JOURNAL OF THE HOUSE - 58th Day - Top of Page 4243

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

FIFTY-EIGHTH DAY

Saint Paul, Minnesota, Thursday, May 11, 1995

Index to today's Journal

The House of Representatives convened at 9:30 a.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Minister Rick Lanning, North West Church of Christ, New Hope, Minnesota.

The roll was called and the following members were present:

Abrams       Frerichs     Kraus        Onnen        Stanek
Anderson, B. Garcia       Krinkie      Opatz        Sviggum
Anderson, R. Girard       Larsen       Orenstein    Swenson, D.
Bakk         Goodno       Leighton     Orfield      Swenson, H.
Bettermann   Greenfield   Leppik       Osskopp      Sykora
Bishop       Greiling     Lieder       Osthoff      Tomassoni
Boudreau     Haas         Lindner      Ostrom       Tompkins
Bradley      Hackbarth    Long         Otremba      Trimble
Broecker     Harder       Lourey       Ozment       Tuma
Brown        Hasskamp     Luther       Paulsen      Tunheim
Carlson      Hausman      Lynch        Pawlenty     Van Dellen
Carruthers   Holsten      Macklin      Pellow       Van Engen
Clark        Hugoson      Mahon        Pelowski     Vickerman
Commers      Huntley      Mares        Perlt        Warkentin
Cooper       Jaros        Mariani      Peterson     Weaver
Daggett      Jefferson    Marko        Pugh         Wejcman
Dauner       Jennings     McCollum     Rest         Wenzel
Davids       Johnson, A.  McElroy      Rhodes       Winter
Dawkins      Johnson, R.  McGuire      Rice         Wolf
Dehler       Johnson, V.  Milbert      Rostberg     Worke
Delmont      Kahn         Molnau       Rukavina     Workman
Dempsey      Kalis        Mulder       Sarna        Sp.Anderson,I
Dorn         Kelley       Munger       Schumacher   
Entenza      Kinkel       Murphy       Seagren      
Erhardt      Knight       Ness         Simoneau     
Farrell      Knoblach     Olson, E.    Smith        
Finseth      Koppendrayer Olson, M.    Solberg      
A quorum was present.

Bertram was excused.

Skoglund was excused until 10:05 a.m. Wagenius was excused until 10:15 a.m. Kelso was excused until 11:00 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Wejcman moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

REPORTS OF CHIEF CLERK

S. F. No. 217 and H. F. No. 966, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Entenza moved that the rules be so far suspended that S. F. No. 217 be substituted for H. F. No. 966 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 1233 and H. F. No. 1258, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hausman moved that the rules be so far suspended that S. F. No. 1233 be substituted for H. F. No. 1258 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 8, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 273, relating to motor vehicles; allowing license plates for collector vehicles to be transferred and reissued; imposing fees.

H. F. No. 1460, relating to government; modifying a budget report date for cities; modifying certain budget publication requirements.

H. F. No. 1602, relating to health; establishing provisions for mobile health care providers.

H. F. No. 331, relating to health; modifying provisions relating to access to patients and residents.

H. F. No. 586, relating to motor vehicles; authorizing sale and disposal of unauthorized, abandoned, and junk vehicles by impound lots.

H. F. No. 694, relating to human services; modifying child care programs and county contribution.

Warmest regards,

Arne H. Carlson

Governor


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STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 8, 1995

Ms. Joan Anderson Growe

Secretary of State

The State of Minnesota

Dear Ms. Growe:

It is my honor to inform you that I have allowed House File No. 266 (Chapter 133) to become law without my signature.

H. F. No. 266, relating to peace officers; authorizing certain expenditures by a surviving spouse from a dependent child's share of a peace officer's survivor benefits.

With this correspondence, House File No. 266 (Chapter 133) is submitted to you for filing.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1995 1995

273 132 3:40 p.m. May 8 May 8

266** 133 May 8

1460 134 3:42 p.m. May 8 May 8

1602 135 3:42 p.m. May 8 May 8

331 136 3:45 p.m. May 8 May 8

586 137 3:50 p.m. May 8 May 8

694 139 3:50 p.m. May 8 May 8

973 140 3:54 p.m. May 8 May 8

Sincerely,

Joan Anderson Growe

Secretary of State

**[NOTE: H. F. No. 266 became law without Governor's signature.]


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SECOND READING OF SENATE BILLS

S. F. Nos. 217 and 1233 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Olson, E., introduced:

H. F. No. 1910, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

The bill was read for the first time and referred to the Committee on Ways and Means.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 833, A bill for an act relating to local government; modifying certain provisions relating to comprehensive municipal planning in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.235, subdivisions 3, 5, and by adding a subdivision; 462.355, by adding a subdivision; 473.858, subdivision 1; 473.859, subdivisions 1, 2, and 5; 473.864, subdivision 2; and 473.867, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Long moved that the House concur in the Senate amendments to H. F. No. 833 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 833, A bill for an act relating to local government; modifying certain provisions relating to comprehensive municipal planning in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.235, subdivisions 3, 5, and by adding a subdivision; 462.355, by adding a subdivision; 473.858, subdivision 1; 473.859, subdivisions 1, 2, and 5; 473.864, subdivision 2; and 473.867, 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 73 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greiling     Leppik       Opatz        Schumacher
Bakk         Hasskamp     Lieder       Orenstein    Simoneau
Brown        Hausman      Long         Orfield      Skoglund
Carlson      Huntley      Lourey       Osthoff      Solberg
Carruthers   Jaros        Luther       Ostrom       Swenson, D.
Clark        Jefferson    Mahon        Otremba      Tomassoni
Cooper       Jennings     Mariani      Pelowski     Trimble
Dauner       Johnson, A.  Marko        Perlt        Tunheim
Dawkins      Johnson, R.  McCollum     Peterson     Wagenius
Delmont      Kahn         McGuire      Pugh         Wejcman
Dorn         Kalis        Milbert      Rest         Wenzel
Entenza      Kelley       Munger       Rhodes       Winter
Farrell      Kinkel       Murphy       Rice         Sp.Anderson,I

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Garcia Larsen Ness Rukavina Greenfield Leighton Olson, E. Sarna
Those who voted in the negative were:

Abrams       Erhardt      Knoblach     Onnen        Sykora
Anderson, B. Finseth      Koppendrayer Osskopp      Tompkins
Bettermann   Frerichs     Kraus        Ozment       Tuma
Bishop       Girard       Krinkie      Paulsen      Van Dellen
Boudreau     Goodno       Lindner      Pawlenty     Van Engen
Bradley      Haas         Lynch        Pellow       Vickerman
Broecker     Hackbarth    Macklin      Rostberg     Warkentin
Commers      Harder       Mares        Seagren      Weaver
Daggett      Holsten      McElroy      Smith        Wolf
Davids       Hugoson      Molnau       Stanek       Worke
Dehler       Johnson, V.  Mulder       Sviggum      Workman 
Dempsey      Knight       Olson, M.    Swenson, H.  
The 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. 446, A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 147B.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Leppik moved that the House concur in the Senate amendments to H. F. No. 446 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 446, A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; appropriating money; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 147B.

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 119 yeas and 10 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Ness         Solberg
Anderson, R. Frerichs     Kraus        Olson, E.    Stanek
Bakk         Garcia       Larsen       Orfield      Swenson, D.
Bettermann   Girard       Leighton     Osthoff      Swenson, H.
Boudreau     Goodno       Leppik       Ostrom       Sykora
Bradley      Greenfield   Lieder       Otremba      Tomassoni
Broecker     Greiling     Lindner      Ozment       Tompkins
Brown        Haas         Long         Paulsen      Trimble

JOURNAL OF THE HOUSE - 58th Day - Top of Page 4248
Carlson Hackbarth Lourey Pawlenty Tuma Carruthers Harder Luther Pellow Tunheim Clark Hasskamp Lynch Pelowski Van Dellen Commers Hausman Macklin Peterson Van Engen Cooper Holsten Mahon Pugh Vickerman Daggett Hugoson Mares Rest Wagenius Dauner Huntley Mariani Rhodes Warkentin Davids Jaros Marko Rice Weaver Dawkins Jefferson McCollum Rostberg Wejcman Dehler Jennings McElroy Rukavina Wenzel Delmont Johnson, R. McGuire Sarna Winter Dempsey Johnson, V. Milbert Schumacher Wolf Dorn Kalis Molnau Seagren Worke Entenza Kelley Mulder Simoneau Workman Erhardt Kinkel Munger Skoglund Sp.Anderson,I Farrell Knoblach Murphy Smith
Those who voted in the negative were:

Anderson, B. Krinkie      Opatz        Sviggum      
Bishop       Olson, M.    Orenstein    
Knight       Onnen        Osskopp      
The 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. 628, A bill for an act relating to the family; creating a presumption of refusal or neglect of parental duties in certain termination of parental rights cases; amending Minnesota Statutes 1994, section 260.221, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Bishop moved that the House refuse to concur in the Senate amendments to H. F. No. 628, 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 File, herewith transmitted:

S. F. No. 467.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 467, 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; abolishing the metropolitan radio board on a certain date and transferring its duties and responsibilities; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 174 and 473.

