Saint Paul, Minnesota, Tuesday, May 2, 1995
The House of Representatives convened at 11:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Pastor Don Nydam, Joy Free Church,
Rogers, Minnesota.
The roll was called and the following members were present:
Anderson, R., was excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Ozment moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Frerichs Koppendrayer Olson, M. Smith
Anderson, B. Garcia Kraus Onnen Solberg
Bakk Girard Krinkie Opatz Stanek
Bertram Goodno Larsen Orenstein Sviggum
Bettermann Greenfield Leighton Orfield Swenson, D.
Bishop Greiling Leppik Osskopp Swenson, H.
Boudreau Haas Lieder Osthoff Sykora
Bradley Hackbarth Lindner Ostrom Tomassoni
Broecker Harder Long Otremba Tompkins
Brown Hasskamp Lourey Ozment Trimble
Carlson Hausman Luther Paulsen Tuma
Carruthers Holsten Lynch Pawlenty Tunheim
Clark Hugoson Macklin Pellow Van Dellen
Commers Huntley Mahon Pelowski Van Engen
Cooper Jaros Mares Perlt Vickerman
Daggett Jefferson Mariani Peterson Wagenius
Dauner Jennings Marko Pugh Warkentin
Davids Johnson, A. McCollum Rest Weaver
Dawkins Johnson, R. McElroy Rhodes Wejcman
Dehler Johnson, V. McGuire Rice Wenzel
Delmont Kahn Milbert Rostberg Winter
Dempsey Kalis Molnau Rukavina Wolf
Dorn Kelley Mulder Sarna Worke
Entenza Kelso Munger Schumacher Workman
Erhardt Kinkel Murphy Seagren Sp.Anderson,I
Farrell Knight Ness Simoneau
Finseth Knoblach Olson, E. Skoglund
A quorum was present.
S. F. No. 258 and H. F. No. 452, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kelley moved that the rules be so far suspended that S. F. No. 258 be substituted for H. F. No. 452 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1180 and H. F. No. 1280, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Milbert moved that the rules be so far suspended that S. F. No. 1180 be substituted for H. F. No. 1280 and that the House File be indefinitely postponed. The motion prevailed.
S. F. Nos. 258 and 1180 were read for the second time.
The following House Files were introduced:
Hasskamp, Otremba, Peterson, Rukavina and Bertram introduced:
H. F. No. 1888, A bill for an act proposing an amendment to the Minnesota Constitution, article I; providing that the right of citizens to bear arms for certain purposes is fundamental and shall not be abridged.
The bill was read for the first time and referred to the Committee on Judiciary.
Jefferson introduced:
H. F. No. 1889, A bill for an act relating to state government; making Juneteenth a holiday; amending Minnesota Statutes 1994, section 645.44, subdivision 5.
The bill was read for the first time and referred to the Committee on Governmental Operations.
The following House Advisory was introduced:
Wenzel introduced:
H. A. No. 13, A proposal to study authorizing Little Falls to impose a local tax.
The advisory was referred to the Committee on Taxes.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1000, A bill for an act relating to education; prekindergarten through grade 12; providing for general education revenue; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other programs; miscellaneous provisions; libraries; state agencies; technology; conforming
amendments; appropriating money; amending Minnesota Statutes 1994, sections 43A.316, subdivision 2; 62L.08, subdivision 7a; 116J.655; 120.062, subdivision 7; 120.064, subdivision 4; 120.101, subdivision 5c; 120.17, subdivisions 3a, 3b, and by adding a subdivision; 120.185; 120.74, subdivision 1; 120.75, subdivision 1; 121.11, subdivision 7c; 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 4, 6, and 7; 121.708; 121.709; 121.710; 121.885, subdivisions 1 and 4; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 121.935, subdivision 1; 122.21, subdivision 4; 122.23, subdivision 2; 122.242, subdivision 9; 122.895, subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 122.94, subdivision 1; 123.35, subdivision 19b; 123.351, subdivisions 1, 3, 4, and 5; 123.3514, subdivisions 4d, 7, 8, and by adding a subdivision; 123.70, subdivision 8; 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.14, by adding a subdivision; 124.17, subdivisions 1, 2f, and by adding a subdivision; 124.193; 124.195, subdivision 10, and by adding a subdivision; 124.2139; 124.214, subdivisions 2 and 3; 124.223, subdivision 7; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, and 8m; 124.226, subdivisions 1 and 3; 124.243, subdivisions 2 and 8; 124.244, subdivisions 1, 4, and by adding a subdivision; 124.2455; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 4, and 15; 124.2726, subdivision 1; 124.273, by adding subdivisions; 124.32, subdivisions 10 and 12; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivisions 1, 2, and by adding a subdivision; 124.573, subdivision 2e; 124.574, subdivision 9, and by adding subdivisions; 124.83, subdivision 4; 124.84, subdivision 3; 124.91, subdivision 5; 124.916, subdivision 2; 124.95, subdivisions 2, 4, and 6; 124.961; 124A.03, subdivisions 1g and 1h; 124A.0311, subdivision 4; 124A.22, subdivisions 2, 2a, 4, 4a, 4b, 8a, and 9; 124A.225, subdivisions 4 and 5; 124A.23, subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 126.031, subdivision 1; 126.15, subdivision 2; 126.49, by adding a subdivision; 126.70, subdivision 2a; 126A.01; 126A.02, subdivision 2; 126B.01; 126B.03, subdivisions 2 and 3; 127.30, subdivision 2; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, subdivision 1; 134.155; 134.34, subdivision 4a; 134.351, subdivision 4; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 237.065; 631.40, subdivision 1a; Laws 1992, chapter 499, article 11, section 9, as amended; Laws 1993, chapter 224, article 8, section 21, subdivision 1; Laws 1993, chapter 224, article 12, section 32, as amended; Laws 1993, chapter 224, article 12, sections 39, and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; Laws 1994, chapter 647, article 1, section 36; Laws 1994, chapter 647, article 3, section 25; Laws 1994, chapter 647, article 7, section 15; proposing coding for new law in Minnesota Statutes, chapters 123; 124; 124C; 125; 126; 126B; 127; 134; 136D; 169; 604A; repealing Minnesota Statutes 1994, sections 121.602, subdivision 5; 121.702, subdivision 9; 121.703; 123.58; 124.17, subdivision 1b; 124.243, subdivisions 2a and 9; 124.2714; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.91, subdivision 5; 124.912, subdivision 8; 124.914, subdivisions 2, 3, and 4; 124.962; 124A.04, subdivision 1; 124A.27, subdivision 11; 124A.29, subdivision 2; 124A.291; 124A.292; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 126.019; 126B.02; 126B.03; 126B.04; 126B.05; 128A.02, subdivisions 2 and 4; 128A.03; 268.9755; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, sections 16, 17, and 27.
The Senate has appointed as such committee:
Messrs. Pogemiller; Knutson; Mses. Robertson, Krentz and Mr. Langseth.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 927, A bill for an act relating to domestic abuse; eliminating hearing requirements in certain cases; providing for notices; amending Minnesota Statutes 1994, section 518B.01, subdivisions 4, 5, and 7.
Patrick E. Flahaven, Secretary of the Senate
Bishop moved that the House concur in the Senate amendments to H. F. No. 927 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 927, A bill for an act relating to domestic abuse; eliminating hearing requirements in certain cases; providing for notices; amending Minnesota Statutes 1994, sections 13.99, by adding a subdivision; and 518B.01, subdivisions 4, 5, 7, and by adding a subdivision.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Olson, M. Smith Anderson, B. Garcia Krinkie Onnen Solberg Bakk Girard Larsen Opatz Stanek Bertram Goodno Leighton Orenstein Sviggum Bettermann Greenfield Leppik Osskopp Swenson, D. Bishop Greiling Lieder Osthoff Swenson, H. Boudreau Haas Lindner Ostrom Sykora Bradley Hackbarth Long Otremba Tomassoni Broecker Harder Lourey Ozment Tompkins Brown Hasskamp Luther Paulsen Trimble Carlson Hausman Lynch Pawlenty Tuma Carruthers Holsten Macklin Pellow Tunheim Clark Huntley Mahon Pelowski Van Dellen Commers Jaros Mares Perlt Van Engen Cooper Jefferson Mariani Peterson Vickerman Daggett Johnson, A. Marko Pugh Wagenius Dauner Johnson, R. McCollum Rest Warkentin Davids Johnson, V. McElroy Rhodes Weaver Dawkins Kahn McGuire Rice Wejcman Dehler Kalis Milbert Rostberg Wenzel Delmont Kelley Molnau Rukavina Winter Dempsey Kelso Mulder Sarna Worke Dorn Kinkel Munger Schumacher Sp.Anderson,I Entenza Knight Murphy Seagren Erhardt Knoblach Ness Simoneau Farrell Koppendrayer Olson, E. SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1048, A bill for an act relating to commerce; regulating videotape distributions, sales, and rentals; requiring certain captioning for deaf or hearing-impaired persons; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325I.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House concur in the Senate amendments to H. F. No. 1048 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1048, A bill for an act relating to commerce; regulating videotape distributions; requiring certain captioning for deaf or hard of hearing persons; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325I.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Opatz Stanek Anderson, B. Garcia Krinkie Orenstein Sviggum Bakk Girard Larsen Orfield Swenson, D. Bertram Goodno Leighton Osskopp Swenson, H. Bettermann Greenfield Leppik Osthoff Sykora Bishop Greiling Lieder Ostrom Tomassoni Boudreau Haas Lindner Otremba Tompkins Bradley Hackbarth Long Ozment Trimble Broecker Harder Lourey Paulsen Tuma Brown Hasskamp Luther Pawlenty Tunheim Carlson Hausman Lynch Pellow Van Dellen Carruthers Holsten Macklin Pelowski Van Engen Clark Huntley Mahon Perlt Vickerman Commers Jaros Mares Peterson Wagenius Cooper Jefferson Mariani Pugh Warkentin Daggett Jennings Marko Rest Weaver Dauner Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McGuire Rice Wenzel Dawkins Johnson, V. Milbert Rostberg Winter Dehler Kahn Molnau Rukavina Wolf Delmont Kalis Mulder Sarna Worke Dempsey Kelley Munger Schumacher Sp.Anderson,I Dorn Kelso Murphy Seagren Entenza Kinkel Ness Simoneau Erhardt Knight Olson, E. Skoglund Farrell Knoblach Olson, M. Smith Finseth Koppendrayer Onnen SolbergThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1052, A bill for an act relating to the federal lien registration act; imposing duties on filing officers; providing for filing of notices and of certificates of discharge; designating an official index; providing for the transmission of certain information; amending Minnesota Statutes 1994, sections 272.481; 272.482; 272.483; and 272.488, subdivisions 1, 2, 3, 4, and by adding subdivisions.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House concur in the Senate amendments to H. F. No. 1052 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1052, A bill for an act relating to the federal lien registration act; imposing duties on filing officers; providing for filing of notices and of certificates of discharge; designating an official index; providing for the transmission of certain information; amending Minnesota Statutes 1994, sections 272.481; 272.482; 272.483; and 272.488, subdivisions 1, 2, 3, 4, and by adding subdivisions.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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 Huntley Mahon Pelowski Van Engen Commers Jaros Mares Perlt Vickerman Cooper Jefferson Mariani Peterson Wagenius Daggett Jennings Marko Pugh Warkentin Dauner Johnson, A. McCollum Rest Weaver Davids Johnson, R. McElroy Rhodes Wejcman Dawkins Johnson, V. McGuire Rice Wenzel Dehler Kahn Milbert Rostberg Winter Delmont Kalis Molnau Rukavina WolfThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3524
Dempsey Kelley Mulder Sarna Worke Dorn Kelso Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith
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. 1402, A bill for an act relating to motor vehicles; authorizing issuance of original license plates 20 or more years old to a registered passenger automobile; authorizing registrar to charge a fee; amending Minnesota Statutes 1994, section 168.12, by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Seagren moved that the House concur in the Senate amendments to H. F. No. 1402 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1402, A bill for an act relating to motor vehicles; authorizing issuance of original license plates 20 or more years old to a registered passenger automobile; authorizing registrar to charge a fee; amending Minnesota Statutes 1994, sections 168.12, by adding a subdivision; and 169.79.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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 TumaThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3525
Carlson Hausman Lynch Pawlenty Tunheim Carruthers Holsten Macklin Pellow Van Dellen Clark Huntley Mahon Pelowski Van Engen Commers Jaros Mares Perlt Vickerman Cooper Jefferson Mariani Peterson Wagenius Daggett Jennings Marko Pugh Warkentin Dauner Johnson, A. McCollum Rest Weaver Davids Johnson, R. McElroy Rhodes Wejcman Dawkins Johnson, V. McGuire Rice Wenzel Dehler Kahn Milbert Rostberg Winter Delmont Kalis Molnau Rukavina Wolf Dempsey Kelley Mulder Sarna Worke Dorn Kelso Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith
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. 1003, A bill for an act relating to health; modifying provisions relating to X-ray operators and inspections; establishing an advisory committee; amending Minnesota Statutes 1994, section 144.121, by adding subdivisions.
Patrick E. Flahaven, Secretary of the Senate
Huntley moved that the House concur in the Senate amendments to H. F. No. 1003 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1003, A bill for an act relating to health; modifying provisions relating to X-ray operators and inspections; establishing an advisory committee; amending Minnesota Statutes 1994, section 144.121, by adding subdivisions.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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 Huntley Mahon Pelowski Van Engen Commers Jaros Mares Perlt Vickerman Cooper Jefferson Mariani Peterson Wagenius Daggett Jennings Marko Pugh Warkentin Dauner Johnson, A. McCollum Rest Weaver Davids Johnson, R. McElroy Rhodes Wejcman Dawkins Johnson, V. McGuire Rice Wenzel Dehler Kahn Milbert Rostberg Winter Delmont Kalis Molnau Rukavina Wolf Dempsey Kelley Mulder Sarna Worke Dorn Kelso Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. SmithThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1018, A bill for an act relating to the environment; conforming state regulation of chlorofluorocarbons to federal law; amending Minnesota Statutes 1994, sections 116.731, subdivisions 2, 4, and 4a; and 116.735.
Patrick E. Flahaven, Secretary of the Senate
Trimble moved that the House concur in the Senate amendments to H. F. No. 1018 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1018, A bill for an act relating to the environment; conforming state regulation of chlorofluorocarbons to federal law; amending Minnesota Statutes 1994, sections 116.731, subdivisions 2, 4, and 4a; and 116.735.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, E. Skoglund Anderson, B. Frerichs Kraus Olson, M. Smith Bakk Garcia Krinkie Onnen Solberg Bertram Girard Larsen Opatz Stanek Bettermann Goodno Leighton Orenstein Sviggum Bishop Greenfield Leppik Orfield Swenson, D. Boudreau Greiling Lieder Osskopp Swenson, H. Bradley Haas Lindner Osthoff Sykora Broecker Hackbarth Long Ostrom Tomassoni Brown Harder Lourey Otremba Tompkins Carlson Hasskamp Luther Ozment Trimble Carruthers Hausman Lynch Paulsen Tuma Clark Holsten Macklin Pawlenty Tunheim Commers Huntley Mahon Pellow Van Dellen Cooper Jaros Mares Pelowski Van Engen Daggett Jefferson Mariani Perlt Vickerman Dauner Jennings Marko Peterson Wagenius Davids Johnson, A. McCollum Pugh Warkentin Dawkins Johnson, R. McElroy Rest Weaver Dehler Johnson, V. McGuire Rhodes Wejcman Delmont Kahn Milbert Rice Wenzel Dempsey Kalis Molnau Rostberg Winter Dorn Kelley Mulder Rukavina Wolf Entenza Kinkel Munger Sarna Worke Erhardt Knight Murphy Schumacher Sp.Anderson,I Farrell Knoblach Ness SeagrenThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 603, A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 270.47; 270.48; 270.485; 270.494; 270.50; 270.52; 270.53; 270.69, subdivision 10; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivision 11; 272.121, subdivision 2; 273.11, subdivision 16; 273.1398, by adding a subdivision; 273.17, subdivision 2; 275.065, subdivision 6; 276.04, subdivision 2; 284.28, subdivision 2; 289A.18, subdivision 4; 289A.50, subdivision 1; 290.032, subdivisions 1 and 2; 290A.04, subdivisions 2h and 6; 295.50, subdivisions 1 and 4; 295.53, subdivisions 1 and 5; 295.55, by adding a subdivision;
295.57; 296.01, subdivision 34; 296.025, subdivision 1; 296.12, subdivisions 3 and 4; 297A.01, subdivision 3; 297E.02, subdivisions 1, 6, and 11; 297E.031, subdivision 1; 297E.13, subdivision 5; 298.75, subdivision 2; 325D.33, subdivision 4; 349.163, subdivision 5; 428A.01, subdivision 5; 428A.03, by adding a subdivision; 428A.05; 473.446, subdivision 1; and 473.711, subdivision 2; Laws 1994, chapter 587, article 1, section 27; repealing Minnesota Statutes 1994, sections 60A.15, subdivision 7; 270.49; 270.493; and 290A.04, subdivision 2i; Laws 1988, chapter 698, section 5; and Laws 1989, First Special Session chapter 1, article 7, section 9.
Patrick E. Flahaven, Secretary of the Senate
Milbert moved that the House refuse to concur in the Senate amendments to H. F. No. 603, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1105, A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Leighton moved that the House refuse to concur in the Senate amendments to H. F. No. 1105, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1127, 1451, 399, 537, 882, 1290, 538 and 115.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1127, A bill for an act relating to state lands; authorizing public sale of certain state land that borders public water in Hennepin county; appropriating money.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
S. F. No. 1451, A bill for an act relating to the city of Minneapolis; authorizing the city to establish special service districts within the city; amending Laws 1985, chapter 302, section 2, subdivision 1, as amended.
The bill was read for the first time and referred to the Committee on Taxes.
S. F. No. 399, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 537, A bill for an act relating to drivers' licenses; requiring the refund of license fees to applicants who do not receive licenses, duplicate licenses, permits, or Minnesota identification cards within six weeks; requesting legislative audit commission evaluation of driver's license and identification card program; amending Minnesota Statutes 1994, sections 171.06, by adding a subdivision; and 171.07, subdivisions 1 and 3.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 882, A bill for an act relating to crime; expanding the scope of the patterned sex offender sentencing law; requiring training for judges, prosecutors, peace officers, and sex offender assessors on sentencing laws applicable to repeat and patterned sex offenders; expanding the interference with privacy crime to include persons who intrude on the privacy of occupants of hotel sleeping rooms and tanning booths; increasing penalties for committing the crime of indecent exposure in the presence of a child under the age of 16; clarifying where service of a search warrant may be made; expanding the authority of agents of a political subdivision to carry firearms when on duty; tolling the statute of limitations while physical evidence relating to a crime is undergoing DNA analysis; amending Minnesota Statutes 1994, sections 480.30; 609.1352, subdivisions 3, 5, and by adding a subdivision; 609.341, subdivision 11; 609.485, subdivisions 2 and 4; 609.746, subdivision 1; 617.23; 626.13; 626.84, subdivision 2; and 628.26; proposing coding for new law in Minnesota Statutes, chapter 388.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
S. F. No. 1290, A bill for an act relating to the legislature; abolishing the legislative commission on children, youth, and their families, the legislative water commission, the legislative commission on the economic status of women, the legislative commission on child protection, the legislative commission on health care access, the legislative commission on long-term health care, the legislative commission on waste management, and the legislative tax study commission; transferring functions of the legislative commission on Minnesota resources to the office of strategic and long-range planning; amending Minnesota Statutes 1994, sections 4.071, subdivision 2; 62J.04, subdivision 1a; 62Q.33, subdivision 5; 84.0274, subdivision 7; 85.019, subdivision 2; 86.72, subdivisions 2 and 3; 89.022, subdivision 2; 103A.43; 103B.321, subdivision 1; 115A.07, subdivision 3; 115A.15, subdivision 5; 115A.158, subdivision 2; 115A.165; 115A.193; 115A.22, subdivision 5; 115A.5501, subdivisions 2 and 4; 115A.551, subdivisions 4 and 5; 115A.557, subdivision 4; 115A.9157, subdivision 6; 115A.96, subdivision 2; 115A.961, subdivision 2; 115A.9651, subdivision 2; 115A.97, subdivisions 5 and 6; 115B.20, subdivisions 2, 5, and 6; 116C.712, subdivision 5; 116J.555, subdivision 2; 116P.02; 116P.03; 116P.05, subdivision 2, and by adding a subdivision; 116P.06; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.10; 116P.11; 116P.12; 116Q.02; 256.9352, subdivision 3; 256B.431, subdivision 2i; 290.431; 290.432; and 473.846; repealing Minnesota Statutes 1994, sections 3.861; 3.873; 3.885; 3.887; 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.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.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 538, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 115, A bill for an act relating to elections; changing the name of the state partisan primary to the state party nominating election; requiring candidates to demonstrate party support before being listed on the party's primary ballot; moving the state party nominating election and primary from September to June; amending Minnesota Statutes 1994, sections 10A.31, subdivision 6; 10A.322, subdivision 1; 10A.323; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11, subdivision 2; 204B.12, subdivision 1; 204B.33; 204D.03, subdivision 1; and 204D.08, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 204B.
The bill was read for the first time.
Lieder moved that S. F. No. 115 and H. F. No. 142, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 1700.
H. F. No. 1700 was reported to the House.
Murphy moved to amend H. F. No. 1700, the second engrossment, as follows:
Page 14, delete lines 42 to 64
Page 15, delete lines 1 to 19 and insert:
"Of this appropriation, $75,000 in the first year is to be transferred by the commissioner of corrections to the legislative auditor for a weighted workload study to be used as a basis for fund distributions across all three probation delivery systems, based on uniform workload standards and level of risk of individual offenders, and to make ongoing outcome data available on cases.
The study must recommend to the legislature by January 10, 1996, a statewide, uniform workload system and definitions of levels of risk; a standardized data collection system using the uniform definitions of workload and risk and a timeline for reporting data; and a new mechanism or formula for aid distribution based on the data, that could be operational by July 1, 1997."
The motion prevailed and the amendment was adopted.
Murphy moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 2, line 32, delete "2,987,000" and insert "2,978,000"
The motion prevailed and the amendment was adopted.
Otremba and Schumacher moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Pages 74 and 75, delete section 44
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 29, delete "260.315;"
The motion prevailed and the amendment was adopted.
Entenza, McGuire, Skoglund, Pugh, Weaver and Swenson, D., moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 165, after line 19, insert:
"Sec. 12. Minnesota Statutes 1994, section 611A.53, subdivision 2, is amended to read:
Subd. 2. No reparations shall be awarded to a claimant otherwise eligible if:
(a) the crime was not reported to the police within 30 days of its occurrence or, if it could not reasonably have been reported within that period, within 30 days of the time when a report could reasonably have been made. A victim of criminal sexual conduct in the first, second, third, or fourth degree who does not report the crime within 30 days of its occurrence is deemed to have been unable to have reported it within that period;
(b) the victim or claimant failed or refused to cooperate fully with the police and other law enforcement officials;
(c) the victim or claimant was the offender or an accomplice of the offender or an award to the claimant would unjustly benefit the offender or an accomplice;
(d) the victim or claimant was in the act of committing a crime at the time the injury occurred;
(e) no claim was filed with the board within two years of victim's injury or death; except that (1) if the claimant was unable to file a claim within that period, then the claim can be made within two years of the time when a claim could have been filed; and (2) if the victim's injury or death was not reasonably discoverable within two years of the injury or death, then the claim can be made within two years of the time when the injury or death is reasonably discoverable. The following circumstances do not render a claimant unable to file a claim for the purposes of this clause: (1) lack of knowledge of the existence of the Minnesota crime victims reparations act, (2) the failure of a law enforcement agency to provide information or assistance to a potential claimant under section 611A.66, (3) the incompetency of the claimant if the claimant's affairs were being managed during that period by a guardian, guardian ad litem, conservator, authorized agent, or parent, or (4) the fact that the claimant is not of the age of majority; or
(f) the claim is less than $50.
The limitations contained in clauses (a) and (e) do not apply
to victims of domestic child abuse as defined in section 260.015,
subdivision 24. In those cases the two-year limitation period
commences running with the report of the crime to the police;
provided that no claim as a result of loss due to domestic child
abuse may be paid when the claimant is 21 years of age or older
at the time the claim is filed."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Abrams moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 140, delete section 3
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.
Pursuant to rule 2.05, Weaver and Swenson, D., requested that they be excused from voting on the Abrams amendment to H. F. No. 1700, the second engrossment, as amended. The request was granted.
There were 39 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Abrams Dempsey Kalis McElroy Seagren Anderson, B. Erhardt Kelso Molnau Stanek Bakk Frerichs Knight Mulder Sviggum Boudreau Girard Knoblach Olson, M. Van Dellen Cooper Harder Koppendrayer Onnen Van EngenThose who voted in the negative were:
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3531
Dauner Hugoson Krinkie Osskopp Wolf Davids Jaros Lindner Ostrom Workman Dehler Johnson, V. Lynch Rukavina
Bertram Greenfield Lieder Ozment Sykora Bettermann Greiling Lourey Paulsen Tomassoni Bishop Haas Luther Pawlenty Tompkins Bradley Hackbarth Macklin Pellow Trimble Broecker Hasskamp Mahon Pelowski Tuma Brown Hausman Mares Perlt Tunheim Carlson Holsten Mariani Peterson Vickerman Carruthers Huntley Marko Pugh Wagenius Clark Jefferson McCollum Rest Warkentin Commers Jennings McGuire Rhodes Wejcman Daggett Johnson, A. Milbert Rice Wenzel Dawkins Johnson, R. Ness Rostberg Winter Dorn Kelley Olson, E. Sarna Worke Entenza Kinkel Opatz Schumacher Sp.Anderson,I Farrell Kraus Orenstein Skoglund Finseth Larsen Orfield Smith Garcia Leighton Osthoff Solberg Goodno Leppik Otremba Swenson, H.The motion did not prevail and the amendment was not adopted.
Swenson, D.; Farrell; Skoglund and Weaver moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 39, line 31, after the period, insert "The superintendent of the bureau of criminal apprehension is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of a criminal history check."
Page 39, line 32, after "superintendent" insert "of the bureau of criminal apprehension"
Page 48, line 33, after the period, insert "The superintendent of the bureau of criminal apprehension is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of a criminal history check."
The motion prevailed and the amendment was adopted.
Skoglund, Farrell, Ostrom, Murphy, Bishop, Entenza and Lourey moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 32, after line 30, insert:
"Sec. 15. Minnesota Statutes 1994, section 609.485, subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Whoever does any of the following may be sentenced as provided in subdivision 4:
(1) escapes while held in lawful custody on a charge or conviction of a crime, or while held in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age;
(2) transfers to another, who is in lawful custody on a charge or conviction of a crime, or introduces into an institution in which the latter is confined, anything usable in making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or conviction
of a crime, intentionally permits the other to escape;
or
(4) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a. Notwithstanding section 609.17, no person may be charged with or convicted of an attempt to commit a violation of this clause; or
(5) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order under section 253B.185 or 526.10.
For purposes of clause (1), "escapes while held in lawful custody" includes absconding from electronic monitoring or absconding after removing an electronic monitoring device from the person's body.
Sec. 16. Minnesota Statutes 1994, section 609.485, subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in subdivision 3a, whoever violates this section may be sentenced as follows:
(1) if the person who escapes is in lawful custody on a charge or conviction of a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;
(2) if the person who escapes is in lawful custody after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a, or pursuant to a court commitment order under section 253B.185 or 526.10, to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both; or
(3) if such charge or conviction is for a gross misdemeanor or misdemeanor, or if the person who escapes is in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was effected by violence or threat of violence against a person, the sentence may be increased to not more than twice those permitted in paragraph (a), clauses (1) and (3).
