardt Kinkel Ness Schumacher Farrell Knoblach Olson, E. SimoneauThe motion did not prevail and the amendment was not adopted.
Abrams moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 6, after line 24, insert:
"Subd. 8. General Reduction
(1,000,000) (1,000,000)
This reduction is to be allocated at the discretion of the attorney general."
Correct the subdivision and section totals and the summaries by fund accordingly
A roll call was requested and properly seconded.
The question was taken on the Abrams amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, M. Swenson, H. Anderson, B. Frerichs Kraus Onnen Sykora Bettermann Girard Krinkie Osskopp Tompkins Bishop Goodno Larsen Paulsen Tuma Boudreau Haas Leppik Pawlenty Van Dellen Bradley Hackbarth Lindner Pellow Van Engen Broecker Harder Lynch Rhodes Vickerman Commers Holsten Macklin Rostberg Warkentin Daggett Hugoson Mares Seagren Weaver Davids Jennings McElroy Simoneau Wolf Dehler Johnson, V. Molnau Stanek Worke Dempsey Knight Mulder Sviggum Workman Erhardt Knoblach Ness Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Smith Bertram Greiling Long Ostrom Solberg Brown Hasskamp Lourey Otremba Tomassoni Carlson Hausman Luther Ozment Trimble Carruthers Huntley Mahon Pelowski Tunheim Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Johnson, A. McCollum Pugh Winter Dawkins Johnson, R. McGuire Rest Sp.Anderson,I Delmont Kahn Milbert Rice Dorn Kalis Murphy Rukavina Entenza Kelley Olson, E. Sarna Farrell Kinkel Opatz Schumacher Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Dehler and Dempsey moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 61, line 12, delete "July 1," and insert "November 1, 1996"
Page 61, line 13, delete "1995"
Page 95, line 22, after "240.29" insert ", effective November 1, 1996"
Page 96, line 8, after "1a" insert ", are repealed effective November 1, 1996"
Page 96, after line 26, insert:
"Subd. 6. [PARI-MUTUEL HORSE RACING.] Sections 84 to 90 are effective November 1, 1996."
The motion did not prevail and the amendment was not adopted.
Abrams moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 10, after line 30, insert:
"The appropriations in this section are contingent on an entity receiving an appropriation paying its employees at least a poverty-level wage. For purposes of this section "poverty level wage" means the hourly wage necessary for an employee working 40 hours a week, 52 weeks a year, to earn an annual wage equal to 100 percent of the federal poverty level for a family of four. Poverty level wage includes the employer's share of any health and dental coverage."
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 Abrams amendment and the roll was called. There were 68 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Abrams Haas Leppik Pawlenty Sykora Anderson, B. Hackbarth Lindner Pellow Tompkins Bakk Harder Lynch Pelowski Tuma Bishop Holsten Mares Pugh Van Dellen Boudreau Hugoson McElroy Rhodes Van Engen Broecker Jaros Molnau Rostberg Vickerman Commers Jefferson Mulder Seagren Warkentin Davids Johnson, V. Ness Simoneau Weaver Dehler Knight Olson, E. Skoglund Winter Dempsey Knoblach Olson, M. Smith Wolf Erhardt Koppendrayer Osskopp Stanek Worke Finseth Kraus Osthoff Sviggum Workman Frerichs Krinkie Ozment Swenson, D. Girard Larsen Paulsen Swenson, H.Those who voted in the negative were:
Bertram Entenza Kalis McGuire Rice Bettermann Farrell Kelley Milbert Rukavina Bradley Garcia Kinkel Munger Sarna Brown Goodno Leighton Murphy Schumacher Carlson Greenfield Lieder Onnen Solberg Carruthers Greiling Long Opatz Tomassoni Clark Hasskamp Lourey Orenstein Trimble Cooper Hausman Luther Orfield Tunheim Daggett Huntley Macklin Ostrom Wagenius Dauner Jennings Mahon Otremba Wejcman Dawkins Johnson, A. Mariani Perlt Wenzel Delmont Johnson, R. Marko Peterson Sp.Anderson,I Dorn Kahn McCollum RestThe motion prevailed and the amendment was adopted.
Krinkie and Osskopp moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 61, delete section 91
Page 96, after line 13, insert:
"(d) Minnesota Statutes 1994, section 240A.08, is repealed."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Krinkie and Osskopp amendment and the roll was called. There were 38 yeas and 94 nays as follows:
Those who voted in the affirmative were:
Abrams Hackbarth Macklin Osthoff Swenson, D. Anderson, B. Hausman Mares Ostrom Swenson, H. Boudreau Holsten Marko Otremba Tompkins Broecker Knight McCollum Pawlenty Tuma Commers Koppendrayer Mulder Pellow Worke Daggett Krinkie Olson, M. Perlt Workman Finseth Lindner Onnen Rostberg Haas Luther Osskopp SmithThose who voted in the negative were:
Bakk Farrell Kelley Ness Solberg Bertram Frerichs Kinkel Olson, E. Stanek Bettermann Garcia Knoblach Opatz Sviggum Bishop Girard Kraus Orenstein Sykora Bradley Goodno Larsen Orfield Tomassoni Brown Greenfield Leighton Ozment Trimble Carlson Greiling Leppik Paulsen Tunheim Carruthers Harder Lieder Pelowski Van Dellen Clark Hasskamp Long Peterson Van Engen Cooper Hugoson Lourey Pugh Vickerman Dauner Huntley Lynch Rest Wagenius Davids Jaros Mahon Rhodes Warkentin Dawkins Jefferson Mariani Rice Weaver Dehler Jennings McElroy Rukavina Wejcman Delmont Johnson, A. McGuire Sarna Wenzel Dempsey Johnson, R. Milbert Schumacher Winter Dorn Johnson, V. Molnau Seagren Wolf Entenza Kahn Munger Simoneau Sp.Anderson,I Erhardt Kalis Murphy SkoglundThe motion did not prevail and the amendment was not adopted.
Osskopp moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 9, line 34, delete "$1,050,000" and insert "$900,000"
Page 9, line 35, delete "$1,050,000" and insert "$900,000"
Page 9, line 37, delete "$600,000" in both places and insert "$500,000" in both places
Page 9, line 43, delete "$300,000" in both places and insert "$225,000" in both places
Page 9, line 51, delete "$344,000" in both places and insert "$269,000" in both places
Page 10, after line 4, insert:
"$800,000 for the biennium is for the commissioner of administration to contract with a private entity to establish a legislative broadcasting corporation. This private entity must be selected through a public bidding process. Of this amount, $300,000 is for audio/video wiring and lighting of legislative committee rooms that are not currently broadcast-ready. Of this amount, $500,000 is for purchase of equipment needed to broadcast legislative activities. The commissioner and the private entity selected under this paragraph shall seek grants for the remainder of equipment costs and for the costs of statewide distribution of televised legislative proceedings in the most efficient and effective manner."
A roll call was requested and properly seconded.
The question was taken on the Osskopp amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 46 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Abrams Haas Lindner Ozment Van Dellen Anderson, B. Hackbarth Lynch Paulsen Vickerman Boudreau Harder Mares Pawlenty Warkentin Bradley Holsten McElroy Rostberg Weaver Broecker Hugoson Molnau Stanek Worke Commers Knight Mulder Sviggum Workman Dempsey Koppendrayer Ness Swenson, H. Erhardt Kraus Olson, M. Sykora Frerichs Krinkie Onnen Tompkins Girard Larsen Osskopp TumaThose who voted in the negative were:
Bakk Farrell Kelley Murphy Seagren Bertram Finseth Kinkel Olson, E. Simoneau Bettermann Garcia Knoblach Orenstein Skoglund Bishop Goodno Leighton Osthoff Smith Brown Greenfield Leppik Ostrom Solberg Carlson Greiling Lieder Otremba Swenson, D. Carruthers Hasskamp Long Pellow Tomassoni Clark Hausman Lourey Pelowski Trimble Cooper Huntley Luther Perlt Tunheim Daggett Jaros Macklin Peterson Van Engen Dauner Jefferson Mahon Pugh Wagenius Davids Jennings Mariani Rest Wejcman Dawkins Johnson, A. Marko Rhodes Wenzel Dehler Johnson, R. McCollum Rice Winter Delmont Johnson, V. McGuire Rukavina Wolf Dorn Kahn Milbert Sarna Sp.Anderson,I Entenza Kalis Munger SchumacherThe motion did not prevail and the amendment was not adopted.
Kelley was excused for the remainder of today's session.
Knight moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 12, delete lines 11 to 18
Page 52, delete section 77
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.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 39 yeas and 90 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Krinkie Pawlenty Tompkins Anderson, B. Goodno Lindner Pellow Tuma Bishop Haas Lynch Smith Van Dellen Broecker Hackbarth Macklin Stanek Vickerman Commers Holsten Molnau Sviggum Warkentin Davids Knight Olson, M. Swenson, D. Weaver Erhardt Koppendrayer Osskopp Swenson, H. Workman Frerichs Kraus Paulsen SykoraThose who voted in the negative were:
Bakk Finseth Leighton Onnen Simoneau Bertram Garcia Leppik Orenstein Skoglund Bettermann Greenfield Lieder Orfield Solberg Boudreau Greiling Long Osthoff Tomassoni Bradley Harder Lourey Ostrom Trimble Brown Hasskamp Luther Otremba Tunheim Carlson Hausman Mahon Ozment Van Engen Carruthers Huntley Mares Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Daggett Jennings McCollum Pugh Winter Dauner Johnson, A. McElroy Rest Wolf Dawkins Johnson, R. McGuire Rhodes Worke Dehler Johnson, V. Milbert Rice Sp.Anderson,I Delmont Kahn Mulder Rostberg Dempsey Kalis Munger Rukavina Dorn Kinkel Murphy Sarna Entenza Knoblach Ness Schumacher Farrell Larsen Olson, E. SeagrenThe motion did not prevail and the amendment was not adopted.
Koppendrayer moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 63, after line 33, insert:
"Sec. 95. [356.2795] [RETIREMENT FUND EQUITY REPORT.]
The legislature finds that it is in the interest of the state and all of its valued employees to ensure that public pension and retirement programs are of equal valuation across all funds. Furthermore, the legislature finds that all individual members of the state's public pension and retirement funds, regardless of age, classification, or seniority, are entitled to the same level of benefits in proportion to their contribution.
On January 1 of each year the legislative commission on pensions and retirement shall submit to the legislative coordinating commission and the governor, and shall make available to the public, a retirement fund equity report containing the following information:
(1) A listing, by category, of pension plan modifications since 1988 which result in immediate or future benefit changes including, but not limited to: increases or decreases in employer or employee contributions, allowable returns to full or part-time employment to the employer agency from which a member has officially retired, any changes in the formula used in the computation of annuities, any additional retirement related levies allowed or required of local
units of government, retroactive provisions, special grants of allowable service credits for individuals or groups of employees, lump sum payments allowed to retirees (13th check), lump sum payments permitted to pension funds in order to increase retirement benefits, and any other measures which result in increased retirement benefits;
(2) background on the reason for the above benefit changes, estimated costs to the general fund, costs to employees, employer/agencies, and affected state retirement funds, and local units of government; and
(3) a listing of early retirement incentive programs, listing affected agencies, number of employees targeted, per retirement costs associated with the program, and concurrence with the recommendations in the 1995 legislative auditor's report on early retirement incentives."
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 Koppendrayer amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 63 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Osskopp Sykora Anderson, B. Frerichs Larsen Ozment Tompkins Bettermann Girard Leppik Paulsen Tuma Bishop Goodno Lindner Pawlenty Van Dellen Boudreau Haas Lynch Pellow Van Engen Bradley Hackbarth Macklin Rhodes Vickerman Broecker Harder Mares Rostberg Warkentin Commers Holsten McElroy Seagren Weaver Daggett Johnson, V. Molnau Smith Wolf Davids Knight Mulder Stanek Worke Dehler Knoblach Ness Sviggum Workman Dempsey Koppendrayer Olson, M. Swenson, D. Erhardt Kraus Onnen Swenson, H.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Rukavina Entenza Kalis Murphy Sarna Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Opatz was excused for the remainder of today's session.
Sviggum moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 3, delete lines 11 to 13
Page 3, delete lines 17 to 19
Page 3, delete line 43 and insert:
"687,000 683,000"
Page 3, delete lines 44 to 48
Page 4, delete lines 1 to 6
Page 122, after line 6, insert:
Section 1. Minnesota Statutes 1994, section 3.846, subdivision
Subd. 2. [NOTICE.] The notice must be published in the State
Register and filed with the secretary of state and the
legislative commission to review administrative rules. The
notice must contain a citation to the statutory authority for the
exempt rule and either: (1) a copy of the rule; or (2) a
description of the nature and effect of the rule and an
announcement that a free copy of the rule is available from the
agency on request.
Sec. 2. Minnesota Statutes 1994, section 14.131, is amended to read:
14.131 [STATEMENT OF NEED AND REASONABLENESS.]
Before the agency orders the publication of a rulemaking notice required by section 14.14, subdivision 1a, the agency must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule and a fiscal note if required by section 3.982. The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge.
The agency shall send a copy of the statement of need and
reasonableness to the legislative commission to review
administrative rules when it becomes available for public
review.
Sec. 3. Minnesota Statutes 1994, section 14.15, subdivision 4, is amended to read:
Subd. 4. [NEED OR REASONABLENESS NOT ESTABLISHED.] If the
chief administrative law judge determines that the need for or
reasonableness of the rule has not been established pursuant
to in accordance with section 14.14, subdivision 2,
and if the agency does not elect to follow the suggested actions
of the chief administrative law judge to correct that defect,
then the agency shall submit the proposed rule to the
legislative commission to review administrative rules
appropriate committees of the house of representatives and the
senate for the commission's committees' advice
and comment. The agency shall may not adopt the
rule until it has received and considered the advice of the
commission committees. However, the agency is not
required to delay adoption longer than 30 days after the
commission has committees have received the
agency's submission. Advice of the commission shall
committees is not be binding on the agency.
Sec. 4. Minnesota Statutes 1994, section 14.19, is amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
The agency shall, within 180 days after issuance of the
administrative law judge's report, shall submit its notice
of adoption, amendment, suspension, or repeal to the State
Register for publication. If the agency has not submitted its
notice to the State Register within 180 days, the rule is
automatically withdrawn. The agency shall may not
adopt the withdrawn rules without again following the procedures
of sections 14.05 to 14.36. It shall report to the
legislative commission to review administrative rules, other
appropriate committees of the legislature, and the
governor its failure to adopt rules and the reasons for that
failure. The 180-day time limit of this section does not include
any days used for review by the chief administrative law
judge, or the attorney general, or the
legislative commission to review administrative rules if the
review is required by law.
Sec. 5. Minnesota Statutes 1994, section 14.23, is amended to read:
14.23 [STATEMENT OF NEED AND REASONABLENESS.]
Before the date of the section 14.22 notice, the agency shall
prepare a statement of need and reasonableness, which
shall must be available to the public. For at
least 30 days following the notice, the agency shall afford all
interested persons an opportunity to request a public hearing and
to submit data and views on the proposed rule in writing.
The agency shall send a copy of the statement of need and
reasonableness to the legislative commission to review
administrative rules when it becomes available to the
public.
Sec. 6. Minnesota Statutes 1994, section 14.26, is amended to read:
14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY GENERAL.]
Subdivision 1. [SUBMISSION.] If no hearing is required, the
agency shall submit to the attorney general the proposed rule and
notice as published, the rule as proposed for adoption, any
written comments received by the agency, and a statement of need
and reasonableness for the rule. The agency shall give notice to
all persons who requested to be informed that these materials
have been submitted to the attorney general. This notice
shall must be given on the same day that the record
is submitted. If the proposed rule has been modified, the notice
shall must state that fact, and shall
must state that a free copy of the proposed rule, as
modified, is available upon request from the agency. The rule
and these materials shall must be submitted to the
attorney general within 180 days of the day that the comment
period for the rule is over or the rule is automatically
withdrawn. The agency shall report its failure to adopt the
rules and the reasons for that failure to the legislative
commission to review administrative rules, other appropriate
legislative committees, and the governor.
Subd. 2. [RESUBMISSION.] Even if the 180-day period expires while the attorney general reviews the rule, if the attorney general rejects the rule, the agency may resubmit it after taking corrective action. The resubmission must occur within 30 days of when the agency receives written notice of the disapproval. If the rule is again disapproved, the rule is withdrawn. An agency may resubmit at any time before the expiration of the 180-day period. If the agency withholds some of the proposed rule, it may not adopt the withheld portion without again following the procedures of sections 14.14 to 14.28, or 14.29 to 14.36.