The bill was read for the first time.

Kelley moved that S. F. No. 467 and H. F. No. 597, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


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There being no objection, the order of business reverted to Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 856, A bill for an act relating to ethics in government; extending the enforcement authority of the ethical practices board to cover gifts to local officials; making advisory opinions public data; authorizing civil penalties; clarifying certain definitions and prohibitions; clarifying and authorizing exceptions to the ban on gifts; appropriating money; amending Minnesota Statutes 1994, sections 10A.02, subdivision 12; 10A.071; 10A.34; and 471.895.

Reported the same back with the following amendments:

Page 1, line 15, delete "or"

Page 1, line 16, delete "section 471.895"

Page 2, after line 16, insert:

"Sec. 2. [10A.055] [STATE AGENCY REPORTS.]

A state agency shall report to the board by January 31 each year on forms provided by the board if it has estimated expenditures of the agency for the previous calendar year to pay the salary and reimburse the expenses of any staff person who spent over 25 percent of total work time during the previous year's legislative session on legislative matters."

Page 3, after line 30, insert:

"(8) admission, food, or beverage exceeding $5 but not exceeding $25 in total cost, provided that it is given at an event away from the offices of the governmental entity in which the recipient official holds office and that it must be reported quarterly to the ethical practices board by the gift giver, at the times and including the information required for lobbyist reports in section 10A.04, subdivisions 2 and 4, paragraph (c), and by the recipient official, as part of the economic interest statement required under section 10A.09 and including the amount and nature of the gift, the name and address of the gift giver, and the date the gift was given;"

Page 3, line 31, delete "(8)" and insert "(9)"

Page 4, line 2, delete "(9)" and insert "(10)"

Page 4, line 6, delete "commissioner, commission" and insert "member of the governing board, officer,"

Page 4, line 13, delete everything after "that"

Page 4, delete lines 14 and 15 and insert "a board member, official, or employee of the facility who receives the tickets or passes may not give, or request another to give, a ticket or pass to any official as defined by this section or local official as defined by section 471.895, other than another official or employee of the facility."

Page 5, line 14, after "board" insert ", or through a civil action brought in district court by the county attorney,"

Page 7, after line 13, insert:

"(8) admission, food, or beverage exceeding $5 but not exceeding $25 in total cost, provided that it is given at an event away from the offices of the governmental entity in which the recipient official holds office and that it must be reported quarterly to the local governmental unit by the recipient official and by the gift giver;"

Page 7, line 14, delete "(8)" and insert "(9)"

Page 7, line 21, delete "(9)" and insert "(10)"


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Page 7, line 25, delete "commissioner, commission" and insert "member of the governing board, officer,"

Page 7, line 32, delete everything after "that"

Page 7, delete lines 33 and 34, and insert "a board member, official, or employee of the facility who receives the tickets or passes may not give, or request another to give, a ticket or pass to any local official as defined by this section or official as defined by section 10A.071, other than another official or employee of the facility."

Page 8, line 9, delete "an interested person" and insert "a person with a special interest"

Page 8, line 10, strike "an interested" and insert "a" and after "person" insert "with a special interest"

Page 8, delete lines 29 to 36

Page 9, delete lines 1 to 7

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 8, delete "appropriating money;" and insert "requiring report by state agencies regarding salary and expenses paid for legislative matters;"

Page 1, line 10, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 10A"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 1040, A bill for an act relating to retirement; providing various benefit increases and related modifications; amending Minnesota Statutes 1994, sections 124.916, subdivision 3; 136.90; 352.01, subdivision 13; 352B.02, subdivision 1a; 352B.08, subdivision 2; 352B.10, subdivision 1; 353.65, subdivision 7; 353.651, subdivision 4; 354.445; 354.66, subdivision 4; 354A.094, subdivision 4; 354A.12, subdivisions 1, 2, and by adding a subdivision; 354A.27, subdivision 1, and by adding subdivisions; 354A.31, subdivision 4, and by adding a subdivision; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; 354B.08, subdivision 2; 356.30, subdivision 1; 356.611; 422A.05, by adding a subdivision; 422A.09, subdivision 2; and 422A.101, subdivision 1a; Laws 1994, chapter 499, section 2; proposing coding for new law in Minnesota Statutes, chapters 125; and 356; repealing Minnesota Statutes 1994, sections 3A.10, subdivision 2; 352.021, subdivision 5; and 354A.27, subdivisions 2, 3, and 4.

Reported the same back with the following amendments:

Page 2, line 13, after "system" insert ", technical college system,"

Page 2, line 15, after "university" insert ", technical college,"

Page 2, line 20, after "university" insert ", technical college,"

Page 2, line 24, after "association" insert "or from a first class city teacher plan"

Page 4, line 4, after "system" insert ", technical college system,"

Page 4, line 6, after "university" insert ", technical college,"

Page 4, line 11, after "university" insert ", technical college,"


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Page 7, after line 4, insert:

"Sec. 7. Minnesota Statutes 1994, section 354A.31, is amended by adding a subdivision to read:

Subd. 3a. [NO ANNUITY REDUCTION.] (a) The annuity reduction provisions of subdivision 3 do not apply to a person who:

(1) retires from the technical college system with at least ten years of service credit in the system from which the person retires;

(2) was employed on a full-time basis immediately preceding retirement as a technical college faculty member;

(3) begins drawing an annuity from a first class city teachers retirement association; and

(4) returns to work on not less than a one-third time basis and not more than a two-thirds time basis in the technical college system under an agreement in which the person may not earn a salary of more than $35,000 in a calendar year from the technical college system.

(b) Initial participation, the amount of time worked, and the duration of participation under this section must be mutually agreed upon by the employer and the employee. The employer may require up to a one-year notice of intent to participate in the program as a condition of participation under this section. The employer shall determine the time of year the employee shall work.

(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a) and (b) may not earn further service credit in a first class city teachers retirement association and is not eligible to participate in the individual retirement account plan or the supplemental retirement plan established in chapter 354B as a result of service under this section. No employer or employee contribution to any of these plans may be made on behalf of such a person."

Page 33, lines 12 to 15, delete the new language

Page 33, line 23, delete "1996" and insert "1997, and annually on each October 1 thereafter"

Page 33, line 25, after "the" insert "immediately preceding July 1 through June 30" and delete "July 1, 1995, through June 30, 1996,"

Page 33, line 30, after "of" insert "the preceding" and delete "1995,"

Page 33, line 32, delete "have" and insert "are certified by the executive director of the public employees retirement association as having for the current fiscal year"

Page 35, line 7, after "1996" insert ", or for a person who first becomes eligible for this incentive on or after January 31, 1996, retires before January 31, 1997"

Page 36, after line 27, insert:

"ARTICLE 6

PUBLIC PENSION PLAN COLLATERALIZATION REQUIREMENT

AND INVESTMENT AUTHORITY STATEMENT

Section 1. Minnesota Statutes 1994, section 356A.06, is amended by adding a subdivision to read:

Subd. 8a. [COLLATERALIZATION REQUIREMENT.] (a) The governing board of a covered pension plan shall designate a national bank, an insured state bank, an insured credit union, or an insured thrift institution as the depository for the pension plan.