(c) Unless a concurrent term is specified by the court, a sentence under this section shall be consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when the person escaped.
(d) Notwithstanding paragraph (c), if a person who was committed to the commissioner of corrections under section 260.185 escapes from the custody of the commissioner while 18 years of age, the person's sentence under this section shall commence on the person's 19th birthday or on the person's date of discharge by the commissioner of corrections, whichever occurs first. However, if the person described in this clause is convicted under this section after becoming 19 years old and after having been discharged by the commissioner, the person's sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age escapes from a local juvenile correctional facility, the person's sentence under this section begins on the person's 19th birthday or on the person's date of discharge from the jurisdiction of the juvenile court, whichever occurs first. However, if the person described in this paragraph is convicted after becoming 19 years old and after discharge from the jurisdiction of the juvenile court, the person's sentence begins upon imposition by the sentencing court."
Page 38, line 32, after the period, insert "Sections 15 and 16 are effective the day following final enactment and apply to crimes committed on or after that date."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Skoglund moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 126, delete lines 27 to 36, and insert:
"(b) Section 3 is effective August 1, 1995, and applies to persons who are released from prison on or after that date, or who are under supervision as of that date, or who enter this state on or after that date."
The motion prevailed and the amendment was adopted.
Sviggum moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 32, after line 13, insert:
"Sec. 14. [609.2241] [HIV TRANSMISSION.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "HIV" means the human immunodeficiency virus.
(b) "Counseling" means that the defendant: (1) was advised by a physician or other health professional of the HIV infection diagnosis; (2) received educational information from a licensed health professional or employee of a state-funded counseling and testing site about behavior that might transmit HIV; and (3) had been advised on how to prevent HIV transmission by a licensed health professional or an employee of a state-funded counseling and testing site.
(c) "Transfer" means, for a person knowingly infected with HIV, to engage in a behavior that has been demonstrated epidemiologically to transmit HIV, including sexually transmitted behaviors such as direct genital-to-genital contact, and blood-borne behaviors such as the sharing of nonsterile syringes for the purposes of injecting drugs.
Subd. 2. [CRIME.] Any person who engages in behavior that has been demonstrated epidemiologically to transfer HIV, knowing or having reason to know that the behavior might result in transfer of HIV, is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 3. [AFFIRMATIVE DEFENSES.] If proven by a preponderance of the evidence, it is an affirmative defense to a prosecution under subdivision 2 that:
(1) the transfer involved a consensual sexual act between persons, wherein the person exposed knew that the defendant was infected with HIV, knew that the action could result in an infection with HIV, and consented to the action with that knowledge;
(2) the transfer involved a consensual sexual act accompanied by the use of a latex barrier (condom) or a sterile syringe;
(3) the defendant had received faulty medical advice that the person was not infected with HIV or had not been adequately counseled about the type of behavior that might result in HIV transmission;
(4) the defendant knowingly donated or attempted to donate blood, sperm, organ, or tissue, except as deemed necessary for medical research, or disclosed HIV status on donor screening forms;
(5) the defendant is a licensed health care provider who followed all accepted infection control procedures as established by the department of health and the federal Occupational Safety and Health Administration.
Subd. 4. [PROSECUTION.] The department of health must assist the prosecutor in determining if: (1) the defendant had been properly counseled about transmission risk; and (2) the defendant's behavior did meet the epidemiological standards of possible HIV transfer."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Skoglund moved to amend the Sviggum amendment to H. F. No. 1700, the second engrossment, as amended, as follows:
Page 1, delete everything after line 3, and insert:
"Sec. 14. [609.2241] [KNOWING TRANSFER OF A COMMUNICABLE DISEASE.]
Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given:
(a) "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death, the infectious agent of which may pass or be carried, directly or indirectly, from the body of one person to the body of another.
(b) "A person who knowingly harbors an infectious agent" means a person who: (1) has been advised by a physician or other health professional that the person harbors an infectious agent; (2) has received educational information about behavior which might transmit the infectious agent; and (3) has been advised of practical means of preventing such transmission.
(c) "Transfer" means to engage in behavior that has been demonstrated to be an epidemiologically significant mode of direct transmission of an infectious agent as defined in section 144.4172, subdivision 5.
Subd. 2. [AFFIRMATIVE DEFENSES.] If a person who knowingly harbors an infectious agent for a communicable disease is subject to prosecution for attempt to commit a violation of sections 609.185, 609.19, 609.195, 609.221, 609.222, 609.223, 609.2231, or 609.224, based on allegations that the person transferred the infectious agent for the communicable disease, it is an affirmative defense to that prosecution, if it is proven by a preponderance of the evidence, that:
(a) the transfer involved a consensual sexual act between persons, wherein the person exposed knew that the infected person had a communicable disease, and consented to the action with that knowledge;
(b) the transfer involved the use of a latex barrier or other effective barrier during a sexual act;
(c) the transfer involved use of a sterile syringe by a medical professional or other user;
(d) the person infected with the communicable disease disclosed his or her infection status on donor screening forms to donate blood, sperm, organs or tissue;
(e) the person infected with the communicable disease took medically acceptable precautions to prevent transmission;
(f) the person infected with the communicable disease is a licensed health care provider who was following professional accepted infection control procedures; or
(g) the behavior did not involve an action that has been demonstrated to be an epidemiologically significant mode of direct transmission as defined in section 144.4172, subdivision 5.
Subd. 3. [HEALTH THREAT PROCEDURES APPLY.] A person who knowingly harbors an infectious agent for a communicable disease is subject to the health threat procedures under sections 144.4171 to 144.4186."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The Speaker called Trimble to the Chair.
Weaver raised a point of order pursuant to rule 3.09 that the Skoglund amendment to the Sviggum amendment was not in order. Speaker pro tempore Trimble ruled the point of order not well taken and the amendment in order.
The question recurred on the amendment to the amendment and the roll was called. There were 53 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Bakk Hausman Long Orenstein Skoglund Carlson Huntley Lourey Orfield Solberg Carruthers Jefferson Mahon Ostrom Tomassoni Clark Johnson, A. Mariani Perlt Trimble Dawkins Johnson, R. Marko Peterson Tunheim Dorn Kahn McCollum Pugh Wagenius Entenza Kelley McGuire Rest Wejcman Farrell Kelso Milbert Rice Winter Garcia Kinkel Munger Rukavina Sp.Anderson,I Greenfield Leighton Olson, E. Sarna Greiling Lieder Opatz SimoneauThose who voted in the negative were:
Abrams Erhardt Koppendrayer Onnen Swenson, H. Anderson, B. Finseth Kraus Osskopp Sykora Bertram Frerichs Krinkie Otremba Tompkins Bettermann Girard Larsen Ozment Tuma Bishop Goodno Leppik Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Luther Pellow Vickerman Broecker Harder Lynch Pelowski Warkentin Brown Hasskamp Macklin Rhodes Weaver Commers Holsten Mares Rostberg Wenzel Cooper Hugoson McElroy Schumacher Wolf Daggett Jennings Molnau Seagren Worke Dauner Johnson, V. Mulder Smith Workman Davids Kalis Murphy Stanek Dehler Knight Ness Sviggum Dempsey Knoblach Olson, M. Swenson, D.The motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Sviggum amendment and the roll was called. There were 106 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Larsen Osskopp Swenson, D. Anderson, B. Frerichs Leighton Ostrom Swenson, H. Bakk Girard Leppik Otremba Sykora Bertram Goodno Lieder Ozment Tomassoni Bettermann Haas Lindner Paulsen Tompkins Bishop Hackbarth Luther Pawlenty Tuma Boudreau Harder Lynch Pellow Tunheim Bradley Hasskamp Macklin Pelowski Van Dellen Broecker Holsten Mahon Perlt Van Engen Brown Hugoson Mares Peterson Vickerman Carlson Huntley Marko Pugh Warkentin Carruthers Jennings McCollum Rest Weaver Commers Johnson, R. McElroy Rhodes Wenzel Cooper Johnson, V. Milbert Rostberg Winter Daggett Kalis Molnau Rukavina Wolf Dauner Kelso Mulder Sarna Worke Davids Kinkel Murphy Schumacher Workman Dehler Knight Ness Seagren Sp.Anderson,I Delmont Knoblach Olson, E. Smith Dempsey Koppendrayer Olson, M. Solberg Dorn Kraus Onnen Stanek Erhardt Krinkie Opatz SviggumThose who voted in the negative were:
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3536
Clark Greenfield Kahn McGuire Simoneau Dawkins Greiling Kelley Orenstein Skoglund Entenza Hausman Long Orfield Trimble Farrell Jaros Lourey Osthoff Wagenius Garcia Jefferson Mariani Rice WejcmanThe motion prevailed and the amendment was adopted.
Osthoff was excused between the hours of 1:30 p.m. and 2:15 p.m.
Osskopp moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 32, after line 30, insert:
"Sec. 15. Minnesota Statutes 1994, section 609.685, subdivision 3, is amended to read:
Subd. 3. [PETTY MISDEMEANOR OTHER OFFENSES;
FINE.] Whoever possesses, smokes, chews, or otherwise
ingests, purchases, or attempts Except for spiritual or
ceremonial purposes under the supervision of an adult it is
unlawful for any person under the age of 18 to possess, smoke,
chew, or otherwise ingest, purchase, or attempt to purchase
tobacco or tobacco related devices and is under the age of 18
years is guilty of a petty misdemeanor. A person who
violates this subdivision may be sentenced to pay a fine of not
less than $100 or more than $500 for repeat offenders. This
subdivision does not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco or tobacco related
devices while under the direct supervision of a responsible adult
for training, education, research, or enforcement purposes."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Kahn moved to amend the Osskopp amendment to H. F. No. 1700, the second engrossment, as amended, as follows:
Page 1, after line 3, insert:
"Sec. 15. Minnesota Statutes 1994, section 609.685, subdivision 1a, is amended to read:
Subd. 1a. [GROSS MISDEMEANOR FELONY.] (a)
Whoever sells tobacco to a person under the age of 18 years is
guilty of a gross misdemeanor felony.
(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6."
Page 1, line 4, delete "15" and insert "16"
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 9 yeas and 117 nays as follows:
Those who voted in the affirmative were:
Clark Greenfield McGuire Ostrom Wejcman Cooper Kahn Munger SkoglundThose who voted in the negative were:
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3537
Abrams Frerichs Krinkie Orenstein Sviggum Anderson, B. Garcia Larsen Orfield Swenson, D. Bakk Girard Leighton Osskopp Swenson, H. Bertram Goodno Leppik Otremba Sykora Bettermann Greiling Lieder Ozment Tomassoni Bishop Haas Lindner Paulsen Tompkins Boudreau Hackbarth Lourey Pawlenty Trimble Bradley Harder Luther Pellow Tuma Broecker Hausman Lynch Pelowski Tunheim Brown Holsten Macklin Perlt Van Dellen Carlson Hugoson Mahon Peterson Van Engen Carruthers Huntley Mares Pugh Vickerman Commers Jefferson Mariani Rest Wagenius Daggett Jennings Marko Rhodes Warkentin Dauner Johnson, A. McCollum Rice Weaver Davids Johnson, R. McElroy Rostberg Wenzel Dawkins Johnson, V. Milbert Rukavina Winter Dehler Kalis Molnau Sarna Wolf Delmont Kelley Mulder Schumacher Worke Dempsey Kinkel Ness Seagren Workman Dorn Knight Olson, E. Simoneau Sp.Anderson,I Entenza Knoblach Olson, M. Smith Erhardt Koppendrayer Onnen Solberg Finseth Kraus Opatz StanekThe motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Osskopp 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 Swenson, D. Anderson, B. Frerichs Krinkie Orenstein Swenson, H. Bettermann Goodno Larsen Osskopp Sykora Bishop Haas Leppik Osthoff Tuma Boudreau Hackbarth Lindner Paulsen Van Dellen Bradley Hasskamp Long Pawlenty Van Engen Broecker Holsten Lynch Pellow Vickerman Carruthers Hugoson McElroy Pugh Warkentin Commers Kahn McGuire Rhodes Weaver Daggett Kinkel Molnau Rostberg Wolf Davids Knight Mulder Seagren Dempsey Knoblach Ness Stanek Erhardt Koppendrayer Olson, M. SviggumThose who voted in the negative were:
Bakk Greenfield Lieder Orfield Smith Bertram Greiling Lourey Ostrom Solberg Brown Harder Luther Otremba Tomassoni Carlson Hausman Macklin Ozment Trimble Clark Huntley Mahon Pelowski Tunheim Cooper Jaros Mares Perlt Wagenius Dauner Jefferson Mariani Peterson Wejcman Dawkins Jennings Marko Rest Wenzel Dehler Johnson, A. McCollum Rice Winter Delmont Johnson, R. Milbert Rukavina Worke Dorn Johnson, V. Munger Sarna Workman Entenza Kalis Murphy Schumacher Sp.Anderson,I Farrell Kelley Olson, E. Simoneau Garcia Leighton Opatz SkoglundThe motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Stanek moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 38, after line 22, insert:
"Sec. 22. [TASK FORCE ON CAPITOL AREA SECURITY.]
Subdivision 1. [CREATION; MEMBERSHIP.] A task force on capitol area security is created consisting of representatives or designees of the following:
(1) the commissioner of public safety;
(2) the commissioner of administration;
(3) the adjutant general of the department of military affairs;
(4) the superintendent of the bureau of criminal apprehension;
(5) the director of capitol security;
(6) the director of the division of emergency management;
(7) the chief justice of the supreme court;
(8) the attorney general;
(9) the Ramsey county sheriff;
(10) the St. Paul police chief;
(11) one member of the majority caucus and one member of the minority caucus of the senate;
(12) the secretary of the senate;
(13) the sergeant at arms of the senate;
(14) one member of the majority caucus and one member of the minority caucus of the house of representatives;
(15) the chief clerk of the house of representatives; and
(16) the sergeant at arms of the house of representatives.
The chair of the task force shall be the commissioner of public safety.
Subd. 2. [PURPOSE; REPORT.] The task force shall review the current level of security for state government buildings and property in the capitol area and determine whether the level of security is sufficient to reasonably protect employees and customers of state government agencies and services from potential dangers to life and property. The task force shall consult with representatives of the Federal Bureau of Investigation, the Secret Service, and the Bureau of Alcohol, Tobacco, and Firearms prior to making its recommendations. At the discretion of the chair, proceedings of the task force may be closed to all but the members of the task force and invited guests. The department of public safety shall provide staffing for the task force.
By February 1, 1996, the task force shall report to the governor, the senate majority leader, the senate minority leader, the speaker of the house, the minority leader of the house, the attorney general, and the chief justice of the supreme court. The task force report is not public data."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Bradley, Bishop, Pugh, Skoglund and Swenson, D., moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 66, after line 9, insert:
"Sec. 34. [260.1735] [EXTENSION OF DETENTION PERIOD.]
Before July 1, 1997, and pursuant to a request from an eight-day temporary holdover facility, as defined in section 241.0221, the commissioner of corrections, or the commissioner's designee, may grant a one-time extension per child to the eight-day limit on detention under this chapter. This extension may allow such a facility to detain a child for
up to 30 days including weekends and holidays. Upon the expiration of the extension, the child may not be transferred to another eight-day temporary holdover facility. The commissioner shall develop criteria for granting extensions under this section. These criteria must ensure that the child be transferred to a long-term juvenile detention facility as soon as such a transfer is possible. Nothing in this section changes the requirements in section 260.172 regarding the necessity of detention hearings to determine whether continued detention of the child is proper."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Pugh and Leppik moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 141, line 30, before the comma, insert "in a particular case"
Page 146, line 6, before the comma, insert "in a particular case"
The motion prevailed and the amendment was adopted.
Tuma; Greiling; Entenza; Olson, M.; McElroy and Perlt moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 110, line 29, delete "giving" and insert "making a good faith effort to give"
Page 111, line 2, delete "month" and insert "notice period"
Page 111, line 6, delete "and"
Page 111, line 9, delete the period and insert a semicolon
Page 111, after line 9, insert:
"(5) the tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit;
(7) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or
(8) the tenant has vacated the unit."
The motion prevailed and the amendment was adopted.
Hasskamp, Sykora, Bertram, Van Engen, Schumacher, Otremba and Davids moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 156, lines 33 and 34, delete the new language
A roll call was requested and properly seconded.
The question was taken on the Hasskamp et al amendment and the roll was called. There were 92 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Abrams Girard Larsen Otremba Sykora Anderson, B. Goodno Leppik Ozment Tomassoni Bakk Haas Lieder Paulsen Tompkins Bertram Hackbarth Lindner Pawlenty Tuma Bettermann Harder Luther Pellow Tunheim Boudreau Hasskamp Lynch Pelowski Van Dellen Bradley Holsten Macklin Peterson Van Engen Broecker Hugoson Mares Rest Vickerman Carlson Jennings McElroy Rostberg Warkentin Commers Johnson, R. Milbert Rukavina Weaver Cooper Johnson, V. Molnau Sarna Wenzel Daggett Kalis Mulder Schumacher Winter Dauner Kelso Murphy Seagren Wolf Davids Kinkel Ness Smith Worke Dehler Knight Olson, M. Solberg Workman Dempsey Knoblach Onnen Stanek Sp.Anderson,I Erhardt Koppendrayer Opatz Sviggum Finseth Kraus Osskopp Swenson, D. Frerichs Krinkie Osthoff Swenson, H.Those who voted in the negative were:
Bishop Garcia Kelley Munger Simoneau Brown Greenfield Leighton Olson, E. Skoglund Carruthers Greiling Long Orenstein Trimble Clark Hausman Lourey Orfield Wagenius Dawkins Huntley Mahon Ostrom Wejcman Delmont Jaros Mariani Perlt Dorn Jefferson Marko Pugh Entenza Johnson, A. McCollum Rhodes Farrell Kahn McGuire RiceThe 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 Frerichs Kraus Onnen Stanek Anderson, B. Garcia Krinkie Opatz Sviggum Bakk Girard Larsen Orenstein Swenson, D. Bertram Goodno Leighton Orfield Swenson, H. Bettermann Greenfield Leppik Osskopp Sykora Bishop Greiling Lieder Ostrom Tomassoni Boudreau Haas Lindner Otremba Tompkins Bradley Hackbarth Long Ozment Trimble Broecker Harder Lourey Paulsen Tuma Brown Hasskamp Luther Pawlenty Tunheim Carlson Hausman Lynch Pellow Van Dellen Carruthers Holsten Macklin Pelowski Van Engen Clark Hugoson Mahon Perlt Vickerman Commers Huntley Mares Peterson Wagenius Cooper Jaros Mariani Pugh Warkentin Daggett Jefferson Marko Rest Weaver Dauner Jennings McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rice Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher Workman Dorn Kelso Munger Seagren Sp.Anderson,I Entenza Kinkel Murphy Simoneau Erhardt Knight Ness Skoglund Farrell Knoblach Olson, E. Smith Finseth Koppendrayer Olson, M. SolbergCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Workman, Kraus, Paulsen, Lindner, Van Engen, Osskopp, Finseth, Bettermann, Hackbarth, Stanek, Mares and Smith offered an amendment to H. F. No. 1700, the second engrossment, as amended.
Skoglund raised a point of order pursuant to rule 3.09 that the Workman et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Sviggum appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 71 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Leighton Orenstein Simoneau Bertram Greiling Lieder Orfield Skoglund Bishop Hasskamp Long Osthoff Solberg Brown Hausman Lourey Ostrom Tomassoni Carlson Huntley Luther Otremba Trimble Carruthers Jaros Mahon Ozment Tunheim Clark Jefferson Mariani Pelowski Wagenius Cooper Jennings Marko Perlt Wejcman Dauner Johnson, A. McCollum Peterson Wenzel Dawkins Johnson, R. McGuire Pugh Winter Delmont Kahn Milbert Rest Sp.Anderson,I Dorn Kalis Munger Rice Entenza Kelley Murphy Rukavina Farrell Kelso Olson, E. Sarna Garcia Kinkel Opatz SchumacherThose who voted in the negative were:
Abrams Frerichs Krinkie Osskopp Tompkins Anderson, B. Girard Larsen Paulsen Tuma Bettermann 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. Finseth Kraus Onnen SykoraSo it was the judgment of the House that the decision of the Speaker should stand.
Finseth; Knoblach; Warkentin; Sviggum; Swenson, H.; Olson, M.; Larsen; Workman; Osskopp; Rostberg; Lindner; Kraus; Mulder; Harder; Lynch; Bradley; Boudreau; Haas; Worke; Stanek; Girard; Dehler; Hackbarth; Daggett; Mares and Anderson, B., offered an amendment to H. F. No. 1700, the second engrossment, as amended.
Skoglund raised a point of order pursuant to rule 3.09 that the Finseth et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
McGuire moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 156, line 32, after the second "or" insert "by a family or household member, or legal guardian"
Page 156, lines 33 and 34, delete the new language and insert "A minor age 16 or older may make a petition on the minor's own behalf against a spouse or former spouse, a person with whom the minor has a child in common, a man or woman if the woman is pregnant and the man is alleged to be the father, or a person with whom the minor is involved in a romantic or sexual relationship."
The motion did not prevail and the amendment was not adopted.
Bettermann, Hackbarth, Mares, Osskopp, Finseth, Stanek and Anderson, B., moved to amend H. F. No. 1700, the second engrossment, as amended, as follows:
Page 173, after line 35, insert:
Section 1. [244A.01] [REQUIRING NOTICE BY STATE IN DEATH PENALTY CASES.]
If the state intends to seek the death penalty for an offense punishable by death, the prosecuting attorney shall sign and file with the court, and serve upon the defendant, a notice that the state will seek the sentence of death in the event of conviction. The notice must be filed and served within a reasonable time before trial or acceptance by the court of a plea of guilty. If the prosecuting attorney does not comply with the notice requirements of this section, the court may not impose the death penalty under section 4.
Sec. 2. [244A.02] [APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.]
Upon notification under section 1 that the prosecuting attorney intends to seek the death penalty, the court shall order the appointment of two attorneys to counsel the defendant, at least one of whom has had significant criminal defense experience, unless the court is satisfied that the defendant has retained a competent attorney. If the defendant is not represented by an attorney and is not able to afford one, the court shall order the appropriate district public defender to assign two public defenders. If the defendant is convicted and sentenced to death, the state public defender shall represent the defendant during the appeal process.
Sec. 3. [244A.03] [SENTENCE OF DEATH FOR MURDER IN CERTAIN CASES; SENTENCING PROCEEDINGS.]
Subdivision 1. [DEFINITIONS.] For purposes of this section, "first degree murder" means murder in the first degree as defined in section 609.185.
Subd. 2. [EXCLUDING DEATH SENTENCE.] When a defendant is found guilty of first degree murder, the court shall impose a sentence other than that of death if it is satisfied that:
(1) none of the aggravating circumstances listed in subdivision 4 was established by the evidence at the trial or will be established at a sentencing proceeding under subdivision 3;
(2) substantial mitigating circumstances, established by the evidence at the trial, call for leniency;
(3) the defendant, with the consent of the prosecuting attorney and the approval of the court, pleaded guilty to murder with life imprisonment or a lesser sentence as the maximum term;
(4) the defendant was under 18 years of age at the time of the commission of the crime;
(5) the defendant's physical or mental condition calls for leniency; or
(6) although the evidence is sufficient to sustain the verdict, it does not foreclose all doubt about the defendant's guilt.
Subd. 3. [SEPARATE SENTENCING PROCEEDING TO DETERMINE IF DEATH PENALTY WARRANTED.] (a) If a defendant is convicted of first degree murder, the court shall conduct a separate proceeding to determine whether the defendant should be sentenced to death or to a sentence other than death as required by law, unless the court imposes a sentence under subdivision 2. The proceeding must be conducted before the court alone if the defendant was convicted by a court sitting without a jury, if the defendant pleaded guilty, or if the prosecuting attorney and the defendant waive a jury with respect to sentencing. In other cases it must be conducted before the court sitting with the jury that determined the defendant's guilt or, if the court for good cause shown discharges that jury, with a new jury impaneled for the purpose.
(b) In the proceeding, evidence may be presented about any matter that the court considers relevant to sentence, including the nature and circumstances of the crime, the defendant's character, background, history, mental and physical condition, and any of the aggravating or mitigating circumstances listed in subdivisions 4 and 5. Any evidence relevant to the sentence, not legally privileged, that the court considers to have probative force, may be received, regardless of its admissibility under the exclusionary rules of evidence. The defendant's counsel must be given a fair opportunity to rebut the evidence. The prosecuting attorney and the defendant or defendant's counsel must be permitted to present arguments for or against a sentence of death.
Subd. 4. [AGGRAVATING CIRCUMSTANCES.] (a) In this subdivision, "involved in" means engaged in committing a crime or attempting to commit a crime, acting as an accomplice in a crime or an attempt at a crime, or fleeing after committing or attempting to commit a crime.
(b) "Aggravating circumstances" are limited to the following:
(1) the defendant was previously convicted of another murder;
(2) at the time the murder was committed the defendant also committed another murder;
(3) the defendant knowingly created a great risk of death to many persons;
(4) the murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration;
(5) the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. For purposes of this clause, the following definitions have the meanings given them:
(i) "especially cruel" means the crime is committed in an "especially cruel" manner when the perpetrator inflicts mental anguish or physical abuse before a victim's death;
(ii) "mental anguish" includes victims' uncertainty as to their ultimate fate;
(iii) "especially depraved" means the crime is committed in an "especially depraved" manner when the perpetrator relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a pleasure in the killing;
(6) by the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life. For the purpose of this clause, "utter disregard" is meant to be reflective of the cold-blooded, pitiless slayer who kills without feeling or sympathy;
(7) the defendant, by prior conduct or conduct in the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society;
(8) the murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of the proceeding;
(9) the victim of the murder was a public safety officer, as defined in section 299A.41, subdivision 4;
(10) the victim was under the age of 12 years and had a past history of physical or sexual abuse by the defendant, as defined in section 626.556, subdivision 2;
(11) the defendant was being held in lawful custody at the time of the murder;
(12) the murder was committed while the defendant was involved in criminal sexual conduct in the first degree by force or threat of force;
(13) the defendant intentionally killed the victim while the defendant was involved in a major controlled substance offense. "Major controlled substance offense" means an offense or series of offenses constituting a felony violation or violations under chapter 152, related to trafficking in controlled substances under circumstances more onerous than the usual offense and including at least one of the following circumstances:
(i) the offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;
(ii) the defendant knowingly possessed a firearm during the commission of the offense;
(iii) the circumstances of the offense reveal that the defendant occupied a high position in the drug distribution hierarchy; or
(iv) the offense involved a high degree of sophistication or planning; or
(14) at the time of the murder the defendant had previously been convicted of two or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance in violation of chapter 152.
Subd. 5. [MITIGATING CIRCUMSTANCES.] "Mitigating circumstances" include:
(1) the defendant has no significant history of prior criminal activity;
(2) the murder was committed while the defendant was under extreme mental or emotional disturbance, although not sufficiently impaired as to constitute a defense to prosecution;
(3) the victim was a participant in the defendant's homicidal conduct or consented to the homicidal act;
(4) the defendant acted on a threat of imminent infliction of death or great bodily harm;
(5) at the time of the offense, the capacity of the offender to appreciate the criminality of the conduct or to conform that conduct to law was impaired as a result of mental disease or defect or intoxication; or
(6) any other relevant mitigating circumstance.
Sec. 4. [244A.04] [IMPOSITION OF DEATH SENTENCE; MODE OF EXECUTION.]
Subdivision 1. [DECISION.] (a) The court has discretion to determine whether a sentence of death will be imposed, except that when the proceeding is conducted before the court sitting with a jury, the court may not impose a sentence of death unless (1) it submits to the jury the issue whether the defendant should be sentenced to death or to imprisonment, and (2) the jury returns a verdict that the sentence should be death. If the jury is unable to reach a unanimous verdict, the court shall dismiss the jury and impose a sentence other than death as required by law.