Subd. 3. [REVIEW.] The attorney general shall approve or
disapprove the rule as to its legality and its form to the extent
the form relates to legality, including the issue of substantial
change, and determine whether the agency has the authority to
adopt the rule and whether the record demonstrates a rational
basis for the need for and reasonableness of the proposed rule
within 14 days. If the rule is approved, the attorney general
shall promptly file two copies of it in the office of the
secretary of state. The secretary of state shall forward one
copy of each rule to the revisor of statutes. If the rule is
disapproved, the attorney general shall state in writing the
reasons and make recommendations to overcome the deficiencies,
and the rule shall may not be filed in the office
of the secretary of state, nor published until the
deficiencies have been overcome. The attorney general shall send
a statement of reasons for disapproval of the rule to the agency,
the chief administrative law judge, the legislative commission
to review administrative rules, and to the revisor of
statutes.
The attorney general shall disregard any error or defect in the proceeding due to the agency's failure to satisfy any procedural requirements imposed by law or rule if the attorney general finds:
(1) that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process; or
(2) that the agency has taken corrective action to cure the error or defect so that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process.
Subd. 4. [COSTS.] The attorney general shall assess an agency for the actual cost of processing rules under this section. The agency shall pay the attorney general's assessments using the procedures of section 8.15. Each agency shall include in its budget money to pay the attorney general's assessment. Receipts from the assessment must be deposited in the state treasury and credited to the general fund.
Sec. 7. Minnesota Statutes 1994, section 14.32, subdivision 2, is amended to read:
Subd. 2. [REVIEW.] The attorney general shall review the
proposed emergency rule as to its legality, review its form to
the extent the form relates to legality, and shall approve
or disapprove the proposed emergency rule and any modifications
on the tenth working day following the date of receipt of the
proposed emergency rule from the agency.
The attorney general shall send a statement of reasons for
disapproval of the rule to the agency, the chief administrative
law judge, the legislative commission to review administrative
rules, and to the revisor of statutes.
The attorney general shall disregard any error or defect in the proceeding due to the agency's failure to satisfy any procedural requirement imposed by law or rule if the attorney general finds:
(1) that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process; or
(2) that the agency has taken corrective action to cure the error or defect so that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process.
Sec. 8. Minnesota Statutes 1994, section 14.47, subdivision 3, is amended to read:
Subd. 3. [SOURCE OF TEXT.] In order to ensure that the
complete text of rules is included in the first compilation
published pursuant to in accordance with
subdivision 1, clause (2), and containing the revisor's
certificate, the revisor may use the Minnesota Code of Agency
Rules, the State Register, the rule files of the secretary of
state, the files of individual agencies, the records of the
administrative law judge's office, and the records of the
attorney general. The revisor is not required to compare the
text of a rule as shown by the other possible source documents
with the text of the rule in the secretary of state's file.
If any comparison of documents shows there is a material
discrepancy in the text of the rule, the revisor shall include in
Minnesota Rules the text in the secretary of state's files unless
the discrepancy between the secretary of state's files and any of
the other documents is the result of an obvious unintentional
omission or clerical error. The text published by the revisor
shall must correct those omissions and errors. The
revisor shall add an appropriate footnote describing the apparent
discrepancy in text. Before publication of Minnesota Rules, the
revisor shall also notify the agency whose rules are affected,
the attorney general, and the chief administrative law
judge, and the legislative commission to review administrative
rules about the omission or error.
If any comparison of documents shows that a rule has been filed
with the secretary of state but apparently has not been published
in the State Register as required by law, the revisor may,
unless the attorney general objects, include the rule in
Minnesota Rules or omit the rule if the rule was a repeal,
but shall add an appropriate footnote describing the apparent
fault. Before publication of Minnesota Rules, the revisor shall
notify the agency whose rules are affected, the attorney general,
and the chief administrative law judge, and the
legislative commission to review administrative rules about
the apparent lack of publication.
If a comparison of documents shows that a rule as adopted in
the State Register has apparently not been filed with the
secretary of state, the revisor may not publish the rule in
Minnesota Rules unless the attorney general approves the
publication. Before publication of Minnesota Rules the revisor
shall notify the agency affected, the attorney general,
and the chief administrative law judge and the
legislative commission to review administrative rules of the
apparent lack of filing of the rule. If the revisor publishes
the rule, the revisor shall add an appropriate footnote
describing the apparent lack of filing.
Sec. 9. Minnesota Statutes 1994, section 14.47, subdivision 6, is amended to read:
Subd. 6. [OMISSION OF TEXT.] (a) For purposes of any
compilation or publication of the rules, the revisor, unless the
attorney general objects, may omit any extraneous descriptive or
informative text which that is not an operative
portion of the rule. The revisor may also omit effective date
provisions, statements that a rule is repealed, prefaces,
appendices, guidelines, organizational descriptions, explanations
of federal or state law, and similar material. The revisor shall
consult with the agency, the attorney general, the legislative
commission to review administrative rules, and with
the chief administrative law judge before omitting any text from
publication.
(b) For the purposes of any compilation or publication of the
rules, the revisor, unless the attorney general objects, may omit
any rules that, by their own terms, are no longer effective or
have been repealed directly by the agency, repealed by the
legislature, or declared unconstitutional or otherwise void by a
court of last resort. The revisor shall may not
remove a rule which that is suspended and not fully
repealed, but shall, if practicable, note the fact of suspension
in Minnesota Rules. The revisor shall consult the agency
involved, the attorney general, and the chief
administrative law judge, and the legislative commission to
review administrative rules before omitting a rule from
publication.
Sec. 10. Minnesota Statutes 1994, section 14.47, subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall must be sold by the revisor for a reasonable
fee and its proceeds deposited in the general fund. An agency
shall purchase from the revisor the number of copies of the
compilation or supplement needed by the agency. The revisor
shall provide without charge copies of each edition of any
compilation, reissue, or supplement to the persons or bodies
listed in this subdivision. Those copies must be marked with the
words "State Copy" and kept for the use of the office. The
revisor shall distribute:
(a) 25 copies to the office of the attorney general;
(b) 12 copies for the legislative commission for review of
administrative rules;
(c) 3 copies to the revisor of statutes for transmission
to the Library of Congress for copyright and depository
purposes;
(d) (c) 150 copies to the state law library;
(e) (d) 10 copies to the law school of the
University of Minnesota; and
(f) (e) one copy of any compilation or supplement
to each county library maintained pursuant to under
section 134.12 upon its request, except in counties containing
cities of the first class. If a county has not established a
county library pursuant to under section 134.12,
the copy will must be provided to any public
library in the county upon its request.
Sec. 11. Minnesota Statutes 1994, section 62J.04, subdivision 1a, is amended to read:
Subd. 1a. [ADJUSTED GROWTH LIMITS AND ENFORCEMENT.] (a) The
commissioner shall publish the final adjusted growth limit in the
State Register by January 31 of the year that the expenditure
limit is to be in effect. The adjusted limit must reflect the
actual regional consumer price index for urban consumers for the
previous calendar year, and may deviate from the
previously published projected growth limits to reflect
differences between the actual regional consumer price index for
urban consumers and the projected Consumer Price Index for urban
consumers. The commissioner shall report to the legislature by
February 15 of each year on differences between the projected
increase in health care expenditures, the actual expenditures
based on data collected, and the impact and validity of growth
limits within the overall health care reform strategy.
(b) The commissioner shall enforce limits on growth in spending and revenues for integrated service networks and for the regulated all-payer option. If the commissioner determines that artificial inflation or padding of costs or prices has occurred in anticipation of the implementation of growth limits, the commissioner may adjust the base year spending totals or growth limits or take other action to reverse the effect of the artificial inflation or padding.
(c) The commissioner shall impose and enforce overall limits on growth in revenues and spending for integrated service networks, with adjustments for changes in enrollment, benefits, severity, and risks. If an integrated service network exceeds the growth limits, the commissioner may reduce future limits on growth in aggregate premium revenues for that integrated service network by up to the amount overspent. If the integrated service network system exceeds a systemwide spending limit, the commissioner may reduce future limits on growth in premium revenues for the integrated service network system by up to the amount overspent.
(d) The commissioner shall set prices, utilization controls, and other requirements for the regulated all-payer option to ensure that the overall costs of this system, after adjusting for changes in population, severity, and risk, do not exceed the growth limits. If growth limits for a calendar year are exceeded, the commissioner may reduce reimbursement rates or otherwise recoup amounts exceeding the limit for all or part of the next calendar year. To the extent possible, the commissioner may reduce reimbursement rates or otherwise recoup amounts over the limit from individual providers who exceed the growth limits.
(e) The commissioner, in consultation with the Minnesota
health care commission, shall research and make
recommendations to the legislature regarding the implementation
of growth limits for integrated service networks and the
regulated all-payer option. The commissioner must
shall consider both spending and revenue approaches and
will report on the implementation of the interim limits as
defined in sections 62P.04 and 62P.05. The commissioner
must shall examine and make recommendations on the
use of annual update factors based on volume
performance standards as a mechanism for achieving controls on
spending in the all-payer option. The commissioner must
shall make recommendations regarding the enforcement
mechanism and must shall consider mechanisms to
adjust future growth limits as well as mechanisms to establish
financial penalties for noncompliance. The commissioner
must shall also address the feasibility of
systemwide limits imposed on all integrated service networks.
(f) The commissioner shall report to the legislative
commission on health care access by December 1, 1994, on trends
in aggregate spending and premium revenue for health plan
companies. The commissioner shall use data submitted under
section 62P.04 and other available data to complete this
report.
Sec. 12. Minnesota Statutes 1994, section 62J.04, subdivision 9, is amended to read:
Subd. 9. [GROWTH LIMITS; FEDERAL PROGRAMS.] The commissioners
of health and human services shall establish a rate methodology
for Medicare and Medicaid risk-based contracting with health plan
companies that is consistent with statewide growth limits.
The methodology shall be presented for review by the Minnesota
health care commission and the legislative commission on health
care access prior to the submission of a waiver request to the
health care financing administration and subsequent
implementation of the methodology.
Sec. 13. Minnesota Statutes 1994, section 62Q.33, subdivision 5, is amended to read:
Subd. 5. [TIMELINE.] (a) By October 1, 1994, the
commissioner shall submit to the legislative commission on health
care access the initial report and recommendations required by
subdivisions 2 to 4.
(b) By February 15, 1995, the commissioner, in
cooperation with the legislative commission on health care
access, shall submit a final report to the legislature, with
specific recommendations for capacity building and financing to
be implemented over the period from January 1, 1996, through
December 31, 1997.
(c) (b) By January 1, 1997, and by January 1 of
each odd-numbered year thereafter, the commissioner shall present
to the legislature an updated report and recommendations.
Sec. 14. Minnesota Statutes 1994, section 85.019, subdivision 2, is amended to read:
Subd. 2. [GRANTS FOR PARKS AND TRAILS.] The commissioner shall
administer a program to provide grants to units of government
located within standard metropolitan statistical areas, as
designated by the United States Office of Management and Budget,
but outside of the metropolitan area defined in section 473.121.
The grants shall must be for acquisition and
betterment by units of government of public land and improvements
needed for parks, trails, conservatories, zoos, and other special
use facilities having recreational significance for the entire
population of the particular standard metropolitan statistical
area. Appropriations made for this purpose shall
must be expended with the approval of the governor after
consultation with the legislative advisory commission. The
legislative commission on division of Minnesota
resources shall make recommendations to the legislative advisory
commission regarding the expenditures. The local contribution
required shall be not less than ten percent. The program
shall must be administered so as to ensure the
maximum possible use of available federal money.
Sec. 15. Minnesota Statutes 1994, section 115A.07, subdivision 3, is amended to read:
Subd. 3. [UNIFORM WASTE STATISTICS; RULES.] The director,
after consulting with the commissioner, the metropolitan council,
local government units, and other interested persons, may adopt
rules to establish uniform methods for collecting and reporting
waste reduction, generation, collection, transportation, storage,
recycling, processing, and disposal statistics necessary for
proper waste management and for reporting required by law.
Prior to publishing proposed rules, the director shall submit
draft rules to the legislative commission on waste management for
review and comment. Rules adopted under this subdivision
apply to all persons and units of government in the state for the
purpose of collecting and reporting waste-related statistics
requested under or required by law.
Sec. 16. Minnesota Statutes 1994, section 115A.15, subdivision 5, is amended to read:
Subd. 5. [REPORTS.] (a) By January 1 of each odd-numbered
year, the commissioner of administration shall submit a report to
the governor and to the legislative commission summarizing
past activities and proposed goals of the program for the
following biennium. The report shall include at least:
(1) a summary list of product and commodity purchases that contain recycled materials;
(2) the results of any performance tests conducted on recycled products and agencies' experience with recycled products used;
(3) a list of all organizations participating in and using the cooperative purchasing program; and
(4) a list of products and commodities purchased for their recyclability and of recycled products reviewed for purchase.
(b) By July 1 of each even-numbered year, the commissioner of the pollution control agency and the commissioner of public service shall submit recommendations to the commissioner regarding the operation of the program.
Sec. 17. Minnesota Statutes 1994, section 115A.158, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE; EVALUATION; REPORT.] In requesting proposals, the office shall inform potential developers of the assistance available to them in siting and establishing hazardous waste processing and collection facilities and services in the state and improved industrial waste management in the state, including the availability of sites listed on the office's inventory of preferred areas for hazardous waste processing facilities, the authority of the office to acquire sites and order the establishment of facilities in those areas, the policies and objectives of the hazardous waste management plan, and the availability of information developed by the office on hazardous or industrial waste generation and management in the state.
The office shall evaluate the proposals received in response to its request and determine the extent to which the proposals demonstrate the qualifications of the developers, the technical and economic feasibility of the proposed facility or service, and the extent to which the proposed facility or service will contribute in a significant way to the achievement of the policies and objectives of the hazardous waste management plan.
The office shall report to the legislative commission on the
proposals that it has received and evaluated, and on the
legislative, regulatory, and other actions needed to develop and
operate the proposed facilities or services.
Sec. 18. Minnesota Statutes 1994, section 115A.165, is amended to read:
115A.165 [EVALUATION OF GRANT AND LOAN PROGRAMS; REPORT.]
By November 1 of each even-numbered year, the director shall
evaluate the extent to which the programs provided in sections
115A.152 to 115A.159 have contributed to the achievement of the
policies and objectives of the hazardous waste management plan
and other related planning documents prepared by the director.
The evaluation must consider the amount of waste reduction
achieved by generators through the technical and research
assistance and waste reduction grant programs and the progress in
reducing the need for and practice of disposal achieved through
the development grants and the request for proposal program.
The director shall report the results of the evaluation to the
legislative commission with recommendations for further
action.
Sec. 19. Minnesota Statutes 1994, section 115A.193, is amended to read:
115A.193 [REPORT ON FACILITY DEVELOPMENT.]
The director shall prepare a report concerning the development of a stabilization and containment facility. The report must include:
(a) a conceptual plan that describes and evaluates the proposed design and operation of the facility, including an evaluation of technical feasibility, a description and evaluation of the types and quantities of hazardous waste and nonhazardous residual waste from hazardous waste processing that the facility would be designed to accept, and a description and evaluation of technologies needed or desired at the facility for processing, stabilization, and containment, including above grade containment;
(b) procedures and standards for the operation of the facility that require the use of reduction, recycling, and recovery of any hazardous waste before the waste is accepted for stabilization when the alternative or additional management method is feasible and prudent and would materially reduce adverse impact on human health and the environment;
(c) evaluation of the design and use of the facility for processing, stabilization, or containment of industrial waste, including technical and regulatory issues and alternative management methods;
(d) evaluation of feasible and prudent technologies that may substantially reduce the possibility of migration of any hazardous constituents of wastes that the facility would be designed to accept;
(e) a general analysis of the necessary and desirable physical, locational, and other characteristics of a site for the facility;
(f) an evaluation of the prospects of and conditions required for the regulatory delisting of residual waste from hazardous waste processing;
(g) an evaluation of the feasibility of an interstate, regional approach to the management of hazardous waste; and
(h) an economic feasibility analysis of the development and operation of the facility, including the anticipated use of the facility by Minnesota generators from within and outside the state, and sources of private and public financing that may be available or necessary for development or operation.
The director shall submit a draft of the report to the office
and the legislative commission on waste management by July 1,
1988, and before executing contracts under section
115A.191.
Sec. 20. Minnesota Statutes 1994, section 115A.22, subdivision 5, is amended to read:
Subd. 5. [DUTIES OF LOCAL COMMITTEES.] During the review, the
local project review committee shall: inform affected local
communities, government units, and residents of the proposed land
containment and stabilization and containment facilities and of
the planning and environmental review process relating to the
proposed facilities; solicit and record local attitudes and
concerns respecting the proposed facilities and represent and
communicate such attitudes and concerns to the board, the
legislative commission, the environmental quality board, the
agency, and other units and agencies of government; and act as a
forum for the exchange of local attitudes and concerns and the
development, where possible, of local consensus.
