The House of Representatives convened at 11:30 a.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by the Reverend Ronald A. Smith, Co-Pastor, Park Open Door Church, St. Paul, Minnesota.
The roll was called and the following members were present:
Abrams | Erhardt | Kahn | Mariani | Pawlenty | Sviggum |
Anderson, B. | Evans | Kalis | Marko | Paymar | Swenson, D. |
Anderson, I. | Farrell | Kelso | McCollum | Pelowski | Swenson, H. |
Bakk | Finseth | Kielkucki | McElroy | Peterson | Sykora |
Bettermann | Folliard | Knight | McGuire | Pugh | Tingelstad |
Biernat | Garcia | Knoblach | Milbert | Rest | Tomassoni |
Bishop | Goodno | Koppendrayer | Molnau | Reuter | Tompkins |
Boudreau | Greenfield | Koskinen | Mulder | Rhodes | Trimble |
Bradley | Greiling | Kraus | Mullery | Rifenberg | Tuma |
Broecker | Gunther | Krinkie | Munger | Rostberg | Tunheim |
Carlson | Haas | Kubly | Murphy | Rukavina | Van Dellen |
Chaudhary | Harder | Kuisle | Ness | Schumacher | Vickerman |
Clark | Hasskamp | Larsen | Nornes | Seagren | Wagenius |
Commers | Hilty | Leighton | Olson, E. | Seifert | Weaver |
Daggett | Holsten | Leppik | Olson, M. | Sekhon | Wejcman |
Davids | Huntley | Lieder | Opatz | Skare | Wenzel |
Dawkins | Jaros | Lindner | Orfield | Skoglund | Westfall |
Dehler | Jefferson | Long | Osskopp | Slawik | Westrom |
Delmont | Jennings | Luther | Osthoff | Smith | Winter |
Dempsey | Johnson, A. | Macklin | Otremba | Solberg | Wolf |
Dorn | Johnson, R. | Mahon | Ozment | Stanek | Workman |
Entenza | Juhnke | Mares | Paulsen | Stang | Spk. Carruthers |
A quorum was present.
Hausman and Kinkel were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Pelowski moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 121, relating to youth initiative grants; adding the Harrison neighborhood to the Sumner-Glenwood neighborhood for purposes of eligibility for certain enrichment grants.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
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 1997 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:
S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 | |
121 | 3 | 2:35 p.m. February 25 | February 25 | ||
264 | 4 | 2:30 p.m. February 25 | February 25 | ||
Sincerely,
Joan Anderson Growe
Secretary of State
Carlson from the Committee on Education to which was referred:
H. F. No. 130, A bill for an act relating to education; establishing a college savings bond program; authorizing the sale of general obligation bonds in zero coupon form and in small denominations; amending Minnesota Statutes 1996, section 181.06, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 16A.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 254, A bill for an act relating to courts; providing for open juvenile court hearings and records in proceedings involving children in need of protection or services; amending Minnesota Statutes 1996, section 260.155, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 260.155, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) Except for hearings arising under section 260.261, hearings on any matter shall be without a jury and may be conducted in an informal manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings conducted pursuant to section 260.125 except to the extent that the rules themselves provide that they do not apply. In all adjudicatory proceedings involving a child alleged to be in need of protection or services, the court shall admit only evidence that would be admissible in a civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of protection or services must be proved by clear and convincing evidence.
(b) Except for proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may be continued or adjourned from time to time. In proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may not be continued or adjourned for more than one week unless the court makes specific findings that the continuance or adjournment is in the best interests of the child. If a hearing is held on a petition involving physical or sexual abuse of a child who is alleged to be in need of protection or services or neglected and in foster care, the court shall file the decision with the court administrator as soon as possible but no later than 15 days after the matter is submitted to the court. When a continuance or adjournment is ordered in any proceeding, the court may make any interim orders as it deems in the best interests of the minor in accordance with the provisions of sections 260.011 to 260.301.
(c) Except as otherwise provided in this paragraph, the court shall exclude the general public from hearings under this chapter and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court. The court shall open the hearings to the public in delinquency or extended jurisdiction juvenile proceedings where the child is alleged to have committed an offense or has been proven to have committed an offense that would be a felony if committed by an adult and the child was at least 16 years of age at the time of the offense, except that the court may exclude the public from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public in an adult proceeding.