(b) The court, in exercising its discretion as to sentence, and the jury, in determining its verdict, shall take into account the aggravating and mitigating circumstances listed in section 3, subdivisions 4 and 5, and any other facts that the court or jury considers relevant, but the court or jury may not impose or recommend a sentence of death unless the court or jury unanimously finds one of the aggravating circumstances listed in section 3, subdivision 4, and further unanimously finds that there are no mitigating circumstances sufficiently substantial to call for leniency.
(c) The burden of establishing the existence of an aggravating circumstance is on the state and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of a mitigating circumstance is on the defendant and is not satisfied unless established by a preponderance of the evidence.
(d) If the issue is submitted to the jury, the court shall instruct the jury on the requirements of this subdivision. At that time, the court shall also inform the jury of the nature of the sentence of imprisonment that may be imposed if the jury verdict is against a sentence of death, including the implications of the sentence for possible supervised release. The court shall instruct the jury about the aggravating and mitigating circumstances listed in section 3. The court may provide the jury with a list of the aggravating and mitigating circumstances about which the jury is instructed.
Subd. 2. [IMPOSITION.] (a) If the proceeding is conducted without a jury, the court shall sentence the defendant to death when it:
(1) finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists; and
(2) finds that there are no mitigating circumstances sufficiently substantial to call for leniency.
(b) When the proceeding is conducted before a jury, the court shall sentence the defendant to death when the jury unanimously:
(1) finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists;
(2) finds that there are no mitigating circumstances sufficiently substantial to call for leniency; and
(3) recommends that the sentence of death be imposed.
(c) When the jury does not recommend a sentence of death, the court shall sentence the defendant to imprisonment as provided by law.
Subd. 3. [SENTENCE OF DEATH PRECLUDED.] A sentence of death may not be carried out upon a person who is under 18 years of age at the time the crime was committed. A sentence of death may not be carried out upon a person who, by reason of a mental disease or defect, is unable to understand the impending death or the reasons for it. A sentence of death may not be carried out upon a person who is pregnant.
Subd. 4. [EXECUTION BY LETHAL INJECTION.] When the court sentences a defendant to death under subdivision 2, the order of execution must be carried out by administration of a continuous, intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination with a chemical paralytic agent until a licensed physician pronounces that the defendant is dead according to accepted standards of medical practice. The execution by lethal injection must be performed by a person selected by the chief executive officer of the maximum security facility at which the execution will take place and trained to administer the injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse licensed or registered under the laws of this or another state.
Sec. 5. [244A.05] [SENTENCING COURT; ADMINISTRATIVE REQUIREMENTS.]
Subdivision 1. [DATE OF EXECUTION.] In pronouncing a sentence of death, the court shall set the date of execution not less than 60 days nor more than 90 days from the date the sentence is pronounced. If execution has been stayed by a court and the date set for execution has passed before dissolution of the stay, the court in which the defendant was previously sentenced shall, upon dissolution of the stay, set a new date of execution not less than five nor more than 90 days from the day the date is set. The defendant is entitled to be present in court on the day the new date of execution is set.
Subd. 2. [COPIES OF ORDER OF EXECUTION.] When a person is sentenced to death, the court administrator shall prepare certified copies of the judgment and order of execution and send these documents to the governor, defendant, defendant's counsel, attorney general, chief justice of the supreme court, state court administrator, and the state public defender's office within five business days following entrance of the order of execution.
Subd. 3. [DELIVERY OF DEFENDANT TO MAXIMUM SECURITY FACILITY.] Pending execution of a sentence of death, the sheriff or other chief law enforcement officer who has custody of the defendant may deliver the defendant to the maximum security facility designated by the commissioner of corrections to be the place where the execution is to be held. The state shall bear the costs of imprisoning the defendant from the date of delivery.
Sec. 6. [244A.06] [REVIEW OF DEATH SENTENCES BY SUPREME COURT.]
Subdivision 1. [AUTOMATIC REVIEW.] The judgment of conviction and a sentence of death are subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record, unless the supreme court extends the time, for good cause shown, for an additional period not to exceed 30 days. The review by the supreme court has priority over all other cases and must be heard in accordance with rules adopted by the supreme court.
Subd. 2. [TRANSCRIPT.] The court administrator, within ten days after receiving the transcript, shall transmit the entire record and transcript to the supreme court together with a notice prepared by the administrator and a report prepared by the trial judge. The notice must set forth the title and docket number of the case, the name of the defendant, the name and address of the defendant's attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report must be in the form of a standard questionnaire prepared and supplied by the supreme court.
Subd. 3. [REVIEW GUIDELINES.] Each sentence of death must be reviewed by the supreme court to determine if it is excessive. In determining whether the sentence is excessive, the supreme court shall determine whether the:
(1) sentence was imposed under the influence of passion, prejudice, or other arbitrary factors;
(2) evidence supports the finding of a statutory aggravating circumstance; and
(3) sentence is disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
Subd. 4. [BRIEFS.] Both the defendant and the state have the right to submit briefs within the time provided by the court and to present oral argument to the court.
Subd. 5. [DECISION.] The supreme court shall:
(1) affirm the sentence of death; or
(2) set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel.
Subd. 6. [NOTICE TO GOVERNOR.] Within five business days after reaching a decision under subdivision 5, the supreme court shall notify the governor whether the death sentence has been affirmed or set aside.
Sec. 7. [244A.07] [UNIFIED REVIEW PROCEDURE.]
Subdivision 1. [PROCEDURE.] The supreme court shall establish by rule a unified review procedure to provide for the presentation to the sentencing court and to the supreme court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed. The unified review procedure governs both pretrial and posttrial appellate review of death penalty cases.
Subd. 2. [CHECKLISTS.] The supreme court shall establish by rule a series of checklists to be used by the trial court, the prosecuting attorney, and defense counsel before, during, and after the trial of cases in which the death penalty is sought to make certain that all possible matters that could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sentencing court and the supreme court of all possible challenges to the trial, conviction, sentence, and detention of the defendant.
Subd. 3. [WRIT OF HABEAS CORPUS.] Nothing in this section or in the rules of the supreme court limits or restricts the grounds of review or suspends the rights or remedies available through the procedures governing the writ of habeas corpus.
Sec. 8. [244A.08] [STAY OF EXECUTION OF DEATH.]
Subdivision 1. [GOVERNOR OR APPEAL.] The execution of a death sentence may be stayed only by the governor or incident to an appeal.
Subd. 2. [PROCEEDINGS WHEN INMATE UNDER SENTENCE OF DEATH APPEARS TO BE MENTALLY ILL OR PREGNANT.] If the governor is informed that an inmate under sentence of death may be mentally ill or pregnant, the governor shall stay execution of the sentence and require the sentencing court to order a mental or physical examination of the inmate, as appropriate.
Subd. 3. [EXAMINATION AND HEARING.] (a) If the court orders a mental examination of the inmate, it shall appoint at least one qualified psychiatrist, clinical psychologist, or physician experienced in the field of mental illness to examine the defendant and report on the defendant's mental condition. If the inmate or prosecution has retained a qualified psychiatrist, clinical psychologist, or physician experienced in the field of mental illness, the court on request of the inmate or prosecuting attorney shall direct that the psychiatrist, clinical psychologist, or physician be permitted to observe the mental examination and to conduct a mental examination of the inmate.
(b) At the conclusion of the examination, the examiner shall submit a written report to the court and send copies to the prosecuting attorney and defense attorney. The report must contain a diagnosis of the inmate's mental condition and whether the inmate has the mental capacity to understand the nature of the death penalty and the reasons why it was imposed.
(c) If the court orders a physical examination, it shall appoint a qualified physician to examine the inmate and report on whether the inmate is pregnant.
(d) The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issue of mental illness or pregnancy. The parties may submit written arguments to the court before the date of the hearing and may make oral arguments before the court at the sentencing hearing. Before the hearing, the court shall send to the defendant or the defendant's attorney and the prosecuting attorney copies of the mental or physical examination.
Subd. 4. [MENTAL ILLNESS.] (a) If mental illness is the issue and the court decides that the inmate has the mental capacity to understand the nature of the death penalty and why it was imposed, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer of the maximum security facility where the execution is to be held directing the officer to execute the sentence at a time designated in the warrant.
(b) If the court decides that the inmate does not have the mental capacity to understand the nature of the death penalty and why it was imposed, the court shall so inform the governor. The governor shall have the inmate committed to the St. Peter Regional Treatment Center.
(c) A person under sentence of death who has been committed to the St. Peter Regional Treatment Center shall be kept there until the proper official of the hospital determines that the person has been restored to mental health. The hospital official shall then notify the governor of the official's determination, and the governor shall request the sentencing court to proceed as provided in this section.
Subd. 5. [PREGNANCY.] (a) If the court determines that the inmate is not pregnant, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer of the maximum security facility where the execution is to be held directing the chief executive officer to execute the sentence at a time designated in the warrant.
(b) If the court determines that the inmate is pregnant, the court shall so inform the governor. The governor shall stay execution of sentence during the pregnancy.
(c) If the court determines that an inmate whose execution has been stayed because of pregnancy is no longer pregnant, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer directing the chief executive officer to execute the sentence at a time designated in the warrant.
Subd. 6. [FEE.] The court shall allow a reasonable fee to the physician appointed under this section that must be paid by the state.
Sec. 9. [244A.09] [GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.]
When notified by the supreme court under section 6 that a death sentence has been upheld, the governor shall issue a death warrant, attach it to a copy of the record, including the trial court's order of execution and the supreme court's affirming opinion, and send it to the chief executive officer of the maximum security facility where the inmate under sentence of death is being held. The warrant must direct that officer to execute the sentence at a time designated in
the warrant. When notified by the supreme court under section 6 that a death sentence has been set aside, the governor shall order the commissioner of corrections to remove the inmate under sentence of death from the unit where inmates under sentence of death are confined and reassign the inmate consistent with the supreme court's opinion.
Sec. 10. [244A.10] [COMMISSIONER OF CORRECTIONS; DUTIES; DESIGNATION OF PLACE OF EXECUTION.]
Subdivision 1. [MAXIMUM SECURITY FACILITIES.] The commissioner of corrections shall designate one or more maximum security facilities at which executions of inmates under death sentence will take place. In each maximum security facility designated as a place where executions will take place, the commissioner shall establish and maintain a unit for the segregated confinement of inmates under sentence of death.
Subd. 2. [PLACE OF EXECUTION.] The chief executive officer of a maximum security facility where executions will take place shall provide a suitable and efficient room or place in which executions will be carried out, enclosed from public view, and all implements necessary to executions. The chief executive officer shall select the person to perform executions and the chief executive officer or the officer's designee shall supervise the execution.
Subd. 3. [EXECUTIONER'S IDENTITY; PRIVATE DATA.] Information relating to the identity and compensation of the executioner is private data as defined in section 13.02, subdivision 12. The chief executive officer of the maximum security facility is not required to record the name of an individual acting as an executioner or any information that could identify that individual.
Subd. 4. [REGULATION OF EXECUTION.] The chief executive officer of the maximum security facility holding an execution or a deputy designated by that officer must be present at the execution. The chief executive officer shall set the day for execution within the week designated by the governor in the warrant.
Subd. 5. [WITNESS TO EXECUTION.] Twelve citizens selected by the chief executive officer must witness the execution. The chief executive officer shall select six representatives of the news media to witness the execution. Counsel for the inmate under sentence of death and members of the clergy requested by the inmate may be present at the execution. All other persons, except correctional facility officers and the executioner, must be excluded during the execution.
Subd. 6. [READING DEATH WARRANT.] The warrant authorizing the execution must be read to the convicted person immediately before death.
Subd. 7. [RETURN OF WARRANT OF EXECUTION ISSUED BY GOVERNOR.] After the death sentence has been executed, the chief executive officer of the maximum security facility where the execution took place shall return to the governor the warrant and a signed statement of the execution. The chief executive officer shall file an attested copy of the warrant and statement with the court administrator that imposed the sentence.
Subd. 8. [SENTENCE OF DEATH UNEXECUTED FOR UNJUSTIFIABLE REASONS.] If a death sentence is not executed because of unjustified failure of the governor to issue a warrant or for any other unjustifiable reason, on application of the attorney general, the supreme court shall issue a warrant directing the sentence to be executed during a week designated in the warrant.
Subd. 9. [RETURN OF WARRANT OF EXECUTION ISSUED BY SUPREME COURT.] After the sentence has been executed under a warrant issued by the supreme court, the chief executive officer shall return to the supreme court the warrant and a signed statement of the execution. The chief executive officer shall file an attested copy of the warrant and statement with the court administrator that imposed the sentence. The chief executive officer shall send to the governor an attested copy of the warrant and statement.
Sec. 11. [244A.11] [COSTS OF EXECUTION; REIMBURSEMENT; ATTORNEY GENERAL ASSISTANCE.]
Subdivision 1. [COSTS.] The state shall reimburse a county for all costs incurred for prosecution of a case involving the death penalty if the crimes for which the defendant is on trial occurred in that county. In a case involving the death penalty, if crimes for which the defendant is on trial occurred in more than one county, the state shall reimburse the county prosecuting the case for one-half of all costs incurred for prosecution.
Subd. 2. [ATTORNEY GENERAL ASSISTANCE.] The attorney general shall assist in the prosecution of cases involving the death penalty if requested to do so by the county prosecuting attorney.
Sec. 12. [APPROPRIATION.]
$....... is appropriated from the general fund to the commissioner of corrections to implement sections 1 to 11 to be available until June 30, 1997.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 11 are effective August 1, 1995, and apply to crimes committed on or after that date.
Section 1. Minnesota Statutes 1994, section 243.05, subdivision 1, is amended to read:
Subdivision 1. [CONDITIONAL RELEASE.] Except for a person sentenced to death under article 1, section 4, the commissioner of corrections may parole any person sentenced to confinement in any state correctional facility for adults under the control of the commissioner of corrections, provided that:
(a) no inmate serving a life sentence for committing murder before May 1, 1980, other than murder committed in violation of clause (1) of section 609.185 who has not been previously convicted of a felony shall be paroled without having served 20 years, less the diminution that would have been allowed for good conduct had the sentence been for 20 years;
(b) no inmate serving a life sentence for committing murder before May 1, 1980, who has been previously convicted of a felony or though not previously convicted of a felony is serving a life sentence for murder in the first degree committed in violation of clause (1) of section 609.185 shall be paroled without having served 25 years, less the diminution which would have been allowed for good conduct had the sentence been for 25 years;
(c) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(d) any new rule or policy or change of rule or policy adopted by the commissioner of corrections which has the effect of postponing eligibility for parole has prospective effect only and applies only with respect to persons committing offenses after the effective date of the new rule or policy or change. Upon being paroled and released, an inmate is and remains in the legal custody and under the control of the commissioner, subject at any time to be returned to a facility of the department of corrections established by law for the confinement or treatment of convicted persons and the parole rescinded by the commissioner. The written order of the commissioner of corrections, is sufficient authority for any peace officer or state parole and probation agent to retake and place in actual custody any person on parole or supervised release, but any state parole and probation agent may, without order of warrant, when it appears necessary in order to prevent escape or enforce discipline, take and detain a parolee or person on supervised release or work release to the commissioner for action. The written order of the commissioner of corrections is sufficient authority for any peace officer or state parole and probation agent to retake and place in actual custody any person on probation under the supervision of the commissioner pursuant to section 609.135, but any state parole and probation agent may, without an order, when it appears necessary in order to prevent escape or enforce discipline, retake and detain a probationer and bring the probationer before the court for further proceedings under section 609.14. Persons conditionally released, and those on probation under the supervision of the commissioner of corrections pursuant to section 609.135 may be placed within or outside the boundaries of the state at the discretion of the commissioner of corrections or the court, and the limits fixed for these persons may be enlarged or reduced according to their conduct.
Except as otherwise provided in subdivision 1b, in considering applications for conditional release or discharge, the commissioner is not required to hear oral argument from any attorney or other person not connected with an adult correctional facility of the department of corrections in favor of or against the parole or release of any inmates, but the commissioner may institute inquiries by correspondence, taking testimony or otherwise, as to the previous history, physical or mental condition, and character of the inmate, and to that end shall have authority to require the attendance of the chief executive officer of any state adult correctional facility and the production of the records of these facilities, and to compel the attendance of witnesses. The commissioner is authorized to administer oaths to witnesses for these purposes.
Sec. 2. Minnesota Statutes 1994, section 609.10, is amended to read:
609.10 [SENTENCES AVAILABLE.]
Upon conviction of a felony and compliance with the other provisions of this chapter and chapter 244A the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:
(1) to death; or
(2) to life imprisonment; or
(2) (3) to imprisonment for a fixed term of years
set by the court; or
(3) (4) to both imprisonment for a fixed term of
years and payment of a fine; or
(4) (5) to payment of a fine without imprisonment
or to imprisonment for a fixed term of years if the fine is not
paid; or
(5) (6) to payment of court-ordered restitution
in addition to either imprisonment or payment of a fine, or both;
or
(6) (7) to payment of a local correctional fee as
authorized under section 609.102 in addition to any other
sentence imposed by the court.
Sec. 3. Minnesota Statutes 1994, section 609.12, subdivision 1, is amended to read:
Subdivision 1. A person sentenced to the commissioner of corrections for imprisonment for a period less than life may be paroled or discharged at any time without regard to length of the term of imprisonment which the sentence imposes when in the judgment of the commissioner of corrections, and under the conditions the commissioner imposes, the granting of parole or discharge would be most conducive to rehabilitation and would be in the public interest. A person sentenced to death is not eligible for supervised release or discharge at any time.
Sec. 4. Minnesota Statutes 1994, section 609.135, subdivision 1, is amended to read:
Subdivision 1. [TERMS AND CONDITIONS.] Except when a sentence
of death has been imposed under chapter 244A, a life
imprisonment sentence is required by law, or
when a mandatory minimum sentence is required by section
609.11, any court may stay imposition or execution of sentence
and (a) may order intermediate sanctions without placing the
defendant on probation, or (b) may place the defendant on
probation with or without supervision and on the terms the court
prescribes, including intermediate sanctions when practicable.
The court may order the supervision to be under the probation
officer of the court, or, if there is none and the conviction is
for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting
person. No intermediate sanction may be ordered performed at a
location that fails to observe applicable requirements or
standards of chapter 181A or 182, or any rule promulgated under
them. For purposes of this subdivision, subdivision 6, and
section 609.14, the term "intermediate sanctions" includes but is
not limited to incarceration in a local jail or workhouse, home
detention, electronic monitoring, intensive probation, sentencing
to service, reporting to a day reporting center, chemical
dependency or mental health treatment or counseling, restitution,
fines, day-fines, community work service, and work in lieu of or
to work off fines.
A court may not stay the revocation of the driver's license of a person convicted of violating the provisions of section 169.121.
Sec. 5. Minnesota Statutes 1994, section 609.185, is amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in the first degree and, unless sentenced to death under article 1, section 4, shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;
(5) causes the death of a minor under circumstances other than those described in clause (1) or (2) while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life; or
(6) causes the death of a human being under circumstances other than those described in clause (1), (2), or (5) while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.
For purposes of clause (5), "child abuse" means an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state: section 609.221; 609.222; 609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
For purposes of clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or any other state; and
(2) is committed against the victim who is a family or household member as defined in section 518B.01, subdivision 2, paragraph (b).
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 5 are effective August 1, 1995, and apply to crimes committed on or after that date."
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 Bettermann et al amendment and the roll was called. There were 37 yeas and 96 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Frerichs Koppendrayer Olson, M. Stanek Bertram Goodno Kraus Onnen Sviggum Bettermann Hackbarth Lindner Osskopp Van Engen Commers Holsten Luther Paulsen Worke Daggett Hugoson Macklin Pawlenty Workman Davids Jennings Mares Pellow Dehler Johnson, R. Molnau Perlt Finseth Knoblach Ness SmithThose who voted in the negative were:
Abrams Girard Leighton Osthoff SykoraThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3552
Bakk Greenfield Leppik Ostrom Tomassoni Bishop Greiling Lieder Otremba Tompkins Boudreau Haas Long Ozment Trimble Bradley Harder Lourey Pelowski Tuma Broecker Hasskamp Lynch Peterson Tunheim Brown Hausman Mahon Pugh Van Dellen Carlson Huntley Mariani Rest Vickerman Carruthers Jaros Marko Rhodes Wagenius Clark Jefferson McCollum Rice Warkentin Cooper Johnson, A. McElroy Rostberg Weaver Dauner Johnson, V. McGuire Rukavina Wejcman Dawkins Kahn Milbert Sarna Wenzel Delmont Kalis Mulder Schumacher Winter Dempsey Kelley Munger Seagren Wolf Dorn Kelso Murphy Simoneau Sp.Anderson,I Entenza Kinkel Olson, E. Skoglund Erhardt Knight Opatz Solberg Farrell Krinkie Orenstein Swenson, D. Garcia Larsen Orfield Swenson, H.
H. F. No. 1700, A bill for an act relating to the organization and operation of state government; appropriating money for the judicial branch, public safety, public defense, corrections, and for other criminal justice agencies and purposes; making changes to various criminal laws and penalties; modifying juvenile justice provisions; amending Minnesota Statutes 1994, sections 2.722, subdivision 1; 3.732, subdivision 1; 16A.285; 43A.18, by adding a subdivision; 120.101, subdivision 1; 120.14; 120.17, subdivisions 5a, 6, and 7; 120.181; 120.73, by adding a subdivision; 124.18, by adding a subdivision; 124.32, subdivision 6; 125.05, by adding a subdivision; 125.09, subdivision 1; 127.20; 127.27, subdivision 10; 145A.05, subdivision 7a; 152.18, subdivision 1; 171.04, subdivision 1; 171.29, subdivision 2; 176.192; 179A.03, subdivision 7; 242.31, subdivision 1; 243.166; 243.23, subdivision 3; 243.51, subdivisions 1 and 3; 243.88, by adding a subdivision; 260.015, subdivision 21; 260.115, subdivision 1; 260.125; 260.126, subdivision 5; 260.131, subdivision 4, and by adding a subdivision; 260.132, subdivisions 1, 4, and by adding a subdivision; 260.155, subdivisions 2 and 4; 260.161, subdivision 3; 260.181, subdivision 4; 260.185, subdivision 6, and by adding subdivisions; 260.191, subdivision 1; 260.193, subdivision 4; 260.195, subdivision 3, and by adding a subdivision; 260.215, subdivision 1; 260.291, subdivision 1; 271.06, subdivision 4; 299A.33, subdivision 3; 299A.35, subdivision 1; 299A.51, subdivision 2; 299C.065, subdivisions 1a, 3, and 3a; 299C.10, subdivision 1, and by adding a subdivision; 299C.62, subdivision 4; 357.021, subdivision 2; 364.09; 388.24, subdivision 4; 401.065, subdivision 3a; 401.10; 466.03, by adding a subdivision; 480.30; 481.01; 494.03; 518.165, by adding subdivisions; 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 609.055, subdivision 2; 609.101, subdivisions 1, 2, and 3; 609.115, by adding a subdivision; 609.135, by adding a subdivision; 609.1352, subdivisions 1, 3, and 5; 609.152, subdivision 1; 609.19; 609.3451, subdivision 1; 609.485, subdivisions 2 and 4; 609.605, subdivision 4; 609.746, subdivision 1; 609.748, subdivision 3a; 609.749, subdivision 5; 611.27, subdivision 4; 611A.01; 611A.04, subdivision 1; 611A.19, subdivision 1; 611A.31, subdivision 2; 611A.53, subdivision 2; 611A.71, subdivision 7; 611A.73, subdivision 3; 611A.74; 617.23; 624.22; 624.712, subdivision 5; 626.841; 626.843, subdivision 1; 626.861, subdivisions 1 and 4; 628.26; 629.341, subdivision 1; 629.715, subdivision 1; 629.72, subdivisions 1, 2, and 6; 641.14; and 641.15, subdivision 2; Laws 1993, chapter 255, sections 1, subdivisions 1 and 4; and 2; and Laws 1994, chapter 643, section 79, subdivisions 1, 2, and 4; proposing coding for new law in Minnesota Statutes, chapters 8; 16B; 120; 127; 243; 244; 257; 260; 299A; 299C; 299F; 401; 504; 563; 609; 611A; 626; and 629; proposing coding for new law as Minnesota Statutes, chapter 260A; repealing Minnesota Statutes 1994, sections 121.166; 126.25; and 611A.61, subdivision 3; Laws 1994, chapter 576, section 1.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, M. Smith Anderson, B. Garcia Kraus Onnen Solberg Bakk Girard Krinkie Opatz Stanek Bertram Goodno Larsen Orenstein Sviggum Bettermann Greenfield Leighton Orfield Swenson, D. Bishop Greiling Leppik Osskopp Swenson, H. Boudreau Haas Lieder Osthoff Sykora Bradley Hackbarth Lindner Ostrom Tomassoni Broecker Harder Long Otremba Tompkins Brown Hasskamp Lourey Ozment Trimble Carlson Hausman Luther Paulsen Tuma Carruthers Holsten Lynch Pawlenty Tunheim Clark Hugoson Macklin Pellow Van Dellen Commers Huntley Mahon Pelowski Van Engen Cooper Jaros Mares Perlt Vickerman Daggett Jefferson Mariani Peterson Wagenius Dauner Jennings Marko Pugh Warkentin Davids Johnson, A. McCollum Rest Weaver Dawkins Johnson, R. McElroy Rhodes Wejcman Dehler Johnson, V. McGuire Rice Wenzel Delmont Kahn Milbert Rostberg Winter Dempsey Kalis Molnau Rukavina Wolf Dorn Kelley Mulder Sarna Worke Entenza Kelso Munger Schumacher WorkmanThe bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3553
Erhardt Kinkel Murphy Seagren Sp.Anderson,I Farrell Knight Ness Simoneau Finseth Knoblach Olson, E. Skoglund
H. F. No. 980, A bill for an act relating to crime; clarifying language relating to controlled substance and certain other crimes; making it manslaughter in the first degree to cause the death of a child by malicious punishment under certain circumstances; making it manslaughter in the second degree to cause the death of a child by endangerment under certain circumstances; providing that a motor vehicle is subject to forfeiture if it was used to flee a peace officer in violation of law; imposing a fine for the crime of terroristic threats; providing procedures for prosecuting attorneys to follow when filing complaints against owners whose buildings are alleged nuisances; authorizing the court to issue orders of abatement that close buildings for two years or more when the buildings are declared to be nuisances a second time; providing penalties; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 401.02, subdivision 4; 609.10; 609.125; 609.185; 609.20; 609.205; 609.323, subdivisions 2, 3, and by adding a subdivision; 609.498, subdivision 1; 609.52, subdivision 1; 609.5312, by adding a subdivision; 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 617.80, subdivisions 2, 4, 5, 8, and by adding a subdivision; 617.81, subdivisions 1, 2, and by adding a subdivision; 617.82; 617.83; 617.84; 617.85; 617.87; 626.13; proposing coding for new law in Minnesota Statutes, chapter 617; repealing Minnesota Statutes 1994, section 617.81, subdivisions 2a and 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 129 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Koppendrayer Olson, E. Smith Anderson, B. Girard Kraus Olson, M. Solberg Bakk Goodno Krinkie Onnen Stanek Bertram Greenfield Larsen Opatz Sviggum Bettermann Greiling Leighton Orenstein Swenson, D. Bishop Haas Leppik Orfield Swenson, H. Boudreau Hackbarth Lieder Osskopp Sykora Bradley Harder Lindner Osthoff Tomassoni Broecker Hasskamp Long Ostrom Tompkins Brown Hausman Lourey Otremba Trimble Carlson Holsten Luther Ozment Tuma Carruthers Hugoson Lynch Paulsen Tunheim Commers Huntley Macklin Pawlenty Van Dellen Cooper Jaros Mahon Pellow Van Engen Daggett Jefferson Mares Pelowski Vickerman Davids Jennings Mariani Peterson Wagenius Dawkins Johnson, A. Marko Pugh Warkentin Dehler Johnson, R. McCollum Rest Weaver Delmont Johnson, V. McElroy Rhodes Wejcman Dempsey Kahn McGuire Rice Wenzel Dorn Kalis Milbert Rostberg Winter Entenza Kelley Molnau Sarna Wolf Erhardt Kelso Mulder Schumacher Worke Farrell Kinkel Munger Seagren Workman Finseth Knight Murphy Simoneau Sp.Anderson,I Frerichs Knoblach Ness SkoglundThose who voted in the negative were:
Perlt RukavinaThe bill was passed and its title agreed to.