(b) Unless collateralized as provided under paragraph (c), a covered pension plan may not deposit in a designated depository an amount in excess of the insurance held by the depository in the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, whichever applies.

(c) For an amount greater than the insurance under paragraph (b), the depository must provide collateral in compliance with section 118A.03.


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Sec. 2. Minnesota Statutes 1994, section 356A.06, is amended by adding a subdivision to read:

Subd. 8b. [DISCLOSURE OF INVESTMENT AUTHORITY; RECEIPT OF STATEMENT.] (a) For purposes of this subdivision, the term "broker" means a broker, broker-dealer, investment advisor, investment manager, or third-party agent who transfers, purchases, sells, or obtains investment securities for, or on behalf of, a covered pension plan.

(b) Before a covered pension plan may complete an investment transaction with or in accord with the advice of a broker, the covered pension plan shall provide annually to the broker a written statement of investment restrictions applicable under state law to the covered pension plan or applicable under the pension plan governing board investment policy.

(c) A broker must acknowledge in writing annually the receipt of the statement of investment restrictions and must agree to handle the covered pension plan's investments and assets in accord with the provided investment restrictions. A covered pension plan may not enter into or continue a business arrangement with a broker until the broker has provided this written acknowledgment to the chief administrative officer of the covered pension plan.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective January 1, 1996.

ARTICLE 7

MEDICAL CENTER EMPLOYEES

Section 1. [EMPLOYEES.]

This section applies if the Itasca county medical center is sold, leased, or transferred to a private entity. Notwithstanding any provision of Minnesota Statutes, sections 356.24 and 356.25 to the contrary, to facilitate the orderly transition of employees affected by the sale, lease, or transfer, the county may, in its discretion, make, from assets to be transferred to the private entity, payments to a qualified pension plan established for the transferred employees by the private entity, to provide benefits substantially similar to those the employees would have been entitled to under the provisions of the public employees retirement association, Minnesota Statutes 1994, sections 353.01 to 353.46.

ARTICLE 8

LEGISLATORS' SURVIVOR BENEFITS

Section 1. Minnesota Statutes 1994, section 3A.02, subdivision 5, is amended to read:

Subd. 5. [OPTIONAL ANNUITIES.] (a) The board of directors shall establish an optional retirement annuity in the form of a joint and survivor annuity and an optional retirement annuity in the form of a period certain and life thereafter. Except as provided in paragraph (b), these optional annuity forms must be actuarially equivalent to the normal annuity computed under this section, plus the actuarial value of any surviving spouse benefit otherwise potentially payable at the time of retirement under section 3A.04, subdivision 1. An individual selecting the an optional annuity under this subdivision waives any rights to surviving spouse benefits under section 3A.04, subdivision 1.

(b) If a retired legislator selects the joint and survivor annuity option, the retired legislator must receive a normal single-life annuity if the designated optional annuity beneficiary dies before the retired legislator and no reduction may be made in the annuity to provide for restoration of the normal single-life annuity in the event of the death of the designated optional annuity beneficiary.

(c) The surviving spouse of a legislator who has attained at least age 60 and who dies while a member of the legislature may elect an optional joint and survivor annuity under paragraph (a), in lieu of surviving spouse benefits under section 3A.04, subdivision 1.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."


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Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring collateralization and investment authority statement;"

Page 1, line 4, after "sections" insert "3A.02, subdivision 5;"

Page 1, line 12, delete "a subdivision" and insert "subdivisions"

Page 1, line 14, after the third semicolon, insert "356A.06, by adding subdivisions;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 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; 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.

Reported the same back with the following amendments:

Page 3, line 1, delete "fund" and insert "livable communities demonstration account" and delete "473.251" and insert "473.253"

Page 3, line 16, delete "fund" and insert "account"

Page 3, after line 18, insert:

"(c) 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;

(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; or

(6) plan for the reuse and redevelopment of polluted lands of regional significance."

Page 3, line 19, delete "(c)" and insert "(d)"


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Page 3, line 20, delete "fund" and insert "account"

Page 3, line 28, delete "(d)" and insert "(e)"

Page 3, line 30, delete "metropolitan" and delete "fund" and insert "demonstration account"

Page 3, line 31, delete "fund" and insert "account"

Page 4, lines 16 and 17 and lines 25 and 26, delete ", in consultation with the metropolitan livable communities advisory board,"

Page 4, line 21, after "(b)" insert "(1)"

Page 4, after line 31, insert:

"(2) In making grants, the council shall establish regular application deadlines in which grants will be awarded from the available money in the account. If the council provides for application cycles of less than six-month intervals, the council must reserve at least 40 percent of the receipts of the account for a year for application deadlines that occur in the second half of the year. If the applications for grants exceed the available funds for an application cycle, no more than one-half of the funds may be granted to projects in a statutory or home rule charter city and no more than three-quarters of the funds may be granted to projects located in cities of the first class."

Page 4, after line 34, insert:

"(d) For the purposes of this section, "municipality" means a statutory or home rule charter city, town, or county in the metropolitan area."

Page 6, line 5, delete "The board shall"

Page 6, delete lines 6 to 24

Page 6, line 34, delete "establish" and insert "adopt, by resolution after a public hearing, the negotiated"

Page 8, delete lines 3 to 28, and insert:

"(b) Beginning in 1999, 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, and not to have spent 85 percent of its affordable and life-cycle housing opportunities amount to create affordable and life-cycle housing opportunities in the previous year, or in aggregate over the previous three years in the case of the 1996, 1997, and 1998 amounts, 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; or

(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.

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."

Page 9, lines 6 and 7, delete ", in consultation with the metropolitan livable communities advisory board,"

Page 9, line 10, after the semicolon, insert "and"

Page 9, line 12, delete "; and" and insert a period

Page 9, delete lines 13 to 15

Page 9, line 19, after "that" insert "(1) have contribution net tax capacities that exceed their distribution net tax capacities by more than $200 per household, (2)"


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4255

Page 9, line 21, delete "and to those municipalities that" and insert ", and (3)"

Page 10, line 12, delete "2025" and insert "2020"

Page 10, line 15, delete "2025" and insert "2020"

Page 21, line 30, delete "4" and insert "2"

Pages 21 to 23, delete sections 2 and 3

Page 23, line 9, delete "4" and insert "2"

Page 24, delete lines 2 to 7

Page 24, line 8, delete everything before "An"

Page 24, line 17, delete "a"

Page 24, delete line 18 and insert "violating Minnesota Statutes, sections 152.021 to 152.025 or 152.0261, or committing any other felony-level violation of Minnesota law.

The county assessor shall annually provide to the county attorney a list of the owners of property within the county who are currently in the program. The county attorney shall notify the assessor if any of the owners participating in the program have been convicted of violating a felony-level crime after the date on which they began participation in the program. The assessor shall notify the owners, by first class mail, of the loss of their eligibility of participation in the program for the following year and any subsequent years."

Page 25, line 26, delete "5" and insert "3"

Page 25, line 27, delete everything before "in" and insert "Section 2 applies"

Page 25, line 29, delete "6" and insert "4" and delete "DATES" and insert "DATE"

Page 25, line 31, delete everything after the period

Page 25, delete line 32

Amend the title as follows:

Page 1, line 13, delete "297A.15,"

Page 1, delete line 14

Page 1, line 15, delete "subdivision;"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 856, 1040 and 1156 were read for the second time.

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4256

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

Hugoson was excused between the hours of 12:00 noon and 1:30 p.m.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 1010; and S. F. Nos. 507 and 273.

H. F. No. 1010 was reported to the House.

Dempsey moved to amend H. F. No. 1010, the second engrossment, as follows:

Page 12, after line 21, insert:

"Sec. 20. [RED WING; COMBINED SEWER OVERFLOW.]