Sec. 21. Minnesota Statutes 1994, section 115A.5501, subdivision 2, is amended to read:
Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall percentage of packaging in the statewide solid waste stream, the director and the chair of the metropolitan council, in consultation with the commissioner, shall each conduct an annual solid waste composition study in the nonmetropolitan and metropolitan areas respectively or shall develop an alternative method that is as statistically reliable as a waste composition study to measure the percentage of packaging in the waste stream.
The chair of the council shall submit the results from the
metropolitan area to the director by May 1 of each year. The
director shall average the nonmetropolitan and metropolitan
results and submit determine the statewide
percentage, along with a statistically reliable margin of
error, to the legislative commission on waste management by
July 1 of each year. The 1994 report must include a discussion
of the reliability of data gathered under this subdivision and
the methodology used to determine a statistically reliable margin
of error.
Sec. 22. Minnesota Statutes 1994, section 115A.5501, subdivision 4, is amended to read:
Subd. 4. [REPORT.] The director shall apply the statewide
percentage determined under subdivision 2 to the aggregate amount
of solid waste determined under subdivision 3 to determine the
amount of packaging in the waste stream. By July 1, 1996, the
director shall submit to the legislative commission on waste
management appropriate committees of the house of
representatives and the senate an analysis of the extent to
which the waste packaging reduction goal in subdivision 1 has
been met. In determining whether the goal has been met, the
margin of error must be applied in favor of meeting the goal.
Sec. 23. Minnesota Statutes 1994, section 115A.551, subdivision 4, is amended to read:
Subd. 4. [INTERIM MONITORING.] The director, for counties
outside of the metropolitan area, and the metropolitan council,
for counties within the metropolitan area, shall monitor the
progress of each county toward meeting the recycling goals in
subdivisions 2 and 2a. The director shall report to the
legislative commission on waste management appropriate
committees of the house of representatives and the senate on
the progress of the counties by July 1 of each year. The
metropolitan council shall report to the legislative
commission on waste management committees on the
progress of the counties by July 1 of each year. If the director
or the council finds that a county is not progressing toward the
goals in subdivisions 2 and 2a, it the director or
council shall negotiate with the county to develop and
implement solid waste management techniques designed to assist
the county in meeting the goals, such as organized collection,
curbside collection of source-separated materials, and
volume-based pricing.
In even-numbered years the progress report may be included in
the solid waste management policy report required under section
115A.411. The metropolitan council's progress report
shall must be included in the report required by
section 473.149.
Sec. 24. Minnesota Statutes 1994, section 115A.551, subdivision 5, is amended to read:
Subd. 5. [FAILURE TO MEET GOAL.] (a) A county failing to meet the interim goals in subdivision 3 shall, as a minimum:
(1) notify county residents of the failure to achieve the goal and why the goal was not achieved; and
(2) provide county residents with information on recycling programs offered by the county.
(b) If, based on the recycling monitoring described in
subdivision 4, the director or the metropolitan council finds
that a county will be unable to meet the recycling goals
established in subdivisions 2 and 2a, the director or council
shall, after consideration of the reasons for the county's
inability to meet the goals, recommend legislation for
consideration by the legislative commission on waste
management appropriate committees of the house of
representatives and the senate to establish mandatory
recycling standards and to authorize the director or council to
mandate appropriate solid waste management techniques designed to
meet the standards in those counties that are unable to meet the
goals.
Sec. 25. Minnesota Statutes 1994, section 115A.557, subdivision 4, is amended to read:
Subd. 4. [REPORT.] By July 1 of each year, the director shall
report on how the money was spent and the resulting statewide
improvements in solid waste management to the house of
representatives ways and means committee and senate
appropriations and finance committees and the
legislative commission on waste management committee.
In even-numbered years the report may be included in the solid
waste management policy report required under
section 115A.411.
Sec. 26. Minnesota Statutes 1994, section 115A.9157, subdivision 6, is amended to read:
Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its
representative organization shall inform the legislative
commission on waste management director when they
begin the manufacturer or organization begins
participating in the projects and programs and immediately if
they withdraw upon withdrawal from participation. The
list of participants shall must be available to
retailers, distributors, governmental agencies, and other
interested persons who provide a self-addressed stamped envelope
to the commission director.
Sec. 27. Minnesota Statutes 1994, section 115A.96, subdivision 2, is amended to read:
Subd. 2. [MANAGEMENT PROGRAM.] (a) The agency shall
establish a statewide program to manage household hazardous
wastes. The program must include:
(1) the establishment and operation of collection sites; and
(2) the provision of information, education, and technical assistance regarding proper management of household hazardous wastes.
(b) The agency shall report on its progress on establishing
permanent collection sites to the legislative commission on waste
management by November 1, 1991.
Sec. 28. Minnesota Statutes 1994, section 115A.961, subdivision 2, is amended to read:
Subd. 2. [PROGRAM.] (a) The director, in consultation with
other state agencies, political subdivisions, and representatives
of the household battery industry, may develop household battery
programs. The director must coordinate the programs with the
legislative commission on Minnesota resources study on
batteries.
(b) The director shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the director may investigate include:
(1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects;
(2) establishing collection and transportation systems;
(3) developing and disseminating educational materials regarding environmentally sound battery management; and
(4) developing markets for materials recovered from the batteries.
(c) The director may also distribute funds to political subdivisions to develop battery management plans and implement those plans.
Sec. 29. Minnesota Statutes 1994, section 115A.9651, subdivision 2, is amended to read:
Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in subdivision 1 is exempt from this section until July 1, 1997, if the manufacturer of the item submits to the commissioner a written request for an exemption by August 1, 1994. The request must include at least:
(1) an explanation of why compliance is not technically feasible at the time of the request;
(2) how the manufacturer will comply by July 1, 1997; and
(3) the name, address, and telephone number of a person the commissioner can contact for further information.
(b) By September 1, 1994, a person who uses an item listed in subdivision 1, into which one of the listed metals has been intentionally introduced, may submit, on behalf of the manufacturer, a request for temporary exemption only if the manufacturer fails to submit an exemption request as provided in paragraph (a). The request must include:
(1) an explanation of why the person must continue to use the item and a discussion of potential alternatives;
(2) an explanation of why it is not technically feasible at the time of the request to formulate or manufacture the item without intentionally introducing a listed metal;
(3) that the person will seek alternatives to using the item by July 1, 1997, if it still contains an intentionally introduced listed metal; and
(4) the name, address, and telephone number of a person the commissioner can contact for further information.
(c) A person who submits a request for temporary exemption under paragraph (b) may submit a request for a temporary exemption after September 1, 1994, for an item that the person will use as an alternative to the item for which the request was originally made as long as the new item has a total concentration level of all the listed metals that is significantly less than in the original item. An exemption under this paragraph expires July 1, 1997, and the person who requests it must submit the progress description required in paragraph (e).
(d) By October 1, 1994, and annually thereafter if requests
are received under paragraph (c), the commissioner shall submit
to the legislative commission on waste management a list of
manufacturers and persons that have requested an exemption under
this subdivision and the items for which exemptions were sought,
along with copies of the requests.
(e) By July 1, 1996, each manufacturer on the list shall
submit to the commissioner a description of the progress the
manufacturer has made toward compliance with subdivision 1, and
the date compliance has been achieved or the date on or before
July 1, 1997, by which the manufacturer anticipates achieving
compliance. By July 1, 1996, each person who has requested an
exemption under paragraph (b) or (c) shall submit to the
commissioner:
(1) a description of progress made to eliminate the listed metal or metals from the item or progress made by the person to find a replacement item that does not contain an intentionally introduced listed metal; and
(2) the date or anticipated date the item is or will be free of intentionally introduced metals or the date the person has stopped or will stop using the item.
By October 1, 1996, the commissioner shall submit to the
legislative commission appropriate committees of the
house of representatives and the senate a summary of the
progress made by the manufacturers and other persons and any
recommendations for appropriate legislative or other action to
ensure that products are not distributed in the state after July
1, 1997, that violate subdivision 1.
Sec. 30. Minnesota Statutes 1994, section 115A.97, subdivision 5, is amended to read:
Subd. 5. [PLANS; REPORT.] A county solid waste plan, or revision of a plan, that includes incineration of mixed municipal solid waste must clearly state how the county plans to meet the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The director, in cooperation with the agency, the counties, and the metropolitan council, may develop guidelines for counties to use to identify ways to meet the goals in subdivision 1.
The director, in cooperation with the agency, the counties, and
the metropolitan council, shall develop and propose statewide
goals and timetables for the reduction of the noncombustible
fraction of mixed municipal solid waste prior to incineration or
processing into refuse-derived fuel and for the reduction of the
toxicity of the incinerator ash. By January 1, 1990, the
director shall report to the legislative commission on waste
management on the proposal goals and timetables with
recommendations for their implementation.
Sec. 31. Minnesota Statutes 1994, section 115A.97, subdivision 6, is amended to read:
Subd. 6. [PERMITS; AGENCY REPORT.] An application for a permit to build or operate a mixed municipal solid waste incinerator, including an application for permit renewal, must clearly state how the applicant will achieve the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The agency, in cooperation with the director, the counties, and the metropolitan council, may develop guidelines for applicants to use to identify ways to meet the goals in subdivision 1.
If, by January 1, 1990, the rules required by subdivision 3
are not in at least final draft form, the agency shall report to
the legislative commission on waste management on the status of
current incinerator ash management programs with recommendations
for specific legislation to meet the goals of subdivision
1.
Sec. 32. Minnesota Statutes 1994, section 115B.20, subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject to appropriation by the legislature the money in the account may be spent for any of the following purposes:
(1) preparation by the agency and the commissioner of agriculture for taking removal or remedial action under section 115B.17, or under chapter 18D, including investigation, monitoring and testing activities, enforcement and compliance efforts relating to the release of hazardous substances, pollutants or contaminants under section 115B.17 or 115B.18, or chapter 18D;
(2) removal and remedial actions taken or authorized by the agency or the commissioner of the pollution control agency under section 115B.17, or taken or authorized by the commissioner of agriculture under chapter 18D including related enforcement and compliance efforts under section 115B.17 or 115B.18, or chapter 18D, and payment of the state share of the cost of remedial action which may be carried out under a cooperative agreement with the federal government pursuant to the Federal Superfund Act, under United States Code, title 42, section 9604(c)(3) for actions related to facilities other than commercial hazardous waste facilities located under the siting authority of chapter 115A;
(3) reimbursement to any private person for expenditures made before July 1, 1983, to provide alternative water supplies deemed necessary by the agency or the commissioner of agriculture and the department of health to protect the public health from contamination resulting from the release of a hazardous substance;
(4) removal and remedial actions taken or authorized by the agency or the commissioner of agriculture or the pollution control agency under section 115B.17, or chapter 18D, including related enforcement and compliance efforts under section 115B.17 or 115B.18, or chapter 18D, and payment of the state share of the cost of remedial action which may be carried out under a cooperative agreement with the federal government pursuant to the Federal Superfund Act, under United States Code, title 42, section 9604(c)(3) for actions related to commercial hazardous waste facilities located under the siting authority of chapter 115A;
(5) compensation as provided by law, after submission by the office of waste management of the report required under section 115A.08, subdivision 5, to mitigate any adverse impact of the location of commercial hazardous waste processing or disposal facilities located pursuant to the siting authority of chapter 115A;
(6) planning and implementation by the commissioner of natural resources of the rehabilitation, restoration, or acquisition of natural resources to remedy injuries or losses to natural resources resulting from the release of a hazardous substance;
(7) inspection, monitoring, and compliance efforts by the agency, or by political subdivisions with agency approval, of commercial hazardous waste facilities located under the siting authority of chapter 115A;
(8) grants by the agency or the office of waste management to demonstrate alternatives to land disposal of hazardous waste including reduction, separation, pretreatment, processing and resource recovery, for education of persons involved in regulating and handling hazardous waste;
(9) intervention and environmental mediation by the
legislative commission on waste management under chapter 115A;
and
(10) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances
and pollutants or contaminants in major waterways of the
state;
(11) (10) acquisition of a property interest
under section 115B.17, subdivision 15;
(12) (11) reimbursement, in an amount to be
determined by the agency in each case, to a political subdivision
that is not a responsible person under section 115B.03, for
reasonable and necessary expenditures resulting from an emergency
caused by a release or threatened release of a hazardous
substance, pollutant, or contaminant; and
(13) (12) reimbursement to a political
subdivision for expenditures in excess of the liability limit
under section 115B.04, subdivision 4.
Sec. 33. Minnesota Statutes 1994, section 115B.20, subdivision 5, is amended to read:
Subd. 5. [RECOMMENDATION.] The legislative commission on
waste management and The commissioner of agriculture shall
make recommendations to the standing legislative committees on
finance and appropriations ways and means regarding
appropriations from the account.
Sec. 34. Minnesota Statutes 1994, section 115B.20, subdivision 6, is amended to read:
Subd. 6. [REPORT TO LEGISLATURE.] Each year, the commissioner
of agriculture and the agency shall submit to the senate finance
committee, the house ways and means committee, the environmental
quality board, and the legislative water commission,
and the legislative commission on waste management a report
detailing the activities for which money from the account has
been spent during the previous fiscal year.
Sec. 35. Minnesota Statutes 1994, section 116C.712, subdivision 5, is amended to read:
Subd. 5. [ASSESSMENT.] (a) A person, firm, corporation, or association in the business of owning or operating a nuclear fission electrical generating plant in this state shall pay an assessment to cover the cost of:
(1) monitoring the federal high-level radioactive waste program under the Nuclear Waste Policy Act, United States Code, title 42, sections 10101 to 10226;
(2) advising the governor and the legislature on policy issues relating to the federal high-level radioactive waste disposal program;
(3) surveying existing literature and activity relating to radioactive waste management, including storage, transportation, and disposal, in the state;
(4) an advisory task force on low-level radioactive waste deregulation, created by a law enacted in 1990 until July 1, 1996; and
(5) other general studies necessary to carry out the purposes of this subdivision.
The assessment must not be more than the appropriation to the office of strategic and long-range planning for these purposes.
(b) The office shall bill the owner or operator of the plant for the assessment at least 30 days before the start of each quarter. The assessment for the second quarter of each fiscal year must be adjusted to compensate for the amount by which actual expenditures by the office for the preceding year were more or less than the estimated expenditures
previously assessed. The billing may be made as an addition to the assessments made under section 116C.69. The owner or operator of the plant must pay the assessment within 30 days after receipt of the bill. The assessment must be deposited in the state treasury and credited to the special revenue fund.
(c) The authority for this assessment terminates when the department of energy eliminates Minnesota from further siting consideration for high-level radioactive waste by starting construction of a high-level radioactive waste disposal site in another state. The assessment required for any quarter must be reduced by the amount of federal grant money received by the office of strategic and long-range planning for the purposes listed in this section.
(d) The director of the office of strategic and long-range
planning must report annually by July 1 to the legislative
commission on waste management on activities assessed under
paragraph (a).
Sec. 36. Minnesota Statutes 1994, section 116J.555, subdivision 2, is amended to read:
Subd. 2. [APPLICATION CYCLES; REPORTING TO LCWM.] (a) In making grants, the commissioner shall establish regular application deadlines in which grants will be authorized from all or part of the available appropriations of money in the account.
(b) After each cycle in which grants are awarded, the
commissioner shall report to the legislative commission on
waste management appropriate committees of the house of
representatives and the senate the grants awarded and
appropriate supporting information describing each grant made.
This report must be made within 30 days after the grants are
awarded.
(c) The commissioner shall annually report to the legislative
commission committees on the status of the cleanup
projects undertaken under grants made under the programs. The
commissioner shall include in the annual report information on
the cleanup and development activities undertaken for the grants
made in that and previous fiscal years. The commissioner shall
make this report no later than 120 days after the end of the
fiscal year.
Sec. 37. Minnesota Statutes 1994, section 256.9352, subdivision 3, is amended to read:
Subd. 3. [FINANCIAL MANAGEMENT.] (a) The commissioner shall
manage spending for the MinnesotaCare program in a manner that
maintains a minimum reserve equal to five percent of the expected
cost of state premium subsidies. The commissioner must make a
quarterly assessment of the expected expenditures for the covered
services for the remainder of the current fiscal year and for the
following two fiscal years. The estimated expenditure
shall must be compared to an estimate of the
revenues that will be deposited in the health care access fund.