There being no objection, the order of business reverted to Reports of Standing Committees.
Rest from the Committee on Taxes to which was referred:
H. F. No. 597, A bill for an act relating to metropolitan government; providing for coordination and consolidation of public safety radio communications systems; providing governance and finance of the state and regional elements of a regionwide public safety radio communication system; extending the public safety channel moratorium; authorizing the use of 911 emergency telephone service fees for costs of the regionwide public safety radio communication system; authorizing the issuance of bonds by the metropolitan council; appropriating money; amending Minnesota Statutes 1994, section 352.01, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapters 174; and 473.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:
H. F. No. 611, A bill for an act relating to transportation; authorizing construction of additional lanes of travel on marked interstate highway No. 394 in Minneapolis under certain conditions; amending Minnesota Statutes 1994, section 161.123.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Rest from the Committee on Taxes to which was referred:
H. F. No. 1156, A bill for an act relating to metropolitan government; establishing the metropolitan livable communities advisory board; establishing the metropolitan livable communities fund and providing for fund distribution; reducing the levy authority of the metropolitan mosquito control commission; requiring the metropolitan mosquito control district to liquidate certain assets; providing for certain revenue sharing; amending Minnesota Statutes 1994, sections 116J.556; 473.167, subdivisions 2, 3, and by adding a subdivision; 473.702; 473.704, subdivisions 2, 3, 5, 6, 7, 8, 13, and 17; 473.711, subdivision 2; and 473F.08, subdivisions 5, 7a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. [473.25] [METROPOLITAN LIVABLE COMMUNITIES ADVISORY
Subdivision 1. [ESTABLISHED; MEMBERSHIP.] A metropolitan livable communities advisory board is established and consists of eleven members. Nine members are voting members appointed by the metropolitan council and who serve at the pleasure of the council. In making the appointments, the council shall consider the need for:
(1) balanced geographic representation, including representation of the core, the fully developed, developing, and rural parts of the metropolitan area; and
(2) expertise in economic development, land use and planning, housing, and other disciplines and backgrounds related to the work of the board.
Of the nine members, at least one shall be:
(1) a representative of the design center for American urban landscape of the University of Minnesota's college of architecture and landscape architecture;
(2) a representative of a foundation with a record of participation in urban redevelopment;
(3) a representative of the private sector with experience in redevelopment projects;
(4) a representative of metropolitan area municipalities; and
(5) a person from a community-based organization with experience in redevelopment.
No more than five of the voting members may be of the same gender. Each year, the board shall select a voting member to serve as chair of the board. The two nonvoting members are the chair of the local government and metropolitan affairs committee of the house of representatives and the chair of the metropolitan and local government committee of the senate, or their designees.
Subd. 2. [COMPENSATION.] The metropolitan council shall pay board members' per diem and expenses as provided in section 15.059, subdivision 3, except that per diem shall be paid only for days in which the member attends one or more meetings as authorized by the board. The metropolitan council shall include in its budget anticipated expenditures for board members' per diem and expenses.
Subd. 3. [ADMINISTRATIVE SUPPORT.] The metropolitan council shall provide meeting space, staff, and administrative support for the board and shall distribute available funds according to the annual plan prepared by the board and approved by the council, as provided for in subdivision 4.
Subd. 4. [POWERS AND DUTIES.] (a) The board shall establish and submit to the council for approval criteria for uses of the fund provided in section 473.251 that are consistent with and promote the purposes of this article and the policies of the metropolitan development guide adopted by the metropolitan council including, but not limited to:
(1) helping to change long-term market incentives that adversely impact creation and preservation of living-wage jobs in the fully developed area;
(2) creating incentives for developing communities to include a full range of housing opportunities;
(3) creating incentives to preserve and rehabilitate affordable housing in the fully developed area; and
(4) creating incentives for all communities to implement compact and efficient development.
(b) The board shall establish and submit to the council for approval guidelines governing who may apply for a grant or loan from the fund, providing priority for proposals using innovative partnerships between government, private for-profit, and nonprofit sectors.
(c) The board shall prepare and submit to the metropolitan council an annual plan for distribution of the fund based on the board's criteria for project and applicant selection. The council shall either approve the whole plan or disapprove the whole plan. If the council disapproves the plan, the council shall return it to the board with the council's reasons for disapproval and the board shall consider the council's reasons in revising and resubmitting the plan to the council for approval or disapproval.
(d) The board shall prepare and submit to the council and the legislature, as provided in section 3.195, an annual report on the metropolitan livable communities fund. The report must include information on the amount of money in the fund, the amount distributed, to whom the funds were distributed and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting the policies and goals of the board and council. The report may make recommendations to the legislature on changes to this act.
Sec. 2. [473.251] [METROPOLITAN LIVABLE COMMUNITIES FUND.]
The metropolitan livable communities fund is created and consists of the following accounts:
(1) the tax base revitalization account;
(2) the livable communities demonstration account; and
(3) the local housing incentives account.
Sec. 3. [473.252] [TAX BASE REVITALIZATION ACCOUNT.]
Subdivision 1. [SOURCES OF FUNDS.] The council shall credit to the tax base revitalization account any amounts provided under section 473.167, subdivision 3a, paragraph (b), and any amount distributed to the council under section 473F.08, subdivision 3b.
Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The council must use the funds in the account to make grants to municipalities for the cleanup of polluted land in the metropolitan area. The council, in consultation with the metropolitan livable communities advisory board, shall prescribe and provide the grant application form to municipalities. A site qualifies for a grant under this subdivision if the criteria specified in section 116J.554, subdivision 2, are met.
(b) The legislature expects that applications for grants will exceed the available funds and the council will be able to provide grants to only some of the applicant municipalities. If applications for grants for qualified sites exceed the available funds, the council, in consultation with the metropolitan livable communities advisory board, shall make grants that provide the highest return in public benefits for the public costs incurred, that encourage commercial and industrial development that will lead to the preservation or growth of living-wage jobs and that enhance the tax base of the recipient municipality.
(c) A municipality may use the grant to provide a portion of the local match requirement for project costs that qualify for a grant under sections 116J.551 to 116J.57.
Sec. 4. [473.253] [LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.]
Subdivision 1. [SOURCES OF FUNDS.] The council shall credit to the livable communities demonstration account the revenues provided in this subdivision. This tax shall be levied and collected in the manner provided by section 473.13. The levy shall not exceed the following amount for the years specified:
(a)(1) for taxes payable in 1996, 50 percent of (i) the metropolitan mosquito control commission's property tax levy limit for 1995 as determined under section 473.711, subdivision 2, multiplied by (ii) an index for market valuation changes equal to the total market valuation of all taxable property located within the metropolitan area for the current taxes payable year divided by the total market valuation of all taxable property located in the metropolitan area for the previous taxes payable year; and
(2) for taxes payable in 1997 and subsequent years, the product of (i) the property tax levy limit under this subdivision for the previous year multiplied by (ii) an index for market valuation changes equal to the total market valuation of all taxable property located within the metropolitan area for the current taxes payable year divided by the total market valuation of all taxable property located in the metropolitan area for the previous taxes payable year.
For the purposes of this subdivision, "total market valuation" means the total market valuation of all taxable property within the metropolitan area without valuation adjustments for fiscal disparities under chapter 473F, tax increment financing under sections 469.174 to 469.179, and high voltage transmission lines under section 273.425.
(b) The metropolitan council, for the purposes of the fund, is considered a unique taxing jurisdiction for purposes of receiving aid pursuant to section 273.1398. For aid to be received in 1996, the fund's homestead and agricultural credit base shall equal 50 percent of the metropolitan mosquito control commission's certified homestead and agricultural credit aid for 1995, determined under section 273.1398, subdivision 2, less any permanent aid reduction under section 477A.0132. For aid to be received under section 273.1398 in 1997 and subsequent years, the fund's homestead and agricultural credit base shall be determined in accordance with section 273.1398, subdivision 1.
Subd. 2. [DISTRIBUTION OF FUNDS.] The board shall establish and submit to the council for approval guidelines for projects that the council may fund with either grants or loans from the livable community demonstration account. The guidelines must provide that the projects will:
(1) interrelate development or redevelopment and transit;
(2) interrelate affordable housing and employment growth areas;
(3) intensify land use that leads to more compact development or redevelopment;
(4) involve development or redevelopment that mixes incomes of residents in housing, including introducing or reintroducing higher value housing in lower income areas to achieve a mix of housing opportunities; or
(5) encourage public infrastructure investments which connect urban neighborhoods and suburban communities, attract private sector redevelopment investment in commercial and residential properties adjacent to the public improvement, and provide project area residents with expanded opportunities for private sector employment.
The council shall use the funds in the livable communities demonstration account to fund projects meeting the approved guidelines.
Sec. 5. [473.254] [LOCAL HOUSING INCENTIVES ACCOUNT.]
Subdivision 1. [AFFORDABLE AND LIFE-CYCLE HOUSING GOALS.] The council shall negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the metropolitan council as provided in the adopted metropolitan development guide. The council shall establish affordable and life-cycle housing goals for each municipality by January 15, 1996. By June 30, 1996, each municipality shall identify to the council the actions it plans to take to meet the established housing goals.
Subd. 2. [AFFORDABLE AND LIFE-CYCLE HOUSING OPPORTUNITIES REQUIRED AMOUNT.] (1) By July 1, 1996, each county assessor shall certify each municipality's average residential homestead limited market value for the 1994 assessment year, including the value of the farm house, garage, and one acre only in the case of farm homesteads, multiplied by a factor of two, as the municipality's "market value base amount." (2) By July 1, 1996, and each succeeding year the county assessor shall determine which homesteads have market values in excess of the municipality's market value base amount and the county auditor shall certify the aggregate net tax capacity corresponding to the amount by which those homesteads' market values exceed the municipality's market value base amount as the "net tax capacity excess amount" for the assessment year corresponding to the current taxes payable year. By July 1, 1996, the county auditor shall also certify the net tax capacity excess amount for taxes payable in 1995. (3) By July 1, 1996, and each succeeding year, the county auditor shall also certify each municipality's local tax rate for the current taxes payable year. (4) By July 1, 1996, and each succeeding year, the county auditor shall certify for each municipality the amount equal to four percent of the municipality's current year total residential homestead tax capacity multiplied by the local tax rate. (5) By August 1, 1996, and each succeeding year, the metropolitan council shall notify each municipality of its "affordable and life-cycle housing opportunities required amount" equal to the lesser of the amount certified under clause (4) or the amount, if any, by which the net tax capacity excess amount for the current year exceeds the amount for taxes payable in 1995, multiplied by the municipality's local tax rate certified in clause (3).
Subd. 3. [AFFORDABLE AND LIFE-CYCLE HOUSING REQUIREMENT.] (a) A municipality that is determined by the council to have met its affordable and life-cycle housing goals in the previous year may retain the amount calculated under subdivision 2 to maintain existing affordable and life-cycle housing.
(b) A municipality that is determined by the council not to have met the affordable and life-cycle housing goals in the previous year, as negotiated and agreed to with the council, must do one of the following with the affordable and life-cycle housing opportunities amount determined under subdivision 2: (1) distribute it to the local housing incentives account; (2) distribute it to the housing and redevelopment authority of the city or county in which the municipality is located to create affordable and life-cycle housing opportunities in the municipality; or (3) use it to create affordable and life-cycle housing opportunities as approved by the council. A municipality may escrow the amount calculated under subdivision 2 for a period of up to three years. During the third year, the municipality must demonstrate to the council that it is expending the funds to create affordable and life-cycle housing opportunities. A municipality may enter into agreements with adjacent municipalities to cooperatively provide affordable and life-cycle housing. The housing may be provided in any of the cooperating municipalities, but must meet the combined housing goals of each participating municipality.
(c) If a municipality can demonstrate to the council that it is already expending an amount equal to or greater than the amount calculated under subdivision 2 on affordable and life-cycle housing, the municipality is not required to expend any additional levels to meet the affordable and life-cycle housing goals established under subdivision 1.
Subd. 4. [SOURCES OF FUNDS.] (a) The council shall credit to the local housing incentives account any revenues derived from municipalities under subdivision 3, paragraph (b), clause (1).
(b) The council shall credit $1,000,000 of the proceeds of solid waste bonds issued by the council under Minnesota Statutes, section 473.831, before its repeal, to the local housing incentives account in the metropolitan livable communities fund. In 1998 and each year thereafter, the council shall credit $1,000,000 of the revenues generated by the levy authorized in section 473.249 to the local housing incentives account.
Subd. 5. [DISTRIBUTION OF FUNDS.] The funds in the account must be distributed annually by the council, in consultation with the metropolitan livable communities advisory board, to municipalities:
(1) that have not met their affordable and life-cycle housing goals as determined by the council;
(2) are actively funding projects designed to help meet the goals; and
(3) whose contribution levy exceeds its distribution levy by more than $200 per household according to the most recent population estimates determined by the metropolitan council.
The funds distributed by the council must be matched on a dollar-for-dollar basis by the municipality receiving the funds. When distributing funds in the account, the council must give priority to those municipalities that demonstrate the proposed project will link employment opportunities with affordable housing and to those municipalities that provide matching funds from a source other than the required amount under subdivision 2. For the purposes of this subdivision, "municipality" means a statutory or home rule charter city or town in the metropolitan area.
Subd. 6. [REPORTING REQUIREMENT.] Beginning January 15, 1998, and annually thereafter, each municipality must report to the council the following:
(1) the tax revenues defined in subdivision 2 that were levied in the prior year;
(2) the portion of the revenues that were spent on meeting the municipality's affordable and life-cycle housing goals; and
(3) information on how the expenditures directly support the municipality's efforts to meet its affordable and life-cycle housing goals.
The council shall verify each municipality's compliance with this subdivision.
Sec. 6. [PROGRAM EVALUATION.]
The metropolitan council shall submit a report to the legislature by January 15, 2003, evaluating the metropolitan livable communities act. The report must include an accounting of the funds credited to the tax base revitalization account, the livable communities demonstration account, and the local housing incentives account, a summary of how the funds were spent, an analysis of the costs and benefits of the program, and recommendations for future legislative action regarding the program.
Sec. 7. [2025 REPORT.]
The metropolitan council shall report to the legislature by January 15, 1996, on the probable development patterns in and affecting the metropolitan area by the year 2025 under various scenarios, including the present course of growth versus directed, compact, and efficient development. The report should consider impacts on the greater metropolitan region, including within it counties in which five percent or more of residents commute to employment in the present metropolitan region or which are part of the metropolitan area as defined by the U.S. Department of Commerce Standard Metropolitan Statistical Area.
Sec. 8. [APPLICATION.]
This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 9. [EFFECTIVE DATE.]
This article is effective the day after final enactment. Section 4 is effective for taxes levied in 1995 and payable in 1996, and subsequent years.
Section 1. Minnesota Statutes 1994, section 116J.556, is amended to read:
116J.556 [LOCAL MATCH REQUIREMENT.]
(a) In order to qualify for a grant under sections 116J.551 to 116J.557, the municipality must pay for at least one-half of the project costs as a local match. The municipality shall pay an amount of the project costs equal to at least 18 percent of the cleanup costs from the municipality's general fund, a property tax levy for that purpose, or other unrestricted money available to the municipality (excluding tax increments). These unrestricted moneys may be spent for project costs, other than cleanup costs, and qualify for the local match payment equal to 18 percent of cleanup costs. The rest of the local match may be paid with tax increments, regional, state, or federal money available for the redevelopment of brownfields or any other money available to the municipality.
(b) If the development authority establishes a tax increment financing district or hazardous substance subdistrict on the site to pay for part of the local match requirement, the district or subdistrict is not subject to the state aid reductions under section 273.1399. In order to qualify for the exemption from the state aid reductions, the municipality must elect, by resolution, on or before the request for certification is filed that all tax increments from the district or subdistrict will be used exclusively to pay (1) for project costs for the site and (2) administrative costs for the district or subdistrict. The district or subdistrict must be decertified when an amount of tax increments equal to no more than three times the costs of implementing the response action plan for the site and the administrative costs for the district or subdistrict have been received, after deducting the amount of the state grant.
Sec. 2. Minnesota Statutes 1994, section 473.167, subdivision 2, is amended to read:
Subd. 2. [LOANS FOR ACQUISITION.] The council may make loans to counties, towns, and statutory and home rule charter cities within the metropolitan area for the purchase of property within the right-of-way of a state trunk highway shown on an official map adopted pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed right-of-way of a principal or intermediate arterial highway designated by the council as a part of the metropolitan highway system plan and approved by the council pursuant to subdivision 1. The loans shall be made by the council, from the fund established pursuant to this subdivision, for purchases approved by the council. The loans shall bear no interest. The council shall make loans only: (1) to accelerate the acquisition of primarily undeveloped property when there is a reasonable probability that the property will increase in value before highway construction, and to update an expired environmental impact statement on a project for which the right-of-way is being purchased; (2) to avert the imminent conversion or the granting of approvals which would allow the conversion of property to uses which would jeopardize its availability for highway construction; or (3) to advance planning and environmental activities on highest priority major metropolitan river crossing projects, under the transportation development guide chapter/policy plan. The council shall not make loans for the purchase of property at a price which exceeds the fair market value of the property or which includes the costs of relocating or moving persons or property. A private property owner may elect to receive the purchase price either in a lump sum or in not more than four annual installments without interest on the deferred installments. If the purchase agreement provides for installment payments, the council shall make the loan in installments corresponding to those in the purchase agreement. The recipient of an acquisition loan shall convey the property for the construction of the highway at the same price which the recipient paid for the property. The price may include the costs of preparing environmental documents that were required for the acquisition and that were paid for with money that the recipient received from the loan fund. Upon notification by the council that the plan to construct the highway has been abandoned or the anticipated location of the highway changed, the recipient shall sell the property at market value in accordance with the procedures required for the disposition of the property. All rents and other money received because of the recipient's ownership of the property and all proceeds from the conveyance or sale of the property shall be paid to the council. If a recipient is not permitted to include in the conveyance price the cost of preparing environmental documents that were required for the acquisition, then the recipient is not required to repay the council an amount equal to 40 percent of the money received from the loan fund and spent in preparing the environmental documents. The proceeds of the tax authorized by subdivision 3 and distributed to the right-of-way acquisition loan fund pursuant
to subdivision 3a, paragraph (a), all money paid to the
council by recipients of loans, and all interest on the proceeds
and payments shall be maintained as a separate fund. For
administration of the loan program, the council may expend from
the fund each year an amount no greater than three percent of the
amount of the authorized levy proceeds distributed to
the right-of-way acquisition loan fund pursuant to subdivision
3a, paragraph (a), for that year.
Sec. 3. Minnesota Statutes 1994, section 473.167, subdivision 3, is amended to read:
Subd. 3. [TAX.] The council may levy a tax on all taxable
property in the metropolitan area, as defined in section 473.121,
to provide funds for loans made pursuant to subdivisions 2 and 2a
and for the tax base revitalization account in the
metropolitan livable communities fund, established under section
473.252. This tax for the right-of-way acquisition loan fund
and the tax base revitalization account shall be certified
by the council, levied, and collected in the manner provided by
section 473.13. The tax shall be in addition to that authorized
by section 473.249 and any other law and shall not affect the
amount or rate of taxes which may be levied by the council or any
metropolitan agency or local governmental unit. The amount of
the levy shall be as determined and certified by the council,
except as otherwise provided in this subdivision.
The property tax levied by the metropolitan council for the right-of-way acquisition loan fund and the tax base revitalization account shall not exceed the following amount for the years specified:
(a) for taxes payable in 1988, the product of 5/100 of one mill multiplied by the total assessed valuation of all taxable property located within the metropolitan area as adjusted by the provisions of Minnesota Statutes 1986, sections 272.64; 273.13, subdivision 7a; and 275.49;
(b) for taxes payable in 1989, except as provided in section 473.249, subdivision 3, the product of (1) the metropolitan council's property tax levy limitation for the right-of-way acquisition loan fund for the taxes payable year 1988 determined under clause (a) multiplied by (2) an index for market valuation changes equal to the assessment year 1988 total market valuation of all taxable property located within the metropolitan area divided by the assessment year 1987 total market valuation of all taxable property located within the metropolitan area;
(c) for taxes payable in 1990, an amount not to exceed $2,700,000; and
(d) for taxes payable in 1991 and subsequent years, the product of (1) the metropolitan council's property tax levy limitation for the right-of-way acquisition loan fund for the taxes payable in 1988 determined under clause (a) multiplied by (2) an index for market valuation changes equal to the total market valuation of all taxable property located within the metropolitan area for the current taxes payable year divided by the total market valuation of all taxable property located within the metropolitan area for taxes payable in 1988.
For the purpose of determining the metropolitan council's property tax levy limitation for the right-of-way acquisition loan fund and tax base revitalization account in the metropolitan livable communities fund, under section 473.252, for the taxes payable year 1988 and subsequent years under this subdivision, "total market valuation" means the total market valuation of all taxable property within the metropolitan area without valuation adjustments for fiscal disparities (chapter 473F), tax increment financing (sections 469.174 to 469.179), and high voltage transmission lines (section 273.425).
The property tax levied under this subdivision for taxes
payable in 1988 and subsequent years shall not be levied at a
rate higher than that determined by the metropolitan council to
be sufficient, considering the other anticipated revenues of and
disbursements from the right-of-way acquisition loan fund, to
produce a balance in the loan fund at the end of the next
calendar year equal to twice the amount of the property tax levy
limitation for taxes payable in the next calendar year determined
under this section.
Sec. 4. Minnesota Statutes 1994, section 473.167, is amended by adding a subdivision to read:
Subd. 3a. [DISTRIBUTION OF TAX PROCEEDS.] (a) Right-of-way acquisition loan fund. Tax proceeds shall first be deposited into the right-of-way acquisition loan fund in an amount determined by the metropolitan council to be sufficient, considering the other anticipated revenues of and disbursements from the right-of-way acquisition loan fund, to produce a balance in the loan fund at the end of the next calendar year equal to twice the amount of the property tax levy limitation for taxes payable in the next calendar year determined under subdivision 3.
(b) Metropolitan livable communities tax base revitalization account. Any tax proceeds not first deposited into the right-of-way acquisition loan fund shall be distributed to the tax base revitalization account in the metropolitan livable communities fund, established under section 473.252.
Sec. 5. Minnesota Statutes 1994, section 473.711, subdivision 2, is amended to read:
Subd. 2. [BUDGET; TAX LEVY.] (a) Budget. The metropolitan mosquito control commission shall prepare an annual budget. The budget may provide for expenditures in an amount not exceeding the property tax levy limitation determined in this subdivision.
(b) Tax Levy. The commission may levy a tax on all
taxable property in the district as defined in section 473.702 to
provide funds for the purposes of sections 473.701 to 473.716.
The tax shall not exceed the property tax levy limitation
determined in this subdivision. A participating county may agree
to levy an additional tax to be used by the commission for the
purposes of sections 473.701 to 473.716 but the sum of the
county's and commission's taxes may not exceed the county's
proportionate share of the property tax levy limitation
determined under this subdivision based on the ratio of its total
net tax capacity to the total net tax capacity of the entire
district as adjusted by section 270.12, subdivision 3. The
auditor of each county in the district shall add the amount of
the levy made by the district to other taxes of the county for
collection by the county treasurer with other taxes. When
collected, the county treasurer shall make settlement of the tax
with the district in the same manner as other taxes are
distributed to political subdivisions. No county shall levy any
tax for mosquito, disease vectoring tick, and black gnat
(Simuliidae) control except under sections 473.701 to
473.716 this section. The levy shall be in addition
to other taxes authorized by law.
The property tax levied by the metropolitan mosquito control commission shall not exceed the following amount for the years specified:
(i) for taxes payable in 1996, 50 percent of the product
of (1) the commission's property tax levy limitation for the
previous year determined under this subdivision multiplied by (2)
an index for market valuation changes equal to the total market
valuation of all taxable property located within the district for
the current assessment taxes payable year divided
by the total market valuation of all taxable property located
within the district for the previous assessment taxes
payable year; and
(ii) for taxes payable in 1997 and subsequent years, the product of (1) the commission's property tax levy limitation for the previous year determined under this subdivision multiplied by (2) an index for market valuation changes equal to the total market valuation of all taxable property located within the district for the current taxes payable year divided by the total market valuation of all taxable property located within the district for the previous taxes payable year.
For the purpose of determining the commission's property tax levy limitation under this subdivision, "total market valuation" means the total market valuation of all taxable property within the district without valuation adjustments for fiscal disparities (chapter 473F), tax increment financing (sections 469.174 to 469.179), and high voltage transmission lines (section 273.425).
(c) Homestead and Agricultural Credit Aid. For aids payable in 1996 and subsequent years, the commission's homestead and agricultural credit aid base under section 273.1398, subdivision 1, is permanently reduced by 50 percent of the amount certified to be received in 1995, less any permanent aid reduction in 1995 under section 477A.0132.
(d) Emergency Tax Levy. If the commissioner of the department of health declares a health emergency due to a threatened or actual outbreak of disease caused by mosquitos, disease vectoring ticks, or black gnats (Simuliidae), the commission may levy an additional tax not to exceed $500,000 on all taxable property in the district to pay for the required control measures.
(e) Optional County Levy. A participating county may levy a tax in an amount to be determined by the county board for mosquito, disease vectoring tick, and black gnat (Simuliidae) nuisance control. If the county levies the tax for nuisance control, it must contract with the commission to provide for nuisance control activities within the county. The levy for nuisance control shall be in addition to other levies authorized by law to the county.
Sec. 6. Minnesota Statutes 1994, section 473F.08, subdivision 3a, is amended to read:
Subd. 3a. Beginning in 1987 and each subsequent year through 1998, the city of Bloomington shall determine the interest payments for that year for the bonds which have been sold for the highway improvements pursuant to Laws 1986, chapter 391, section 2, paragraph (g). Effective for property taxes payable in 1988 through property taxes payable in 1999, after the Hennepin county auditor has computed the areawide portion of the levy for the city of
Bloomington pursuant to subdivision 3, clause (a), the auditor
shall annually add a dollar amount to the city of Bloomington's
areawide portion of the levy equal to the amount which has been
certified to the auditor by the city of Bloomington for the
interest payments for that year for the bonds which were sold for
highway improvements. The total areawide portion of the levy for
the city of Bloomington including the additional amount for
interest repayment certified pursuant to this subdivision shall
be certified by the Hennepin county auditor to the administrative
auditor pursuant to subdivision 5. The Hennepin county auditor
shall distribute to the city of Bloomington the additional
areawide portion of the levy computed pursuant to this
subdivision at the same time that payments are made to the other
counties pursuant to subdivision 7a. For property taxes payable
from the year 2000 2006 through 2009
2020, the Hennepin county auditor shall adjust
Bloomington's contribution to the areawide gross tax capacity
upward each year by a value equal to ten percent
one-fifteenth of the total additional areawide levy
distributed to Bloomington under this subdivision from 1988 to
1999, divided by the areawide tax rate for taxes payable in the
previous year.