If financial assistance is not available under Minnesota Statutes, section 116.162, to the city of Red Wing for combined sewer overflow projects, the pollution control agency shall not take any enforcement action or assess any penalty against the city for noncompliance with combined sewer overflow regulations until financial assistance funds are available for that purpose or June 1, 1997, whichever comes first. The provisions of this section are not available to the city of Red Wing if the unavailability of financial assistance results from the failure of the city of Red Wing to provide matching funds."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

CALL OF THE HOUSE

On the motion of Solberg and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams       Frerichs     Krinkie      Orenstein    Sviggum
Anderson, B. Garcia       Larsen       Orfield      Swenson, D.
Anderson, R. Girard       Leighton     Osskopp      Swenson, H.
Bakk         Goodno       Leppik       Osthoff      Sykora
Bettermann   Greenfield   Lieder       Ostrom       Tomassoni
Bishop       Greiling     Lindner      Otremba      Tompkins
Boudreau     Haas         Long         Ozment       Trimble
Bradley      Hackbarth    Lourey       Paulsen      Tuma
Broecker     Harder       Luther       Pawlenty     Tunheim
Brown        Hasskamp     Lynch        Pellow       Van Dellen
Carlson      Hausman      Macklin      Pelowski     Van Engen
Carruthers   Holsten      Mahon        Perlt        Vickerman
Clark        Huntley      Mares        Peterson     Wagenius
Commers      Jaros        Mariani      Pugh         Warkentin
Cooper       Jefferson    Marko        Rest         Weaver
Daggett      Jennings     McCollum     Rhodes       Wejcman
Dauner       Johnson, A.  McElroy      Rice         Wenzel

JOURNAL OF THE HOUSE - 58th Day - Top of Page 4257
Davids Johnson, R. McGuire Rostberg Winter Dawkins Johnson, V. Milbert Rukavina Wolf Dehler Kalis Molnau Sarna Worke Delmont Kelley Mulder Schumacher Workman Dempsey Kelso Munger Seagren Sp.Anderson,I Dorn Kinkel Ness Simoneau Entenza Knight Olson, E. Skoglund Erhardt Knoblach Olson, M. Smith Farrell Koppendrayer Onnen Solberg Finseth Kraus Opatz Stanek
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

H. F. No. 1010, A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; approving capital loans to independent school district Nos. 727, Big Lake, 362, Little Fork-Big Falls, and 36, Kelliher; authorizing issuance of bonds; reducing appropriations; reducing bond authorization; authorizing the commissioner of finance to cancel certain bond authorizations; authorizing the listing of state bonds or certificates of indebtedness on an exchange; providing for periodic review and cancellation of bond authorizations older than seven years; requiring reports of sale of certain state real property; relief from penalties for Red Wing sewer overflow; appropriating money with certain conditions; amending Minnesota Statutes 1994, sections 16A.672, by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; and 446A.12, subdivision 1; Laws 1994, chapter 643, sections 21, subdivision 4; and 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended.

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 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Lieder       Olson, M.    Simoneau
Bettermann   Hasskamp     Long         Opatz        Skoglund
Brown        Hausman      Lourey       Orenstein    Solberg
Carlson      Huntley      Luther       Orfield      Trimble
Clark        Jefferson    Mahon        Ostrom       Tunheim
Cooper       Johnson, A.  Mariani      Ozment       Wagenius
Dauner       Johnson, R.  Marko        Pelowski     Wejcman
Davids       Johnson, V.  McCollum     Perlt        Wenzel
Dawkins      Kahn         McGuire      Peterson     Winter
Delmont      Kelley       Milbert      Pugh         Sp.Anderson,I
Dempsey      Kelso        Munger       Rest         
Dorn         Kinkel       Murphy       Rice         
Entenza      Knoblach     Ness         Schumacher   
Garcia       Leighton     Olson, E.    Seagren      
Those who voted in the negative were:

Abrams       Frerichs     Krinkie      Paulsen      Tompkins
Anderson, B. Girard       Larsen       Pawlenty     Tuma
Bakk         Goodno       Leppik       Pellow       Van Dellen
Bishop       Greiling     Lindner      Rhodes       Van Engen
Boudreau     Haas         Lynch        Rostberg     Vickerman
Bradley      Hackbarth    Macklin      Rukavina     Warkentin
Broecker     Harder       Mares        Sarna        Weaver
Carruthers   Holsten      McElroy      Smith        Wolf
Commers      Jaros        Molnau       Stanek       Worke
Daggett      Jennings     Mulder       Sviggum      Workman 
Dehler       Kalis        Onnen        Swenson, D.  
Erhardt      Knight       Osskopp      Swenson, H.  
Farrell      Koppendrayer Osthoff      Sykora       
Finseth      Kraus        Otremba      Tomassoni    

JOURNAL OF THE HOUSE - 58th Day - Top of Page 4258
Not having received the constitutionally required three-fifths vote, the bill was not passed, as amended.

MOTION FOR RECONSIDERATION

Carruthers moved that the vote whereby H. F. No. 1010, as amended, was not passed earlier today be now reconsidered. The motion prevailed.


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4259

LAY ON THE TABLE

Carruthers moved to lay H. F. No. 1010, as amended, on the table. The motion prevailed and H. F. No. 1010, as amended, was laid on the table.

The Speaker called Trimble to the Chair.

CALL OF THE HOUSE LIFTED

Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.

S. F. No. 507 was reported to the House.

Pellow offered an amendment to S. F. No. 507, the unofficial engrossment.

POINT OF ORDER

Peterson raised a point of order pursuant to rule 3.09 that the Pellow amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.

Pellow appealed the decision of the Chair.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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     Koppendrayer Olson, M.    Smith
Anderson, R. Garcia       Kraus        Onnen        Solberg
Bakk         Girard       Krinkie      Opatz        Stanek
Bettermann   Goodno       Larsen       Orenstein    Sviggum
Bishop       Greenfield   Leighton     Orfield      Swenson, D.
Boudreau     Greiling     Leppik       Osskopp      Swenson, H.
Bradley      Haas         Lieder       Osthoff      Sykora
Broecker     Hackbarth    Lindner      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        Wagenius
Dauner       Jennings     Marko        Peterson     Warkentin
Davids       Johnson, A.  McCollum     Pugh         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      
Farrell      Knight       Ness         Simoneau     
Finseth      Knoblach     Olson, E.    Skoglund     
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4260

The vote was taken on the question "Shall the decision of Speaker pro tempore Trimble 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 81 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greiling     Larsen       Onnen        Skoglund
Bakk         Hackbarth    Leighton     Opatz        Solberg
Brown        Harder       Lieder       Orenstein    Swenson, H.
Carlson      Hasskamp     Lourey       Orfield      Tomassoni
Carruthers   Hausman      Luther       Osthoff      Trimble
Clark        Huntley      Mahon        Ostrom       Tunheim
Cooper       Jaros        Mariani      Otremba      Van Engen
Dauner       Jefferson    Marko        Ozment       Vickerman
Davids       Jennings     McCollum     Pelowski     Wagenius
Dawkins      Johnson, A.  McGuire      Perlt        Wejcman
Delmont      Johnson, R.  Milbert      Peterson     Wenzel
Dorn         Johnson, V.  Molnau       Pugh         Winter
Entenza      Kahn         Mulder       Rice         Sp.Anderson,I
Finseth      Kalis        Munger       Rukavina     
Garcia       Kelley       Murphy       Sarna        
Girard       Kelso        Ness         Schumacher   
Greenfield   Kinkel       Olson, E.    Simoneau     
Those who voted in the negative were:

Abrams       Dempsey      Krinkie      Pawlenty     Tompkins
Anderson, B. Erhardt      Leppik       Pellow       Tuma
Bettermann   Frerichs     Lindner      Rhodes       Van Dellen
Bishop       Goodno       Lynch        Rostberg     Warkentin
Boudreau     Haas         Macklin      Seagren      Weaver
Bradley      Holsten      Mares        Smith        Wolf
Broecker     Knight       McElroy      Stanek       Worke
Commers      Knoblach     Olson, M.    Sviggum      Workman 
Daggett      Koppendrayer Osskopp      Swenson, D.  
Dehler       Kraus        Paulsen      Sykora       
So it was the judgment of the House that the decision of Speaker pro tempore Trimble should stand.

CALL OF THE HOUSE LIFTED

Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.

Farrell, Mariani, Delmont, Rukavina, Pugh, Perlt, Milbert, Pellow, Mares, Smith, Holsten, Lynch, Larsen, Skoglund, Tomassoni, McGuire, Kelso, Garcia, Weaver, Bradley, Sykora, Abrams, Stanek and Jennings offered an amendment to S. F. No. 507, the unofficial engrossment.