Based on this comparison, and after consulting with the chairs of
the house ways and means committee and the senate finance
committee, and the legislative commission on health care
access, the commissioner shall make adjustments as necessary
to ensure that expenditures remain within the limits of available
revenues. The adjustments the commissioner may use must be
implemented in this order: first, stop enrollment of single
adults and households without children; second, upon 45 days'
notice, stop coverage of single adults and households without
children already enrolled in the MinnesotaCare program; third,
upon 90 days' notice, decrease the premium subsidy amounts by ten
percent for families with gross annual income above 200 percent
of the federal poverty guidelines; fourth, upon 90 days' notice,
decrease the premium subsidy amounts by ten percent for families
with gross annual income at or below 200 percent; and fifth,
require applicants to be uninsured for at least six months prior
to eligibility in the MinnesotaCare program. If these measures
are insufficient to limit the expenditures to the estimated
amount of revenue, the commissioner may further limit enrollment
or decrease premium subsidies.
The reserve referred to in this subdivision is appropriated to the commissioner but may only be used upon approval of the commissioner of finance, if estimated costs will exceed the forecasted amount of available revenues after all adjustments authorized under this subdivision have been made.
By February 1, 1995, the department of human services and
the department of health shall develop a plan to adjust benefit
levels, eligibility guidelines, or other steps necessary to
ensure that expenditures for the MinnesotaCare program are
contained within the two percent taxes imposed under section
295.52 and the gross premiums tax imposed under section 60A.15,
subdivision 1, paragraph (e), for fiscal year 1997.
(b) Notwithstanding paragraph (a), the commissioner shall proceed with the enrollment of single adults and households without children in accordance with section 256.9354, subdivision 5, paragraph (a), even if the expenditures do not remain within the limits of available revenues through fiscal year 1997 to allow the departments of human services and health to develop the plan required under paragraph (a).
Sec. 38. Minnesota Statutes 1994, section 256B.431, subdivision 2i, is amended to read:
Subd. 2i. [OPERATING COSTS AFTER JULY 1, 1988.] (a) [OTHER OPERATING COST LIMITS.] For the rate year beginning July 1, 1988, the commissioner shall increase the other operating cost limits established in Minnesota Rules, part 9549.0055, subpart 2, item E, to 110 percent of the median of the array of allowable historical other operating cost per diems and index these limits as in Minnesota Rules, part 9549.0056, subparts 3 and 4. The limits must be established in accordance with subdivision 2b, paragraph (d). For rate years beginning on or after July 1, 1989, the adjusted other operating cost limits must be indexed as in Minnesota Rules, part 9549.0056, subparts 3 and 4. For the rate period beginning October 1, 1992, and for rate years beginning after June 30, 1993, the amount of the surcharge under section 256.9657, subdivision 1, shall be included in the plant operations and maintenance operating cost category. The surcharge shall be an allowable cost for the purpose of establishing the payment rate.
(b) [CARE-RELATED OPERATING COST LIMITS.] For the rate year beginning July 1, 1988, the commissioner shall increase the care-related operating cost limits established in Minnesota Rules, part 9549.0055, subpart 2, items A and B, to 125 percent of the median of the array of the allowable historical case mix operating cost standardized per diems and the allowable historical other care-related operating cost per diems and index those limits as in Minnesota Rules, part 9549.0056, subparts 1 and 2. The limits must be established in accordance with subdivision 2b, paragraph (d). For rate years beginning on or after July 1, 1989, the adjusted care-related limits must be indexed as in Minnesota Rules, part 9549.0056, subparts 1 and 2.
(c) [SALARY ADJUSTMENT PER DIEM.] For the rate period October 1, 1988, to June 30, 1990, the commissioner shall add the appropriate salary adjustment per diem calculated in clause (1) or (2) to the total operating cost payment rate of each nursing facility. The salary adjustment per diem for each nursing facility must be determined as follows:
(1) for each nursing facility that reports salaries for registered nurses, licensed practical nurses, and aides, orderlies and attendants separately, the commissioner shall determine the salary adjustment per diem by multiplying the total salaries, payroll taxes, and fringe benefits allowed in each operating cost category, except management fees and administrator and central office salaries and the related payroll taxes and fringe benefits, by 3.5 percent and then dividing the resulting amount by the nursing facility's actual resident days; and
(2) for each nursing facility that does not report salaries for registered nurses, licensed practical nurses, aides, orderlies, and attendants separately, the salary adjustment per diem is the weighted average salary adjustment per diem increase determined under clause (1).
Each nursing facility that receives a salary adjustment per
diem pursuant to this subdivision shall adjust nursing facility
employee salaries by a minimum of the amount determined in clause
(1) or (2). The commissioner shall review allowable salary
costs, including payroll taxes and fringe benefits, for the
reporting year ending September 30, 1989, to determine whether or
not each nursing facility complied with this requirement. The
commissioner shall report the extent to which each nursing
facility complied with the legislative commission on long-term
care by August 1, 1990.
(d) [NEW BASE YEAR.] The commissioner shall establish new base years for both the reporting year ending September 30, 1989, and the reporting year ending September 30, 1990. In establishing new base years, the commissioner must take into account:
(1) statutory changes made in geographic groups;
(2) redefinitions of cost categories; and
(3) reclassification, pass-through, or exemption of certain costs such as public employee retirement act contributions.
(e) [NEW BASE YEAR.] The commissioner shall establish a new base year for the reporting years ending September 30, 1991, and September 30, 1992. In establishing a new base year, the commissioner must take into account:
(1) statutory changes made in geographic groups;
(2) redefinitions of cost categories; and
(3) reclassification, pass-through, or exemption of certain costs.
Sec. 39. Minnesota Statutes 1994, section 473.846, is amended to read:
473.846 [REPORT TO LEGISLATURE.]
The agency and metropolitan council shall submit to the senate
finance committee, and the house ways and means
committee , and the legislative commission on waste
management separate reports describing the activities for
which money from the landfill abatement account and contingency
action trust fund has been spent. The agency shall report by
November 1 of each year on expenditures during its previous
fiscal year. The council shall report on expenditures during the
previous calendar year and must incorporate its report in the
report required by section 473.149, due July 1 of each year. The
council shall make recommendations to the legislative
commission on waste management committees on the
future management and use of the metropolitan landfill abatement
account.
Sec. 40. [REPEALER.]
(a) Minnesota Statutes 1994, sections 3.861; 3.9222; 3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 115A.913, subdivision 5; 115A.9157, subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 115B.20, subdivision 6; 115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, subdivision 1; 216C.051; 256B.504; 473.149, subdivisions 2c and 6; 473.845, subdivision 4; and 473.848, subdivision 4, are repealed effective June 30, 1995.
(b) Minnesota Statutes 1994, section 3.885 is repealed effective June 30, 1997.
Sec. 41. [EFFECTIVE DATES.]
Sections 1 to 39 are effective June 30, 1995.
Section 1. Minnesota Statutes 1994, section 4.071, subdivision
Subd. 2. [MINNESOTA RESOURCES PROJECTS.] The legislature
intends to appropriate one-half of the oil overcharge money for
projects that have been reviewed and recommended by the
legislative commission on division of Minnesota
resources. A work plan must be prepared for each proposed
project for review by the commission division. The
commission division must recommend specific
projects to the legislature.
Sec. 2. Minnesota Statutes 1994, section 84.0274, subdivision 7, is amended to read:
Subd. 7. [DISCLOSURE.] When the state proposes to purchase
lands for natural resources purposes, the landowner shall
must be given a written statement in lay terms of the
rights and responsibilities provided for in subdivisions 5 and 6.
Before a purchase can be made, the landowner must sign a
statement acknowledging in writing that the statement has been
provided and explained to the landowner. Within 60 days
following the date of final approval of Laws 1980, Chapter 45B,
the commissioner of natural resources shall submit a proposed
form for the statement to the legislative commission on
division of Minnesota resources. The commission
division shall review the proposed form for compliance
with the intent of this section and shall make any changes
which it deems proper.
Sec. 3. Minnesota Statutes 1994, section 85.019, subdivision 2, is amended to read:
Subd. 2. [GRANTS FOR PARKS AND TRAILS.] The commissioner shall
administer a program to provide grants to units of government
located within standard metropolitan statistical areas, as
designated by the United States Office of Management and Budget,
but outside of the metropolitan area defined in section 473.121.
The grants shall be for acquisition and betterment by units of
government of public land and improvements needed for parks,
trails, conservatories, zoos, and other special use facilities
having recreational significance for the entire population of the
particular standard metropolitan statistical area.
Appropriations made for this purpose shall be expended with the
approval of the governor after consultation with the legislative
advisory commission. The legislative commission on
division of Minnesota resources shall make recommendations
to the legislative advisory commission regarding the
expenditures. The local contribution required shall be not less
than ten percent. The program shall must be
administered so as to ensure the maximum possible use of
available federal money.
Sec. 4. Minnesota Statutes 1994, section 86.72, subdivision 2, is amended to read:
Subd. 2. Money appropriated from the account shall
must be expended for state land acquisition and
development that is part of a natural resources acceleration
activity, when the acquisition and development is deemed to be of
an emergency or critical nature. In addition this money is
available for studies initiated by the legislative commission
on division of Minnesota resources that are found to
be proper in order for the commission to carry out its
legislative charge.
Sec. 5. Minnesota Statutes 1994, section 86.72, subdivision 3, is amended to read:
Subd. 3. Requests for allocation from the account for
acquisition or development shall must be
accompanied by a certificate signed by the commissioner of
natural resources, showing a review of the application against
chapter 86A. Copies of the certification shall
must be submitted to the appropriate legislative
committees and commissions. Appropriations from the account
shall be expended with the approval of the governor after
consultation with the legislative advisory commission. The
legislative commission on division of Minnesota
resources shall make recommendations to the legislative advisory
commission regarding the expenditures.
Sec. 6. Minnesota Statutes 1994, section 89.022, subdivision 2, is amended to read:
Subd. 2. The commissioner of natural resources may apply to
the legislative commission on division of Minnesota
resources for an exemption from the exchange or sale requirements
of subdivision 1 in instances where it can be demonstrated that
unique recreational, historical or scientific values would be
destroyed by the exchange or sale of tillable land or a farm
homestead. Exemptions shall must be decided by the
commission division on an individual basis. If the
application for exemption is not decided by the commission
division within 90 days, the application shall be
is deemed to have been denied.
Sec. 7. Minnesota Statutes 1994, section 103A.43, is amended to read:
103A.43 [WATER ASSESSMENTS AND REPORTS.]
(a) The environmental quality board shall evaluate and report
to the legislative water commission and the legislative
commission on division of Minnesota resources on
statewide water research needs and recommended priorities for
addressing these needs. Local water research needs may also be
included.
(b) The environmental quality board shall coordinate a biennial assessment of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water.
(c) The environmental quality board shall coordinate an assessment of the quantity of surface and ground water in the state and the availability of water to meet the state's needs.
(d) The environmental quality board shall coordinate and submit
a report on water policy to the legislative water commission
and the legislative commission on division of
Minnesota resources by September 15 of each even-numbered year.
The report may include the groundwater policy report in section
103A.204.
Sec. 8. Minnesota Statutes 1994, section 103B.321, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive water plans that provide for a flexible approach to meeting the different water and related land resources needs of counties and watersheds across the state;
(2) coordinate assistance of state agencies to counties and other local units of government involved in preparation of comprehensive water plans, including identification of pertinent data and studies available from the state and federal government;
(3) conduct an active program of information and education concerning the requirements and purposes of sections 103B.301 to 103B.355 in conjunction with the association of Minnesota counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive water plans that assures the plans are consistent with state law;
(6) report to the legislative commission on division
of Minnesota resources as required by section 103B.351;
and
(7) make grants to counties for comprehensive local water planning, implementation of priority actions identified in approved plans, and sealing of abandoned wells.
Sec. 9. Minnesota Statutes 1994, section 116P.02, is amended to read:
116P.02 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 116P.01 to 116P.13.
Subd. 2. [ADVISORY COMMITTEE.] "Advisory committee" means the advisory committee created in section 116P.06.
Subd. 3. [BOARD.] "Board" means the state board of investment.
Subd. 4. [COMMISSION DIVISION.]
"Commission" "Division" means the legislative
commission on division of Minnesota resources.
Subd. 5. [NATURAL RESOURCES.] "Natural resources" includes the outdoor recreation system under section 86A.04 and regional recreation open space systems as defined under section 473.351, subdivision 1.
Subd. 6. [TRUST FUND.] "Trust fund" means the Minnesota environment and natural resources trust fund established under Minnesota Constitution, article XI, section 14.
Sec. 10. Minnesota Statutes 1994, section 116P.03, is amended to read:
116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.]
(a) The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural
resources activities, but the trust fund shall must
supplement the traditional sources, including those sources used
to support the criteria in section 116P.08, subdivision 1. The
trust fund must be used primarily to support activities whose
benefits become available only over an extended period of
time.
(b) The commission must division shall determine
the amount of the state budget spent from traditional sources to
fund environmental and natural resources activities before and
after the trust fund is established and include a comparison of
the amount in the report under section 116P.09, subdivision 7.
Sec. 11. Minnesota Statutes 1994, section 116P.05, is amended by adding a subdivision to read:
Subd. 1a. [DIVISION OF MINNESOTA RESOURCES.] The division of Minnesota resources is a division in the office of strategic and long-range planning headed by an assistant director appointed by the director to serve in the unclassified service. A state agency, the metropolitan council as defined in section 473.121, subdivision 3, or a metropolitan agency as defined in section 473.121, subdivision 5a, may not apply for money for programs subject to the division's approval.
Sec. 12. Minnesota Statutes 1994, section 116P.05, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The commission division
shall recommend a budget plan for expenditures from the
environment and natural resources trust fund and shall adopt a
strategic plan as provided in section 116P.08.
(b) The commission division shall recommend
expenditures to the legislature from the Minnesota future
resources fund under section 116P.13.
(c) It is a condition of acceptance of the appropriations made
from the Minnesota future resources fund, Minnesota environment
and natural resources trust fund, and oil overcharge money under
section 4.071, subdivision 2, that the agency or entity receiving
the appropriation must submit a work program and semiannual
progress reports in the form determined by the legislative
commission on division of Minnesota resources. None
of the money provided may be spent unless the commission
division has approved the pertinent work program.
(d) The peer review panel created under section 116P.08 must
also review, comment, and report to the commission
division on research proposals applying for an
appropriation from the Minnesota resources fund and from oil
overcharge money under section 4.071, subdivision 2.
(e) The commission division may adopt operating
procedures to fulfill its duties under sections 116P.01 to
116P.13.
Sec. 13. Minnesota Statutes 1994, section 116P.06, is amended to read:
116P.06 [ADVISORY COMMITTEE.]
Subdivision 1. [MEMBERSHIP.] (a) The governor shall
appoint an advisory committee of 11 citizen members shall
be appointed by the governor to advise the legislative
commission on division of Minnesota resources on
project proposals to receive funding from the trust fund and the
development of budget and strategic plans. The governor shall
appoint at least one member from each congressional district.
The governor shall appoint the chair.
(b) The governor's appointees must be confirmed with the advice and consent of the senate. The membership terms, compensation, removal, and filling of vacancies for citizen members of the advisory committee are governed by section 15.0575.
Subd. 2. [DUTIES.] (a) The advisory committee shall:
(1) prepare and submit to the commission division
a draft strategic plan to guide expenditures from the trust
fund;
(2) review the reinvest in Minnesota program during development of the draft strategic plan;
(3) gather input from the resources congress during development of the draft strategic plan;
(4) advise the commission division on project
proposals to receive funding from the trust fund; and
(5) advise the commission division on development
of the budget plan.
(b) The advisory committee may review all project proposals for
funding and may make recommendations to the commission
division on whether the projects:
(1) meet the standards and funding categories set forth in sections 116P.01 to 116P.12;
(2) duplicate existing federal, state, or local projects being conducted within the state; and
(3) are consistent with the most recent strategic plan adopted
by the commission division.
Sec. 14. Minnesota Statutes 1994, section 116P.07, is amended to read:
116P.07 [RESOURCES CONGRESS.]
The commission division must convene a resources
congress at least once every biennium and shall develop
procedures for the congress. The congress must be open to all
interested individuals. The purpose of the congress is to
collect public input necessary to allow the commission
division, with the advice of the advisory committee, to
develop a strategic plan to guide expenditures from the trust
fund. The congress also may be convened to receive and review
reports on trust fund projects. The congress shall also review
the reinvest in Minnesota program.
Sec. 15. Minnesota Statutes 1994, section 116P.08, subdivision 3, is amended to read:
Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission
division shall adopt a strategic plan for making
expenditures from the trust fund, including identifying the
priority areas for funding for the next six years. The strategic
plan must be updated every two years. The plan is advisory only.
The commission division shall submit the plan, as a
recommendation, to the house of representatives
appropriations ways and means and senate finance
committees by January 1 of each odd-numbered year.