Sec. 7. Minnesota Statutes 1994, section 473F.08, is amended by adding a subdivision to read:
Subd. 3b. [LIVABLE COMMUNITIES FUND.] (a) The Hennepin county auditor shall certify the city of Bloomington's interest payments for 1988 for the bonds which were sold for highway improvements pursuant to Laws 1986, chapter 391, section 2, paragraph (g), and which were certified as an addition to the city of Bloomington's areawide levy for taxes payable in 1989.
(b) For taxes payable in 1996 through taxes payable in 1999, the Hennepin county auditor shall certify the amount calculated by subtracting the amount certified under subdivision 3a from the amount in paragraph (a). For taxes payable in 2000 and subsequent years, the Hennepin county auditor shall certify the amount calculated in paragraph (a).
(c) The metropolitan council may annually certify to the Ramsey county auditor the amount calculated under paragraph (b), or a lesser amount, to be used to provide funds for the cleanup of polluted lands in the metropolitan area.
(d) The amount certified under paragraph (c) shall be certified annually by the Ramsey county auditor to the administrative auditor as an addition to the metropolitan council's areawide levy under subdivision 5.
Sec. 8. [MOSQUITO CONTROL COMMISSION EMPLOYEES.]
Nothing in this act shall be construed as abrogating or modifying any rights enjoyed by the employees of the commission under the terms of a collective bargaining agreement that is in effect on March 1, 1995.
Sec. 9. [CITATION.]
This act may be cited as "the metropolitan livable communities act."
Sec. 10. [APPLICATION.]
This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 11. [EFFECTIVE DATES.]
This article is effective the day after final enactment. Sections 3, 5 and 7 are effective for taxes levied in 1995 payable in 1996 and subsequent years.
Section 1. Minnesota Statutes 1994, section 290.01, subdivision 19b, is amended to read:
Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For individuals, estates, and trusts, there shall be subtracted from federal taxable income:
(1) interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;
(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;
(3) the amount paid to others not to exceed $650 for each dependent in grades kindergarten to 6 and $1,000 for each dependent in grades 7 to 12, for tuition, textbooks, and transportation of each dependent in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363. As used in this clause, "textbooks" includes books and other instructional materials and equipment used in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. In order to qualify for the subtraction under this clause the taxpayer must elect to itemize deductions under section 63(e) of the Internal Revenue Code;
(4) to the extent included in federal taxable income, distributions from a qualified governmental pension plan, an individual retirement account, simplified employee pension, or qualified plan covering a self-employed person that represent a return of contributions that were included in Minnesota gross income in the taxable year for which the contributions were made but were deducted or were not included in the computation of federal adjusted gross income. The distribution shall be allocated first to return of contributions until the contributions included in Minnesota gross income have been exhausted. This subtraction applies only to contributions made in a taxable year prior to 1985;
(5) income as provided under section 290.0802;
(6) the amount of unrecovered accelerated cost recovery system deductions allowed under subdivision 19g;
(7) to the extent included in federal adjusted gross income,
income realized on disposition of property exempt from tax under
section 290.491; and
(8) to the extent not deducted in determining federal taxable income, the amount paid for health insurance of self-employed individuals as determined under section 162(l) of the Internal Revenue Code, except that the 25 percent limit does not apply. If the taxpayer deducted insurance payments under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:
(i) the total itemized deductions allowed under section 63(d) of the Internal Revenue Code, less state, local, and foreign income taxes deductible under section 164 of the Internal Revenue Code and the standard deduction under section 63(c) of the Internal Revenue Code; or
(ii) the lesser of (A) the amount of insurance qualifying as "medical care" under section 213(d) of the Internal Revenue Code to the extent not deducted under section 162(l) of the Internal Revenue Code or excluded from income or (B) the total amount deductible for medical care under section 213(a); and
(9) the exemption amount allowed under section 4, subdivision 3.
Sec. 2. Minnesota Statutes 1994, section 297A.15, is amended by adding a subdivision to read:
Subd. 7. [REFUND FOR HOUSING; APPROPRIATION.] The tax on the gross receipts from the sale of items exempt under section 297A.25, subdivision 60, must be imposed and collected as if the sale were taxable and the rates under sections 297A.02, subdivision 1, and 297A.021 applied.
Upon application by the purchaser on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the building materials and supplies must be paid to the purchaser. In the case of building materials and supplies in which the tax was paid by a contractor, subcontractor, or builder, application must be made by the purchaser for the sales tax paid by the contractor. The application must include sufficient information to permit the commissioner to verify the sales tax paid for the project. The application must include certification that the housing meets the definition of affordable housing for at least 15 years after completion of construction or rehabilitation. The contractor, subcontractor, or builder must furnish to the purchaser a statement of the cost of building materials and supplies and the sales taxes paid on them. The amount required to make the refunds is annually appropriated to the commissioner.
Sec. 3. Minnesota Statutes 1994, section 297A.25, is amended by adding a subdivision to read:
Subd. 60. [CONSTRUCTION MATERIALS FOR AFFORDABLE HOUSING.] Construction materials and supplies are exempt, regardless of whether purchased by the owner, or by a contractor, subcontractor, or builder, if:
(1) the material and supplies are used or consumed in constructing or rehabilitating affordable permanent housing;
(2) all or a portion of the housing units are financed by public assistance;
(3) the property is owned by a public agency or nonprofit organization, or the general partner is a public agency, or owned and financed by a statutory or home rule charter city or housing and redevelopment authority; and
(4) the housing units are located in the developing area of the Twin Cities metropolitan area, as defined by the metropolitan council.
For the purpose of this subdivision, "public assistance" means section 8 of the United States Housing Act of 1937, as amended, or low income housing credits under section 42 of the Internal Revenue Code of 1986, as amended.
This exemption only applies to construction materials and supplies used to construct housing units that meet the definition of low income housing under the public assistance program. The Minnesota housing finance agency must certify to the housing owner that the housing units meet this requirement.
Sec. 4. [URBAN HOMESTEADING PROGRAM.]
Subdivision 1. [URBAN REVITALIZATION AND STABILIZATION ZONES.] By September 1, 1995, the metropolitan council shall designate one or more urban revitalization and stabilization zones in the metropolitan area, as defined in section 473.121, subdivision 2. The designated zones must contain no more than 1,000 single family homes in total. In designating urban revitalization and stabilization zones, the council shall choose areas that are in transition toward blight and poverty. The council shall use indicators that evidence increasing neighborhood distress such as declining residential property values, declining resident incomes, declining rates of owner-occupancy, and other indicators of blight and poverty in determining which areas are to be urban revitalization and stabilization zones.
Subd. 2. [PROGRAM ELIGIBILITY.] Any person buying and occupying a home within the boundaries of an urban revitalization and stabilization zone after September 1, 1995, is eligible to participate in the urban homesteading program. An owner may participate by filing an application with the county assessor of the county in which the homestead is located. The assessor shall provide written verification that the homestead is within an urban revitalization and stabilization zone to the owner in a form and manner prescribed by the commissioner of revenue. The form shall include the date on which the owner purchased the property, the date on which the owner applied for the urban homesteading program, and shall indicate if the property has been found to be not in compliance with applicable building codes, and the dates of inspections. The form shall also indicate if the owner has been convicted of a felony or a gross misdemeanor in the previous ten years. Each year, the county assessor shall use the computerized criminal history system maintained by the bureau of criminal apprehension under Minnesota Statutes, section 299C.11, to verify that a participant has not been convicted of a felony or a gross misdemeanor in the previous ten years. An owner shall become ineligible for the program if any of the following occurs:
(1) the property is sold or otherwise transferred to another party;
(2) the property is found not to be in compliance with applicable building codes, provided that at least three years have passed since the owner filed for participation in the program;
(3) the owner ceases to occupy the property; or
(4) any of the owners of the property are convicted of a gross misdemeanor or a felony.
Subd. 3. [TAX BENEFITS.] Individuals participating in the urban homesteading program shall receive an exemption from Minnesota taxable income for each full tax year during which eligibility under subdivision 2 is mandated, beginning in the first full tax year following the filing of an application with the county assessor. Eligibility may continue for a maximum of five years, provided that the individual does not become ineligible for the program under subdivision 2. The maximum exemption amount shall equal $15,000 for married individuals filing joint returns
and surviving spouses as defined in section 2(a) of the Internal Revenue Code, $10,000 for unmarried individuals, and $12,500 for unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code. The maximum exemption amount shall be reduced by two percent of the maximum exemption amount for each $1,000 of adjusted gross income or part thereof above an income threshold. For purposes of this subdivision, adjusted gross income means federal adjusted gross income as defined in section 62 of the Internal Revenue Code. The income threshold shall equal $60,000 for married individuals filing joint returns and surviving spouses, $40,000 for unmarried individuals, and $50,000 for unmarried individuals qualifying as a head of household.
Subd. 4. [EXPIRATION.] Applications for the urban homesteading program shall not be accepted after July 1, 1997.
Subd. 5. [INFORMATION TO POTENTIAL BUYERS.] The metropolitan council shall market and promote the urban homestead program to the extent feasible, but such efforts shall at least include informing area realtors or realtor associations about the program.
Subd. 6. [REPORTS.] The metropolitan council shall make an initial report to the legislature by January 1, 1998, on the urban homesteading program. The initial report shall contain information on designation of zones, participation rates, and current and projected future costs of providing state income tax exemptions to program participants.
The metropolitan council shall make full reports to the legislature by January 1, 2000, and January 1, 2003, on the urban homesteading program. The full reports shall include information on those subjects covered by the initial report, as well as information on neighborhood impacts, property values, resident incomes, rates of owner-occupancy, and other indicators of poverty and blight.
Sec. 5. [APPLICATION.]
Sections 2, 3, and 4 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington.
Sec. 6. [EFFECTIVE DATES.]
Section 1 is effective for tax years beginning after December 31, 1995. Sections 2 and 3 are effective for sales made after June 30, 1995."
Delete the title and insert:
"A bill for an act relating to metropolitan government; establishing the metropolitan livable communities advisory board; establishing the metropolitan livable communities fund and providing for fund distribution; reducing the levy authority of the metropolitan mosquito control commission; extending the time period for certain contributions to the areawide tax base by the city of Bloomington; providing for certain revenue sharing; establishing an urban homestead program; providing certain tax incentives for certain housing; appropriating money; amending Minnesota Statutes 1994, sections 116J.556; 290.01, subdivision 19b; 297A.15, by adding a subdivision; 297A.25, by adding a subdivision; 473.167, subdivisions 2, 3, and by adding a subdivision; 473.711, subdivision 2; and 473F.08, subdivision 3a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Rest from the Committee on Taxes to which was referred:
H. F. No. 1808, A bill for an act relating to public finance; changing procedures for allocating bonding authority; amending Minnesota Statutes 1994, sections 474A.03, subdivisions 1 and 4; 474A.061, subdivisions 2a, 2c, 4, and 6; 474A.091, subdivisions 3 and 5; and 474A.131, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 462C.01, is amended to read:
462C.01 [AUTHORIZATION.]
A city may develop and administer programs of (1) making or
purchasing mortgage or rehabilitation loans pursuant to section
462C.03 to finance the acquisition or rehabilitation of single
family housing by low and moderate income persons and families
anywhere within its boundaries, or (2) making or purchasing loans
pursuant to section 462C.05 to finance multifamily housing
developments or the rehabilitation of multifamily housing
developments upon the following conditions:
(a) The city develops a housing plan as required by section
462C.03;
(b) A public hearing is held thereon after one publication
of notice in a newspaper circulating generally in the city, at
least 30 days before the hearing, after which the plan may be
adopted by resolution of the governing body with or without
amendment;
(c) The plan is submitted for review pursuant to section
462C.04, subdivision 1; and
(d) Each if the program provided for in the
plan is submitted for review pursuant to section 462C.04,
subdivision 2.
Sec. 2. Minnesota Statutes 1994, section 462C.02, subdivision 3, is amended to read:
Subd. 3. "Program" means an individual component of the
a city's overall program for housing plan for which
one or more issues of revenue bonds or obligations is
proposed.
Sec. 3. Minnesota Statutes 1994, section 462C.04, subdivision 2, is amended to read:
Subd. 2. [PROGRAM REVIEW.] A public hearing shall be held on each program after one publication of notice in a newspaper circulating generally in the city, at least 15 days before the hearing. On or before the day on which notice of the public hearing is published, the city shall submit the program to the metropolitan council, if the city is located in the metropolitan area as defined in section 473.121, subdivision 2, or to the regional development commission for the area in which the city is located, if any, for review and comment. The appropriate reviewing agency shall comment on:
(a) whether the program is consistent with the housing plan
of the city; and
(b) whether the program furthers local and regional
housing policies and is consistent with the metropolitan
development guide, if the city is located in the metropolitan
area, or adopted policies of the regional development
commission; and
(b) the compatability of the program with the housing portion of the comprehensive plan of the city, if any.
Review of the program may be conducted either by the board of the reviewing agency or by the staff of the agency. Any comment submitted by the reviewing agency to the city must be presented to the body considering the proposed program at the public hearing held on the program.
A member or employee of the reviewing agency shall be permitted to present the comments of the reviewing agency at the public hearing. After conducting the public hearing, the program may be adopted with or without amendment, provided that any amendments must not be inconsistent with the comments, if any, of the reviewing agency and must not contain any material changes from the program submitted to the reviewing agency other than changes in the financial aspects of any proposed issue of bonds or obligations. If any material change other than a change in the financial aspects of a proposed issue of bonds or obligations, or any change which is inconsistent with the comments of the reviewing agency is adopted, the amended program shall be resubmitted to the appropriate reviewing agency for review and comment, and a public hearing shall be held on the amended program after one publication of notice in a newspaper circulating generally in the city at least 15 days before the hearing. The amended program shall be considered after the public hearing in the same manner as consideration of the initial program.
Sec. 4. Minnesota Statutes 1994, section 462C.04, subdivision 3, is amended to read:
Subd. 3. [CITY REPORT.] Within 30 days after the bonds are issued for a housing program, the city shall submit a report to the Minnesota housing finance agency, the metropolitan council if the city is located within the metropolitan area as defined in section 473.121, subdivision 2, or the appropriate regional development commission. The report must include a program description, the amount of bonds issued, the income limits, and the rent levels.
Sec. 5. Minnesota Statutes 1994, section 462C.071, subdivision 2, is amended to read:
Subd. 2. [LIMITATION; ORIGINATION PERIOD.] During the first ten months of an origination period, a city may make loans financed with proceeds of mortgage bonds for the purchase of existing housing. Loans financed with the proceeds of mortgage bonds for new housing in the metropolitan area may be made during the first ten months of an origination period only if at least one of the following conditions is met:
(1) the new housing is located in a redevelopment area;
(2) the new housing is replacing a structurally substandard structure or structures;
(3) the new housing is located on a parcel purchased by the
city or conveyed to the city under section 282.01, subdivision 1;
or
(4) the new housing is part of a housing affordability initiative, other than those financed with the proceeds from the sale of bonds, in which federal, state, or local assistance is used to substantially improve the terms of the financing or to substantially write down the purchase price of the new housing; or
(5) the new housing is located in a city that has entered into a housing affordability agreement with the metropolitan council.
Upon expiration of the first ten-month period, a city may make loans financed with the proceeds of mortgage bonds for the purchase of new and existing housing.
Sec. 6. Minnesota Statutes 1994, section 474A.03, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL VOLUME CAP UNDER FEDERAL TAX LAW; POOL ALLOCATIONS.] At the beginning of each calendar year after December 31, 1991, the commissioner shall determine the aggregate dollar amount of the annual volume cap under federal tax law for the calendar year, and of this amount the commissioner shall make the following allocation:
(1) $65,000,000 $55,000,000 to the small issue
pool;
(2) $46,000,000 $56,000,000 to the housing
pool, $37,000,000 of which is reserved until the day after the
first Monday in February for single-family housing
programs;
(3) $10,000,000 to the public facilities pool; and
(4) amounts to be allocated as provided in subdivision 2a.
If the annual volume cap is greater or less than the amount of bonding authority allocated under clauses (1) to (4) and subdivision 2a, paragraph (a), clauses (1) to (4), the allocation must be adjusted so that each adjusted allocation is the same percentage of the annual volume cap as each original allocation is of the total bonding authority originally allocated.
Sec. 7. Minnesota Statutes 1994, section 474A.03, subdivision 4, is amended to read:
Subd. 4. [APPLICATION FEE.] Every entitlement issuer and other issuer shall pay to the commissioner a nonrefundable application fee to offset the state cost of program administration. The application fee is $20 for each $100,000 of entitlement or allocation requested, with the request rounded to the nearest $100,000. The minimum fee is $20. Fees received by the commissioner must be credited to the general fund. Application fees for projects of entitlement issuers must be submitted to the commissioner with the notice of issuance of bonds, notice of use of mortgage credit certificates, and notice of carry forward.
Sec. 8. Minnesota Statutes 1994, section 474A.061, subdivision 2a, is amended to read:
Subd. 2a. [HOUSING POOL ALLOCATION.] (a) On the first business
day that falls on a Monday of the calendar year,
and the first Monday in February, the first Monday in
March, and the first Monday in April, the commissioner shall
allocate available bonding authority in the housing pool to
applications received by the Monday of the previous week for
residential rental projects that are not restricted to persons
who are 55 years of age or older and that meet
the eligibility criteria under section 474A.047. If an issuer that receives an allocation under this paragraph does not issue obligations equal to all or a portion of the allocation received within 120 days of the allocation or returns the allocation to the commissioner, the amount of the allocation is canceled and returned for reallocation through the housing pool.
(b) After April February 1, and through
April February 15, the Minnesota housing finance
agency may accept applications from cities for single-family
housing programs which meet program requirements as follows:
(1) the housing program must meet a locally identified housing need and be economically viable;
(2) the adjusted income of home buyers may not exceed the greater of the agency's income limits or 80 percent of the area median income as published by the Department of Housing and Urban Development;
(3) house price limits may not exceed:
(i) the greater of agency house price limits or the federal price limits for housing up to a maximum of $95,000; or
(ii) for a new construction affordability initiative, the greater of 115 percent of agency house price limits or 90 percent of the median purchase price in the city for which the bonds are to be sold up to a maximum of $95,000.
Data establishing the median purchase price in the city must be included in the application by a city requesting house price limits higher than the housing finance agency's house price limits;
(4) the housing program meets the requirements of section 474A.048; and
(5) an application deposit equal to one percent of the requested allocation must be submitted with the city's signed allocation agreement. The agency shall submit the city's application and application deposit to the commissioner when requesting an allocation from the housing pool.
Applications by a consortium shall include the name of each member of the consortium and the amount of allocation requested by each member.
The Minnesota housing finance agency may accept applications
from July 1 June 15 through July 15 June
30 from cities for single-family housing programs which meet
program requirements specified under clauses (1) to (5) if
bonding authority is available in the housing pool. The
agency and a representative for each applicant shall negotiate
the terms of an agreement regarding the allocation of available
authority among the applicants. The agreement
agency must allot available bonding authority among the
applicants. For purposes of paragraphs (a) to (d), "city"
means a county or a consortium of local government
units that agree through a joint powers agreement to apply
together for single-family housing programs, and has the
meaning given it in section 462C.02, subdivision 6,
and. "Agency" means the Minnesota housing finance
agency.
(b) Upon reaching agreement with participating cities, the
agency shall forward the agreement and application deposit checks
to the commissioner. The agreement must specify the amounts
allotted to each applicant.
(c) The total amount of allocation for mortgage bonds for one city is limited to the lesser of: (i) the amount requested, or (ii) the product of the total amount available for mortgage bonds from the housing pool, multiplied by the ratio of each applicant's population as determined by the most recent estimate of the city's population released by the state demographer's office to the total of all the applicants' population, except that each applicant shall be allocated a minimum of $100,000 regardless of the amount requested or the amount determined under the formula in clause (ii). If a city applying for an allocation is located within a county that has also applied for an allocation, the city's population will be deducted from the county's population in calculating the amount of allocations under this paragraph.
Upon determining the amount of each applicant's allocation, the agency shall forward a list specifying the amounts allotted to each application and application deposit checks to the commissioner.
(d) The agency may issue bonds on behalf of
participating cities. The agency shall request an allocation
from the commissioner for all applicants who choose to have the
agency issue bonds on their behalf and the commissioner shall
allocate the requested amount to the agency. The agency may
request an allocation at any time after the first Monday in
April February and through the last Monday in July,
but may request an allocation no later than the last Monday in
July. The commissioner shall return any application deposit to a
city that paid an application deposit under paragraph (a), clause
(5), but was not part of the agreement forwarded to the
commissioner under this paragraph.
(c) (e) A city may choose to issue bonds on its
own behalf or through a joint powers agreement or may use bonding
authority for mortgage credit certificates and may request an
allocation from the commissioner. If the total amount requested
by all applicants exceeds the amount available in the pool, the
city may not receive a greater allocation than the amount it
would have received under the agreement forwarded by the
Minnesota housing finance agency to the commissioner. No city
may request or receive an allocation from the commissioner until
the agreement list under paragraph (b)
(c) has been forwarded to the commissioner. On and after
the first Monday in April February and through the
last Monday in July, no city may receive an allocation from the
housing pool which has not first applied to the Minnesota housing
finance agency. The commissioner shall allocate the requested
amount to the city or cities subject to the limitations under
this paragraph.
(d) If a city issues mortgage bonds from an allocation
received under paragraph (c) (d), the issuer must
provide for the recycling of funds into new loans. If the issuer
is not able to provide for recycling, the issuer must notify the
commissioner in writing of the reason that recycling was not
possible and the reason the issuer elected not to have the
Minnesota housing finance agency issue the bonds. "Recycling"
means the use of money generated from the repayment and
prepayment of loans for further eligible loans or for the
redemption of bonds and the issuance of current refunding
bonds.
(e) The total amount of allocation for mortgage bonds or
mortgage credit certificates for one city is limited to the
lesser of (i) $4,000,000 or (ii) 20 percent of the total amount
available for allocation for mortgage bonds from the housing pool
on the first Tuesday after the first Monday in April.
(f) No city in an entitlement county may apply for or be allocated authority to issue bonds or use mortgage credit certificates from the housing pool.
(g) A city that does not use at least 50 percent of their
allotment by April 15 and at least $200,000 of their allotment
in the calendar year in which the allotment is made available
under paragraph (b), the date applications are due for the
first allocation that is made from the housing pool for
single-family housing programs in the immediately succeeding
calendar year may not apply to the housing pool for a
single-family mortgage bond or mortgage credit certificate
program allocation or receive an allotment under
from the housing pool agreement in the succeeding
two calendar year years. Each local
government unit in a consortium must meet the requirements of
this paragraph.
Sec. 9. Minnesota Statutes 1994, section 474A.061, subdivision 2c, is amended to read:
Subd. 2c. [PUBLIC FACILITIES POOL ALLOCATION.] From the beginning of the calendar year and continuing for a period of 120 days, the commissioner shall reserve $5,000,000 of the available bonding authority from the public facilities pool for applications for public facilities projects to be financed by the Western Lake Superior Sanitary District. From the beginning of the calendar year through the last Monday in July, the commissioner shall allocate available bonding authority from the public facilities pool on Monday of each week to applications for eligible public facilities projects received on or before the Monday of the preceding week. If there are two or more applications for public facilities projects from the pool and there is insufficient available bonding authority to provide allocations for all projects in any one week, the available bonding authority shall be awarded by lot unless otherwise agreed to by the respective issuers.
Sec. 10. Minnesota Statutes 1994, section 474A.061, subdivision 4, is amended to read:
Subd. 4. [RETURN OF ALLOCATION; DEPOSIT REFUND.] (a) If an
issuer that receives an allocation under this section determines
that it will not issue obligations equal to all or a portion of
the allocation received under this section within 90
120 days of allocation or within the time period permitted
by federal tax law, whichever is less, the issuer must notify the
department. If the issuer notifies the department or the
90-day 120-day period since allocation has expired
prior to the last Monday in July, the amount of allocation is
canceled and returned for reallocation through the pool from
which it was originally allocated. If the issuer notifies the
department or the 90-day 120-day period since
allocation has expired on or after the last Monday in July, the
amount of allocation is canceled and returned for reallocation
through the unified pool. If the issuer notifies the department
after the last Monday in November, the amount of allocation is
canceled and returned for reallocation to the Minnesota housing
finance agency.
(b) An issuer that returns for reallocation all or a portion of
an allocation received under this section within 90
120 days of allocation shall receive within 30 days a
refund equal to:
(1) one-half of the application deposit for the amount of bonding authority returned within 30 days of receiving allocation;
(2) one-fourth of the application deposit for the amount of bonding authority returned between 31 and 60 days of receiving allocation; and
(3) one-eighth of the application deposit for the amount of
bonding authority returned between 61 and 90 120
days of receiving allocation.
(c) No refund shall be available for allocations returned
90 120 or more days after receiving the allocation
or beyond the last Monday in November. This subdivision
does not apply to the Minnesota housing finance agency or the
Minnesota rural finance authority.
(d) Notwithstanding paragraph (a), the commissioner shall
extend the 90-day allocation period for an additional 30 days if
the issuer applies for an extension and submits an amount equal
to one-quarter of one percent of the allocation with the
application for an allocation, provided that the 30 days does not
extend the allocation period beyond the last Monday in
November.
Sec. 11. Minnesota Statutes 1994, section 474A.061, subdivision 6, is amended to read:
Subd. 6. [DEADLINE FOR ISSUANCE OF SMALL ISSUE BONDS.] If an
issuer fails to notify the department before the last Monday in
December of issuance of obligations pursuant to an allocation
received for a manufacturing small issue bond
project, the allocation is canceled and the bonding authority is
allocated to the department of finance for reallocation under
section 474A.091, subdivision 6.
Sec. 12. Minnesota Statutes 1994, section 474A.091, subdivision 3, is amended to read:
Subd. 3. [ALLOCATION PROCEDURE.] (a) The commissioner shall allocate available bonding authority under this section on the Monday of every other week beginning with the first Monday in August through and on the last Monday in November. Applications for allocations must be received by the department by the Monday preceding the Monday on which allocations are to be made. If a Monday falls on a holiday, the allocation will be made or the applications must be received by the next business day after the holiday.
(b) On or before September 1, allocations shall be awarded from the unified pool in the following order of priority:
(1) applications for enterprise zone facility bonds;
(2) applications for small issue bonds;
(3) applications for residential rental project bonds
mortgage bonds;
(4) applications for public facility projects funded by public facility bonds;
(5) applications for redevelopment bonds;
(6) applications for mortgage bonds residential
rental project bonds; and
(7) applications for governmental bonds.
Allocations for residential rental projects may only be made during the first allocation in August. The amount of allocation provided to an issuer for a specific manufacturing project will be based on the number of points received for the proposed project under the scoring system under section 474A.045. Proposed manufacturing projects that receive 50 points or more are eligible for all of the proposed allocation. Proposed manufacturing projects that receive less than 50 points under section 474A.045 are only eligible to receive a proportionally reduced share of the proposed authority, based upon the number of points received. If there are two or more applications for manufacturing projects from the unified pool and there is insufficient bonding authority to provide allocations for all manufacturing projects in any one allocation period, the available bonding authority shall be awarded based on the number of points awarded a project under section 474A.045 with those projects receiving the greatest number of points receiving allocation first.
(c)(1) On the first Monday in August, $5,000,000 of bonding authority is reserved within the unified pool for agricultural development bond loan projects of the Minnesota rural finance authority and $20,000,000 of bonding authority or an amount equal to the total annual amount of bonding authority allocated to the small issue pool under
section 474A.03, subdivision 1, less the amount allocated to issuers from the small issue pool for that year, whichever is less, is reserved within the unified pool for small issue bonds. On the first Monday in September, $2,500,000 of bonding authority or an amount equal to the total annual amount of bonding authority allocated to the public facilities pool under section 474A.03, subdivision 1, less the amount allocated to issuers from the public facilities pool for that year, whichever is less, is reserved within the unified pool for public facility bonds. If sufficient bonding authority is not available to reserve the required amounts for manufacturing projects and agricultural development bond loan projects, the remaining available bonding authority must be distributed between the two reservations on a pro rata basis, based upon the amounts each would have received if sufficient authority was available.