In addition, in the fourth judicial district the court shall open hearings to the public in:
(1) proceedings involving a child in need of protection or services;
(2) proceedings for review of foster care status;
(3) proceedings concerning a child who is neglected and in foster care;
(4) proceedings concerning domestic child abuse;
(5) proceedings concerning persons contributing to delinquency or need for protection or services for a child; and
(6) proceedings for termination of parental rights.
(d) In all delinquency cases a person named in the charging clause of the petition as a person directly damaged in person
or property shall be entitled, upon request, to be notified by the court administrator in writing, at the named person's last
known address, of (1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
(e) Adoption hearings shall be conducted in accordance with the provisions of laws relating to adoptions.
Sec. 2. Minnesota Statutes 1996, section 260.161, subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION OF RECORDS.]
When a judge of a juvenile court, or duly authorized agent of the court, determines under a proceeding under this chapter
that a child has violated a state or local law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
and highways, except parking violations, the judge or agent shall immediately report the violation to the commissioner of
public safety. The report must be made on a form provided by the department of public safety and must contain the
information required under section 169.95.
Sec. 3. [REPEALER.]
Sections 1 and 2 are repealed August 1, 2000.
Sec. 4. [EFFECTIVE DATE; APPLICATION.]
Sections 1 and 2 are effective January 1, 1998, and apply to proceedings and records of proceedings commenced on
or after that date."
Delete the title and insert:
"A bill for an act relating to courts; providing for open juvenile court hearings in certain proceedings in the fourth judicial
district; providing certain juvenile records are open to public inspection as provided by the rules of juvenile court; amending
Minnesota Statutes 1996, sections 260.155, subdivision 1; and 260.161, subdivision 2."
With the recommendation that when so amended the bill pass.
The report was adopted.
Jefferson from the Committee on Labor-Management Relations to which was referred:
H. F. No. 271, A bill for an act relating to reemployment insurance; modifying wage reporting requirements for
employers; amending Minnesota Statutes 1996, section 268.121.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 268.121, is amended to read:
268.121 [WAGE REPORTING.]
(b) An employer need not include the name of the employee or other required information on the wage detail report
if disclosure is specifically exempted by federal law.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective for wages paid on or after January 1, 1998."
Delete the title and insert:
"A bill for an act relating to reemployment insurance; modifying wage reporting requirements for employers; amending
Minnesota Statutes 1996, section 268.121."
With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
H. F. No. 287, A bill for an act relating to veterans; authorizing certain improvements at the Hastings, Luverne, and
Silver Bay veterans homes using donated funds.
Reported the same back with the following amendments:
Page 1, after line 22, insert:
"Sec. 2. [FISCAL ACCOUNTING.]
Money donated for purposes listed
in section 1 shall be accounted for in accordance with Minnesota Statutes,
section 198.161."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Capital Investment.
The report was adopted.
Milbert from the Committee on General Legislation,
Veterans Affairs and Elections to which was referred:
H. F. No. 297, A bill for an act relating to the
military; changing the tuition and textbook reimbursement grant program;
amending Minnesota Statutes 1996, section 192.501, subdivision 2.
Reported the same back with the following amendments:
Page 2, line 18, after "tuition" insert "for the program
in which the person is enrolled"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Governmental Operations.
The report was adopted.
Carlson from the Committee on Education to which was
referred:
H. F. No. 302, A bill for an act relating to education;
requiring the state board of education to approve a learning year program unless
it adversely affects student learning; providing for alternative school year
start dates; amending Minnesota Statutes 1996, sections 120.65; and 126.12,
subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 120.60, is
amended to read:
120.60 [DEFINITION OF FLEXIBLE LEARNING YEAR.]
"Flexible learning year program" means any district plan
Sec. 2. Minnesota Statutes 1996, section 120.61, is
amended to read:
120.61 [ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.]
The board of any district Sec. 3. Minnesota Statutes 1996, section 120.65, is
amended to read:
120.65 [ESTABLISHMENT The state board of education shall:
(1) establish standards and requirements for (2) establish standards and evaluation criteria for
flexible learning year programs consistent with state
standards on educational accountability and public reporting; and
(3) prepare and distribute all necessary forms for Sec. 4. Minnesota Statutes 1996, section 120.66, is
amended to read:
120.66 [POWERS AND DUTIES OF THE STATE BOARD.]