(b) The commission division may accept or modify
the draft of the strategic plan submitted to it by the advisory
committee before voting on the plan's adoption.
Sec. 16. Minnesota Statutes 1994, section 116P.08, subdivision 4, is amended to read:
Subd. 4. [BUDGET PLAN.] (a) Funding may be provided only for those projects that meet the categories established in subdivision 1.
(b) Projects submitted to the commission division
for funding may be referred to the advisory committee for
recommendation.
(c) The commission division must adopt a budget
plan to make expenditures from the trust fund for the purposes
provided in subdivision 1. The budget plan must be submitted to
the governor for inclusion in the biennial budget and
supplemental budget submitted to the legislature.
(d) Money in the trust fund may not be spent except under an appropriation by law.
Sec. 17. Minnesota Statutes 1994, section 116P.08, subdivision 5, is amended to read:
Subd. 5. [PUBLIC MEETINGS.] All advisory committee and
commission meetings must be open to the public. The
commission shall attempt to meet at least once in each of the
state's congressional districts during each biennium.
Sec. 18. Minnesota Statutes 1994, section 116P.08, subdivision 6, is amended to read:
Subd. 6. [PEER REVIEW.] (a) Research proposals must include a stated purpose, timeline, potential outcomes, and an explanation of the need for the research. All research proposals must be reviewed by a peer review panel before receiving an appropriation.
(b) In conducting research proposal reviews, the peer review panel shall:
(1) comment on the methodology proposed and whether it can be expected to yield appropriate and useful information and data;
(2) comment on the need for the research and about similar existing information available, if any; and
(3) report to the commission division and
advisory committee on clauses (1) and (2).
(c) The peer review panel also must review completed research proposals that have received an appropriation and comment and report upon whether the project reached the intended goals.
Sec. 19. Minnesota Statutes 1994, section 116P.08, subdivision 7, is amended to read:
Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer review panel must consist of at least five members who are knowledgeable in general research methods in the areas of environment and natural resources. Not more than two members of the panel may be employees of state agencies in Minnesota.
(b) The commission division shall select a chair
every two years who shall be responsible for convening meetings
of the panel as often as is necessary to fulfill its duties as
prescribed in this section. Compensation of panel members is
governed by section 15.059, subdivision 3.
Sec. 20. Minnesota Statutes 1994, section 116P.09, is amended to read:
116P.09 [ADMINISTRATION.]
Subdivision 1. [ADMINISTRATIVE AUTHORITY.] The
commission division may appoint legal and other
personnel and consultants necessary to carry out functions and
duties of the commission division. Permanent
employees shall be are in the unclassified service.
In addition, the commission division may request
staff assistance and data from any other agency of state
government as needed for the execution of the responsibilities of
the commission division and advisory committee and
an agency must promptly furnish it.
Subd. 2. [LIAISON OFFICERS.] The commission
division shall request each department or agency head of
all state agencies with a direct interest and responsibility in
any phase of environment and natural resources to appoint, and
the latter shall appoint for the agency, a liaison officer who
shall work closely with the commission and its
division staff.
Subd. 3. [APPRAISAL AND EVALUATION.] The commission
division shall obtain and appraise information available
through private organizations and groups, utilizing to the
fullest extent possible studies, data, and reports previously
prepared or currently in progress by public agencies, private
organizations, groups, and others, concerning future trends in
the protection, conservation, preservation, and enhancement of
the state's air, water, land, forests, fish, wildlife, native
vegetation, and other natural resources. Any data compiled by
the commission shall division must be made
available to any standing or interim committee of the legislature
upon the request of the chair of the respective committee.
Subd. 4. [PERSONNEL.] Persons who are employed by a state agency to work on a project and are paid by an appropriation from the trust fund or Minnesota future resources fund are in the unclassified civil service, and their continued employment is contingent upon the availability of money from the appropriation. When the appropriation has been spent, their positions must be canceled and the approved complement of the agency reduced accordingly. Part-time employment of persons for a project is authorized. The use of classified employees is authorized when approved as part of the work program required by section 116P.05, subdivision 2, paragraph (c).
Subd. 5. [ADMINISTRATIVE EXPENSE.] The administrative expenses
of the commission shall division must be paid from
the various funds administered by the commission
division as follows:
(1) Through June 30, 1993, the administrative expenses of the
commission division and the advisory committee
shall must be paid from the Minnesota future
resources fund. After that time, the prorated expenses related
to administration of the trust fund shall must be
paid from the earnings of the trust fund.
(2) After June 30, 1993, the prorated expenses related to administration of the trust fund may not exceed an amount equal to four percent of the projected earnings of the trust fund for the biennium.
Subd. 6. [CONFLICT OF INTEREST.] A commission member
employee, advisory committee member, or peer review
panelist, or an employee of the commission may not
participate in or vote on a decision of the commission
division, advisory committee, or peer review panel
relating to an organization in which the member, panelist, or
employee has either a direct or indirect personal financial
interest. While serving on the legislative commission,
advisory committee, or peer review panel, or being an
employee of the commission division, a person shall
avoid any potential conflict of interest.
Subd. 7. [REPORT REQUIRED.] The commission
division shall, by January 15 of each odd-numbered year,
submit a report to the governor, the chairs of the house
appropriations ways and means and senate finance
committees, and the chairs of the house and senate committees on
environment and natural resources. Copies of the report must be
available to the public. The report must include:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the trust fund and Minnesota future resources fund during the preceding biennium;
(3) a summary of any research project completed in the preceding biennium;
(4) recommendations to implement successful projects and programs into a state agency's standard operations;
(5) to the extent known by the commission
division, descriptions of the projects anticipated to be
supported by the trust fund and Minnesota future resources
account during the next biennium;
(6) the source and amount of all revenues collected and
distributed by the commission division, including
all administrative and other expenses;
(7) a description of the assets and liabilities of the trust fund and the Minnesota future resources fund;
(8) any findings or recommendations that are deemed proper to assist the legislature in formulating legislation;
(9) a list of all gifts and donations with a value over $1,000;
(10) a comparison of the amounts spent by the state for environment and natural resources activities through the most recent fiscal year; and
(11) a copy of the most recent compliance audit.
Sec. 21. Minnesota Statutes 1994, section 116P.10, is amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust fund,
the Minnesota future resources fund, and the oil overcharge money
referred to in section 4.071, subdivision 2, each of which is
referred to in this section as a "fund." The fund owns and shall
take title to the percentage of a royalty, copyright, or patent
resulting from a project supported by the fund equal to the
percentage of the project's total funding provided by the fund.
Cash receipts resulting from a royalty, copyright, or patent, or
the sale of the fund's rights to a royalty, copyright, or patent,
must be credited immediately to the principal of the fund.
Before a project is included in the budget plan, the
commission division may vote to relinquish the
ownership or rights to a royalty, copyright, or patent resulting
from a project supported by the fund to the project's proposer
when the amount of the original grant or loan, plus interest, has
been repaid to the fund.
Sec. 22. Minnesota Statutes 1994, section 116P.11, is amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for the
budget plan developed by the commission division
consists of the earnings generated from the trust fund. Earnings
generated from the trust fund shall must equal the
amount of interest on debt securities and dividends on equity
securities. Gains and losses arising from the sale of securities
shall be are apportioned as follows:
(1) if the sale of securities results in a net gain during a
fiscal year, the gain shall must be apportioned in
equal installments over the next ten fiscal years to offset net
losses in those years. If any portion of an installment is not
needed to recover subsequent losses identified in paragraph (b),
it shall must be added to the principal of the
fund; and
(2) if the sale of securities results in a net loss during a
fiscal year, the net loss shall must be recovered
from the gains in paragraph (a) apportioned to that fiscal year.
If such the gains are insufficient, any remaining
net loss shall must be recovered from interest and
dividend income in equal installments over the following ten
fiscal years.
(b) For funding projects until fiscal year 1997, the following
additional amounts are available from the trust fund for the
budget plans developed by the commission
division:
(1) for the 1991-1993 biennium, up to 25 percent of the revenue deposited in the trust fund in fiscal years 1990 and 1991;
(2) for the 1993-1995 biennium, up to 20 percent of the revenue deposited in the trust fund in fiscal year 1992 and up to 15 percent of the revenue deposited in the fund in fiscal year 1993;
(3) for the 1993-1995 biennium, up to 25 percent of the revenue deposited in the trust fund in fiscal years 1994 and 1995, to be expended only for capital investments in parks and trails; and
(4) for the 1995-1997 biennium, up to ten percent of the revenue deposited in the fund in fiscal year 1996.
(c) Any appropriated funds not encumbered in the biennium in which they are appropriated cancel and must be credited to the principal of the trust fund.
Sec. 23. Minnesota Statutes 1994, section 116P.12, is amended to read:
116P.12 [WATER SYSTEM IMPROVEMENT LOAN PROGRAM.]
Subdivision 1. [LOANS AUTHORIZED.] (a) If the principal of the
trust fund equals or exceeds $200,000,000, the commission
division may vote to set aside up to five percent of the
principal of the trust fund for water system improvement loans.
The purpose of water system improvement loans is to offer below
market rate interest loans to local units of government for the
purposes of water system improvements.
(b) The interest on a loan shall must be
calculated on the declining balance at a rate four percentage
points below the secondary market yield of one-year United States
treasury bills calculated according to section 549.09,
subdivision 1, paragraph (c).
(c) An eligible project must prove that existing federal or state loans or grants have not been adequate.
(d) Payments on the principal and interest of loans under this section must be credited to the trust fund.
(e) Repayment of loans made under this section must be completed within 20 years.
(f) The Minnesota public facilities authority must report to
the commission division each year on the loan
program under this section.
Subd. 2. [APPLICATION AND ADMINISTRATION.] (a) The
commission division must adopt a procedure for the
issuance of the water system improvement loans by the public
facilities authority.
(b) The commission division must also must
ensure that the loans are administered according to its fiduciary
standards and requirements.
Sec. 24. Minnesota Statutes 1994, section 116Q.02, is amended to read:
116Q.02 [STATE RECEIPTS FROM THE FUND.]
Subdivision 1. [GREAT LAKES PROTECTION ACCOUNT.] Any money
received by the state from the Great Lakes protection fund,
whether in the form of annual earnings or otherwise, must be
deposited in the state treasury and credited to a special Great
Lakes protection account. Money in the account must
may be spent only as specifically appropriated by law for
protecting water quality in the Great Lakes. Approved purposes
include, but are not limited to, supplementing in a stable and
predictable manner state and federal commitments to Great Lakes
water quality programs by providing grants to finance projects
that advance the goals of the regional Great Lakes toxic
substances control agreement and the binational Great Lakes water
quality agreement.
Subd. 2. [LCMR DMR REVIEW.] The legislature
intends not to appropriate money from the Great Lakes protection
account until projects have been reviewed and recommended by the
legislative commission on division of Minnesota
resources. A work plan must be prepared for each project for
review by the commission division. The
commission division must recommend specific
projects to the legislature.
Sec. 25. Minnesota Statutes 1994, section 290.431, is amended to read:
290.431 [NONGAME WILDLIFE CHECKOFF.]
Every individual who files an income tax return or property tax
refund claim form may designate on their the
individual's original return that $1 or more shall
must be added to the tax or deducted from the refund that
would otherwise be payable by or to that individual and paid into
an account to be established for the management of nongame
wildlife. The commissioner of revenue shall, on the income tax
return and the property tax refund claim form, notify filers of
their right to designate that a portion of their tax or refund
shall be paid into the nongame wildlife management account. The
sum of the amounts so designated to be paid shall
must be credited to the nongame wildlife management
account for use by the nongame program of the section of wildlife
in the department of natural resources. All interest earned on
money accrued in the nongame wildlife management account
shall must be credited to the account by the state
treasurer. The commissioner of natural resources shall submit a
work program for each fiscal year and semiannual progress reports
to the legislative commission on division of
Minnesota resources in the form determined by the
commission division. None of the money provided in
this section may be expended unless the commission
division has approved the work program.
The state pledges and agrees with all contributors to the nongame wildlife management account to use the funds contributed solely for the management of nongame wildlife projects and further agrees that it will not impose additional conditions or restrictions that will limit or otherwise restrict the ability of the commissioner of natural resources to use the available funds for the most efficient and effective management of nongame wildlife.
Sec. 26. Minnesota Statutes 1994, section 290.432, is amended to read:
290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
A corporation that files an income tax return may designate on
its original return that $1 or more shall must be
added to the tax or deducted from the refund that would otherwise
be payable by or to that corporation and paid into the nongame
wildlife management account established by section 290.431 for
use by the section of wildlife in the department of natural
resources for its nongame wildlife program. The commissioner of
revenue shall, on the
corporate tax return, notify filers of their right to designate
that a portion of their tax return be paid into the nongame
wildlife management account for the protection of endangered
natural resources. All interest earned on money accrued in the
nongame wildlife management account shall must be
credited to the account by the state treasurer. The commissioner
of natural resources shall submit a work program for each fiscal
year to the legislative commission on division of
Minnesota resources in the form determined by the
commission division. None of the money provided in
this section may be spent unless the commission has approved the
work program.
The state pledges and agrees with all corporate contributors to the nongame wildlife account to use the funds contributed solely for the nongame wildlife program and further agrees that it will not impose additional conditions or restrictions that will limit or otherwise restrict the ability of the commissioner of natural resources to use the available funds for the most efficient and effective management of those programs.
Sec. 27. [REPEALER.]
Minnesota Statutes 1994, section 116P.05, subdivision 1, is repealed, effective June 30, 1995.
Sec. 28. [EFFECTIVE DATE.]
Sections 1 to 27 are effective July 1, 1995."
Renumber the sections in sequence and correct internal references
Correct the subdivision and section totals and the summaries by fund accordingly
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 46 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knoblach Osskopp Van Dellen Anderson, B. Girard Koppendrayer Paulsen Vickerman Bettermann Goodno Kraus Pawlenty Warkentin Boudreau Haas Krinkie Pellow Weaver Bradley Hackbarth Lindner Rostberg Worke Broecker Harder Lynch Stanek Workman Commers Hugoson McElroy Sviggum Daggett Jennings Molnau Sykora Dehler Kalis Mulder Tompkins Dempsey Knight Olson, M. TumaThose who voted in the negative were:
Bakk Garcia Lieder Orenstein Simoneau Bertram Greenfield Long Orfield Skoglund Bishop Greiling Lourey Osthoff Smith Brown Hasskamp Luther Ostrom Solberg Carlson Hausman Macklin Otremba Swenson, D. Carruthers Holsten Mahon Ozment Swenson, H. Clark Huntley Mares Pelowski Tomassoni Cooper Jaros Mariani Perlt Trimble Dauner Jefferson Marko Peterson Tunheim Davids Johnson, A. McCollum Pugh Van Engen Dawkins Johnson, R. McGuire Rest Wagenius Delmont Johnson, V. Milbert Rhodes Wejcman Dorn Kahn Munger Rice Wenzel Entenza Kinkel Murphy Rukavina Winter Farrell Larsen Ness Sarna Wolf Finseth Leighton Olson, E. Schumacher Sp.Anderson,I Frerichs Leppik Onnen SeagrenThe motion did not prevail and the amendment was not adopted.
Onnen moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 4, after line 39, insert:
"Every employee of the legislature shall be paid at least the equivalent of the federal minimum hourly wage for every hour worked."
The motion prevailed and the amendment was adopted.
Osskopp moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 10, line 21, after the period, insert:
"This sum shall be deducted from the amount that the station or network would otherwise receive under this section."
The motion did not prevail and the amendment was not adopted.
Kraus; Paulsen; Warkentin; Boudreau; Sykora; Rostberg; Harder; Hackbarth; Tuma; Osskopp; Swenson, H.; Anderson, B.; Larsen; Haas; McElroy; Mares; Mulder; Daggett; Olson, M.; Bradley; Knoblach; Broecker and Stanek moved to amend S. F. No. 1678, the unofficial engrossment, as amended, as follows:
Page 3, after line 3, insert:
"Funds appropriated by the legislature based on recommendations of the compensation council regarding legislative, executive and judicial branch salaries shall not be released or encumbered until the recommendation is affirmatively voted upon by roll-call vote in both bodies of the legislature separately and apart from any other recommendations by the council."
A roll call was requested and properly seconded.