(2) The total amount of allocations for mortgage bonds from the housing pool and the unified pool may not exceed:
(i) $10,000,000 for any one city; or
(ii) $20,000,000 for any number of cities in any one county.
An allocation for mortgage bonds may be used for mortgage credit certificates.
After September 1, allocations shall be awarded from the unified pool only for the following types of qualified bonds: small issue bonds, public facility bonds to finance publicly owned facility projects, and enterprise zone facility bonds.
(d) If there is insufficient bonding authority to fund all projects within any qualified bond category, allocations shall be awarded by lot unless otherwise agreed to by the respective issuers. If an application is rejected, the commissioner must notify the applicant and return the application deposit to the applicant within 30 days unless the applicant requests in writing that the application be resubmitted. The granting of an allocation of bonding authority under this section must be evidenced by issuance of a certificate of allocation.
Sec. 13. Minnesota Statutes 1994, section 474A.091, subdivision 5, is amended to read:
Subd. 5. [RETURN OF ALLOCATION; DEPOSIT REFUND.] (a) If an
issuer that receives an allocation under this section determines
that it will not issue obligations equal to all or a portion of
the allocation received under this section within 90
120 days of the allocation or within the time period
permitted by federal tax law, whichever is less, the issuer must
notify the department. If the issuer notifies the department or
the 90-day 120-day period since allocation has
expired prior to the last Monday in November, the amount of
allocation is canceled and returned for reallocation through the
unified pool. If the issuer notifies the department on or after
the last Monday in November, the amount of allocation is canceled
and returned for reallocation to the Minnesota housing finance
agency.
(b) An issuer that returns for reallocation all or a portion of
an allocation received under this section within 90
120 days of the allocation shall receive within 30 days a
refund equal to:
(1) one-half of the application deposit for the amount of bonding authority returned within 30 days of receiving the allocation;
(2) one-fourth of the application deposit for the amount of bonding authority returned between 31 and 60 days of receiving the allocation; and
(3) one-eighth of the application deposit for the amount of
bonding authority returned between 61 and 90 120
days of receiving the allocation.
(c) No refund of the application deposit shall be available for allocations returned on or after the last Monday in November. This subdivision does not apply to the Minnesota housing finance agency, or the Minnesota rural finance authority.
(d) Notwithstanding paragraph (a), the commissioner shall
extend the 90-day allocation period for an additional 30 days if
the issuer applies for an extension and submits an amount equal
to one-quarter of one percent of the allocation with the
application for an allocation, provided that the 30 days does not
extend the allocation period beyond the last Monday in
November.
Sec. 14. Minnesota Statutes 1994, section 474A.131, subdivision 2, is amended to read:
Subd. 2. [CARRYFORWARD NOTICE.] If an issuer intends to carry
forward an allocation received under this chapter, it must notify
the department in writing before the last Monday of December.
If the written notice of carryforward is not provided within
the time required, one-quarter of the amount of the application
deposit eligible for refund upon filing of the notice of issue
under this section is forfeited.
Sec. 15. [TRANSFER.]
Any remaining balance of bonding authority in the small issue pool on the effective date of this section, up to and including $20,000,000 of bonding authority, is transferred from the small issue pool to the housing pool for use pursuant to Minnesota Statutes, section 474A.061, subdivision 2a, except that the Minnesota housing finance agency may accept applications between June 1, 1995, and June 7, 1995.
Sec. 16. [REPEALER.]
Minnesota Statutes 1994, sections 462C.02, subdivision 2; 462C.03, subdivisions 1 and 5; and 462C.04, subdivision 1, are repealed.
Sec. 17. [EFFECTIVE DATE.]
Sections 8 and 15 are effective the day following final enactment, provided that section 8, paragraph (g), applies to allocations made on or after the day following final enactment. Section 12 is effective January 1, 1996."
Delete the title and insert:
"A bill for an act relating to public finance; changing procedures for allocating bonding authority; changing provisions relating to housing programs and plans; amending Minnesota Statutes 1994, sections 462C.01; 462C.02, subdivision 3; 462C.04, subdivisions 2 and 3; 462C.071, subdivision 2; 474A.03, subdivisions 1 and 4; 474A.061, subdivisions 2a, 2c, 4, and 6; 474A.091, subdivisions 3 and 5; and 474A.131, subdivision 2; repealing Minnesota Statutes 1994, sections 462C.02, subdivision 2; 462C.03, subdivisions 1 and 5; and 462C.04, subdivision 1."
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. No. 1808 was read for the second time.
Opatz was excused for the remainder of today's session.
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.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today:
H. F. No. 1844; and S. F. Nos. 752 and 1051.
H. F. No. 1844 was reported to the House.
Van Dellen raised a point of order pursuant to rule 9.03 relating to deadlines. The Speaker ruled the point of order not well taken.
Van Dellen raised a point of order pursuant to rule 5.08 relating to finance and revenue bills. The Speaker ruled the point of order not well taken.
Van Dellen appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 70 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Bakk Greiling Lieder Ostrom Solberg Bertram Hasskamp Long Otremba Tomassoni Brown Hausman Lourey Pelowski Tompkins Carlson Huntley Luther Perlt Trimble Carruthers Jaros Mahon Peterson Tunheim Clark Jefferson Mariani Pugh Wagenius Cooper Jennings Marko Rest Wejcman Dauner Johnson, A. McCollum Rhodes Wenzel Dawkins Johnson, R. McGuire Rice Winter Delmont Kahn Milbert Rukavina Sp.Anderson,I Dorn Kalis Munger Sarna Entenza Kelley Murphy Schumacher Farrell Kelso Olson, E. Simoneau Garcia Kinkel Orenstein Skoglund Greenfield Leighton Orfield SmithThose who voted in the negative were:
Abrams Finseth Kraus Onnen Van Dellen Anderson, B. Frerichs Krinkie Osskopp Van Engen Bettermann Girard Larsen Paulsen Vickerman Bishop Goodno Leppik Pawlenty Warkentin Boudreau Haas Lindner Pellow Weaver Bradley Hackbarth Lynch Rostberg Wolf Broecker Harder Macklin Seagren Worke Commers Holsten Mares Stanek Workman Daggett Hugoson McElroy Sviggum Davids Johnson, V. Molnau Swenson, D. Dehler Knight Mulder Swenson, H. Dempsey Knoblach Ness Sykora Erhardt Koppendrayer Olson, M. TumaSo it was the judgment of the House that the decision of the Speaker should stand.
Pawlenty raised a point of order pursuant to rule 5.11 relating to bills affecting taxes. The Speaker ruled the point of order not well taken.
Tompkins was excused for the remainder of today's session.
Weaver moved to amend H. F. No. 1844, the first engrossment, as follows:
Page 2, line 2, after "taxes" insert ", including increasing sales or income taxes or other reductions in programs"
A roll call was requested and properly seconded.
The question was taken on the Weaver amendment and the roll was called.
Sarna moved that those not voting be excused from voting. The motion prevailed.
There were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tuma Bettermann Girard Larsen Ozment Van Dellen Bishop Goodno Leppik Paulsen Van Engen Boudreau Haas Lindner Pawlenty Vickerman Bradley Hackbarth Lynch Pellow Warkentin Broecker Harder Macklin Rhodes Weaver Commers Holsten Mares Rostberg Wolf Daggett Hugoson McElroy Seagren Worke Davids Johnson, V. Molnau Stanek Workman Dehler Knight Mulder Sviggum Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Bakk Greenfield Kinkel Olson, E. Schumacher Bertram Greiling Leighton Orenstein Simoneau Brown Hasskamp Lieder Orfield Skoglund Carlson Hausman Long Osthoff Smith Carruthers Huntley Lourey Ostrom Solberg Clark Jaros Luther Otremba Tomassoni Cooper Jefferson Mahon Pelowski Trimble Dauner Jennings Mariani Perlt Tunheim Dawkins Johnson, A. Marko Peterson Wagenius Delmont Johnson, R. McCollum Pugh Wejcman Dorn Kahn McGuire Rest Wenzel Entenza Kalis Milbert Rice Winter Farrell Kelley Munger Rukavina Sp.Anderson,I Garcia Kelso Murphy SarnaThe motion did not prevail and the amendment was not adopted.
Pawlenty moved that H. F. No. 1844 be re-referred to the Committee on Taxes.
A roll call was requested and properly seconded.
The question was taken on the Pawlenty motion and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tuma Bettermann Girard Larsen Ozment Van Dellen Bishop Goodno Leppik Paulsen Van Engen Boudreau Haas Lindner Pawlenty Vickerman Bradley Hackbarth Lynch Pellow Warkentin Broecker Harder Macklin Rhodes Weaver Commers Holsten Mares Rostberg WolfThose who voted in the negative were:
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3575
Daggett Hugoson McElroy Seagren Worke Davids Johnson, V. Molnau Stanek Workman Dehler Knight Mulder Sviggum Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.
Bakk Greenfield Kinkel Olson, E. Simoneau Bertram Greiling Leighton Orenstein Skoglund Brown Hasskamp Lieder Orfield Smith Carlson Hausman Long Ostrom Solberg Carruthers Huntley Lourey Otremba Tomassoni Clark Jaros Luther Pelowski Trimble Cooper Jefferson Mahon Perlt Tunheim Dauner Jennings Mariani Peterson Wagenius Dawkins Johnson, A. Marko Pugh Wejcman Delmont Johnson, R. McCollum Rest Wenzel Dorn Kahn McGuire Rice Winter Entenza Kalis Milbert Rukavina Sp.Anderson,I Farrell Kelley Munger Sarna Garcia Kelso Murphy SchumacherThe motion did not prevail.
Long moved to amend H. F. No. 1844, the first engrossment, as follows:
Page 1, after line 9, insert:
Page 2, after line 19, insert:
Section 1. Minnesota Statutes 1994, section 6.745, subdivision 1, is amended to read:
Subdivision 1. [CITIES.] Annually, upon adoption of the city
budget, the city council of each home rule charter or statutory
city shall forward summary budget information to the office of
the state auditor. The summary budget information shall be
provided on forms prescribed by the state auditor. The office of
the state auditor shall work with representatives of city
government to develop a budget reporting form that conforms with
city budgeting practices and provides the necessary summary
budget information to the office of the state auditor. The
summary budget data shall be provided to the office of the state
auditor no later than December January 31 of the
year preceding each budget year.
Sec. 2. Minnesota Statutes 1994, section 134.34, subdivision 4a, is amended to read:
Subd. 4a. [SUPPORT GRANTS.] In state fiscal years 1993, 1994,
and 1995, and 1996, a regional library basic system
support grant also may be made to a regional public library
system for a participating city or county which meets the
requirements under paragraph (a) or, (b), or
(c).
(a) The city or county decreases the dollar amount provided by it for operating purposes of public library service if the amount provided by the city or county is not less than the amount provided by the city or county for such purposes in the second preceding year.
(b)(1) The city or county provided for operating purposes of public library services an amount exceeding 125 percent of the state average percentage of the adjusted net tax capacity or 125 percent of the state average local support per capita; and
(2) the local government aid distribution for the current calendar year under chapter 477A has been reduced below the originally certified amount for payment in the preceding calendar year, if the dollar amount of the reduction from the previous calendar year in support for operating purposes of public library services is not greater than the dollar amount by which support for operating purposes of public library service would be decreased if the reduction in support were in direct proportion to the local government aid reduction as a percentage of the previous calendar year's revenue base as defined in section 477A.011, subdivision 27. Determination of a grant under paragraph (b) shall be based on the most recent calendar year for which data are available.
(c) In 1996, the city or county maintains the dollar amount provided by it for operating purposes of public library service at least at the same dollar amount it provided in 1995.
The city or county shall file a report with the department of education indicating the dollar amount and percentage of reduction in public library operating funds.
Sec. 3. Minnesota Statutes 1994, section 254B.02, subdivision 3, is amended to read:
Subd. 3. [RESERVE ACCOUNT.] The commissioner shall allocate
money from the reserve account to counties that, during the
current fiscal year, have met or exceeded the base level of
expenditures for eligible chemical dependency services from local
money. The commissioner shall establish the base level for
fiscal year 1988 as the amount of local money used for eligible
services in calendar year 1986. In later years, the base level
must be increased in the same proportion as state appropriations
to implement Laws 1986, chapter 394, sections 8 to 20, are
increased. The base level must be decreased if the fund balance
from which allocations are made under section 254B.02,
subdivision 1, is decreased in later years. The base
level of expenditures for each county is defined as 15 percent of
the funds allocated to the county under subdivisions 1 and 2.
The local match rate for the reserve account is the same rate as
applied to the initial allocation. Reserve account payments must
not be included when calculating the county adjustments made
according to subdivision 2.
Sec. 4. Minnesota Statutes 1994, section 256H.09, subdivision 3, is amended to read:
Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 1992, the county will include the plan required under this subdivision in its biennial community social services plan required in this section, for the group described in section 256E.03, subdivision 2, paragraph (h). For the period July 1, 1989, to December 31, 1991, the county shall submit separate child care fund plans required under this subdivision for the periods July 1, 1989, to June 30, 1990; and July 1, 1990, to December 31, 1991. The commissioner shall establish the dates by which the county must submit these plans. The county and designated administering agency shall submit to the commissioner an annual child care fund allocation plan. The plan shall include:
(1) a narrative of the total program for child care services, including all policies and procedures that affect eligible families and are used to administer the child care funds;
(2) the number of families that requested a child care subsidy in the previous year, the number of families receiving child care assistance, the number of families on a waiting list, and the number of families projected to be served during the fiscal year;
(3) the methods used by the county to inform eligible groups of the availability of child care assistance and related services;
(4) the provider rates paid for all children by provider type;
(5) the county prioritization policy for all eligible groups under the basic sliding fee program and AFDC child care program;
(6) a report of all funds available to be used for child care
assistance, including demonstration of compliance with the
maintenance of funding effort required under section 256H.12;
and
(7) other information as requested by the department to ensure compliance with the child care fund statutes and rules promulgated by the commissioner.
The commissioner shall notify counties within 60 days of the date the plan is submitted whether the plan is approved or the corrections or information needed to approve the plan. The commissioner shall withhold a county's allocation until it has an approved plan. Plans not approved by the end of the second quarter after the plan is due may result in a 25 percent reduction in allocation. Plans not approved by the end of the third quarter after the plan is due may result in a 100 percent reduction in the allocation to the county. Counties are to maintain services despite any reduction in their allocation due to plans not being approved.
Sec. 5. Minnesota Statutes 1994, section 279.09, is amended to read:
279.09 [PUBLICATION OF NOTICE AND LIST.]
The county auditor shall cause the notice and list of
delinquent real property to be published once in each of two
consecutive weeks in the newspaper designated, the
first publication of which shall be made on or before
March 20 immediately following the filing of such list with the
court administrator of the district court. The auditor shall
deliver such list to the publisher of the newspaper designated,
at least 20 days before the date upon which the list shall be
published for the first time.
Sec. 6. Minnesota Statutes 1994, section 279.10, is amended to read:
279.10 [PUBLICATION CORRECTED.]
Immediately after preparing forms for printing such notice and
list, and at least five days before the first day for
the publication thereof, every such publisher shall
furnish proof of the proposed publication to the county
auditor for correction. When such copy has been
corrected, the auditor shall return the same to the
printer, who shall publish it as corrected. On the
first day on which such notice and list are published,
the publisher shall mail a copy of the newspaper
containing the same to the auditor. If during the
publication of the notice and list, or within ten days
after the last publication thereof, the auditor shall
discover that such publication is invalid, the auditor
shall forthwith direct the publisher to republish the
same as corrected for an additional period of two
weeks. The publisher, if not neglectful, shall be
entitled to the same compensation as allowed by law for
the original publication, but shall receive no further
compensation therefor if such republication is necessary
by reason of the neglect of the publisher.
Sec. 7. Minnesota Statutes 1994, section 281.23, subdivision 3, is amended to read:
Subd. 3. [PUBLICATION.] As soon as practicable after the
posting of the notice prescribed in subdivision 2, the county
auditor shall cause to be published for two successive
weeks, in the official newspaper of the county, the
notice prescribed by subdivision 2.
Sec. 8. Minnesota Statutes 1994, section 375.169, is amended to read:
375.169 [PUBLICATION OF SUMMARY BUDGET STATEMENT.]
Annually, upon adoption of the county budget, the county board shall cause a summary budget statement to be published in one of the following:
(1) the official newspaper of the county, or if there is none, in a qualified newspaper of general circulation in the county; or
(2) for a county in the metropolitan area as defined in section 473.121, subdivision 2, a county newsletter or other county mailing sent to all households in the city, or as an insert with the truth-in-taxation notice under section 275.065.
If the summary budget statement is published in a county newsletter, it must be the lead story. If the summary budget statement is published through a county newsletter or other county mailing, a copy of the newsletter or mailing shall be sent on request to any nonresident. If the summary budget statement is published by a mailing to households other than a newsletter, the color of the paper on which the summary budget statement is printed must be distinctively different than the paper containing other printed material included in the mailing. The statement shall contain information relating to anticipated revenues and expenditures in a form prescribed by the state auditor. The form prescribed shall be designed so that comparisons can be made between the current year and the budget year. A note shall be included that the complete budget is available for public inspection at a designated location within the county.
Sec. 9. Minnesota Statutes 1994, section 471.6965, is amended to read:
471.6965 [PUBLICATION OF SUMMARY BUDGET STATEMENT.]
Annually, upon adoption of the city budget, the city council shall publish a summary budget statement in either of the following:
(1) the official newspaper of the city, or if there is none, in a qualified newspaper of general circulation in the city; or
(2) for a city in the metropolitan area as defined in section 473.121, subdivision 2, a city newsletter or other city mailing sent to all taxpayers in the city, or as an insert with the truth-in-taxation notice under section 275.065.
If the summary budget statement is published in a city newsletter, it must be the lead cover story. If the summary budget statement is published by a mailing to taxpayers other than a newsletter, the color of the paper on which the summary budget statement is printed must be distinctively different than the paper containing other printed material included in the mailing.
The statement shall contain information relating to anticipated revenues and expenditures, in a form prescribed by the state auditor. The form prescribed shall be designed so that comparisons can be made between the current year and the budget year. A note shall be included that the complete budget is available for public inspection at a designated location within the city. If the summary budget statement is published through a city newsletter or other city mailing, a copy of the statement must be posted, in a common area, by the property owner of all residential nonhomestead property as defined in section 273.13, subdivision 25, paragraphs (a) and (b), clause (1).
Sec. 10. [EDUCATION FINANCE FOR THE 1996-1997 SCHOOL YEAR.]
Subdivision 1. [ADJUSTED TAX CAPACITY FOR SCHOOL YEAR 1996-1997.] Notwithstanding any other law to the contrary, for purposes of any levy authorized under Minnesota Statutes, chapter 124, 124A, 124B, 136C, or 136D, the adjusted net tax capacity of a school district, education district, intermediate school district, or technical college under Minnesota Statutes, section 124.2131, for the 1996-1997 school year shall equal the adjusted net tax capacity used for computation of its levy limits for the 1995-1996 school year.
Subd. 2. [LOCAL EFFORT TAX RATE AND EQUALIZING FACTOR.] Notwithstanding any other law to the contrary, the local effort tax rates computed under Minnesota Statutes, sections 124.226, subdivision 1, and 124A.23, for the 1996-1997 school year shall equal the local effort tax rates established at the time of levy limit certification for the 1995-1996 school year. Notwithstanding any other law to the contrary, the equalizing factor under Minnesota Statutes, section 124A.02, for the 1996-1997 school year shall equal the equalizing factor for the 1995-1996 school year.
Subd. 3. [COMPUTATION OF PUPIL UNITS FOR LEVY LIMITS.] Notwithstanding Minnesota Statutes, section 124.17, or any other law to the contrary, the number of pupil units and AFDC pupil units for a school district, education district, intermediate school district, or technical college for use in computing the levy limits of the district or technical college for the 1996-1997 school year shall be the pupil units and AFDC pupil units used for the levy limit computation of the school district, education district, intermediate school district, or technical college for the 1995-1996 school year. For purposes of computing the revenue entitlement of a school district under Minnesota Statutes, chapter 124, 124A, 124B, 136C, or 136D, for the 1996-1997 school year, the pupil units or AFDC pupil units shall be as otherwise provided under Minnesota Statutes, section 124.17. If any section of Minnesota Statutes, chapters 124, 124A, and 124B, provides that an aid entitlement is equal to the difference between the revenue entitlement and the authorized levy, then the aid entitlement for the 1996-1997 school year shall equal the difference between the revenue entitlement and authorized levies computed under this section and sections 11 to 71. If any section of Minnesota Statutes, chapters 124, 124A, and 124B, other than sections 124.321 and 124.912, subdivision 2, provide that the aid entitlement will be reduced if a district fails to exercise its full levy authority and the district failed to levy its full authority for the 1995-1996 school year, the commissioner shall assume that, absent the provisions of this act, the district would have elected to exercise the same portion of its levy authority for the 1996-1997 school year as it did in the prior year and determine the district's aid under the applicable section and the prior sentence.
Sec. 11. [TRANSITIONAL LEVIES.]
Notwithstanding Minnesota Statutes, sections 122.247, subdivision 3, and 122.533, a school district's levy under those sections for taxes payable in 1996 shall be no greater than it was for the prior year.
Sec. 12. [TRANSPORTATION AID.]
For purposes of computing transportation aid under Minnesota Statutes, section 124.225, subdivision 8a, for the 1996-1997 school year, levies shall be those computed under the provisions of sections 10 and 13 to 21.
Sec. 13. [TRANSPORTATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 2, a school district's levy for additional transportation costs as the result of leasing a school in another district shall be no greater for the 1996-1997 school year than it was for the prior year.
Sec. 14. [OFF-FORMULA ADJUSTMENT.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 3, a school district's off-formula adjustment for taxes payable in 1996 shall be no less than that computed for taxes payable in the prior year. If the resulting levy reduction is greater than that which would have otherwise occurred under Minnesota Statutes, section 124.226, subdivision 3, the district will receive additional aid equal to the difference.
Sec. 15. [TRANSPORTATION LEVY EQUITY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 3a, a school district's aid reduction for transportation levy equity for the 1996-1997 school year shall be based on levies computed under sections 10 and 13 to 21.
Sec. 16. [NONREGULAR TRANSPORTATION COSTS LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 4, a school district's levy for nonregular transportation costs for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 17. [EXCESS TRANSPORTATION COSTS LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 5, a school district's levy for excess transportation costs for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have been authorized to levy under Minnesota Statutes, section 124.226, subdivision 5, the district shall receive additional aid equal to the difference.
Sec. 18. [BUS PURCHASES; LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 6, a school district's levy to eliminate a projected deficit in its reserved fund balance for bus purchases in its transportation fund as of June 30 of the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 19. [CONTRACTED SERVICES LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 7, a school district's levy for taxes payable in 1996 under that subdivision shall be no greater than it was in the prior year. If the resulting levy is less than the school district would have been authorized to levy under that subdivision, the district will receive additional aid equal to the difference.
Sec. 20. [LEVY FOR POST-SECONDARY TRANSPORTATION.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 8, a school district levy for transportation of secondary students enrolled in courses provided in an agreement authorized by Minnesota Statutes, section 123.33, subdivision 7, for school year 1996-1997 shall be no greater than it was for the prior year.
Sec. 21. [LATE ACTIVITY BUSES LEVY.]
Notwithstanding Minnesota Statutes, section 124.226, subdivision 9, a school district's levy for late activity buses for the 1995-1996 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have been authorized to levy under Minnesota Statutes, section 124.226, subdivision 9, the school district shall receive additional aid equal to the difference.
Sec. 22. [BONDS.]
(a) Notwithstanding Minnesota Statutes, section 124.239, after March 30, 1995, no school district can sell bonds under that section the debt service payments of which would require a levy first becoming payable in 1996 or authorize a levy under Minnesota Statutes, section 124.239, subdivision 5, clause (b), that is not pursuant to a plan adopted prior to March 30, 1995. This restriction shall not apply to (1) refunding bonds sold to refund bonds originally sold before March 30, 1995, or (2) bonds for which the amount of the levy first becoming due in 1996 would not exceed the amount by which the school district's total levy for debt service on bonds for taxes payable in 1996 prior to issuance of those bonds is less than the municipality's total levy for debt service for bonds for taxes payable in 1995.
(b) For purposes of this section, bonds will be deemed to have been sold before March 30, 1995, if:
(1) an agreement has been entered into between the school district and a purchaser or underwriter for the sale of the bonds by that date;
(2) the issuing school district is a party to a contract or letter of understanding entered into before March 30, 1995, with the federal government that requires the school district to pay for a project, and the project will be funded with the proceeds of the bonds; or
(3) the proceeds of the bonds will be used to fund a project or acquisition with respect to which the school district has entered into a contract with a builder or supplier before March 30. Debt service payments due on bonds described in this paragraph during calendar year 1996 will be paid by the state. The amount of those payments must be repaid by the school district to the state in three equal annual installments beginning in 1997. No interest will be due on those payments if timely paid by June 15 of the year due.
Sec. 23. [CAPITAL EXPENDITURE FACILITY LEVY.]
Notwithstanding Minnesota Statutes, sections 124.243 and 124.2442, subdivision 3, a school district's capital expenditures facilities levy for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 24. [CAPITAL EXPENDITURE EQUIPMENT LEVY.]
Notwithstanding Minnesota Statutes, sections 124.244, subdivision 2, and 124.2442, a school district's capital expenditures equipment levy for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 25. [LEVY FOR ADULT BASIC EDUCATION AID.]
Notwithstanding Minnesota Statutes, section 124.2601, school districts which did not levy for adult basic education for taxes payable in 1995, may not levy for that purpose for taxes payable in 1996.
Sec. 26. [EARLY CHILDHOOD FAMILY EDUCATION AND HOME VISITATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.2711, subdivisions 2a and 5, a school district's levy for early childhood family education and home visitation under Minnesota Statutes, section 124.2711, subdivision 5, for school year 1996-1997 shall be no greater than it was for the prior year.
Sec. 27. [COMMUNITY EDUCATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.2713, subdivision 6, 6a, or 6b, the community education levy of a school district for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 28. [LEVY FOR ADDITIONAL COMMUNITY EDUCATION REVENUE.]
Notwithstanding Minnesota Statutes, section 124.2714, a school district's levy under that section for school year 1996-1997 shall be no greater than it was for the prior year.
Sec. 29. [PROGRAMS FOR ADULTS WITH DISABILITIES; LEVY.]
Notwithstanding Minnesota Statutes, section 124.2715, subdivision 3, a school district's levy for community education programs for adults with disabilities for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 30. [EXTENDED DAY LEVY.]
Notwithstanding Minnesota Statutes, section 124.2716, a school district's levy under that section for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 31. [COOPERATION AND COMBINATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.2725, subdivisions 3 and 4, a school district's levy for cooperation and combination for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 32. [EARLY RETIREMENT AND SEVERANCE LEVY.]
Notwithstanding Minnesota Statutes, section 124.2725, subdivision 15, a school district's levy for the 1996-1997 school year for severance pay or early retirement incentives for licensed and nonlicensed staff who retire early as the result of combination or cooperation shall be no greater than it was for the prior year.
Sec. 33. [CONSOLIDATION; RETIREMENT LEVY.]
Notwithstanding Minnesota Statutes, section 124.2726, subdivision 3, a school district's levy for retirement incentives under Minnesota Statutes, section 122.23, subdivision 20, for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 34. [DISTRICT COOPERATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.2727, subdivisions 6b and 9, a school district's levy for district cooperation for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 35. [SPECIAL EDUCATION EQUALIZATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.321, subdivisions 3 and 5, a school district's special education equalization levy for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under Minnesota Statutes, section 124.321, subdivisions 3 and 5, the district shall receive additional aid equal to the difference.