POINT OF ORDER

Girard raised a point of order pursuant to rule 3.09 that the Farrell et al amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.

S. F. No. 507, A bill for an act relating to petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, subdivision 11, and by adding a subdivision; 115C.03, subdivision 10; 115C.09, subdivisions 1, 2, 3, 3b, and 3c; 115C.11, subdivision 1; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116.

The bill was read for the third time and placed upon its final passage.


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4261

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Onnen        Sviggum
Anderson, B. Garcia       Krinkie      Opatz        Swenson, D.
Anderson, R. Girard       Larsen       Orenstein    Swenson, H.
Bakk         Goodno       Leighton     Orfield      Sykora
Bettermann   Greenfield   Leppik       Osskopp      Tomassoni
Bishop       Greiling     Lieder       Ostrom       Tompkins
Boudreau     Haas         Lindner      Otremba      Trimble
Bradley      Hackbarth    Long         Ozment       Tuma
Broecker     Harder       Lourey       Paulsen      Tunheim
Brown        Hasskamp     Luther       Pawlenty     Van Dellen
Carlson      Hausman      Lynch        Pellow       Van Engen
Carruthers   Holsten      Macklin      Pelowski     Vickerman
Clark        Huntley      Mahon        Perlt        Wagenius
Commers      Jaros        Mares        Peterson     Warkentin
Cooper       Jefferson    Mariani      Pugh         Weaver
Daggett      Jennings     Marko        Rhodes       Wejcman
Dauner       Johnson, A.  McCollum     Rice         Wenzel
Davids       Johnson, R.  McElroy      Rostberg     Winter
Dawkins      Johnson, V.  McGuire      Rukavina     Wolf
Dehler       Kahn         Milbert      Sarna        Worke
Delmont      Kalis        Molnau       Schumacher   Workman
Dempsey      Kelley       Mulder       Seagren      Sp.Anderson,I
Dorn         Kelso        Munger       Simoneau     
Entenza      Kinkel       Murphy       Skoglund     
Erhardt      Knight       Ness         Smith        
Farrell      Knoblach     Olson, E.    Solberg      
Finseth      Koppendrayer Olson, M.    Stanek       
The bill was passed and its title agreed to.

S. F. No. 273 was reported to the House.

Bishop moved to amend S. F. No. 273, the unofficial engrossment, as follows:

Page 6, line 13, delete "person subject to regulation" and insert "water supply system operator or a wastewater treatment facility operator, respectively,"

Page 6, line 14, delete "under section 115.73"

The motion prevailed and the amendment was adopted.

S. F. No. 273, A bill for an act relating to water; providing for the classification of water supply systems and wastewater treatment facilities and certification of operators by the department of health and the pollution control agency; appropriating money; amending Minnesota Statutes 1994, sections 115.71, subdivisions 1, 4, 8, 10, and by adding subdivisions; 115.72; 115.73; 115.75; 115.76; 115.77; and 144.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Onnen        Solberg
Anderson, B. Garcia       Larsen       Opatz        Stanek
Anderson, R. Girard       Leighton     Orenstein    Sviggum
Bakk         Goodno       Leppik       Orfield      Swenson, D.
Bettermann   Greenfield   Lieder       Osskopp      Swenson, H.
Bishop       Greiling     Lindner      Osthoff      Sykora
Boudreau     Haas         Long         Ostrom       Tomassoni
Bradley      Hackbarth    Lourey       Otremba      Tompkins
Broecker     Harder       Luther       Ozment       Trimble

JOURNAL OF THE HOUSE - 58th Day - Top of Page 4262
Brown Hasskamp Lynch Paulsen Tuma Carlson Hausman Macklin Pawlenty Tunheim Carruthers Holsten Mahon Pellow Van Dellen Clark Huntley Mares Pelowski Van Engen Commers Jaros Mariani Perlt Vickerman Cooper Jefferson Marko Peterson Wagenius Daggett Jennings McCollum Pugh Warkentin Dauner Johnson, A. McElroy Rest Weaver Davids Johnson, R. McGuire Rhodes Wejcman Dawkins Johnson, V. Milbert Rice Wenzel Dehler Kahn Molnau Rostberg Winter Delmont Kalis Mulder Rukavina Wolf Dempsey Kelley Munger Sarna Worke Dorn Kinkel Murphy Seagren Workman Entenza Knight Ness Simoneau Sp.Anderson,I Erhardt Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith
Those who voted in the negative were:

Krinkie                   
The bill was passed, as amended, and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today:

S. F. Nos. 526, 579, 1088, 557, 1076 and 1170; H. F. No. 1806; and S. F. Nos. 399 and 127.

SPECIAL ORDERS

S. F. No. 526 was reported to the House.

Solberg moved to amend S. F. No. 526 as follows:

Page 2, after line 4, insert:

"Sec. 2. [ITASCA MEDICAL CENTER.]

Subdivision 1. [ALTERNATIVE REFERENDUM.] As an alternative to the question authorized to be submitted to the people by Laws 1994, chapter 428, the Itasca county board may submit to the people of the county the following question of what form of governance is appropriate for the Itasca medical center. The people may vote on the question at a general or special election. A majority of those voting on the question shall be approval of the course of action for which the majority votes. The question submitted shall be:

"Vote for one of the following options:

Which form of governance do you approve for the Itasca medical center?

....... Sale or lease of the hospital

....... A county hospital"

The alternatives shall be rotated on the ballot so that each appears in the first place approximately an equal number of times. The vote on the question shall be advisory only.


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4263

Subd. 2. [LOCAL APPROVAL.] Subdivision 1 takes effect the day after the Itasca county board complies with Minnesota Statutes, section 645.021, subdivision 3."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Osthoff and Trimble moved to amend S. F. No. 526, as amended, as follows:

Page 2, after line 4, insert:

"Sec. 2. [ST. PAUL CHARTER COMMISSION; ALTERNATIVE APPOINTMENT METHOD.]

In St. Paul, and as an alternative to Minnesota Statutes, section 410.05, subdivision 1, the St. Paul city council may provide by resolution for the appointment of a charter commission, in accordance with this subdivision, to frame or amend the charter. The commission shall be composed of not more than 15 members, each of whom shall be qualified voters of the city. Members shall be appointed as follows:

(1) the chief judge of the district court shall appoint one member from each district from which members of the city council are elected;

(2) the elected representative in each city council district shall appoint one member from the qualified voters in the district; and

(3) the mayor of the city shall appoint one member, who shall be the chair of the commission.

Charter commission members hold office for a term of four years, and until their successors are appointed and qualify. Vacancies shall be filled by the appointing authority. Letters of appointment shall be filed with the city clerk. Oaths of office and other matters relating to commission members and the commission that are not provided for in this subdivision are as otherwise provided by law.

Sec. 3. [EFFECTIVE DATE.]

Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 3 takes effect without local approval the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 526, A bill for an act relating to local government; modifying the local approval requirements for the Nashwauk area ambulance district law; amending Laws 1994, chapter 587, article 9, section 10, subdivision 6.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Kraus        Onnen        Solberg
Anderson, B. Girard       Krinkie      Opatz        Stanek
Anderson, R. Goodno       Larsen       Orenstein    Sviggum
Bakk         Greenfield   Leighton     Orfield      Swenson, D.
Bettermann   Greiling     Leppik       Osskopp      Swenson, H.
Boudreau     Haas         Lieder       Osthoff      Sykora
Bradley      Hackbarth    Lindner      Ostrom       Tomassoni
Broecker     Harder       Long         Otremba      Tompkins
Brown        Hasskamp     Luther       Ozment       Trimble
Carlson      Hausman      Lynch        Paulsen      Tuma
Carruthers   Holsten      Macklin      Pawlenty     Tunheim
Clark        Huntley      Mahon        Pellow       Van Dellen
Commers      Jaros        Mares        Pelowski     Van Engen
Cooper       Jefferson    Mariani      Perlt        Vickerman
Daggett      Jennings     Marko        Peterson     Wagenius
Dauner       Johnson, A.  McCollum     Pugh         Warkentin
Davids       Johnson, R.  McElroy      Rest         Weaver
Dawkins      Johnson, V.  McGuire      Rhodes       Wejcman
Dehler       Kahn         Milbert      Rostberg     Wenzel
Delmont      Kalis        Molnau       Rukavina     Winter
Dempsey      Kelley       Mulder       Sarna        Wolf

JOURNAL OF THE HOUSE - 58th Day - Top of Page 4264
Dorn Kelso Munger Schumacher Worke Entenza Kinkel Murphy Seagren Workman Farrell Knight Ness Simoneau Sp.Anderson,I Finseth Knoblach Olson, E. Skoglund Frerichs Koppendrayer Olson, M. Smith
The bill was passed, as amended, and its title agreed to.