The question was taken on the Kraus et al amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 65 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Kraus Olson, M. Swenson, D. Anderson, B. Girard Krinkie Onnen Swenson, H. Bettermann Goodno Larsen Osskopp Sykora Boudreau Haas Leppik Otremba Tompkins Bradley Hackbarth Lindner Ozment Tuma Broecker Harder Lourey Paulsen Van Dellen Commers Holsten Lynch Pawlenty Van Engen Daggett Hugoson Macklin Rhodes Vickerman Dehler Jennings Mares Rostberg Warkentin Dempsey Johnson, V. McElroy Schumacher Weaver Erhardt Knight Molnau Seagren Wolf Finseth Knoblach Mulder Stanek Worke Frerichs Koppendrayer Ness Sviggum WorkmanThose who voted in the negative were:
Bakk Farrell Lieder Osthoff Solberg Bertram Greenfield Long Ostrom Tomassoni Bishop Greiling Luther Pellow Trimble Brown Hasskamp Mahon Pelowski Tunheim Carlson Hausman Mariani Perlt Wagenius Carruthers Huntley Marko Peterson Wejcman Clark Jaros McCollum Pugh WenzelThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3365
Cooper Jefferson McGuire Rest Winter Dauner Johnson, A. Milbert Rice Sp.Anderson,I Davids Johnson, R. Munger Rukavina Dawkins Kahn Murphy Sarna Delmont Kalis Olson, E. Simoneau Dorn Kinkel Orenstein Skoglund Entenza Leighton Orfield Smith
S. F. No. 1678, A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; providing for the transfer of certain money in the state treasury; fixing and limiting the amount of fees, penalties, and other costs to be collected in certain cases; amending Minnesota Statutes 1994, sections 3.9741, subdivision 2; 5.14; 15.50, subdivision 2; 15.91, subdivision 2; 16B.39, by adding a subdivision; 16B.42, subdivision 3; 16B.88, subdivisions 1, 2, 3, and 4; 126A.01; 126A.02; 126A.04; 197.05; 240A.08; 309.501, by adding a subdivision; and 349A.08, subdivision 5; Laws 1993, chapter 224, article 12, section 33; proposing coding for new law in Minnesota Statutes, chapters 16B; and 43A.
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.
Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the final passage of S. F. No. 1678, as amended. The request was granted.
There were 79 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Lieder Orenstein Sarna Bertram Greiling Long Orfield Schumacher Boudreau Hasskamp Lourey Osskopp Skoglund Brown Hausman Luther Osthoff Smith Carlson Holsten Lynch Ostrom Solberg Carruthers Huntley Mahon Otremba Tomassoni Clark Jaros Mares Ozment Tompkins Cooper Jefferson Mariani Pelowski Trimble Dauner Jennings Marko Perlt Tunheim Dawkins Johnson, A. McCollum Peterson Van Engen Delmont Johnson, R. McGuire Pugh Wagenius Dempsey Kahn Milbert Rest Wejcman Dorn Kalis Munger Rhodes Wenzel Entenza Kinkel Murphy Rice Winter Farrell Leighton Ness Rostberg Sp.Anderson,I Garcia Leppik Olson, E. RukavinaThose who voted in the negative were:
Abrams Finseth Koppendrayer Paulsen Vickerman Anderson, B. Frerichs Kraus Pellow Warkentin Bettermann Girard Krinkie Seagren Weaver Bishop Goodno Larsen Simoneau Wolf Bradley Haas Lindner Stanek Worke Broecker Hackbarth Macklin Sviggum Workman Commers Harder McElroy Swenson, D. Daggett Hugoson Molnau Swenson, H. Davids Johnson, V. Mulder Sykora Dehler Knight Olson, M. Tuma Erhardt Knoblach Onnen Van DellenThe bill was passed, as amended, and its title agreed to.
Knight was excused between the hours of 6:20 p.m. and 7:30 p.m.
S. F. No. 1536 was reported to the House.
Rukavina moved to amend S. F. No. 1536, the second unofficial engrossment, as follows:
Page 16, after line 33, insert:
"Sec. 16. Minnesota Statutes 1994, section 299M.03, subdivision 2, is amended to read:
Subd. 2. [JOURNEYMAN CERTIFICATE.] A person may not install, connect, alter, repair, or add to a fire protection system, under the supervision of a fire protection contractor, unless annually certified to perform those duties as a journeyman sprinkler fitter or as a registered apprentice sprinkler fitter. This subdivision does not apply to a person altering or repairing a fire protection system if the system uses low pressure water and the system is located in a facility regulated under the Minnesota occupational safety and health act."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Lieder moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 2, line 18, delete "13,644,000" and insert "12,644,000"
Delete page 3, line 42 to page 4, line 6
Page 4, line 49, delete "293,058,000" and insert "293,068,000"
Page 6, line 15, after "project" insert ", or a series of projects on a single highway,"
Page 6, line 19, after "project" insert "or series of projects"
Page 6, line 42, delete "$243,000" in both places and insert "$444,000" in both places
Page 9, delete section 3 and insert:
"Sec. 3. METROPOLITAN COUNCIL TRANSIT 42,417,000 41,792,000
Of this amount, the metropolitan council may use up to $625,000 during the biennium to implement a high-speed bus demonstration project. The project may be implemented with reorganized existing transit service or provision of new service.
The metropolitan council may not spend more than $15,300,000 the first year and $15,300,000 the second year on metro mobility, except for proceeds from bond sales where use of such proceeds for metro mobility capital expenditures is authorized by law."
The motion prevailed and the amendment was adopted.
Jennings and Rostberg moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 14, after line 35, insert:
"Sec. 12. Minnesota Statutes 1994, section 162.09, subdivision 4, is amended to read:
Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In determining whether any city has a population of 5,000 or more, the last federal census shall be conclusive, except as otherwise provided in this subdivision.
(b) A city that has previously been classified as having a population of 5,000 or more for the purposes of chapter 162 and whose population decreases by less than 15 percent from the census figure that last qualified the city for inclusion shall receive the following percentages of its 1981 apportionment for the years indicated: 1982, 66 percent and 1983, 33 percent. Thereafter the city shall not receive any apportionment from the municipal state-aid street fund unless its population is determined to be 5,000 or over by a federal census. The governing body of the city may contract with the United States Bureau of the Census to take one special census before January 1, 1986. A certified copy of the results of the census shall be filed with the appropriate state authorities by the city. The result of the census shall be the population of the city for the purposes of any law providing that population is a required qualification for distribution of highway aids under chapter 162. The special census shall remain in effect until the 1990 federal census is completed and filed. The expense of taking the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a city is incorporated as such during the interval between federal censuses, its population shall be determined by its incorporation census. The incorporation census shall be determinative of the population of the city only until the next federal census.
(d) The population of a city created by the consolidation of two or more previously incorporated cities shall be determined by the most recent population estimate of the metropolitan council or state demographer, until the first federal decennial census or special census taken after the consolidation."
Renumber the remaining sections
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Molnau moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, delete section 10
Renumber the sections in sequence
Page 19, line 8, delete "Sections 3 and 10 apply" and insert "Section 3 applies"
Page 19, line 11, delete "Sections 10 and 11 are" and insert "Section 10 is"
Correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Molnau amendment and the roll was called. There were 60 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Ozment Tuma Anderson, B. Frerichs Larsen Paulsen Van DellenThose who voted in the negative were:
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3368
Bettermann Girard Leppik Pawlenty Van Engen Bishop Goodno Lynch Pellow Vickerman Boudreau Hackbarth Macklin Rhodes Weaver Bradley Harder Mares Rostberg Wolf Broecker Holsten McElroy Seagren Worke Commers Hugoson Molnau Smith Workman Daggett Jennings Mulder Sviggum Davids Johnson, V. Ness Swenson, D. Dehler Knoblach Olson, M. Swenson, H. Dempsey Koppendrayer Onnen Sykora Erhardt Kraus Osskopp Tompkins
Bakk Greenfield Lieder Orenstein Simoneau Bertram Greiling Lindner Orfield Skoglund Brown Haas Long Osthoff Solberg Carlson Hasskamp Lourey Ostrom Stanek Carruthers Hausman Luther Otremba Tomassoni Clark Huntley Mahon Pelowski Trimble Cooper Jaros Mariani Perlt Tunheim Dauner Jefferson Marko Peterson Wagenius Dawkins Johnson, A. McCollum Pugh Warkentin Delmont Johnson, R. McGuire Rest Wejcman Dorn Kahn Milbert Rice Wenzel Entenza Kalis Munger Rukavina Winter Farrell Kinkel Murphy Sarna Sp.Anderson,I Garcia Leighton Olson, E. SchumacherThe motion did not prevail and the amendment was not adopted.
Molnau moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Pages 13 and 14, delete section 11
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Molnau amendment and the roll was called. There were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Onnen Tompkins Anderson, B. Girard Krinkie Paulsen Tuma Bettermann Goodno Leppik Pellow Van Dellen Bishop Haas Lindner Rhodes Van Engen Boudreau Hackbarth Lynch Rostberg Vickerman Bradley Harder Macklin Seagren Warkentin Broecker Holsten Mares Smith Weaver Daggett Hugoson McElroy Stanek Wolf Davids Johnson, V. Molnau Sviggum Worke Dehler Knight Mulder Swenson, D. Workman Erhardt Knoblach Ness Swenson, H. Finseth Koppendrayer Olson, M. SykoraThose who voted in the negative were:
Bakk Garcia Leighton Orfield Schumacher Bertram Greenfield Lieder Osskopp Simoneau Brown Greiling Long Osthoff Skoglund Carlson Hasskamp Lourey Ostrom Solberg Carruthers Hausman Luther Otremba Tomassoni Clark Huntley Mahon Ozment Trimble Commers Jaros Mariani Pawlenty Tunheim Cooper Jefferson Marko Pelowski Wagenius Dauner Jennings McCollum Perlt Wejcman Dawkins Johnson, A. McGuire Peterson Wenzel Delmont Johnson, R. Milbert Pugh Winter Dempsey Kahn Munger Rest Sp.Anderson,I Dorn Kalis Murphy Rice Entenza Kinkel Olson, E. Rukavina Farrell Larsen Orenstein SarnaThe motion did not prevail and the amendment was not adopted.
Frerichs moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 9, line 38, before "The" insert "Of this amount, $100,000 is for"
Page 9, line 41, delete "shall" and insert "to"
The motion prevailed and the amendment was adopted.
Sviggum moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 9, after line 33, insert:
"The metropolitan council may not operate a regular route transit route if the farebox recovery rate for that route during the preceding year was less than ten percent of the total annual operating cost of that route."
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the roll was called. There were 49 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Abrams Dempsey Knight Mulder Sykora Anderson, B. Erhardt Knoblach Ness Tompkins Bettermann Finseth Koppendrayer Olson, M. Tuma Bishop Frerichs Kraus Onnen Van Dellen Boudreau Girard Krinkie Osskopp Van Engen Bradley Haas Leppik Paulsen Warkentin Broecker Hackbarth Lindner Pawlenty Weaver Commers Harder Lynch Pellow Worke Daggett Hugoson McElroy Stanek Workman Davids Johnson, V. Molnau SviggumThose who voted in the negative were:
Bakk Greiling Lourey Otremba Solberg Bertram Hasskamp Luther Ozment Swenson, D. Brown Hausman Macklin Pelowski Swenson, H. Carlson Holsten Mahon Perlt Tomassoni Carruthers Huntley Mares Peterson Trimble Clark Jaros Mariani Pugh Tunheim Cooper Jefferson Marko Rest Vickerman Dauner Jennings McCollum Rhodes Wagenius Dawkins Johnson, A. McGuire Rice Wejcman Dehler Johnson, R. Milbert Rostberg Wenzel Delmont Kahn Munger Rukavina Winter Dorn Kalis Murphy Sarna Wolf Entenza Kinkel Olson, E. Schumacher Sp.Anderson,I Farrell Larsen Orenstein Seagren Garcia Leighton Orfield Simoneau Goodno Lieder Osthoff Skoglund Greenfield Long Ostrom SmithThe motion did not prevail and the amendment was not adopted.
Dehler offered an amendment to S. F. No. 1536, the second unofficial engrossment, as amended.
Rice raised a point of order pursuant to rule 3.10 that the Dehler amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
The Speaker called Kahn to the Chair.
Van Engen moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 15, after line 25, insert:
"Sec. 14. Minnesota Statutes 1994, section 297B.09, subdivision 1, is amended to read:
Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected and received under this chapter must be deposited in the state treasury and credited to the general fund. The amounts collected and received shall be credited as provided in this subdivision, and transferred from the general fund on July 15 and February 15 of each fiscal year. The commissioner of finance must make each transfer based upon the actual receipts of the preceding six calendar months and include the interest earned during that six-month period. The commissioner of finance may establish a quarterly or other schedule providing for more frequent payments to the transit assistance fund if the commissioner determines it is necessary or desirable to provide for the cash flow needs of the recipients of money from the transit assistance fund.
(b) Twenty-five Twenty percent of the money
collected and received under this chapter after June 30,
1990 1998, and before July 1, 1991 1999;
35 percent after June 30, 1999, and before July 1, 2000; and 50
percent after June 30, 2001, must be transferred to the
highway user tax distribution fund and the transit assistance
fund for apportionment as follows: 75 percent must be
transferred to the highway user tax distribution fund for
apportionment in the same manner and for the same purposes as
other money in that fund, and the remaining 25 percent of the
money must be transferred to the transit assistance fund to be
appropriated to the commissioner of transportation for transit
assistance within the state and to the metropolitan council.
(c) The distributions under this subdivision to the highway user tax distribution fund until June 30, 1991, and to the trunk highway fund thereafter, must be reduced by the amount necessary to fund the appropriation under section 41A.09, subdivision 1. For the fiscal years ending June 30, 1988, and June 30, 1989, the commissioner of finance, before making the transfers required on July 15 and January 15 of each year, shall estimate the amount required to fund the appropriation under section 41A.09, subdivision 1, for the six-month period for which the transfer is being made. The commissioner shall then reduce the amount transferred to the highway user tax distribution fund by the amount of that estimate. The commissioner shall reduce the estimate for any six-month period by the amount by which the estimate for the previous six-month period exceeded the amount needed to fund the appropriation under section 41A.09, subdivision 1, for that previous six-month period. If at any time during a six-month period in those fiscal years the amount of reduction in the transfer to the highway user tax distribution fund is insufficient to fund the appropriation under section 41A.09, subdivision 1, for that period, the commissioner shall transfer to the general fund from the highway user tax distribution fund an additional amount sufficient to fund the appropriation for that period, but the additional amount so transferred to the general fund in a six-month period may not exceed the amount transferred to the highway user tax distribution fund for that six-month period."
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 Van Engen amendment and the roll was called. There were 63 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Sykora Anderson, B. Frerichs Kraus Osskopp Tompkins Bettermann Girard Krinkie Ozment TumaThose who voted in the negative were:
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3371
Bishop Goodno Larsen Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Lynch Pellow Vickerman Broecker Harder Macklin Rostberg Warkentin Commers Holsten Mares Seagren Weaver Daggett Hugoson McElroy Smith Wolf Davids Jennings Molnau Stanek Worke Dehler Johnson, V. Mulder Sviggum Workman Dempsey Knight Ness Swenson, D. Erhardt Knoblach Olson, M. Swenson, H.
Bakk Greenfield Lieder Orfield Simoneau Bertram Greiling Long Osthoff Skoglund Brown Hasskamp Lourey Ostrom Solberg Carlson Hausman Luther Otremba Tomassoni Carruthers Huntley Mahon Pelowski Trimble Clark Jaros Mariani Perlt Tunheim Cooper Jefferson Marko Peterson Wagenius Dauner Johnson, A. McCollum Pugh Wejcman Dawkins Johnson, R. McGuire Rest Wenzel Delmont Kahn Milbert Rhodes Winter Dorn Kalis Munger Rice Sp.Anderson,I Entenza Kinkel Murphy Rukavina Farrell Leighton Olson, E. Sarna Garcia Leppik Orenstein SchumacherThe motion did not prevail and the amendment was not adopted.
Tunheim; Workman; Olson, E.; Bertram; Brown; Schumacher; Johnson, V.; Frerichs; Winter; Cooper; Peterson; Daggett; Tompkins; Hugoson; Jennings; Mahon; Bradley; Kraus; Broecker; Osthoff; McElroy; Rhodes and Knight moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 15, after line 25, insert:
"Sec. 14. Minnesota Statutes 1994, section 221.011, subdivision 15, is amended to read:
Subd. 15. [MOTOR CARRIER.] "Motor carrier" means a carrier
operating for hire under the authority of this chapter and
subject to the rules and orders of the commissioner and
or the board.
Sec. 15. Minnesota Statutes 1994, section 221.011, is amended by adding a subdivision to read:
Subd. 47. [MOTOR CARRIER OF PROPERTY.] "Motor carrier of property" means a motor carrier engaged in the for-hire transportation of property, other than household goods, in Minnesota who has filed a registration statement with the commissioner.
Sec. 16. [MOTOR CARRIERS OF PROPERTY; EXEMPTIONS.]
Subdivision 1. [REGISTRATION.] No person may engage in the for-hire transportation of property, other than household goods, in Minnesota unless the person has filed a registration statement with the commissioner on a form the commissioner prescribes.