(1) Promulgate rules necessary to the operation of
sections 120.59 to 120.67;
(2) Cooperate with and (3) Provide any necessary adjustments of (a) attendance
and membership computations and (b) the dates and percentages of apportionment
of state aids;
(4) Consistent with the definition of "average daily
membership" in section 124.17, subdivision 2, furnish the board of a district
implementing a flexible learning year program with a formula for computing
average daily membership. This formula shall be computed so that tax levies to
be made by the district, state aids to be received by the district, and any and
all other formulas based upon average daily membership are not affected solely
as a result of adopting this plan of instruction.
Sec. 5. Minnesota Statutes 1996, section 120.67, is
amended to read:
120.67 [TERMINATION OF PROGRAM.]
The board of any district Delete the title and insert:
"A bill for an act relating to education; allowing
districts to establish a flexible learning year program; amending Minnesota
Statutes 1996, sections 120.60; 120.61; 120.65; 120.66; and 120.67."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 317, A bill for an act relating to capital
improvements; authorizing towns to exercise eminent domain and other powers for
purposes of wastewater infrastructure; authorizing the sale of state bonds;
appropriating money for wastewater infrastructure loans and grants; proposing
coding for new law in Minnesota Statutes, chapter 444.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Local Government and
Metropolitan Affairs.
The report was adopted.
Wagenius from the Committee on Transportation and Transit
to which was referred:
H. F. No. 387, A bill for an act relating to
transportation; providing for claims by person incurring injury to person or
property while operating recreational vehicle on trunk highway right-of-way;
holding department of transportation not liable solely for owning contaminated
land; modifying certain provisions relating to the acquisition of property for
public purposes; allowing the district court handling eminent domain proceeds to
grant judgments for return of overpayments; reserving easement and permit
interests to utilities in real property conveyed by commissioner of
transportation; exempting government bodies from being required to file
certificate of value when real estate is conveyed; amending Minnesota Statutes
1996, sections 3.736, subdivision 3; 115B.03, subdivision 5; 115C.021, by adding
a subdivision; 117.025, subdivision 2; 117.155; 160.08, subdivisions 4 and 5;
161.24, subdivision 1; 161.45, by adding a subdivision; and 272.115.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 5, delete section 4
Pages 6 and 7, delete sections 6 to 8
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete everything after the semicolon
Page 1, delete lines 3 and 4
Page 1, line 5, delete "right-of-way;"
Page 1, line 6, delete "modifying"
Page 1, delete line 7
Page 1, line 8, delete everything before "allowing"
Page 1, line 16, delete "3.736, subdivision 3;"
Page 1, line 17, delete everything after the semicolon
Page 1, line 18, delete "subdivision 2;" and delete
"160.08, subdivisions 4 and 5;"
Page 1, line 19, delete "161.24, subdivision 1;"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Judiciary.
The report was adopted.
Wejcman from the Committee on Economic Development and
International Trade to which was referred:
H. F. No. 422, A bill for an act relating to economic
development; providing funding for the industrial development of certain
previously contaminated land; appropriating money; amending Minnesota Statutes
1996, section 115A.908, subdivision 2; repealing Minnesota Statutes 1996,
section 115A.908, subdivision 3.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Local Government and
Metropolitan Affairs.
The report was adopted.
Long from the Committee on Taxes to which was referred:
H. F. No. 427, A bill for an act relating to taxation;
extending the duration of the joint property tax advisory committee comprised of
the city of St. Paul, Ramsey county, and independent school district No. 625,
and making permanent the requirement of joint public hearings; amending Laws
1993, chapter 375, article 7, section 29.
Reported the same back with the following amendments:
Page 1, after line 8, insert:
"Section 1. Minnesota Statutes 1996, section 383A.75,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The committee is authorized to and
shall meet from time to time to make appropriate recommendations for the
efficient and effective use of property tax dollars raised by the jurisdictions
for programs, buildings, and operations. In addition, the committee shall:
(1) identify trends and factors likely to be driving
budget outcomes over the next five years with recommendations for how the
jurisdictions should manage those trends and factors to increase efficiency and
effectiveness;
(2) agree, by (3) plan for the joint truth-in-taxation hearings under
section 275.065, subdivision 8; and
(4) identify, by December 31 of each year, areas of the
budget to be targeted in the coming year for joint review to improve services or
achieve efficiencies.