S. F. No. 579 was reported to the House.

Entenza moved to amend S. F. No. 579 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 309.501, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given them.

(b) "Registered combined charitable organization" means a federated funding organization:

(1) which is tax exempt under section 501(c)3 of the Internal Revenue Code of 1986, as amended through December 31, 1992 (hereinafter "Internal Revenue Code"), and to which contributions are deductible under section 170 of the Internal Revenue Code;

(2) which exists for purposes other than solely fundraising;

(3) which secures funds for distribution to 14 or more affiliated agencies in a single, annual consolidated effort;

(4) which is governed either by a local, independent, voluntary board of directors which represents the broad interests of the public and 90 percent of the directors of the governing board live or work in the community or surrounding area or, if the charitable agencies are solely educational institutions which meet the requirements of paragraph (c), by a national board of directors that has a local advisory board composed of members who live or work in the community or surrounding area;

(5) which distributes at least 70 percent of its total campaign income and revenue, plus donor designated amounts raised to its affiliated agencies and to the designated agencies it supports and expends no more than 30 percent of its total income and revenue, plus donor designated amounts raised for management and general costs and fund raising costs;

(6) which distributes at least 70 percent of its total campaign income and revenue to affiliated agencies and designated agencies that are incorporated in Minnesota or headquartered in the service area in which the state employee combined charitable campaign takes place or, if the charitable agencies are solely educational institutions which meet the requirements of paragraph (c), distributes at least 70 percent of the state employee combined charitable campaign income and revenue directly to Minnesota residents using established eligibility criteria;

(7) and each designated or affiliated agency supported by the recipient institution devotes substantially all of its activities directly to providing health, welfare, social, or other human services to individuals;


JOURNAL OF THE HOUSE - 58th Day - Top of Page 4265

(8) and each designated or affiliated agency supported by the recipient institution with funds contributed by state employees through the combined charitable campaign provides all or substantially all of its health, welfare, social, or other human services, in the community and surrounding area in which the state employee combined charitable campaign takes place;

(9) and each charitable agency is affiliated with no more than one registered combined charitable organization within the registered combined charitable organization's service area in the state's employee combined charitable campaign; and

(10) which has been registered with the commissioner of employee relations in accordance with this section.

Registered combined charitable organization includes a charitable organization organized by Minnesota state employees and their exclusive representatives for the purpose of providing grants to nonprofit agencies providing Minnesota residents with food or shelter if the charitable organization meets the requirements of clauses (1), (4), and (5).

(c) "Affiliated agency" means a charitable agency that is represented by a federation and has an ongoing relationship with that federation which involves a review and monitoring process to ensure financial, managerial, and programmatic responsibility.

(d) "Charitable agency" means a governmental agency or an organization (1) which is tax exempt under section 501(c)3 of the Internal Revenue Code; (2) to which contributions are deductible under section 170 of the Internal Revenue Code; and (3) which is in compliance with the provisions of this chapter.

(e) "State employees combined charitable campaign" means the annual state campaign whereby a state employee may designate that the employee's contribution to a registered combined charitable organization may be deducted from the pay of the employee for each pay period.

Sec. 2. Minnesota Statutes 1994, section 309.52, subdivision 2, is amended to read:

Subd. 2. The first registration statement filed by a charitable organization shall include a registration fee of $25 if the organization raised or expended, exclusive of the direct cost of prizes given to the public by the charitable organization in connection with lawful gambling conducted in compliance with chapter 349, more than $25,000 during the previous 12-month period, and a financial statement of the organization's operation for its most recent 12 months period immediately preceding the filing of the first registration statement.

Sec. 3. Minnesota Statutes 1994, section 309.52, subdivision 7, is amended to read:

Subd. 7. In no event shall the registration of a charitable organization continue in effect after the date such organization should have filed, but has failed to file an annual report, including the payment of all required fees, in accordance with the requirements of section 309.53, and such organization, if in default under such section, shall not be eligible to file a new registration statement until it shall have filed the required annual report with the attorney general.

Sec. 4. Minnesota Statutes 1994, section 309.53, subdivision 1, is amended to read:

Subdivision 1. Except as otherwise provided in subdivision 1a, Every charitable organization that is required to file or that files a registration statement pursuant to section 309.52 shall file an annual report with the attorney general upon forms provided by the attorney general or on forms identical thereto on or before June 30 of each year if its books are kept on a calendar year basis, or within six months after the close of its fiscal year if its books are kept on a fiscal year basis. For cause shown the attorney general may extend the time for filing the annual report for a period not to exceed three months.

Sec. 5. Minnesota Statutes 1994, section 309.53, subdivision 2, is amended to read:

Subd. 2. Such annual report shall include a financial statement covering the immediately preceding 12-month period of operation, and shall be executed by any two duly constituted officers of the charitable organization, who and shall acknowledge that it was be executed pursuant to resolution of the board of directors or trustees, or if there be no such board, then by its managing group which has approved the content of the annual report. This Except as provided in section 309.55, subdivision 1, the annual report shall also include a copy of any all tax return or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the period covered by the annual report except any schedules of contributors to the organization.


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A charitable organization which files the annual report required under this subdivision with the attorney general is not required to file the tax return with the commissioner of revenue. An organization which fails to file the tax return annual report on or before the date required or allowed under this section is subject to the penalties imposed by the commissioner of revenue as set forth in sections 289A.60, subdivision 9, and 289A.63, subdivision 1 shall pay a late fee of $50. This late fee shall be in addition to all other fees, costs, and penalties which may be imposed pursuant to this section or section 309.57.

Sec. 6. Minnesota Statutes 1994, section 309.53, subdivision 3, is amended to read:

Subd. 3. The financial statement shall include a balance sheet, statement of income and expense, and statement of functional expenses, shall be consistent with forms furnished by the attorney general, and shall be prepared in accordance with generally accepted accounting principles so as to make a full disclosure of the following, including necessary allocations between each item and the basis of such allocations:

(a) total receipts and total income from all sources;

(b) cost of management and general;

(c) cost of fund raising;

(d) cost of public education;

(e) funds or properties transferred out of state, with explanation as to recipient and purpose;

(f) total net amount disbursed or dedicated within this state, broken down into total amounts disbursed or dedicated for each major purpose, charitable or otherwise;

(g) names of professional fund raisers used during the accounting year and the financial compensation or profit resulting to each professional fund raiser.; and

(h) a list of the five highest paid directors, officers, and employees of the organization that receive total compensation of more than $50,000, together with the total compensation paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation paid by the charitable organization and all related organizations as that term is defined by section 317A.011, subdivision 18.

Unless otherwise required by this subdivision, the financial statement need not be certified.

A financial statement of a charitable organization which has solicited from the public within or outside this state total contributions received total revenue in excess of $100,000 $350,000 for the 12 months of operation covered by the statement shall be accompanied by an audited financial statement prepared in accordance with generally accepted accounting principles that has been examined by an independent certified public accountant for the purpose of expressing an opinion. In preparing the audit the certified public accountant shall take into consideration capital, endowment or other reserve funds, if any, controlled by the charitable organization.

Sec. 7. Minnesota Statutes 1994, section 309.53, subdivision 8, is amended to read:

Subd. 8. A reregistration fee of $25 shall be paid by every charitable organization submitting the annual report required by this section if the organization raised or expended, exclusive of the direct cost of prizes given to the public by the charitable organization in connection with lawful gambling conducted in compliance with chapter 349, more than $25,000 during the previous 12-month period.