Subd. 2. [EXEMPTIONS FROM REQUIREMENTS.] Notwithstanding any other law, a motor carrier of property is exempt from sections 221.021; 221.031, subdivision 1, paragraphs (d) and (e); 221.061; 221.071; 221.081; 221.131; 221.172, subdivisions 3 to 8; 221.185, except as provided in subdivision 4; and 221.296. The exemptions in this subdivision do not apply to a motor carrier of property while transporting household goods.
Subd. 3. [SAFETY REGULATIONS.] A motor carrier of property is subject to those federal regulations incorporated by reference in section 221.0314, unless exempted from those regulations by section 221.031.
Subd. 4. [SUSPENSION AND CANCELLATION OF REGISTRATION.] The commissioner shall suspend or cancel, following the procedures for suspension and cancellation in section 221.185, the registration of a motor carrier of property who fails to file with the commissioner or maintain the insurance or bond required under section 221.141. A person may not engage in the for-hire transportation of property, other than household goods, in Minnesota while the person's registration is under suspension or cancellation under this subdivision.
Subd. 5. [LOCAL REGULATION.] Section 221.091 applied to registration statements under this section to the same extend that it applies to certificates and permits issued by the board."
Page 19, line 11, delete "and" and insert a comma
Page 19, line 11, after "10" insert ", 14, 15, and 16"
Renumber sections in sequence
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Delmont moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 17, line 13, after the period, insert "The commissioner of administration shall transfer"
Page 17, line 15, after "services" delete "is appropriated"
The motion prevailed and the amendment was adopted.
Bishop and Osthoff offered an amendment to S. F. No. 1536, the second unofficial engrossment, as amended.
Simoneau raised a point of order pursuant to rule 3.09 that the Bishop and Osthoff amendment was not in order. Speaker pro tempore Kahn ruled the point of order well taken and the amendment out of order.
The Speaker resumed the Chair.
Sviggum moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 34, insert:
"Sec. 10. Laws 1994, chapter 628, article 2, section 4, subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN TRANSIT COMMISSION.] The terms of the
metropolitan transit commission members expire July 1, 1994.
Permanent or regular staff employed as of March 1, 1994, by the
metropolitan transit commission may not be terminated by
discharge, except for cause, or by layoff before the first
Monday in January 1996 May 31, 1995. The metropolitan
transit commission described in Minnesota Statutes 1992, section
473.404, is abolished. Its duties and responsibilities are
transferred to the metropolitan council. Its activities are
assumed by the transportation division of the metropolitan
council. Policy with respect to those activities must be
recommended by the transportation division committee of the
metropolitan council to the full council. The metropolitan
council is the successor entity to the metropolitan transit
commission with respect to all of the commission's property,
interests, and obligations. All of the operations managed by the
commission are transferred to the office of transit operations of
the transportation division of the metropolitan council.
Sec. 11. Laws 1994, chapter 628, article 2, section 4, subdivision 3, is amended to read:
Subd. 3. [METROPOLITAN WASTE CONTROL COMMISSION.] The terms of
the metropolitan waste control commission members and chair
expire July 1, 1994. Permanent or regular staff employed as of
March 1, 1994, by the metropolitan waste control commission may
not be terminated by discharge, except for cause, or by layoff
before the first Monday in January 1996 May 31,
1995. The metropolitan waste control commission described in
Minnesota Statutes 1992, section 473.503, is abolished. Its
duties and responsibilities are transferred to the metropolitan
council. Its activities are assumed by the environment division
of the metropolitan council. Policy with respect to those
activities must be recommended by the environment division
committee of the metropolitan council to the full council.
The metropolitan council is the successor entity to the metropolitan waste control commission with respect to all the commission's property, interests, obligations, and rules. All of the operations managed by the commission are transferred to the office of wastewater services of the environment division of the metropolitan council."
Renumber the sections in sequence
Page 19, line 8, delete "10" and insert "12"
Page 19, line 11, delete "and 11" and insert "to 13"
Correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the roll was called. There were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Tompkins Anderson, B. Frerichs Krinkie Osskopp Tuma Bettermann Girard Larsen Paulsen Van Dellen Bishop Goodno Leppik Pawlenty Van Engen Boudreau Haas Lindner Pellow Vickerman Bradley Hackbarth Lynch Rhodes Warkentin Broecker Harder Macklin Rostberg Weaver Commers Holsten Mares Seagren Wolf Daggett Hugoson McElroy Stanek Worke Davids Johnson, V. Molnau Sviggum Workman Dehler Knight Mulder Swenson, D. Dempsey Knoblach Ness Swenson, H. Erhardt Koppendrayer Olson, M. SykoraThose who voted in the negative were:
Bakk Greenfield Lieder Orfield Simoneau Bertram Greiling Long Osthoff Skoglund Brown Hasskamp Lourey Ostrom Smith Carlson Hausman Luther Otremba Solberg Carruthers Huntley Mahon Ozment Tomassoni Clark Jaros Mariani Pelowski Trimble Cooper Jefferson Marko Perlt Tunheim Dauner Jennings McCollum Peterson Wagenius Dawkins Johnson, A. McGuire Pugh Wejcman Delmont Johnson, R. Milbert Rest Wenzel Dorn Kahn Munger Rice Winter Entenza Kalis Murphy Rukavina Sp.Anderson,I Farrell Kinkel Olson, E. Sarna Garcia Leighton Orenstein SchumacherThe motion did not prevail and the amendment was not adopted.
Krinkie moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 8, delete lines 42 to 47
A roll call was requested and properly seconded.
The question was taken on the Krinkie amendment and the roll was called. There were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Ozment Sykora Anderson, B. Frerichs Larsen Paulsen Tompkins Bettermann Girard Lindner Pawlenty Tuma Boudreau Goodno Lynch Pellow Van Dellen Bradley Haas Macklin Perlt Van Engen Broecker Hackbarth Mares Rostberg Vickerman Commers Harder McElroy Seagren Warkentin Daggett Holsten Molnau Smith Weaver Davids Hugoson Mulder Stanek WorkeThose who voted in the negative were:
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3374
Dehler Knight Olson, M. Sviggum Workman Dempsey Koppendrayer Onnen Swenson, D. Erhardt Kraus Osskopp Swenson, H.
Bakk Greenfield Leighton Olson, E. Simoneau Bertram Greiling Leppik Orenstein Skoglund Bishop Hasskamp Lieder Orfield Solberg Brown Hausman Long Osthoff Tomassoni Carlson Huntley Lourey Ostrom Trimble Carruthers Jaros Luther Otremba Tunheim Clark Jefferson Mahon Pelowski Wagenius Cooper Jennings Mariani Peterson Wejcman Dauner Johnson, A. Marko Pugh Wenzel Dawkins Johnson, R. McCollum Rest Winter Delmont Johnson, V. McGuire Rhodes Wolf Dorn Kahn Milbert Rice Sp.Anderson,I Entenza Kalis Munger Rukavina Farrell Kinkel Murphy Sarna Garcia Knoblach Ness SchumacherThe motion did not prevail and the amendment was not adopted.
Weaver moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 19, after line 3, insert:
"Sec. 19. [HIGHWAY PROJECTS.]
If there is a conflict between work for the project required by section 11 and the commissioner's 1995-1997 state transportation improvement program, priority shall be given to the projects in the commissioner's program."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Weaver amendment and the roll was called. There were 63 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tompkins Bettermann Girard Larsen Paulsen Tuma Bishop Goodno Leppik Pawlenty Van Dellen Boudreau Haas Lindner Pellow Van Engen Bradley Hackbarth Lynch Rhodes Vickerman Broecker Harder Macklin Rostberg Warkentin Commers Holsten Mares Seagren Weaver Daggett Hugoson McElroy Smith Wolf Davids Johnson, V. Molnau Stanek Worke Dehler Knight Mulder Sviggum Workman Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Simoneau Bertram Greiling Long Osthoff Skoglund Brown Hasskamp Lourey Ostrom Solberg Carlson Hausman Luther Otremba Tomassoni Carruthers Huntley Mahon Ozment Trimble Clark Jaros Mariani Pelowski Tunheim Cooper Jefferson Marko Perlt WageniusThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3375
Dauner Jennings McCollum Peterson Wejcman Dawkins Johnson, A. McGuire Pugh Wenzel Delmont Johnson, R. Milbert Rest Winter Dorn Kahn Munger Rice Sp.Anderson,I Entenza Kalis Murphy Rukavina Farrell Kinkel Olson, E. Sarna Garcia Leighton Orenstein Schumacher
Molnau; Swenson, H.; Workman; Onnen and Paulsen moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF T.H. 212.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway no. 212, between marked interstate highway no. 494 and the city of Cologne, not later than January 1, 2004."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Molnau et al amendment and the roll was called. There were 66 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Ozment Tompkins Anderson, B. Frerichs Larsen Paulsen Tuma Bettermann Girard Leppik Pawlenty Van Dellen Bishop Goodno Lindner Pellow Van Engen Boudreau Haas Lynch Peterson Vickerman Bradley Hackbarth Macklin Rhodes Warkentin Broecker Harder Mares Rostberg Weaver Commers Holsten McElroy Seagren Wolf Cooper Hugoson Molnau Smith Worke Daggett Johnson, V. Mulder Stanek Workman Davids Knight Ness Sviggum Dehler Knoblach Olson, M. Swenson, D. Dempsey Koppendrayer Onnen Swenson, H. Erhardt Kraus Osskopp SykoraThose who voted in the negative were:
Bakk Greenfield Leighton Olson, E. 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 Dauner Jefferson Mariani Pelowski Tunheim Dawkins Jennings Marko Perlt Wagenius Delmont Johnson, A. McCollum Pugh Wejcman Dorn Johnson, R. McGuire Rest Wenzel Entenza Kahn Milbert Rice Winter Farrell Kalis Munger Rukavina Sp.Anderson,I Garcia Kinkel Murphy SarnaThe motion prevailed and the amendment was adopted.
McElroy moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 7, line 41, delete "22,843,000" and insert "22,593,000"
Delete page 7, line 42, to page 8, line 29
Adjust the fund totals accordingly
A roll call was requested and properly seconded.
The question was taken on the McElroy amendment and the roll was called. There were 64 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Krinkie Onnen Swenson, H. Anderson, B. Girard Larsen Osskopp Sykora Bettermann Goodno Leppik Osthoff Tompkins Bishop Haas Lindner Ozment Tuma Boudreau Hackbarth Lynch Paulsen Van Dellen Bradley Harder Macklin Pawlenty Van Engen Broecker Holsten Mahon Pellow Vickerman Commers Hugoson Mares Rostberg Warkentin Daggett Johnson, V. McElroy Seagren Weaver Davids Knight Molnau Smith Wolf Dempsey Knoblach Mulder Stanek Worke Erhardt Koppendrayer Ness Sviggum Workman Finseth Kraus Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Garcia Leighton Orfield Skoglund Bertram Greenfield Lieder Ostrom Solberg Brown Greiling Long Otremba Tomassoni Carlson Hasskamp Lourey Pelowski Trimble Carruthers Hausman Luther Perlt Tunheim Clark Huntley Mariani Peterson Wagenius Cooper Jaros Marko Pugh Wejcman Dauner Jefferson McCollum Rest Wenzel Dawkins Jennings McGuire Rhodes Winter Dehler Johnson, A. Milbert Rice Sp.Anderson,I Delmont Johnson, R. Munger Rukavina Dorn Kahn Murphy Sarna Entenza Kalis Olson, E. Schumacher Farrell Kinkel Orenstein SimoneauThe motion did not prevail and the amendment was not adopted.
Weaver, Lynch, Hackbarth and Warkentin moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF NEW T.H. 169 BRIDGE.]
The commissioner of transportation shall complete the construction of the new Anoka-Champlin bridge on marked trunk highway no. 169 over the Mississippi River not later than January 1, 2004."
Renumber the remaining sections
The motion did not prevail and the amendment was not adopted.
Harder moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF T.H. 60.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway no. 60 as a four-lane divided highway between Windom and Worthington, not later than January 1, 2004."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Harder amendment and the roll was called. There were 65 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Winter Dehler Knight Mulder Stanek Wolf Dempsey Knoblach Ness Sviggum Worke Erhardt Koppendrayer Olson, M. Swenson, D. WorkmanThose who voted in the negative were:
Bakk Greenfield Lieder Orfield Skoglund Bertram Greiling Long Osthoff Solberg Brown Hasskamp Lourey Ostrom Tomassoni Carlson Hausman Luther Otremba Trimble Carruthers Huntley Mahon Pelowski Tunheim Clark Jaros Mariani Perlt Wagenius Cooper Jefferson Marko Peterson Wejcman Dauner Jennings McCollum Pugh Wenzel Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Rukavina Entenza Kalis Murphy Sarna Farrell Kinkel Olson, E. Schumacher Garcia Leighton Orenstein SimoneauThe motion did not prevail and the amendment was not adopted.
Osskopp moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 14, after line 35, insert:
"Sec. 12. [PLAINVIEW STOP SIGN.]
Notwithstanding other law to the contrary, the governing body of the city of Plainview may, by resolution, install a four-way stop sign at the intersection of marked trunk highway No. 247 with marked trunk highway No. 42. The purchase, installation, and other costs incurred to erect the signs must be paid for by the city of Plainview."
The motion prevailed and the amendment was adopted.
Onnen, Smith, Van Engen and Ness moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF T.H. 12.]
The commissioner of transporation shall complete the reconstruction of marked trunk highway no. 12, from Delano to Willmar and highway no. 65 from Cambridge to the intersection of highway no. 2 and highway no. 65, not later than January 1, 2004."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Onnen et al amendment and the roll was called. There were 71 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Osskopp Swenson, H. Anderson, B. Frerichs Larsen Otremba Sykora Bettermann Girard Leppik Ozment Tompkins Bishop Goodno Lindner Paulsen Tuma Boudreau Haas Lourey Pawlenty Van Engen Bradley Hackbarth Luther Pellow Vickerman Broecker Harder Lynch Peterson Warkentin Commers Holsten Macklin Rhodes Weaver Cooper Hugoson Mares Rostberg Wolf Daggett Jennings McElroy Seagren Worke Dauner Johnson, V. Molnau Smith Workman Davids Knight Mulder Solberg Dehler Knoblach Ness Stanek Dempsey Koppendrayer Olson, M. Sviggum Erhardt Kraus Onnen Swenson, D.Those who voted in the negative were:
Bakk Greenfield Leighton Orenstein Simoneau Bertram Greiling Lieder Orfield Skoglund Brown Hasskamp Long Osthoff Tomassoni Carlson Hausman Mahon Ostrom Trimble Carruthers Huntley Mariani Pelowski Tunheim Clark Jaros Marko Perlt Van Dellen Dawkins Jefferson McCollum Pugh Wagenius Delmont Johnson, A. McGuire Rest Wejcman Dorn Johnson, R. Milbert Rice Wenzel Entenza Kahn Munger Rukavina Winter Farrell Kalis Murphy Sarna Sp.Anderson,I Garcia Kinkel Olson, E. SchumacherThe motion prevailed and the amendment was adopted.
Carruthers moved that when the House adjourns today it adjourn until 11:30 a.m., Friday, April 28, 1995. The motion prevailed.
Mares moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRAFFIC SIGNALS.]
The commissioner of transportation shall:
(1) install traffic signals on marked trunk highway no. 61 at its intersection with Seventh Street in the city of White Bear Lake; and
(2) install traffic signals on marked trunk highway no. 244 at its intersection with Hoffman Road East in or near the city of White Bear Lake.
The commissioner shall install the traffic signals required under this section not later than January 1, 1999."
Renumber the remaining sections
The motion prevailed and the amendment was adopted.
Harder and Worke moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF T.H. 14.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway no. 14, from Rochester to Walnut Grove, not later than January 1, 2004."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Harder and Worke amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion did not prevail.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 66 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Larsen Paulsen Tuma Anderson, B. Girard Leppik Pawlenty Van Dellen Bettermann Goodno Lindner Pellow Van Engen Bishop Haas Lynch Pelowski Vickerman Boudreau Hackbarth Macklin Rhodes Warkentin Bradley Harder Mares Rostberg Weaver Broecker Holsten McElroy Seagren Winter Commers Hugoson Molnau Smith Wolf Daggett Johnson, V. Mulder Stanek Worke Davids Knight Ness Sviggum Workman Dehler Knoblach Olson, M. Swenson, D. Dempsey Koppendrayer Onnen Swenson, H. Erhardt Kraus Osskopp Sykora Finseth Krinkie Ozment TompkinsThose who voted in the negative were:
Bakk Garcia Kinkel Olson, E. Skoglund Bertram Greenfield Leighton Orenstein Solberg Brown Greiling Lieder Orfield Tomassoni Carlson Hasskamp Long Osthoff Trimble Carruthers Hausman Lourey Ostrom Tunheim Clark Huntley Luther Otremba Wagenius Cooper Jaros Mariani Perlt Wejcman Dauner Jefferson Marko Peterson Wenzel Dawkins Jennings McCollum Pugh Sp.Anderson,I Delmont Johnson, A. McGuire Rest Dorn Johnson, R. Milbert Rice Entenza Kahn Munger Rukavina Farrell Kalis Murphy SimoneauThe motion prevailed and the amendment was adopted.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
Rukavina was excused for the remainder of today's session.