In carrying out its duties, the committee shall consult
with public employees of each jurisdiction and with other stakeholders of the
city, county, and school district, as appropriate."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, after the semicolon, insert "changing the
date for determination of a levy amount;"
Page 1, line 6, after "amending" insert "Minnesota
Statutes 1996, section 383A.75, subdivision 3;"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Local Government and Metropolitan
Affairs.
The report was adopted.
Milbert from the Committee on General Legislation,
Veterans Affairs and Elections to which was referred:
H. F. No. 444, A bill for an act relating to veterans;
establishing a program to pay a monetary bonus to veterans of the Persian Gulf
War; imposing a criminal penalty for false application; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 197.
Reported the same back with the following amendments:
Page 3, line 8, after the period, insert:
" "Veteran" includes any member of
a reserve component of the armed forces of the United States, including the
national guard, who was ordered to active duty under United States Code, title
10, section 673(b), during the eligibility period for the bonus and who was
deployed to a duty station outside the state of Minnesota, as verified by the
appropriate service authority. An applicant's DD-214 form showing award of the
Southwest Asia service medal during the eligibility period for the bonus will
suffice as verification."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Governmental Operations.
The report was adopted.
Jennings from the Committee on Regulated Industries and
Energy to which was referred:
H. F. No. 537, A bill for an act relating to public
utilities; adding a high voltage transmission line that crosses the state
boundary to the definition of a large energy facility; amending Minnesota
Statutes 1996, section 216B.2421, subdivision 2.
Reported the same back with the following amendments:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 1996, section 116C.57,
subdivision 2, is amended to read:
Subd. 2. [DESIGNATION OF ROUTES; PROCEDURE.] (a) A utility shall apply to the board in a form and
manner prescribed by the board for a permit for the construction of a high
voltage transmission line. The application shall contain at least two proposed
routes. Pursuant to sections 116C.57 to 116C.60, the board shall study, and
evaluate the type, design, routing, right-of-way preparation and facility
construction of any route proposed in a utility's application and any other
route the board deems necessary which was proposed in a manner consistent with
rules adopted by the board concerning the form, content, and timeliness of
proposals for alternate routes provided, however, that the board shall identify
the alternative routes prior to the commencement of public hearings thereon
pursuant to section 116C.58. Within one year after the board's acceptance of a
utility's application, the board shall decide in accordance with the criteria
and standards specified in section 116C.55, subdivision 2, and the
considerations specified in section 116C.57, subdivision 4, which proposed route
is to be designated. The board may extend for just cause the time limitation for
its decision for a period not to exceed 90 days. When the board designates a
route, it shall issue a permit for the construction of a high voltage
transmission line specifying the type, design, routing, right-of-way preparation
and facility construction it deems necessary and with any other appropriate
conditions. The board may order the construction of high voltage transmission
line facilities which are capable of expansion in transmission capacity through
multiple circuiting or design modifications. The board shall publish a notice of
its decision in the state register within 30 days of issuance of the permit. No
high voltage transmission line shall be constructed except on a route designated
by the board, unless it was exempted pursuant to subdivision 5.
(b) When a utility's application
under paragraph (a) for a permit for the construction of a high voltage
transmission line identifies and proposes the construction of additional
transmission lines that are less than 200 kilovolts and that are integral to the
utility's proposed construction project, the board shall have and assert
jurisdiction over the routing and permitting of those additional lines and shall
include the lines in the construction permit. Those additional transmission
lines are integral to a high voltage transmission line construction project
when:
(1) the design and location of
those lines are directly affected by decisions the board makes with respect to
the proposed high voltage transmission line;
(2) consideration of the lines
cannot be readily separated from the proposed high voltage transmission line
construction project; and
(3) separate consideration of the
lines from the proposed high voltage transmission line construction project
would result in greater impacts to human settlement and the natural
environment.
(c) The provisions of section
116C.61 apply to all transmission lines the board includes in a construction
permit."
Page 2, after line 15, insert:
"Sec. 3. [EFFECT ON PENDING APPLICATIONS.]
(a) A utility that has filed an
application for a permit under Minnesota Statutes, section 116C.57, subdivision
2, which is pending approval of the environmental quality board as of February
1, 1997, shall not be required to resubmit any previously accepted permit
applications or to reinitiate ongoing permitting proceedings under that section
as a result of the enactment of section 1.