Sec. 8. Minnesota Statutes 1994, section 309.531, subdivision 1, is amended to read:

Subdivision 1. No person shall act as a professional fund raiser unless registered with the attorney general. The registration statement must be in writing, under oath, in the form prescribed by the attorney general and must be accompanied by an application a registration fee of $200. Each registration is effective for a period of not more than 12 months from the date of issuance, and in any event expires on July April 30 next following the date of issuance registration. The registration may be renewed for additional one-year periods on application and payment of the fee all required fees. A professional fund raiser failing to register on the date required by this section or failing to file the financial report required by this section on or before the date provided shall pay a late fee of $300. This late fee shall be in addition to all other fees, costs, and penalties which may be imposed pursuant to this section or section 309.57.


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Sec. 9. Minnesota Statutes 1994, section 309.531, subdivision 4, is amended to read:

Subd. 4. Within 90 days after a solicitation campaign has been completed, and on 90 days following the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional fund raiser who solicited contributions in this state in conjunction with a charitable organization shall file with the attorney general a financial report for the campaign, including gross revenue and an itemization of all expenses incurred. The report shall be completed on a form prescribed by the attorney general. The report shall be signed by an authorized official of the professional fund raiser and an authorized official from the charitable organization and they shall certify, under oath, that it is true to the best of their knowledge.

Sec. 10. Minnesota Statutes 1994, section 309.54, subdivision 1, is amended to read:

Subdivision 1. Registration statements, annual reports, and other documents required to be filed shall become public records in the office of the attorney general. Investigative data obtained by the attorney general in anticipation of or in connection with litigation or an administration proceeding are nonpublic data under section 13.02, subdivision 9.

Sec. 11. Minnesota Statutes 1994, section 309.556, subdivision 1, is amended to read:

Subdivision 1. [IDENTITY OF ORGANIZATION; PERCENTAGE OF DEDUCTIBILITY; DESCRIPTION OF PROGRAM.] Prior to orally requesting a contribution or contemporaneously with a written request for a contribution, the following information shall be clearly disclosed:

(a) the name and location by city and state of each charitable organization on behalf of which the solicitation is made;

(b) The percentage of the contribution which may be deducted as a charitable contribution under both federal and state income tax laws the tax deductibility of the contribution; and

(c) a description of the charitable program for which the solicitation campaign is being carried out; and, if different, a description of the programs and activities of the organization on whose behalf the solicitation campaign is being carried out.

If the solicitation is made by direct personal contact, the required information shall also be disclosed prominently on a written document which shall be exhibited to the person solicited. If the solicitation is made by radio, television, letter, telephone, or any other means not involving direct personal contact, the required information shall be clearly disclosed in the solicitation.

Sec. 12. Minnesota Statutes 1994, section 501B.36, is amended to read:

501B.36 [REGISTRATION AND REPORTING.]

The registration and reporting provisions of sections 501B.37 and 501B.38 apply to a charitable trust, or including an organization with a charitable purpose, that has gross assets of $25,000 or more at any time during the year, except that the provisions do not apply to:

(1) a charitable trust administered by the United States or a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any of their agencies or subdivisions;

(2) a religious association organized under chapter 315 or chapter 317A;

(3) a charitable trust organized and operated exclusively for religious purposes and administered by a religious association organized under chapter 315 or 317A;

(4) an organization described in section 509(a)(3) of the Internal Revenue Code of 1986 and operated, supervised, or controlled by or in connection with one or more organizations described in clauses (2) to (5); a pooled income fund as defined in section 642(c)(5) of the Internal Revenue Code of 1986 maintained by an organization described in clauses (2) to (5); or a charitable remainder annuity trust or unitrust, as defined in section 664 of the Internal Revenue Code of 1986;


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(5) a trust in which the only charitable interest is a contingent interest for which no charitable deduction has been allowed for Minnesota income, inheritance, or gift tax purposes or a trust in which not all of the unexpired interests are devoted to one or more charitable purposes and in which the only charitable interest is an annuity or an income interest with respect to which a charitable deduction is allowed the trust under applicable Minnesota income tax laws;

(6) an organization subject registered with the attorney general pursuant to sections 309.50 to 309.61 309.52 and 309.53;

(7) a trust for individual and charitable beneficiaries that is described in section 4947(a)(2) of the Internal Revenue Code of 1986, also known as a split-interest trust; or

(8) a charitable gift, bequest, or devise not held and continued by a private express trust or corporation even though the gift, bequest, or devise creates a fiduciary relationship, unless there is no named charitable beneficiary in existence or unless a named charitable beneficiary elects in a writing filed with the attorney general and with the fiduciary to come within the provisions of sections 501B.37 and 501B.38.

Sec. 13. Minnesota Statutes 1994, section 501B.37, subdivision 2, is amended to read:

Subd. 2. [FILING OF INSTRUMENTS.] A charitable trust subject to sections 501B.33 to 501B.45 must Except as otherwise provided in section 501B.36, a charitable trust shall register and file with the attorney general a copy of its articles of incorporation or the instrument that created the charitable trust, including any amendments, within three months after the charitable trust first receives possession or control of property authorized or required to be applied, either at present or in the future, for charitable purposes.

Sec. 14. Minnesota Statutes 1994, section 501B.37, is amended by adding a subdivision to read:

Subd. 3. [REGISTRATION FEE.] A $25 registration fee shall be paid by every charitable trust filing the information required by this section.

Sec. 15. Minnesota Statutes 1994, section 501B.38, is amended to read:

501B.38 [INFORMATION FILING OF ANNUAL REPORTS.]

Subdivision 1. [REPORTS REQUIRED; DEADLINES; EXTENSIONS.] A charitable trust subject to sections 501B.33 to 501B.45 must file with the attorney general written reports containing any information the trust is required to report under sections 6056(b), 6033, 6034, and 6056 of the Internal Revenue Code of 1986. a copy of its federal tax or information return, including all schedules and amendments, submitted by the charitable trust to the Internal Revenue Service for the period covered in the trust's accounting year last completed. If the charitable trust does not file a federal tax or information return, it shall file a balance sheet and a statement of income and expenses for the accounting year last completed.

Subd. 1a. [EXTENSIONS.] The reports information required by this section must be filed annually on or before the 15th day of the fifth month following the close of the charitable trust's taxable year as established for federal tax purposes. The time for filing may be extended by application to the attorney general, but no extension may be for more than six three months. A charitable trust that files the information required under this subdivision with the attorney general is not required to file the same information with the commissioner of revenue.

Subd. 2. [SUSPENSION OF FILING.] The attorney general may suspend the filing requirements under subdivision 1 for a particular charitable trust for a reasonable, specifically designated time on written application of the trustee filed with the attorney general. If the filing requirements are suspended, the attorney general shall file in the register of charitable trusts a written statement that the interests of the beneficiaries will not be prejudiced by the suspension and that annual reports are the information required by this section is not required for proper supervision by the attorney general's office.

Subd. 3. [FILING FEE.] A $25 filing fee shall be paid by every charitable trust filing the information required by this section.

Sec. 16. [APPROPRIATION.]

$150,000 is appropriated from the general fund to the attorney general for the purpose of sections 2 to 15 and is available until expended.


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Sec. 17. [REPEALER.]

Minnesota Statutes 1994, section 309.53, subdivision 1a, is repealed.

Sec. 18. [EFFECTIVE DATE.]

This act is effective January 1, 1996."

Delete the title and insert:

"A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a."

The motion prevailed and the amendment was adopted.