Workman moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF TRUNK HIGHWAY 101.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway No. 101, between marked trunk highway No. 7 and marked trunk highway No. 212, not later than January 1, 1998."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Workman amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 62 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Larsen Ozment Tompkins Anderson, B. Girard Leppik Paulsen Tuma Bettermann Goodno Lindner Pawlenty Van Dellen Bishop Haas Lynch Pellow Van Engen Boudreau Hackbarth Macklin Rhodes Vickerman Bradley Harder Mares Rostberg Warkentin Broecker Holsten McElroy Seagren Weaver Commers Hugoson Molnau Smith Wolf Daggett Johnson, V. Mulder Stanek Worke Davids Knight Ness Sviggum Workman Dehler Knoblach Olson, M. Swenson, D. Dempsey Koppendrayer Onnen Swenson, H. Erhardt Kraus Osskopp SykoraThose who voted in the negative were:
Bakk Garcia Krinkie Olson, E. Solberg Bertram Greenfield Leighton Orenstein Tomassoni Brown Greiling Lieder Orfield Trimble Carlson Hasskamp Long Osthoff Tunheim Carruthers Hausman Lourey Ostrom Wagenius Clark Huntley Luther Otremba Wejcman Cooper Jaros Mahon Pelowski Wenzel Dauner Jefferson Mariani Perlt Winter Dawkins Jennings Marko Peterson Sp.Anderson,I Delmont Johnson, A. McCollum Pugh Dorn Johnson, R. McGuire Rest Entenza Kahn Milbert Sarna Farrell Kalis Munger Schumacher Finseth Kinkel Murphy SkoglundThe motion did not prevail and the amendment was not adopted.
Workman moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF TRUNK HIGHWAY NO. 5.]
The commissioner of transportation shall complete the construction of four lanes for traffic on marked trunk highway No. 5, between county road 17 in the city of Chanhassen and county road 11 in the city of Victoria, not later than January 1, 1998."
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 Workman amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Workman moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF INTERSTATE HIGHWAY NO. 494.]
The commissioner of transportation shall complete the construction of six lanes for traffic on interstate highway No. 494, between interstate highway No. 394 and marked trunk highway No. 100, not later than January 1, 1998."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Seagren, Wolf and Knight moved to amend the Workman amendment to S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 1, line 8, after "No. 100" insert "and reconstruct marked interstate highway No. 494 between marked trunk highway No. 100 and Cedar Avenue"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Workman amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Warkentin and Weaver moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF T.H. 10 EXPRESSWAY.]
The commissioner of transportation shall complete the reconstruction to expressway standards of marked trunk highway no. 10, from its intersection with marked interstate highway no. 35 in Mounds View to Foley Boulevard in Coon Rapids, not later than January 1, 1999."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Warkentin and Weaver amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Dempsey and Ozment moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF TRUNK HIGHWAY NO. 316.]
The commissioner of transportation shall complete the construction of marked trunk highway No. 316 from its junction with marked trunk highway No. 61 North to its junction with marked trunk highway No. 61 South, not later than January 1, 1998."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Dempsey and Ozment amendment and the roll was called. There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Osskopp Sykora Anderson, B. Frerichs Larsen Ozment Tompkins Bettermann Girard Leppik Paulsen Tuma Bishop Goodno Lindner Pawlenty Van Dellen Boudreau Haas Lynch Pellow Van Engen Bradley Hackbarth Macklin Rhodes Vickerman Broecker Harder Mares Rostberg Warkentin Commers Holsten McElroy Seagren Weaver Daggett Hugoson Molnau Smith Wolf Davids Johnson, V. Mulder Stanek Worke Dehler Knight Ness Sviggum Workman Dempsey Knoblach Olson, M. Swenson, D. Erhardt Koppendrayer Onnen Swenson, H.Those who voted in the negative were:
Bakk Greenfield Leighton Orenstein Skoglund Bertram Greiling Lieder Orfield Solberg Brown Hasskamp Long Osthoff Tomassoni Carlson Hausman Lourey Ostrom Trimble Carruthers Huntley Luther Otremba Tunheim Clark Jaros Mahon Pelowski Wagenius Cooper Jefferson Mariani Perlt Wejcman Dauner Jennings Marko Peterson Wenzel Dawkins Johnson, A. McCollum Pugh Winter Delmont Johnson, R. McGuire Rest Sp.Anderson,I Dorn Kahn Milbert Rice Entenza Kalis Munger Sarna Farrell Kinkel Murphy Schumacher Garcia Krinkie Olson, E. SimoneauThe motion did not prevail and the amendment was not adopted.
Tompkins moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [HIGHWAY PROJECT.]
The commissioner of transportation shall widen marked trunk highway No. 77 from two lanes to four lanes from its junction with marked county road 38 to its junction with marked trunk highway No. 13, not later than January 1, 1998."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Tompkins amendment and the roll was called. There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tompkins Bettermann Girard Larsen Ozment Tuma Bishop Goodno Leppik Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Lynch Pellow Vickerman Broecker Harder Macklin Rhodes Warkentin Commers Holsten Mares Rostberg Weaver Daggett Hugoson McElroy Seagren Wolf Davids Johnson, V. Molnau Stanek Worke Dehler Knight Mulder Sviggum Workman Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3385
Bakk Greenfield Lieder Orfield Smith Bertram Greiling Long Osthoff Solberg Brown Hasskamp Lourey Ostrom Tomassoni Carlson Hausman Luther Otremba Trimble Carruthers Huntley Mahon Pelowski Tunheim Clark Jaros Mariani Perlt Wagenius Cooper Jefferson Marko Peterson Wejcman Dauner Jennings McCollum Pugh Wenzel Dawkins Johnson, A. McGuire Rest Winter Delmont Johnson, R. Milbert Rice Sp.Anderson,I Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
McElroy, Seagren and Knight moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF INTERSTATE HIGHWAY NO. 35W IMPROVEMENT.]
The commissioner of transportation shall complete the design and construction of a public transit bus hub on interstate highway No. 35W at the 82nd Street interchange in the city of Bloomington, not later than January 1, 1998."
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 McElroy et al amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Kraus moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRUNK HIGHWAY NO. 65 IMPROVEMENT.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway No. 65 between interstate highway No. 35 and the Iowa border, not later than January 1, 1998."
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 Kraus amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Kraus moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRUNK HIGHWAY NO. 251 IMPROVEMENT.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway No. 251 from interstate highway No. 35 to marked trunk highway No. 218 not later than January 1, 1998."
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 Kraus amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Krinkie and Broecker moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRAFFIC SIGNALS; NORTH OAKS.]
The commissioner of transportation shall install traffic signals on marked trunk highway no. 49 at its intersection with Hodgson Road Connection, at or near the entrance to the Chippewa middle school in the city of North Oaks, not later than January 1, 1997."
Renumber the remaining sections
A roll call was requested and properly seconded.
The question was taken on the Krinkie and Broecker amendment and the roll was called. There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Krinkie Onnen Sykora Anderson, B. Girard Larsen Osskopp Tompkins Bettermann Goodno Leppik Paulsen Tuma Bishop Haas Lindner Pawlenty Van Dellen Boudreau Hackbarth Lynch Pellow Van Engen Bradley Harder Macklin Rhodes Vickerman Broecker Holsten Mares Rostberg Warkentin Commers Hugoson McElroy Seagren Weaver Daggett Johnson, V. Milbert Smith WolfThose who voted in the negative were:
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3388
Davids Knight Molnau Stanek Worke Dehler Knoblach Mulder Sviggum Workman Dempsey Koppendrayer Ness Swenson, D. Erhardt Kraus Olson, M. Swenson, H.
Bakk Garcia Leighton Orfield Skoglund Bertram Greenfield Lieder Osthoff Solberg Brown Greiling Long Ostrom Tomassoni Carlson Hasskamp Lourey Otremba Trimble Carruthers Hausman Luther Ozment Tunheim Clark Huntley Mahon Pelowski Wagenius Cooper Jaros Mariani Perlt Wejcman Dauner Jefferson Marko Peterson Wenzel Dawkins Jennings McCollum Pugh Winter Delmont Johnson, A. McGuire Rest Sp.Anderson,I Dorn Johnson, R. Munger Rice Entenza Kahn Murphy Sarna Farrell Kalis Olson, E. Schumacher Finseth Kinkel Orenstein SimoneauThe motion did not prevail and the amendment was not adopted.
McElroy moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRUNK HIGHWAY NO. 62.]
The commissioner of transportation shall construct the park and ride transit lot on the property popularly known as the Minnegasco site on the north side of marked trunk highway No. 62 in the city of Minneapolis, not later than January 1, 1998."
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 McElroy amendment and the roll was called. There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tompkins Bettermann Girard Larsen Ozment Tuma Bishop Goodno Leppik Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Lynch Pellow Vickerman Broecker Harder Macklin Rhodes Warkentin Commers Holsten Mares Rostberg Weaver Daggett Hugoson McElroy Seagren Wolf Davids Johnson, V. Molnau Smith Worke Dehler Knight Mulder Stanek Workman Dempsey Knoblach Ness Sviggum Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Swenson, D. Brown Hasskamp Lourey Ostrom Tomassoni Carlson Hausman Luther Otremba Trimble Carruthers Huntley Mahon Pelowski Tunheim Clark Jaros Mariani Perlt Wagenius Cooper Jefferson Marko Peterson WejcmanThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 48th Day - Top of Page 3389
Dauner Jennings McCollum Pugh Wenzel Dawkins Johnson, A. McGuire Rest Winter Delmont Johnson, R. Milbert Rice Sp.Anderson,I Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein Skoglund
Bradley, Bishop, Davids, Osskopp, Ozment and Frerichs moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [TRUNK HIGHWAY NO. 52.]
The commissioner of transportation shall complete the reconstruction of marked trunk highway No. 52 between the city of St. Paul and the Iowa border, not later than January 1, 2006."
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 Bradley et al amendment and the roll was called. There were 65 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, D. Anderson, B. Frerichs Krinkie Osskopp Swenson, H. Bettermann Girard Larsen Ostrom Sykora Bishop Goodno Leppik Ozment Tompkins Boudreau Haas Lindner Paulsen Tuma Bradley Hackbarth Lynch Pawlenty Van Dellen Broecker Harder Macklin Pellow Van Engen Commers Holsten Mares Rhodes Vickerman Daggett Hugoson McElroy Rostberg Warkentin Davids Johnson, V. Molnau Seagren Weaver Dehler Knight Mulder Smith Wolf Dempsey Knoblach Ness Stanek Worke Erhardt Koppendrayer Olson, M. Sviggum WorkmanThose who voted in the negative were:
Bakk Garcia Kinkel Murphy Schumacher Bertram Greenfield Leighton Olson, E. Simoneau Brown Greiling Lieder Orenstein Skoglund Carlson Hasskamp Long Orfield Solberg Carruthers Hausman Lourey Osthoff Tomassoni Clark Huntley Luther Otremba Trimble Cooper Jaros Mahon Pelowski Tunheim Dauner Jefferson Mariani Perlt Wagenius Dawkins Jennings Marko Peterson Wejcman Delmont Johnson, A. McCollum Pugh Wenzel Dorn Johnson, R. McGuire Rest Winter Entenza Kahn Milbert Rice Sp.Anderson,I Farrell Kalis Munger SarnaThe motion prevailed and the amendment was adopted.
Boudreau moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [COMPLETION OF TRUNK HIGHWAY NO. 60.]
The commissioner of transportation shall complete the construction of a traffic light at the intersection of marked trunk highway No. 60 and county road no. 44 near the city of Morristown in Rice county before January 1, 1997."
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 Boudreau amendment and the roll was called. There were 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Sykora Bettermann Girard Larsen Ozment Tompkins Bishop Goodno Leppik Paulsen Tuma Boudreau Haas Lindner Pawlenty Van Dellen Bradley Hackbarth Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Smith Wolf Dehler Knight Mulder Stanek Worke Dempsey Knoblach Ness Sviggum Workman Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Solberg Bertram Greiling Long Osthoff Tomassoni Brown Hasskamp Lourey Ostrom Trimble Carlson Hausman Luther Otremba Tunheim Carruthers Huntley Mahon Pelowski Wagenius Clark Jaros Mariani Perlt Wejcman Cooper Jefferson Marko Peterson Wenzel Dauner Jennings McCollum Pugh Winter Dawkins Johnson, A. McGuire Rest Sp.Anderson,I Delmont Johnson, R. Milbert Rice Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Van Dellen moved to amend S. F. No. 1536, the second unofficial engrossment, as amended, as follows:
Page 13, after line 43, insert:
"Sec. 11. [PROJECT PRIORITY.]
If the commissioner of transportation determines at any time that the financial resources available to the department are not sufficient to accomplish the construction projects required by this act in the time provided by this act, the commissioner shall reschedule the projects as the commissioner determines is appropriate."
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 Van Dellen amendment and the roll was called. There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tompkins Bettermann Girard Larsen Ozment Tuma Bishop Goodno Leppik Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Lynch Pellow Vickerman Broecker Harder Macklin Rhodes Warkentin Commers Holsten Mares Rostberg Weaver Daggett Hugoson McElroy Seagren Wolf Davids Johnson, V. Molnau Stanek Worke Dehler Knight Mulder Sviggum Workman Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Bakk Greenfield Lieder Orfield Smith Bertram Greiling Long Osthoff Solberg Brown Hasskamp Lourey Ostrom Tomassoni Carlson Hausman Luther Otremba Trimble Carruthers Huntley Mahon Pelowski Tunheim Clark Jaros Mariani Perlt Wagenius Cooper Jefferson Marko Peterson Wejcman Dauner Jennings McCollum Pugh Wenzel Dawkins Johnson, A. McGuire Rest Winter Delmont Johnson, R. Milbert Rice Sp.Anderson,I Dorn Kahn Munger Sarna Entenza Kalis Murphy Schumacher Farrell Kinkel Olson, E. Simoneau Garcia Leighton Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
S. F. No. 1536, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions.
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 64 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Bakk Garcia Kinkel Murphy Schumacher Bertram Greenfield Leighton Olson, E. Simoneau Brown Greiling Lieder Orenstein Skoglund Carlson Hasskamp Long Orfield Solberg Carruthers Hausman Lourey Osthoff Tomassoni Clark Huntley Luther Ostrom Trimble Cooper Jaros Mahon Otremba Tunheim Dauner Jefferson Mariani Pelowski Wagenius Dawkins Jennings Marko Perlt Wejcman Delmont Johnson, A. McCollum Peterson Wenzel Dorn Johnson, R. McGuire Pugh Winter Entenza Kahn Milbert Rest Sp.Anderson,I Farrell Kalis Munger SarnaThose who voted in the negative were:
Abrams Frerichs LarsenPaulsen Tuma
Anderson, B. Girard Pawlenty Van Dellen
Bettermann Goodno Pellow Van Engen
Bishop Haas Rhodes Vickerman
Boudreau Hackbarth Rice Warkentin
Bradley Harder Rostberg Weaver
Broecker Holsten Seagren Wolf
Commers Hugoson Smith Worke
Daggett Johnson, V. Stanek Workman
Davids Knight Sviggum
Dehler Knoblach Swenson, D.
Dempsey Koppendrayer Swenson, H.
Erhardt Kraus Sykora
Finseth Krinkie Tompkins
Leppik
Lindner
Lynch
Macklin
Mares
McElroy
Molnau
Mulder
Ness
Olson, M.
Onnen
Osskopp
Ozment
The bill was not passed, as amended.
Perlt moved that the vote whereby the motion to adjourn until 11:30 a.m., Friday, April 28, 1995, prevailed, be now reconsidered. The motion prevailed.
Rice moved that the vote whereby S. F. No. 1536, as amended, was not passed earlier today be now reconsidered. The motion prevailed.
Carruthers moved to lay S. F. No. 1536, as amended, on the table. The motion prevailed and S. F. No. 1536, as amended, was laid on the table.
Carruthers moved that the 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.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1000:
Johnson, A.; Carlson; Bertram; Entenza and Ness.
Carruthers moved that when the House adjourns today it adjourn until 11:00 a.m., Monday, May 1, 1995. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Monday, May 1, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
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