Sec. 36. [ALTERNATIVE DELIVERY LEVY.]
Notwithstanding Minnesota Statutes, section 124.322, subdivision 4, a school district's levy for alternative delivery of specialized instructional services for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under Minnesota Statutes, section 124.322, subdivision 4, the district shall receive additional aid equal to the difference.
Sec. 37. [JOINT POWERS BOARD; EARLY RETIREMENT AND SEVERANCE LEVY.]
Notwithstanding Minnesota Statutes, section 124.4945, a school district's levy for the 1996-1997 school year for severance pay and early retirement incentives to a teacher as defined in Minnesota Statutes, section 125.12, subdivision 1, who is placed on unrequested leave as the result of a cooperative secondary facility agreement shall be no greater than it was for the prior year.
Sec. 38. [FACILITIES DOWN PAYMENT LEVY REFERENDUM.]
Notwithstanding Minnesota Statutes, section 124.82, subdivision 3, no facilities down payment levy referendum held after March 27, 1995, may authorize a levy first becoming payable in 1996.
Sec. 39. [HEALTH AND SAFETY LEVY.]
Notwithstanding Minnesota Statutes, section 124.83, subdivisions 4 and 7, a school district's levy for a health and safety program under Minnesota Statutes, section 124.83, for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under Minnesota Statutes, section 124.83, subdivisions 4 and 7, the district shall receive additional aid equal to the difference.
Sec. 40. [HANDICAPPED ACCESS AND FIRE SAFETY LEVY.]
Notwithstanding Minnesota Statutes, section 124.84, subdivisions 3 and 4, a school district's levy for purposes of Minnesota Statutes, section 124.84, subdivisions 1 and 2, for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under Minnesota Statutes, section 124.84, subdivision 3, the district may levy the difference in the subsequent year notwithstanding the five-year limitation in section 124.84, subdivision 3.
Sec. 41. [LEVY TO RENT OR LEASE BUILDING OR LAND.]
Notwithstanding Minnesota Statutes, section 124.91, subdivision 1, after March 30, 1995, the commissioner of education shall not authorize any school district to make any additional capital expenditure levy to rent or lease a building or land for instructional purposes if the levy for that purpose first becomes due and payable in 1996 unless the district's capital expenditure levy for taxes payable in 1996, including the levy for the new obligation, would not exceed its levy for that purpose for taxes payable in 1995.
Sec. 42. [LEVY FOR LEASE PURCHASE OR INSTALLMENT BUYS.]
(a) Except as provided in paragraphs (b) and (c), notwithstanding Minnesota Statutes, section 124.91, subdivision 3, after March 30, 1995, no school district may enter into an installment contract or a lease purchase agreement the levy for which would first become payable in 1996 unless the district's total levy for installment contracts and lease purchase agreements for taxes payable in 1996, including the levy for the new obligation, would not exceed its levy for that purpose for taxes payable in 1995.
(b) The limitation in paragraph (a) does not apply to an installment contract entered into before July 1, 1995, if it:
(1) relates to a high school construction project that was approved by the commissioner of education under Minnesota Statutes, section 121.15, before July 1, 1994; and
(2) relates at least in part to bids awarded between September 8, 1994, and February 21, 1995.
Payments due on installment contracts described in this paragraph during calendar year 1996 will be paid by the state. The amount of those payments will be repaid by the school district to the state in three equal annual installments beginning in 1997. No interest will be due on those payments if timely paid by June 15 of the year due.
(c) For purposes of this section, installment contracts or lease purchase agreements will be deemed to have been entered into before March 30, 1995, if:
(1) an agreement has been entered into between the school district and a lessor or seller by that date;
(2) the school district is a party to contract or letter of understanding entered into before March 30, 1995, with the federal government that requires the school district to pay for a project, and the project will be funded with the proceeds of the installment contracts or lease purchase agreements; or
(3) the installment contracts or lease purchase agreements will be used to fund a project or acquisition with respect to which the school district has entered into a contract with a builder or supplier before March 30. Payments due on installment contracts or lease purchase agreements described in this paragraph during calendar year 1996 will be paid by the state. The amount of those payments must be repaid by the school district to the state in three equal annual installments beginning in 1997. No interest will be due on those payments if timely paid by June 15 of the year due.
Sec. 43. [COOPERATING DISTRICTS; CAPITAL LEVY.]
Notwithstanding Minnesota Statutes, section 124.91, subdivision 4, a school district's levy under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 44. [LEVY FOR INTERACTIVE TELEVISION.]
Notwithstanding Minnesota Statutes, section 124.91, subdivision 5, a school district's levy for interactive television for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 45. [ENERGY CONSERVATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.91, subdivision 6, a school district may not enter into a loan under Minnesota Statutes, sections 216C.37 or 298.292 to 298.298 after March 27, 1995, if the levy for repayment of the loan would first become payable in 1996.
Sec. 46. [LEVY FOR STATUTORY OBLIGATIONS.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 1, a school district's levy as otherwise authorized under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year. To the extent that the portion of the resulting levy for the school district's obligation under Minnesota Statutes, section 268.06, subdivision 25, and section 268.08, is less than the school district would have been otherwise authorized to levy under Minnesota Statutes, section 124.912, subdivision 1, the school district shall receive additional aid equal to the difference. To the extent that the portion of the resulting levy for judgments under Minnesota Statutes, section 127.05, is less than the school district would have been authorized to levy under Minnesota Statutes, section 124.912, subdivision 1, for this purpose, the school district may levy the difference in the subsequent year.
Sec. 47. [DESEGREGATION LEVY.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 2, a school district's levy as otherwise authorized under that subdivision for the 1995-1996 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under that subdivision, the school district shall receive additional aid equal to the difference.
Sec. 48. [RULE COMPLIANCE LEVY.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 3, a school district's levy as otherwise authorized under that subdivision for the 1995-1996 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under that subdivision, the school district shall receive additional aid equal to the difference.
Sec. 49. [LEVY FOR CRIME RELATED COSTS.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 6, a school district's levy as otherwise authorized under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 50. [ICE ARENA LEVY.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 7, a school district's levy as otherwise authorized under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 51. [OUTPLACEMENT LEVY.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 8, the levy as otherwise authorized under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 52. [ABATEMENT LEVY.]
Notwithstanding Minnesota Statutes, section 124.912, subdivision 9, a school district's levy as otherwise authorized under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year. To the extent the portion of the resulting levy otherwise authorized under Minnesota Statutes, section 124.912, subdivision 9, paragraph (a), clause (1), is less than the school district would have been authorized to levy under that clause, the district shall receive additional aid equal to the difference. The remaining portion of the resulting levy that is less than the school district would have been authorized to levy under the remainder of Minnesota Statutes, section 124.912, subdivision 9, may be levied over a four-year period notwithstanding the three-year limitation of Minnesota Statutes, section 124.912, subdivision 9, paragraph (b).
Sec. 53. [OPERATING DEBT LEVIES.]
Notwithstanding Minnesota Statutes, section 122.531, subdivision 4a; 124.914; or Laws 1992, chapter 499, article 7, sections 25 and 26, a school district's levy as otherwise authorized under those sections for the 1996-1997 school year shall be no greater than it was for the prior year. To the extent this prevents a district from amortizing its reorganization operating debt as defined in Minnesota Statutes, section 121.915, clause (1), in five years, the district shall be permitted to levy the remainder in a subsequent year.
Sec. 54. [HEALTH INSURANCE BENEFITS LEVY.]
Notwithstanding Minnesota Statutes, section 124.916, subdivision 1, or Laws 1993, chapter 224, article 8, section 18, a school district's levy for retired employees health insurance as otherwise authorized under those provisions of law for the taxes payable in 1996 shall be no greater than it was for the prior year.
Sec. 55. [RETIREMENT LEVY.]
Notwithstanding Minnesota Statutes, section 124.916, subdivision 3, a school district's levy as otherwise authorized under that subdivision for taxes payable in 1996 shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have been authorized to levy under that subdivision, the school district shall receive additional aid equal to the difference.
Sec. 56. [MINNEAPOLIS HEALTH INSURANCE SUBSIDY.]
Notwithstanding Minnesota Statutes, section 124.916, subdivision 4, a school district's levy as otherwise authorized under that section for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 57. [LEVY FOR TACONITE PAYMENT.]
Notwithstanding Minnesota Statutes, section 124.918, subdivision 8, a school district's levy reduction as otherwise authorized under that subdivision for the 1996-1997 school year shall be no less than it was for the prior year. General education aid reduction for the 1996-1997 school year shall be governed by Minnesota Statutes, section 124A.035, subdivision 5, and the levy reduction as dictated by this section.
Sec. 58. [EQUALIZED DEBT SERVICE LEVY.]
Notwithstanding Minnesota Statutes, section 124.95, subdivision 4, a school district's levy as otherwise authorized under that subdivision for the 1996-1997 school year taxes payable in 1996 shall be based on the actual pupil units in the district for the 1992-1993 school year and the 1993 adjusted net tax of the district.
Sec. 59. [UNEQUALIZED REFERENDUM LEVY.]
Notwithstanding Minnesota Statutes, section 124A.03, subdivision 1i, a school district's unequalized referendum levy for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than the school district would have levied under that subdivision, the school district shall receive additional aid equal to the difference.
Sec. 60. [REFERENDUM LEVY.]
(a) Except as provided in paragraph (b) or (c), notwithstanding Minnesota Statutes, section 124A.03, subdivision 2 or 2b, or 124B.03, subdivision 2, no referendum conducted after March 30, 1995, under those sections may authorize a levy first becoming payable in 1996.
(b) A referendum may authorize such a levy if the referendum provides for continuation of a referendum levy that terminates beginning with taxes payable in 1996. If the terminated levy had been based on net tax capacity, the referendum relating to taxes payable in 1996 must be based on net tax capacity and the ballot shall state the estimated referendum tax rate based on net tax capacity for taxes levied in 1996, notwithstanding Minnesota Statutes, section 124A.03, subdivisions 2 and 2a. To the extent the referendum relates to taxes payable in 1997 and subsequent years, the levies for those years are subject to Minnesota Statutes, sections 124A.03, subdivision 2a, and 124A.0311, subdivision 3, and the ballot shall also state the estimated referendum tax rate as a percentage of market value for taxes levied in 1997.
(c) A referendum may authorize such a levy if the levy required under the referendum would not result in an increase for taxes payable in 1996 in the total levy for all purposes imposed by the school district over the total levy imposed by the district for taxes payable in 1995.
Sec. 61. [REFERENDUM AUTHORITY; CONVERSION.]
Notwithstanding Minnesota Statutes, section 124A.0311, subdivisions 2 and 3, no school district may convert its referendum authority currently authorized to be levied against net tax capacity to referendum authority authorized to be levied against referendum market value effective for taxes payable in 1996.
Sec. 62. [TRAINING AND EXPERIENCE LEVY.]
Notwithstanding Minnesota Statutes, section 124A.22, subdivision 4a, a school district's training and experience levy for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 63. [SUPPLEMENTAL LEVY.]
Notwithstanding Minnesota Statutes, section 124A.22, subdivision 8a, a school district's supplemental levy for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 64. [GENERAL EDUCATION LEVY; OFF-FORMULA DISTRICTS.]
Notwithstanding Minnesota Statutes, section 124A.23, subdivision 3, an off-formula school district's levy for general education for the 1996-1997 school year shall be no greater than it was for the prior year. An off-formula school district's aid reduction for general education levy equity under Minnesota Statutes, section 124A.24, shall be computed using the levy computed under this section. If an off-formula district payments pursuant to Minnesota Statutes, section 124A.035, subdivision 4, are reduced from that received in the prior school year, the district shall receive additional aid equal to the difference.
Sec. 65. [LEVY REDUCTION.]
Notwithstanding Minnesota Statutes, section 124A.26, subdivision 2, a district's levy reduction for the 1996-1997 school year under that subdivision shall be no less than it was in the prior year. To the extent that the resulting reduction is greater than the school district would have otherwise received under that subdivision, the school district shall receive additional aid equal to the difference.
Sec. 66. [STAFF DEVELOPMENT LEVY.]
Notwithstanding Minnesota Statutes, section 124A.292, subdivision 3, a school district's levy for staff development for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 67. [SCHOOL RESTRUCTURING LEVIES.]
Notwithstanding Minnesota Statutes, section 126.019, a school district's levy under that section for taxes payable in 1996 shall be no greater than it was in the prior year. To the extent the resulting levy is less than the district would have otherwise been authorized to levy under that section, the district shall receive additional aid equal to the difference.
Sec. 68. [LEVY FOR LOCAL SHARE OF TECHNICAL COLLEGE CONSTRUCTION.]
Notwithstanding Minnesota Statutes, section 136C.411, the levy as otherwise authorized under that section for the 1996-1997 school year shall be no greater than it was for the prior year. If the resulting levy is less than is necessary for the district to pay its local share of the costs of construction in that year, the joint vocational technical district shall receive additional aid equal to the difference.
Sec. 69. [JOINT VOCATIONAL TECHNICAL DISTRICT TAX LEVY.]
Notwithstanding Minnesota Statutes, section 136C.67, a joint vocational technical district's levy under that subdivision for the 1996-1997 school year shall be no greater than it was for the prior year.
Sec. 70. [LEVY ADJUSTMENT.]
Notwithstanding any other law to the contrary, any adjustment of a school district's levy authority other than for debt redemption fund excesses under Minnesota Statutes, section 475.61, for taxes payable in 1996 shall not result in a levy that is greater than it was in 1995. If the resulting levy adjustments reduce the district's revenues below that which the district would have otherwise received in the absence of this section, the district will receive additional aid equal to the difference.
Sec. 71. [OTHER LEVY AUTHORITY.]
A school district's levy under any special law or any authority other than that contained in Minnesota Statutes, chapters 124, 124A, and 136C, shall not be greater for taxes payable in 1996 than it was for taxes payable in 1995 except for any debt service on obligations, certificates of indebtedness, capital notes, or other debt instruments issued prior to March 30, 1995, or to make payments on installment purchase contracts or lease purchase agreements entered into prior to March 30, 1995.
Sec. 72. [BENEFIT RATIO FOR RURAL SERVICE DISTRICTS.]
Notwithstanding Minnesota Statutes, section 272.67, subdivision 6, the benefit ratio used for apportioning levies to a rural service district for taxes payable in 1996 shall not be greater than that in effect for taxes payable in 1995.
Sec. 73. [PROHIBITION AGAINST INCURRING NEW DEBT.]
Subdivision 1. [GENERALLY.] (a) After March 30, 1995, no municipality as defined in Minnesota Statutes, section 475.51, or any special taxing district as defined under Minnesota Statutes, section 275.066, may sell obligations, certificates of indebtedness, or capital notes under Minnesota Statutes, chapter 475, section 412.301, or any other law authorizing obligations, certificates of indebtedness, capital notes, or other debt instruments or enter into installment purchase contracts or lease purchase agreements under Minnesota Statutes, section 465.71, or any other law authorizing installment purchase contracts or lease purchase agreements if issuing those debt instruments or entering into those contracts would require a levy first becoming due in 1996. This restriction does not apply to (1) refunding bonds sold to refund bonds originally sold before March 30, 1995, or (2) obligations for which the amount of the levy first becoming due in 1996 would not exceed the amount by which the municipality's total debt service levy for taxes payable in 1996 prior to issuance of those obligations is less than the municipality's total debt service levy for taxes payable in 1995. As used in clause (2), "obligations" includes certificates of indebtedness, capital notes, or other debt instruments or installment purchase contracts or lease purchase agreements.
(b) For purposes of this section, bonds will be deemed to have been sold before March 30, 1995, if:
(1) an agreement has been entered into between the municipality and a purchaser or underwriter for the sale of the bonds by that date;
(2) the issuing municipality is a party to contract or letter of understanding entered into before March 30, 1995, with the federal government or the state government that requires the municipality to pay for a project, and the project will be funded with the proceeds of the bonds; or
(3) the proceeds of the bonds will be used to fund a project or acquisition with respect to which the municipality has entered into a contract with a builder or supplier before March 30. Debt service payments due on bonds described in this paragraph during calendar year 1996 will be paid by the state. The amount of those payments must be repaid by the municipality to the state in three equal annual installments beginning in 1997. No interest will be due on those payments if timely paid by June 15 of the year due.
Subd. 2. [EXCEPTION.] Notwithstanding subdivision 1, certificates of indebtedness, capital notes, installment purchase contracts, lease purchase agreements or any other debt instruments, and the debt service levies for the obligations shall, for purposes of this act, be treated as if sold prior to March 30, 1995, if:
(a) The municipality or other governmental authority has satisfied any one of the following conditions prior to March 30, 1995:
(1) it has adopted a resolution or ordinance authorizing the issuance of the obligations;
(2) it has declared official intent to issue the obligations under federal tax laws and regulations; or
(3) it has entered into a binding agreement to design or construct a project or acquire property to be financed with the obligations; and
(b) The municipality makes a finding at the time of the sale of the bonds that no levy will be required for taxes payable in 1996 to pay the debt service on the obligations because sufficient funds are available from nonproperty tax sources to pay the debt service.
Sec. 74. [ASSESSMENT LIMITATIONS.]
Subdivision 1. [1995 ASSESSMENT.] Notwithstanding Minnesota Statutes, section 273.11, or any other law to the contrary, the value of property for the 1995 assessment shall not exceed the lesser of its limited market value determined for the 1994 assessment pursuant to Minnesota Statutes, section 273.11, subdivision 1a, or its market value as otherwise determined for the 1994 assessment provided that any value attributable to new construction or improvements to the extent it does not qualify for deferral under Minnesota Statutes, section 273.11, subdivision 16, shall be added to the prior year's value used to determine its tax capacity. It is further provided that previously tax exempt property that loses its tax exempt status pursuant to Minnesota Statutes, section 272.02, subdivision 4, shall not have its assessment limited in any way under this subdivision.
Subd. 2. [1996 ASSESSMENT.] The provisions of Minnesota Statutes, section 273.11, subdivision 1a, shall govern in determining the value of property classified as agricultural homestead or nonhomestead, residential homestead or nonhomestead, or noncommercial seasonal residential for the 1996 assessment provided that "five percent" shall be substituted for "ten percent" in that section.
Sec. 75. [LEVY LIMITATION TAXES PAYABLE IN 1996.]
Subdivision 1. [TAXES PAYABLE IN 1996 PROPOSED LEVY.] Notwithstanding any other law to the contrary, for purposes of the certification required by Minnesota Statutes, section 275.065, subdivision 1, in 1995, no taxing authority other than a school district shall certify to the county auditor a proposed property tax levy or in the case of a township, a final property tax levy, greater than the amount certified to the county auditor pursuant to Minnesota Statutes, section 275.07, subdivision 1, in the prior year except as provided in subdivisions 3, 4, and 5.
Subd. 2. [TAXES PAYABLE IN 1996 FINAL LEVY.] Notwithstanding any other law to the contrary, for purposes of the certification required by Minnesota Statutes, section 275.07, subdivision 1, in 1995, no taxing authority other than a school district shall certify to the county auditor a property tax levy greater than the amount certified to the county auditor pursuant to Minnesota Statutes, section 275.07, subdivision 1, in the prior year except as provided in subdivisions 4 to 6.
Subd. 3. [SCHOOL DISTRICTS.] School district levies shall be governed by sections 10 to 71.
Subd. 4. [DEBT SERVICE EXCEPTION.] If a payable 1996 levy for debt service on obligations, certificates of indebtedness, capital notes, or other debt instruments sold prior to March 30, 1995, or to make payments on installment purchase contracts or lease purchase agreements entered into prior to March 30, 1995, exceeds the levy a taxing authority certified pursuant to Minnesota Statutes, section 275.07, subdivision 1, for taxes payable in 1995 for the same purpose, the excess may be levied notwithstanding the limitations of subdivisions 1 and 2.
Subd. 5. [ANNEXATION EXCEPTION.] The city tax rate for taxes payable in 1996 on any property annexed under chapter 414 may not be increased over the city or township tax rate in effect on the property in 1995, notwithstanding any law, municipal board order, or ordinance to the contrary. The limit on the annexing city's levy under subdivisions 1 and 2 may be increased in excess of that limit by an amount equal to the net tax capacity of the property annexed times the city or township tax rate in effect on that property for taxes payable in 1995. The levy limit of the city or township from which the property was annexed shall be reduced by the same amount.
Subd. 6. [INCREASE AUTHORIZED.] Notwithstanding the limitation of subdivision 1, a taxing authority other than a school district may increase its levy for taxes payable in 1996 over that certified to the county pursuant to Minnesota Statutes, section 275.07, subdivision 1, in the prior year by an amount equal to the taxing authority's net tax capacity pursuant to section 74, subdivision 1, times its tax rate for taxes payable in 1995 less the taxing authority's levy under subdivision 1.
Sec. 76. [FREEZE ON LOCAL MATCH REQUIREMENTS.]
Notwithstanding any other law to the contrary, the local funding or local match required from any city, town, or county for any state grant or program shall not be increased for calendar year 1996 above the dollar amount of the local funding or local match required for the same grant or program in 1995, regardless of the level of state funding provided; and any new local match or local funding requirements for new or amended state grants or programs shall not be effective until calendar year 1997. Nothing in this section shall affect the eligibility of a city, town, or county, for the receipt of state grants or program funds in 1996 or reduce the amount of state funding a city, town, or county would otherwise receive in 1996 if the local match requirements of the state grant or program were met in 1996.
Sec. 77. [SUSPENSION OF SALARY AND BUDGET APPEAL AUTHORIZATION.]
After April 11, 1995, no county sheriff may exercise the authority granted under Minnesota Statutes, section 387.20, subdivision 7, and no county attorney may exercise the authority granted under Minnesota Statutes, section 388.18, subdivision 6, to the extent that the salary or budget increase sought in the appeal would result in an increase in county expenditures in calendar year 1996.
Sec. 78. [SUSPENSION OF PUBLICATION AND HEARING REQUIREMENTS.]
A local taxing authority is not required to comply with the public advertisement notice of Minnesota Statutes, section 275.065, subdivision 5a, or the public hearing requirement of Minnesota Statutes, section 275.065, subdivision 6, with respect to taxes levied in 1995, payable in 1996, only.
Sec. 79. [LEVY LIMITATION TAXES PAYABLE IN 1997.]
Subdivision 1. [DEFINITION.] The "percentage increase in the implicit price deflator" means the percentage change in the implicit price deflator for state and local governments purchases of goods and services as calculated in Minnesota Statutes, section 477A.03, subdivision 3, provided that the 2.5 percent and five percent limits do not apply and that the increase can not be less than zero percent.
Subd. 2. [TAXES PAYABLE IN 1997 PROPOSED LEVY.] Notwithstanding any other law to the contrary, for purposes of the certification required by Minnesota Statutes, section 275.065, subdivision 1, in 1996, no taxing authority other than a school district or a joint vocational technical district shall certify to the county auditor a proposed property tax levy or in the case of a township, a final property tax levy, that is greater than the product of:
(1) the sum of one plus the lesser of (i) three percent, or (ii) the percentage increase in the implicit price deflator; and
(2) the amount certified to the county auditor pursuant to Minnesota Statutes, section 275.07, subdivision 1, in the prior year, except as provided in subdivisions 4 and 5.
Subd. 3. [TAXES PAYABLE IN 1997 FINAL LEVY.] Notwithstanding any other law to the contrary, for purposes of the certification required by Minnesota Statutes, section 275.07, subdivision 1, in 1996, no taxing authority other than a school district or a joint vocational technical district shall certify to the county auditor a property tax levy that is greater than the product of:
(1) the sum of one plus the lesser of (i) three percent, or (ii) the percentage increase in the implicit price deflator; and
(2) the amount certified to the county auditor pursuant to Minnesota Statutes, section 275.07, subdivision 1, in the prior year, except as provided in subdivisions 4, 5, and 6.
Subd. 4. [REFERENDA.] (a) A taxing authority other than a school district or an education district may increase its levy above the limits provided in subdivisions 2 and 3, by the amount approved by the voters residing in the jurisdiction of the authority at a referendum called for the purpose. The referendum may be called by the governing body or shall be called by the governing body upon written petition of qualified voters of the jurisdiction. The referendum shall be conducted during the calendar year before the increased levy authority, if approved, first becomes payable. Only one election to approve an increase may be held in a calendar year. The referendum must be held on the first Tuesday after the first Monday in November. The ballot shall state the maximum amount of the increased levy and the estimated referendum tax rate as a percentage of taxable net tax capacity in the year it is to be levied. The ballot may contain a textual portion with the information required in this subdivision and a question stating substantially the following:
"Shall the increase in the levy proposed by (petition to) the governing body of ........., be approved?"
(b) The governing body shall prepare and deliver by first class mail at least 15 days but no more than 30 days prior to the day of the referendum to each taxpayer a notice of the referendum and the proposed levy increase. The governing body need not mail more than once notice to any taxpayer. For the purpose of giving mailed notice under this subdivision, owners shall be those shown to be owners on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer. Every property
owner whose name does not appear on the records of the county auditor or the county treasurer shall be deemed to have waived this mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as the case may be, include the name on the records for this purpose. The notice must project the anticipated amount of tax increase in annual dollars and annual percentage for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the jurisdiction of the taxing authority.
The notice must include the following statement: "Passage of this referendum will result in an increase in your property taxes."
(c) A petition authorized by paragraph (a) shall be effective if signed by a number of qualified voters in excess of 15 percent of the registered voters of the jurisdiction of the taxing authority on the day the petition is filed with the governing body. A referendum invoked by petition shall be held on the date specified in paragraph (a).
(d) The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this subdivision.
(e) A bond authorization under Minnesota Statutes, section 475.59, shall be deemed to meet the requirements of this subdivision provided the ballot includes the information required in paragraph (a) and the notice required in paragraph (b) is distributed.
Subd. 5. [DEBT SERVICE EXCEPTION.] If a payable 1997 levy for debt service on obligations, certificates of indebtedness, capital notes, or other debt instruments sold prior to March 30, 1995, or to make payments on installment purchase contracts or lease purchase agreements entered into prior to March 30, 1995, exceeds the levy a taxing authority certified pursuant to Minnesota Statutes, section 275.07, subdivision 1, for taxes payable in 1996 for the same purpose, or a payable 1997 levy for general obligations exceeds any payable 1997 levy required as a condition for the issuance of such general obligations, the excess may be levied notwithstanding the limitations of subdivisions 2 and 3.
Subd. 6. [LEVY OF TOWN BEING MERGED INTO CITY.] If a town has entered into an agreement to merge with a home rule charter or statutory city, and the merger has been approved by a referendum, the town's levy for taxes payable in 1997 shall not exceed the greater of (1) the amount determined under subdivisions 1 to 5, or (2) the amount established as a term of the merger agreement with the city.
Sec. 80. [FISCAL DISPARITIES FREEZE.]
Notwithstanding Minnesota Statutes, section 473F.08, subdivision 2, clause (a), the amount to be deducted from a governmental unit's net tax capacity for taxes payable in 1996 under that clause shall equal the amount deducted for taxes payable in 1995. Notwithstanding Minnesota Statutes, section 473F.08, subdivision 2, clause (b), the amount to be added to a governmental unit's net tax capacity for taxes payable in 1996 under that clause shall equal the same amount added for taxes payable in 1995. Notwithstanding Minnesota Statutes, section 473F.08, subdivision 3, the areawide portion of the levy for each governmental unit shall be determined using the local tax rate for the 1993 levy year. Notwithstanding Minnesota Statutes, section 473F.08, subdivision 6, the portion of commercial-industrial property within a municipality subject to the areawide tax rate shall be computed using the amount determined under Minnesota Statutes, sections 473F.06 and 473F.07, for taxes payable in 1995.