S. F. No. 579, A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.

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 103 yeas and 23 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Lieder       Osthoff      Swenson, D.
Anderson, R. Goodno       Long         Ostrom       Sykora
Bakk         Greenfield   Lourey       Otremba      Tomassoni
Bradley      Greiling     Luther       Ozment       Tompkins
Brown        Harder       Lynch        Pawlenty     Trimble
Carlson      Hasskamp     Macklin      Pelowski     Tuma
Carruthers   Hausman      Mahon        Perlt        Tunheim
Clark        Hugoson      Mares        Peterson     Van Dellen
Commers      Huntley      Mariani      Pugh         Van Engen
Cooper       Jefferson    Marko        Rest         Vickerman
Dauner       Jennings     McElroy      Rhodes       Wagenius
Davids       Johnson, A.  McGuire      Rice         Warkentin
Dawkins      Johnson, R.  Milbert      Rostberg     Weaver
Delmont      Johnson, V.  Molnau       Sarna        Wejcman
Dempsey      Kalis        Munger       Schumacher   Wenzel
Dorn         Kelley       Ness         Seagren      Winter
Entenza      Kinkel       Olson, E.    Simoneau     Wolf
Erhardt      Knoblach     Opatz        Skoglund     Worke
Farrell      Larsen       Orenstein    Smith        Sp.Anderson,I
Finseth      Leighton     Orfield      Solberg      
Garcia       Leppik       Osskopp      Stanek       
Those who voted in the negative were:

Anderson, B. Dehler       Knight       Mulder       Sviggum
Bettermann   Frerichs     Koppendrayer Olson, M.    Swenson, H.
Boudreau     Haas         Kraus        Onnen        Workman 
Broecker     Hackbarth    Krinkie      Paulsen      
Daggett      Holsten      Lindner      Pellow       
The bill was passed, as amended, and its title agreed to.

The Speaker resumed the Chair.


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CALL OF THE HOUSE

On the motion of Carruthers and on the demand of 10 members, a

call of the House was ordered. The following members answered to their names:

Abrams       Garcia       Krinkie      Opatz        Solberg
Anderson, B. Girard       Larsen       Orenstein    Stanek
Anderson, R. Goodno       Leighton     Orfield      Sviggum
Bakk         Greenfield   Leppik       Osskopp      Swenson, D.
Bettermann   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   Hugoson      Macklin      Pellow       Tunheim
Clark        Huntley      Mahon        Pelowski     Van Dellen
Commers      Jaros        Mares        Perlt        Van Engen
Cooper       Jefferson    Mariani      Peterson     Vickerman
Daggett      Jennings     Marko        Pugh         Wagenius
Dauner       Johnson, A.  McElroy      Rest         Warkentin
Dawkins      Johnson, R.  McGuire      Rhodes       Weaver
Dehler       Johnson, V.  Milbert      Rice         Wejcman
Delmont      Kalis        Molnau       Rostberg     Wenzel
Dempsey      Kelley       Mulder       Rukavina     Winter
Dorn         Kelso        Munger       Sarna        Wolf
Entenza      Kinkel       Murphy       Schumacher   Worke
Erhardt      Knight       Ness         Seagren      Workman
Farrell      Knoblach     Olson, E.    Simoneau     Sp.Anderson,I
Finseth      Koppendrayer Olson, M.    Skoglund     
Frerichs     Kraus        Onnen        Smith        
Carruthers 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.

TAKEN FROM THE TABLE

Carruthers moved that H. F. No. 1010, as amended, be taken from the table.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 79 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Sarna
Bakk         Greenfield   Knoblach     Olson, M.    Schumacher
Bettermann   Greiling     Leighton     Opatz        Seagren
Brown        Hasskamp     Lieder       Orenstein    Simoneau
Carlson      Hausman      Long         Orfield      Skoglund
Carruthers   Huntley      Lourey       Osthoff      Smith
Clark        Jaros        Luther       Ostrom       Solberg
Cooper       Jefferson    Mahon        Otremba      Tomassoni
Dauner       Jennings     Mariani      Ozment       Trimble
Davids       Johnson, A.  Marko        Pelowski     Tunheim
Dawkins      Johnson, R.  McCollum     Perlt        Wagenius
Delmont      Johnson, V.  McGuire      Peterson     Wejcman
Dempsey      Kahn         Milbert      Pugh         Wenzel
Dorn         Kalis        Munger       Rest         Winter
Entenza      Kelley       Murphy       Rice         Sp.Anderson,I
Farrell      Kelso        Ness         Rukavina     
Those who voted in the negative were:

Abrams       Frerichs     Krinkie      Osskopp      Tompkins
Anderson, B. Girard       Larsen       Paulsen      Tuma
Bishop       Goodno       Leppik       Pawlenty     Van Dellen
Boudreau     Haas         Lindner      Pellow       Van Engen
Bradley      Hackbarth    Lynch        Rhodes       Vickerman
Broecker     Harder       Macklin      Rostberg     Warkentin
Commers      Holsten      Mares        Stanek       Weaver
Daggett      Hugoson      McElroy      Sviggum      Wolf
Dehler       Knight       Molnau       Swenson, D.  Worke
Erhardt      Koppendrayer Mulder       Swenson, H.  Workman 

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Finseth Kraus Onnen Sykora
The motion prevailed and H. F. No. 1010, as amended, was taken from the table.

H. F. No. 1010, A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; approving capital loans to independent school district Nos. 727, Big Lake, 362, Little Fork-Big Falls, and 36, Kelliher; authorizing issuance of bonds; reducing appropriations; reducing bond authorization; authorizing the commissioner of finance to cancel certain bond authorizations; authorizing the listing of state bonds or certificates of indebtedness on an exchange; providing for periodic review and cancellation of bond authorizations older than seven years; requiring reports of sale of certain state real property; relief from penalties for Red Wing sewer overflow; appropriating money with certain conditions; amending Minnesota Statutes 1994, sections 16A.672, by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; and 446A.12, subdivision 1; Laws 1994, chapter 643, sections 21, subdivision 4; and 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended.

The bill, as amended, was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 79 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kelso        Ness         Rukavina
Bakk         Greenfield   Kinkel       Olson, E.    Sarna
Bettermann   Greiling     Knoblach     Olson, M.    Schumacher
Brown        Hasskamp     Leighton     Opatz        Simoneau
Carlson      Hausman      Lieder       Orenstein    Skoglund
Carruthers   Holsten      Long         Orfield      Smith
Clark        Huntley      Lourey       Osthoff      Solberg
Cooper       Jaros        Luther       Ostrom       Tomassoni
Dauner       Jefferson    Mahon        Otremba      Trimble
Davids       Jennings     Mariani      Ozment       Tunheim
Dawkins      Johnson, A.  Marko        Pelowski     Wagenius
Delmont      Johnson, R.  McCollum     Perlt        Wejcman
Dempsey      Johnson, V.  McGuire      Peterson     Wenzel
Dorn         Kahn         Milbert      Pugh         Winter
Entenza      Kalis        Munger       Rest         Sp.Anderson,I
Farrell      Kelley       Murphy       Rice         
Those who voted in the negative were:

Abrams       Frerichs     Larsen       Paulsen      Tompkins
Anderson, B. Girard       Leppik       Pawlenty     Tuma
Bishop       Goodno       Lindner      Pellow       Van Dellen
Boudreau     Haas         Lynch        Rhodes       Van Engen
Bradley      Hackbarth    Macklin      Rostberg     Vickerman
Broecker     Harder       Mares        Seagren      Warkentin
Commers      Hugoson      McElroy      Stanek       Weaver
Daggett      Knight       Molnau       Sviggum      Wolf
Dehler       Koppendrayer Mulder       Swenson, D.  Worke
Erhardt      Kraus        Onnen        Swenson, H.  Workman 
Finseth      Krinkie      Osskopp      Sykora       
Not having received the constitutionally required three-fifths vote, the bill was not passed, as amended.

MOTION FOR RECONSIDERATION

Abrams moved that the vote whereby H. F. No. 1010, as amended, was not passed earlier today be now reconsidered. The motion prevailed.


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LAY ON THE TABLE

Abrams moved to lay H. F. No. 1010, as amended, on the table. The motion prevailed and H. F. No. 1010, as amended, was laid on the table.

SPECIAL ORDERS, Continued

Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

GENERAL ORDERS

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Pellow moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 10, 1995, when the vote was taken on the repassage of H. F. No. 1399, as amended by Conference." The motion prevailed.

Hausman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, May 10, 1995, when the vote was taken on the repassage of S. F. No. 375, as amended by Conference." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 10, 1995, when the vote was taken on the repassage of S. F. No. 375, as amended by Conference." The motion prevailed.

Hackbarth moved that H. F. No. 418 be returned to its author. The motion prevailed.

Otremba moved that the number of members of the Conference Committee on H. F. No. 1478, which was authorized by the House on May 10, 1995, be increased from 3 to 5. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 440:

Tomassoni, McCollum and Lynch.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 9:30 a.m., Friday, May 12, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Friday, May 12, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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