Saint Paul, Minnesota, Thursday, May 11, 1995
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:
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.
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.
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.
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.
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.
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.
The following communications were received:
OFFICE OF THE GOVERNOR
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
OFFICE OF THE GOVERNOR
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
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
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.]
S. F. Nos. 217 and 1233 were read for the second time.
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.
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
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,IThose who voted in the negative were:
JOURNAL OF THE HOUSE - 58th Day - Top of Page 4247
Garcia Larsen Ness Rukavina Greenfield Leighton Olson, E. Sarna
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
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 TrimbleThose who voted in the negative were:
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
Anderson, B. Krinkie Opatz Sviggum Bishop Olson, M. Orenstein Knight Onnen OsskoppThe 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
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.
There being no objection, the order of business reverted to 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)"
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,"
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:
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.
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.
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.
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."
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)"
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)"
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.
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.
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.
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.
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 WenzelCarruthers 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.
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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
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. SeagrenThose 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 TomassoniNot having received the constitutionally required three-fifths vote, the bill was not passed, as amended.
JOURNAL OF THE HOUSE - 58th Day - Top of Page 4258
Carruthers moved that the vote whereby H. F. No. 1010, as amended, was not passed earlier today be now reconsidered. The motion prevailed.
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.
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.
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.
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. SkoglundCarruthers 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.
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. SimoneauThose 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 SykoraSo it was the judgment of the House that the decision of Speaker pro tempore Trimble should stand.
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.
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.
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. StanekThe 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 TrimbleThose who voted in the negative were:
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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
KrinkieThe bill was passed, as amended, and its title agreed to.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today:
S. F. Nos. 526, 579, 1088, 557, 1076 and 1170; H. F. No. 1806; and S. F. Nos. 399 and 127.
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.
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 WolfThe bill was passed, as amended, and its title agreed to.
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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
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;
(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.
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.
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;
(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.
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 StanekThose 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 PellowThe bill was passed, as amended, and its title agreed to.
The Speaker resumed the Chair.
On the motion of Carruthers and on the demand of 10 members, a
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 SmithCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
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 RukavinaThose 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. WorkmanThe motion prevailed and H. F. No. 1010, as amended, was taken from the table.
JOURNAL OF THE HOUSE - 58th Day - Top of Page 4271
Finseth Kraus Onnen Sykora
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 RiceThose 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 SykoraNot having received the constitutionally required three-fifths vote, the bill was not passed, as amended.
Abrams moved that the vote whereby H. F. No. 1010, as amended, was not passed earlier today be now reconsidered. The motion prevailed.
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.
Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
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.
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.
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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