Sec. 81. [TAX RATE FREEZE.]
Subdivision 1. [REDUCTION OF LEVY; PAYMENT.] If in the course of determining local tax rates for taxes payable in 1996 after reductions for disparity reduction aid under Minnesota Statutes, section 275.08, subdivisions 1c and 1d, the county auditor finds the local tax rate exceeds that in effect for taxes payable in 1995, the county auditor shall reduce the local government's levy so the local tax rate does not exceed that in effect for taxes payable in 1995. The difference between the levy as originally certified by the local government and the reduced levy shall be certified to the commissioner of revenue at the time the abstracts are submitted under Minnesota Statutes, section 275.29. That amount shall be paid to the local government on or before August 31.
Subd. 2. [APPROPRIATION.] An amount sufficient to pay the aid provided for under this section is appropriated from the general fund to the commissioner of revenue for payment to counties, cities, townships, and special taxing districts. An amount sufficient to pay the aid provided for under this section is appropriated from the general fund to the commissioner of education for payment to school districts.
Sec. 82. [PENSION LIABILITIES.]
Notwithstanding any other law or charter provision to the contrary, no levy for taxes payable in 1996 for a local police and fire relief association for the purpose of amortizing an unfunded pension liability may exceed the levy for that purpose for taxes payable in 1995.
Sec. 83. [DUTIES OF TOWNSHIP BOARD OF SUPERVISORS.]
Notwithstanding Minnesota Statutes, section 365.10, in 1995 the township board of supervisors shall adjust the levy and in 1996 the township board of supervisors may adjust the expenditures of a township below the level authorized by the electors to adjust for any reduction in the previously authorized levy of the township pursuant to section 75.
Sec. 84. [PROPERTY TAX AND EDUCATION AIDS REFORM.]
Subdivision 1. [RECOMMENDED PROGRAM.] The legislative commission on planning and fiscal policy shall prepare and recommend to the legislature a property tax reform and education aids reform program that includes:
(1) a property tax classification and class rate system;
(2) elementary and secondary education aids and levies; and
(3) aids to local government.
Subd. 2. [STANDARDS.] (a) The recommended program must provide for accountability, equity, revenue adequacy, and efficiency as provided in paragraphs (b) to (e).
(b) The recommended program must provide accountability by being understandable to the taxpayer, by linking the costs of services to the taxes paid for those services, and by correlating the responsibility for raising revenues with the ability to make spending decisions.
(c) The recommended program must provide equity by minimizing large, short-term shifts in tax burdens, and by ensuring that tax burdens and aids are progressive and related to the ability to pay or raise revenue.
(d) The recommended program must provide for adequate revenue by controlling costs and the need for increased revenue, minimizing reductions or shifts in revenues available to local governments to provide needed services, and directing aids to meet needs and fund services based on established funding priorities.
(e) The program must promote efficiency by providing stable predictable property taxes and local government revenues that are competitive with those of other states and areas so that property taxes and aids have minimal impact on the economic decisions of taxpayers.
Subd. 3. [TASK FORCE.] The commission may designate a task force to advise the commission in carrying out its duties under this section. The task force may include legislators, agency and legislative staff, state and local governmental officials, educators, and taxpayers and members of the public. The task force expires on January 1, 1997.
Subd. 4. [SERVICES.] The commission may enter into contracts for the professional and other services necessary to carry out its duties under this section.
Subd. 5. [REPORT.] The commission shall report its recommendations to the legislature on or before January 1, 1997. The report shall include proposed legislation to implement the recommendations of the commission.
Sec. 85. [UNFUNDED MANDATE PROHIBITION.]
Subdivision 1. [DEFINITION.] As used in this section, "state mandates" has the meaning given in Minnesota Statutes, section 3.881.
Subd. 2. [FUNDING OF THE COST OF MANDATES.] If the fiscal note prepared by the commissioner of finance under Minnesota Statutes, section 3.982, indicates that a new or expanded mandate on a political subdivision in a bill introduced in the legislature will impose a statewide cost on counties in excess of $500,000 or a statewide cost on cities or townships in excess of $250,000, the political subdivisions are not required to implement the mandate unless the legislature, by appropriation enacted before the mandate is required to be implemented, provides reimbursement to the political subdivisions for the costs incurred.
Sec. 86. [SAVINGS CLAUSE.]
Notwithstanding the repealers in section 87 or any other provision in this act to the contrary, nothing in this act constitutes an impairment of any obligations, certificates of indebtedness, capital notes, or other debt instruments, including installment purchase contracts or lease purchase agreements, issued before the date of final enactment of this act, by a municipality as defined in Minnesota Statutes, section 469.174, subdivision 6, or a special taxing district as defined in Minnesota Statutes, section 275.066.
Sec. 87. [REPEALER.]
Subdivision 1. Minnesota Statutes 1994, sections 124.01; 124.05; 124.06; 124.07; 124.76; 124.82; 124.829; 124.83; 124.84; 124.85; 124.86; 124.90; 124.91; 124.912; 124.914; 124.916; 124.918; 124.95; 124.961; 124.962; 124.97; 124A.02, subdivisions 16, 23, and 24; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i; 124A.0311; 124A.032; 124A.04; 124A.22, subdivisions 1, 2, 3, 4, 4a, 4b, 6, 6a, 8, and 9; 124A.23; 124A.24; 124A.26, subdivisions 1, 2, and 3; 124A.27; 124A.28; and 124A.29, subdivision 2, are repealed. Laws 1991, chapter 265, article 7, section 35, is repealed.
Subd. 2. Minnesota Statutes 1994, sections 273.13; 273.135; 273.136; 273.1391; 473F.001; 473F.01; 473F.02; 473F.03; 473F.05; 473F.06; 473F.07; 473F.08; 473F.09; 473F.10; 473F.11; 473F.13; 477A.011; 477A.012; 477A.0121; 477A.0122; 477A.013; 477A.0132; 477A.014; 477A.015; 477A.016; 477A.017; 477A.03; 477A.11; 477A.12; 477A.13; 477A.14; and 477A.15, are repealed.
Subd. 3. [REPEALER.] Minnesota Statutes 1994, sections 245.48; and 256H.12, subdivision 3, are repealed.
Sec. 88. [EFFECTIVE DATE.]
Sections 2 to 5 and 85, subdivision 3, are effective July 1, 1995. Section 87, subdivision 2, is effective for taxes payable in 1998, and section 87, subdivision 1, is effective for the 1998-1999 school year, provided that if the legislature does not pass and the governor does not approve legislation by the conclusion of the 1997 session that states in its body that it is replacing the provisions of the repealed chapters and sections in section 87, the repealed chapters and sections are reenacted.
Sections 10 to 71, and section 75, subdivision 3, will not become effective if a bill styled as S. F. No. 944 is enacted during the 1995 session of the legislature and that bill provides for the imposition of levies by school districts for taxes payable in 1996."
A roll call was requested and properly seconded.
Sviggum raised a point of order pursuant to rule 3.09 that the Long amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.
The question recurred on the Long amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 13 yeas and 118 nays as follows:
Those who voted in the affirmative were:
Farrell Kalis Murphy Skoglund Wagenius Hausman Mahon Orenstein Trimble Johnson, R. Milbert Sarna TunheimThose who voted in the negative were:
Abrams Erhardt Knight Ness Simoneau Anderson, B. Finseth Knoblach Olson, E. Smith Bakk Frerichs Koppendrayer Olson, M. Solberg Bertram Garcia Kraus Onnen Stanek Bettermann Girard Krinkie Orfield Sviggum Bishop Goodno Larsen Osskopp Swenson, D. Boudreau Greenfield Leighton Osthoff Swenson, H. Bradley Greiling Leppik Ostrom Sykora Broecker Haas Lieder Otremba Tomassoni Brown Hackbarth Lindner Ozment Tuma Carlson Harder Long Paulsen Van Dellen Carruthers Hasskamp Lourey Pawlenty Van Engen Clark Holsten Luther Pellow Vickerman Commers Hugoson Lynch Pelowski Warkentin Cooper Huntley Macklin Perlt Weaver Daggett Jaros Mares Peterson Wejcman Dauner Jefferson Mariani Pugh Wenzel Davids Jennings Marko Rest Winter Dawkins Johnson, A. McCollum Rhodes Wolf Dehler Johnson, V. McElroy Rice Worke Delmont Kahn McGuire Rostberg WorkmanThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3592
Dempsey Kelley Molnau Rukavina Sp.Anderson,I Dorn Kelso Mulder Schumacher Entenza Kinkel Munger Seagren
Sviggum moved to amend H. F. No. 1844, the first engrossment, as follows:
Page 1, line 20, before the period, insert "and without enacting a tax increase that would place the state as one of the top five states for that tax in the most recent comparative state tax rankings"
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 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Tuma Anderson, B. Frerichs Krinkie Osskopp Van Dellen Bettermann Girard Larsen Paulsen Van Engen Bishop Goodno Leppik Pawlenty Vickerman Boudreau Haas Lindner Pellow Warkentin Bradley Hackbarth Lynch Rhodes Weaver Broecker Harder Macklin Seagren Wolf Commers Holsten Mares Smith Worke Daggett Hugoson McElroy Stanek Workman Davids Johnson, V. Molnau Sviggum Dehler Knight Mulder Swenson, D. Dempsey Knoblach Ness Swenson, H. Erhardt Koppendrayer Olson, M. SykoraThose who voted in the negative were:
Bakk Greiling Lieder Osthoff Skoglund Bertram Hasskamp Long Ostrom Solberg Brown Hausman Lourey Otremba Tomassoni Carlson Huntley Luther Ozment Trimble Carruthers Jaros Mahon Pelowski Tunheim Clark Jefferson Mariani Perlt Wagenius Cooper Jennings Marko Peterson Wejcman Dauner Johnson, A. McCollum Pugh Wenzel Dawkins Johnson, R. McGuire Rest Winter Delmont Kahn Milbert Rice Sp.Anderson,I Dorn Kalis Munger Rostberg Entenza Kelley Murphy Rukavina Farrell Kelso Olson, E. Sarna Garcia Kinkel Orenstein Schumacher Greenfield Leighton Orfield SimoneauThe motion did not prevail and the amendment was not adopted.
Van Dellen moved to amend H. F. No. 1844, the first engrossment, as follows:
Page 1, line 23, after the period, insert "Local property taxes may be used to pay operating expenses only if approved by the voters of a school district in a referendum."
Page 2, line 2, after "taxes" insert ", unless local property taxes are approved for operating funds by local referendum"
A roll call was requested and properly seconded.
The question was taken on the Van Dellen amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 64 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Ness Sviggum Anderson, B. Girard Krinkie Olson, M. Swenson, H. Bettermann Goodno Larsen Onnen Sykora Boudreau Greiling Leppik Osskopp Tuma Bradley Haas Lindner Paulsen Van Dellen Broecker Hackbarth Lynch Pawlenty Van Engen Commers Harder Macklin Pellow Vickerman Daggett Holsten Mahon Rhodes Warkentin Davids Hugoson Mares Rostberg Weaver Dehler Johnson, V. McElroy Schumacher Wolf Dempsey Knight McGuire Seagren Worke Erhardt Knoblach Molnau Smith Workman Finseth Koppendrayer Mulder StanekThose who voted in the negative were:
Bakk Garcia Kinkel Orfield Skoglund Bertram Greenfield Leighton Osthoff Solberg Bishop Hasskamp Lieder Ostrom Swenson, D. Brown Hausman Long Otremba Tomassoni Carlson Huntley Lourey Ozment Trimble Carruthers Jaros Luther Pelowski Tunheim Clark Jefferson Mariani Perlt Wagenius Cooper Jennings Marko Peterson Wejcman Dauner Johnson, A. McCollum Pugh Wenzel Dawkins Johnson, R. Milbert Rest Winter Delmont Kahn Munger Rice Sp.Anderson,I Dorn Kalis Murphy Rukavina Entenza Kelley Olson, E. Sarna Farrell Kelso Orenstein SimoneauThe motion did not prevail and the amendment was not adopted.
Finseth offered an amendment to H. F. No. 1844, the first engrossment.
Carruthers raised a point of order pursuant to rule 3.09 that the Finseth amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Sviggum appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 69 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Kinkel Olson, E. Sarna Bertram Greiling Leighton Orenstein Schumacher Brown Hasskamp Lieder Orfield Simoneau Carlson Hausman Long Osthoff Skoglund Carruthers Huntley Lourey Ostrom Solberg Clark Jaros Luther Otremba Tomassoni Cooper Jefferson Mahon Ozment Trimble Dauner Jennings Mariani Pelowski Tunheim Dawkins Johnson, A. Marko Perlt Wagenius Delmont Johnson, R. McCollum Peterson Wejcman Dorn Kahn McGuire Pugh Wenzel Entenza Kalis Milbert Rest Winter Farrell Kelley Munger Rice Sp.Anderson,I Garcia Kelso Murphy RukavinaThose who voted in the negative were:
Abrams Finseth Kraus Onnen Sykora 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 Smith Worke Davids Johnson, V. Molnau Stanek Workman Dehler Knight Mulder Sviggum Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.So it was the judgment of the House that the decision of the Speaker should stand.
Pawlenty moved to amend H. F. No. 1844, the first engrossment, as follows:
Page 1, lines 20 and 21, delete "local"
Page 2, line 2, delete "local"
A roll call was requested and properly seconded.
The question was taken on the Pawlenty amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 64 yeas and 66 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 Osthoff Sykora Bishop Goodno Leppik Ozment Tuma Boudreau Haas Lindner Paulsen Van Dellen Bradley Hackbarth Lynch Pawlenty Van Engen Broecker Harder Macklin Pellow Vickerman Commers Holsten Mares Rhodes Warkentin Daggett Hugoson McElroy Rostberg Weaver Davids Johnson, V. Molnau Seagren WolfThose who voted in the negative were:
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3595
Dehler Knight Mulder Smith Worke Dempsey Knoblach Ness Stanek Workman Erhardt Koppendrayer Olson, M. Sviggum
Bakk Greenfield Kinkel Olson, E. Skoglund Bertram Greiling Leighton Orenstein Solberg Brown Hasskamp Lieder Orfield Tomassoni Carlson Hausman Long Ostrom Trimble Carruthers Huntley Lourey Otremba Tunheim Clark Jaros Luther Pelowski Wagenius Cooper Jefferson Mahon Perlt Wejcman Dauner Jennings Mariani Peterson Wenzel Dawkins Johnson, A. Marko Pugh Winter Delmont Johnson, R. McCollum Rest Sp.Anderson,I Dorn Kahn McGuire Rice Entenza Kalis Milbert Rukavina Farrell Kelley Munger Sarna Garcia Kelso Murphy SimoneauThe motion did not prevail and the amendment was not adopted.
Pawlenty, Kraus, Haas, Sykora, Hackbarth, Mulder, Broecker, Workman, Rostberg, Daggett, Bradley, Mares, Commers and Warkentin offered an amendment to H. F. No. 1844, the first engrossment.
Skoglund raised a point of order pursuant to rule 3.09 that the Pawlenty et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Sviggum appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 70 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Leighton Orfield Skoglund Bertram Greiling Lieder Osthoff Solberg Brown Hasskamp Long Ostrom Tomassoni Carlson Hausman Lourey Otremba Trimble Carruthers Huntley Luther Ozment Tunheim Clark Jaros Mahon Pelowski Wagenius Cooper Jefferson Mariani Perlt Wejcman Dauner Jennings Marko Peterson Wenzel Davids Johnson, A. McCollum Pugh Winter Dawkins Johnson, R. McGuire Rest Sp.Anderson,I Delmont Kahn Milbert Rice Dorn Kalis Munger Rukavina Entenza Kelley Murphy Sarna Farrell Kelso Olson, E. Schumacher Garcia Kinkel Orenstein SimoneauThose who voted in the negative were:
Abrams Frerichs Krinkie Osskopp Tuma Anderson, B. Girard Larsen Paulsen Van Dellen Bettermann Goodno Leppik Pawlenty Van Engen Bishop Haas Lindner Pellow Vickerman Boudreau Hackbarth Lynch Rhodes Warkentin Bradley Harder Macklin Rostberg Weaver Broecker Holsten Mares Seagren Wolf Commers Hugoson McElroy Smith WorkeSo it was the judgment of the House that the decision of the Speaker should stand.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3596
Daggett Johnson, V. Molnau Stanek Workman Dehler Knight Mulder Sviggum Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H. Finseth Kraus Onnen Sykora
Sviggum, Hackbarth, Daggett, McElroy, Tuma, Kraus, Mulder, Osskopp, Rostberg, Warkentin and Anderson, B., offered an amendment to H. F. No. 1844, the first engrossment.
Ostrom raised a point of order pursuant to rule 3.09 that the Sviggum et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Sviggum and Paulsen offered an amendment to H. F. No. 1844, the first engrossment.
Carruthers raised a point of order pursuant to rule 3.09 that the Sviggum and Paulsen amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
H. F. No. 1844, A bill for an act relating to taxation; proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes; changing the date for certification and payment of certain costs for purposes of property tax levies; amending Minnesota Statutes 1994, section 270.52.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 81 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Bakk Finseth Kinkel Munger Smith Bertram Garcia Kraus Murphy Solberg Boudreau Greenfield Larsen Ness Stanek Broecker Hasskamp Leighton Olson, E. Swenson, D. Brown Hausman Leppik Orenstein Tomassoni Carlson Holsten Lieder Orfield Trimble Carruthers Huntley Long Osskopp Tuma Clark Jaros Lourey Otremba Tunheim Cooper Jefferson Luther Pelowski Wagenius Dauner Jennings Macklin Perlt Wejcman Davids Johnson, A. Mahon Peterson Wenzel Dawkins Johnson, R. Mares Pugh Winter Dehler Johnson, V. Mariani Rest Sp.Anderson,I Delmont Kahn Marko Rhodes Dorn Kalis McCollum Sarna Entenza Kelley McGuire Schumacher Farrell Kelso Milbert SimoneauThose who voted in the negative were:
Abrams Goodno Lynch Pellow Vickerman Anderson, B. Greiling McElroy Rice Warkentin Bettermann Haas Molnau Rostberg Weaver Bishop Hackbarth Mulder Rukavina Wolf Bradley Harder Olson, M. Seagren Worke Commers Hugoson Onnen Skoglund Workman Daggett Knight Osthoff Sviggum Dempsey Knoblach Ostrom Swenson, H. Erhardt Koppendrayer Ozment Sykora Frerichs Krinkie Paulsen Van DellenThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3597
Girard Lindner Pawlenty Van Engen
The Speaker called Trimble to the Chair.
S. F. No. 752 was reported to the House.
Mahon moved to amend S. F. No. 752, the unofficial engrossment, as follows:
Page 29, after line 5, insert:
"Sec. 25. [TELECOMMUNICATIONS EMPLOYEE RETRAINING PROGRAM.]
The commission shall, by January 1, 1996, submit recommendations to the legislature regarding the establishment of a telecommunications employee retraining program. The commission shall:
(1) describe the impact on the nature of telecommunication occupations, and the displacement of telecommunication employees, caused by changing markets, technological advances, changing methods of operations and competition in the telecommunications industry; and
(2) recommend how telecommunication employee retraining funds should be raised and expended, what eligibility requirements would be appropriate for dispersing these funds, what an adequate amount per displaced telecommunication employee would be for retraining, how the retraining should be provided, and when such a program should be discontinued."
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 Mahon amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 54 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Bakk Greiling Long Ness Sarna Carlson Hausman Lourey Orenstein Skoglund Carruthers Huntley Luther Osthoff Smith Clark Jaros Mahon Otremba Solberg Dauner Jefferson Mariani Ozment Tomassoni Dawkins Jennings Marko Perlt Trimble Delmont Johnson, A. McCollum Pugh Wagenius Entenza Johnson, R. McGuire Rest Wejcman Farrell Kahn Milbert Rice Wenzel Garcia Kelley Munger Rostberg Sp.Anderson,I Greenfield Leighton Murphy RukavinaThose who voted in the negative were:
Abrams Erhardt Koppendrayer Orfield Sykora Anderson, B. Finseth Kraus Osskopp Tuma Bertram Frerichs Krinkie Ostrom Tunheim Bettermann Girard Larsen Paulsen Van Dellen Bishop Goodno Leppik Pawlenty Van EngenThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 51st Day - Top of Page 3598
Boudreau Haas Lieder Pellow Vickerman Bradley Hackbarth Lindner Pelowski Warkentin Broecker Harder Lynch Peterson Weaver Brown Hasskamp Macklin Rhodes Winter Commers Holsten Mares Schumacher Wolf Cooper Hugoson McElroy Seagren Worke Daggett Johnson, V. Molnau Simoneau Workman Davids Kalis Mulder Stanek Dehler Kinkel Olson, E. Sviggum Dempsey Knight Olson, M. Swenson, D. Dorn Knoblach Onnen Swenson, H.
McCollum, Haas, Mares and Hausman moved to amend S. F. No. 752, the unofficial engrossment, as follows:
Page 10, line 3, delete "whether and"
Page 28, line 28, delete "issue of"
Page 29, line 1, delete "the"
Page 29, line 2, delete "issues of"
A roll call was requested and properly seconded.
The question was taken on the McCollum et al amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 44 yeas and 87 nays as follows:
Those who voted in the affirmative were:
Carlson Greiling Long Munger Sarna Carruthers Haas Luther Orenstein Skoglund Clark Hausman Mahon Orfield Swenson, D. Dawkins Huntley Mares Ostrom Sykora Dorn Jaros Mariani Perlt Tomassoni Entenza Johnson, A. Marko Pugh Trimble Farrell Kahn McCollum Rest Wagenius Garcia Kelley McGuire Rice Wejcman Greenfield Leighton Milbert RukavinaThose who voted in the negative were:
Abrams Erhardt Knoblach Onnen Sviggum Anderson, B. Finseth Koppendrayer Osskopp Swenson, H. Bakk Frerichs Kraus Osthoff Tuma Bertram Girard Krinkie Otremba Tunheim Bettermann Goodno Larsen Ozment Van Dellen Bishop Hackbarth Leppik Paulsen Van Engen Boudreau Harder Lieder Pawlenty Vickerman Bradley Hasskamp Lindner Pellow Warkentin Broecker Holsten Lourey Pelowski Weaver Brown Hugoson Lynch Peterson Wenzel Commers Jefferson Macklin Rhodes Winter Cooper Jennings McElroy Rostberg Wolf Daggett Johnson, R. Molnau Schumacher Worke Dauner Johnson, V. Mulder Seagren Workman Davids Kalis Murphy Simoneau Sp.Anderson,I Dehler Kelso Ness Smith Delmont Kinkel Olson, E. Solberg Dempsey Knight Olson, M. StanekThe motion did not prevail and the amendment was not adopted.
S. F. No. 752, A bill for an act relating to telecommunications; allowing for alternative regulation of telephone companies for a limited period; authorizing rulemaking to promote fair and reasonable competition for local exchange service; making technical changes; amending Minnesota Statutes 1994, sections 237.01, subdivision 6; 237.035; 237.09; 237.16; and 237.461, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 237.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 122 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Orenstein Stanek Anderson, B. Frerichs Kraus Orfield Sviggum Bakk Garcia Krinkie Osskopp Swenson, D. Bertram Girard Larsen Osthoff Swenson, H. Bettermann Goodno Leighton Ostrom Sykora Bishop Greenfield Leppik Otremba Tomassoni Boudreau Haas Lieder Ozment Trimble Bradley Hackbarth Lindner Paulsen Tuma Broecker Harder Long Pawlenty Tunheim Brown Hasskamp Luther Pellow Van Dellen Carlson Holsten Lynch Pelowski Van Engen Carruthers Hugoson Macklin Perlt Vickerman Clark Huntley Mahon Peterson Wagenius Commers Jaros Mariani Pugh Warkentin Cooper Jefferson Marko Rhodes Weaver Daggett Jennings McElroy Rice Wejcman Dauner Johnson, A. McGuire Rostberg Wenzel Davids Johnson, R. Molnau Rukavina Winter Dehler Johnson, V. Mulder Sarna Wolf Delmont Kalis Munger Schumacher Worke Dempsey Kelley Murphy Seagren Workman Dorn Kelso Ness Simoneau Sp.Anderson,I Entenza Kinkel Olson, E. Skoglund Erhardt Knight Olson, M. Smith Farrell Knoblach Onnen SolbergThose who voted in the negative were:
Dawkins Hausman Mares Milbert Greiling Kahn McCollum RestThe bill was passed and its title agreed to.
Johnson, R., was excused for the remainder of today's session.
S. F. No. 1051 was reported to the House.
Vickerman moved to amend S. F. No. 1051 as follows:
Page 2, line 14, delete "at least once annually" and insert "four times per year"
Page 2, line 16, after "state" insert "patrol"
The motion prevailed and the amendment was adopted.
S. F. No. 1051, A bill for an act relating to emergency telephone services; requiring provider of cellular telephone services to include in its billings a notice regarding 911 calls; making technical changes; amending Minnesota Statutes 1994, sections 403.02, subdivision 1; 403.07, subdivision 1; and 403.09; proposing coding for new law in Minnesota Statutes, chapter 403.
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 125 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Sviggum Anderson, B. Frerichs Kraus Orenstein Swenson, D. Bakk Garcia Krinkie Orfield Swenson, H. Bertram Girard Larsen Osthoff Sykora Bettermann Goodno Leighton Ostrom Tomassoni Bishop Greenfield Leppik Otremba Trimble Boudreau Greiling Lieder Ozment Tuma Bradley Haas Long Pawlenty Tunheim Broecker Hackbarth Lourey Pellow Van Dellen Brown Harder Luther Pelowski Van Engen Carlson Hasskamp Lynch Perlt Vickerman Carruthers Hausman Macklin Peterson Wagenius Clark Holsten Mahon Pugh Warkentin Commers Hugoson Mares Rest Weaver Cooper Huntley Mariani Rhodes Wejcman Daggett Jaros Marko Rice Wenzel Dauner Jefferson McCollum Rostberg Winter Davids Jennings McElroy Rukavina Wolf Dawkins Johnson, A. McGuire Sarna Worke Dehler Johnson, V. Milbert Schumacher Workman Delmont Kahn Molnau Seagren Sp.Anderson,I Dempsey Kalis Mulder Simoneau Dorn Kelley Munger Skoglund Entenza Kinkel Murphy Smith Erhardt Knight Ness Solberg Farrell Knoblach Olson, E. StanekThose who voted in the negative were:
Lindner Olson, M. Osskopp PaulsenThe bill was passed, as amended, and its title agreed to.
The Speaker resumed the Chair.
Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Carruthers moved that the remaining bill 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.
Pellow moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, May 1, 1995, when the vote was taken on the repassage of H. F. No. 331, as amended by the Senate." The motion prevailed.
Daggett moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, May 1, 1995, when the vote was taken on the repassage of H. F. No. 1602, as amended by the Senate." The motion prevailed.
Lourey moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, April 27, 1995, when the vote was taken on the first Knoblach et al amendment to S. F. No. 1678, the unofficial engrossment, as amended." The motion prevailed.
Mulder moved that H. F. No. 243 be returned to its author. The motion prevailed.
Mulder moved that H. F. No. 296 be returned to its author. The motion prevailed.
Mulder moved that H. F. No. 822 be returned to its author. The motion prevailed.
Mulder moved that H. F. No. 1319 be returned to its author. The motion prevailed.
Mulder moved that H. F. No. 1634 be returned to its author. The motion prevailed.
Simoneau moved that H. F. No. 1751 be returned to its author. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1105:
Leighton, Entenza and Bishop.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 106:
Brown, Sarna, Trimble, Larsen and Johnson, V.
Carruthers moved that when the House adjourns today it adjourn until 11:30 a.m., Wednesday, May 3, 1995. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Wednesday, May 3, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
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