(b) Proceedings under Minnesota
Statutes, section 216B.243, for a certificate of need for a project that has a
pending application for a permit under Minnesota Statutes, section 116C.57,
subdivision 2, as of February 1, 1997, must be evaluated by the commission based
on the criteria existing in law and commission rules as of the effective date of
this section, with particular attention and emphasis given to the those criteria
that address regional and interstate effects and benefits. These proceedings
must not be delayed by any rulemaking the commission undertakes related to
Minnesota Statutes, section 216B.243."
Page 2, line 17, delete "1"
and insert "2"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, after the semicolon, insert "providing
for jurisdiction by environmental quality board for constructing transmission
lines integral to a high voltage transmission line project;"
Page 1, line 5, delete "section" and insert "sections
116C.57, subdivision 2; and"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Local Government and Metropolitan
Affairs.
The report was adopted.
Jennings from the Committee on Regulated Industries and
Energy to which was referred:
H. F. No. 640, A bill for an act relating to local
government; permitting the city of Nashwauk to own and operate a gas utility.
Reported the same back with the following amendments:
Page 1, delete lines 6 to 8 and insert:
"The city of Nashwauk may
construct and own one gas distribution line connecting an area recently acquired
by the city, and not currently served by a natural gas utility, with a natural
gas pipeline serving the region. Solely for the purpose of operating this gas
line, and distributing gas to customers located in the recently acquired area,
the city may establish a municipal gas utility without the election required
under Minnesota Statutes, section 412.321, subdivision 2."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Local Government and Metropolitan
Affairs.
The report was adopted.
Anderson, I., from the Committee on Financial
Institutions and Insurance to which was referred:
H. F. No. 645, A bill for an act relating to insurance;
providing a uniform minimum definition of medically necessary care for mental
health coverage in health plans; proposing coding for new law in Minnesota
Statutes, chapter 62Q.
Reported the same back with the following amendments:
Page 1, line 24, after the semicolon, insert "or"
Page 1, line 25, delete "; or"
and insert a period
Page 2, delete lines 1 and 2
With the recommendation that when so amended the bill
pass.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 663, A bill for an act relating to mines and
minerals; expanding membership on the mineral coordinating committee;
establishing the aggregate resources task force; appropriating money; amending
Minnesota Statutes 1996, section 93.002, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 14, delete "at least
one" and insert "two" and delete "a member" and insert "members"
Page 2, line 20, delete "at least
one" and insert "two" and delete "a member" and insert "members"
Page 3, line 23, delete "each"
and insert "in fiscal year 1998 and $50,000 in
fiscal" and after "year" insert "1999"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Governmental Operations.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 664, A bill for an act relating to state
government; adding authority for the board of water and soil resources to accept
and administer federal grants, donations, gifts, and other contributions to
achieve authorized objectives of the agency; amending Minnesota Statutes 1996,
sections 103B.101, subdivision 9; and 103C.401, subdivision 1.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Environment and Natural
Resources Finance.
The report was adopted.
Jennings from the Committee on Regulated Industries and
Energy to which was referred:
H. F. No. 704, A bill for an act relating to utilities;
exempting large electric power generating plant from certificate of need
proceeding when selected by public utilities commission from a bidding process
to select resources to meet utility's projected energy demand; amending
Minnesota Statutes 1996, section 216B.2422, subdivision 5.
Reported the same back with the following amendments:
Page 1, after line 23, insert:
"(c) A certificate of need
proceeding is also not required for an electric power generating plant that has
been selected in a bidding process approved or established by the commission, or
such other selection process approved by the commission, to satisfy, in whole or
in part, the wind power mandate of section 216B.2423 or the biomass mandate of
section 216B.2424.
(d) In approving or establishing a
competitive bidding process under this subdivision, the commission shall provide
for reasonable public scrutiny of the bidding process and its results."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Environment and Natural Resources.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 711, A bill for an act relating to environment;
providing for an annual funding allocation to soil and water conservation
districts; amending Minnesota Statutes 1996, section 103C.401, by adding a
subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 103C.401, is
amended by adding a subdivision to read:
Subd. 3. [GENERAL SERVICES
ALLOCATION.] Subject to an appropriation for this
purpose, the board shall provide an annual allocation of funding for each
organized district in the state, subject to the following restrictions:
(1) the allocation to a district
in any fiscal year may not be less than $30,000; and
(2) if county funding for a
district is reduced from the previous fiscal year funding level, the allocation
under this subdivision must be reduced by an equal amount."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Environment and Natural Resources
Finance.
The report was adopted.
Jefferson from the Committee on Labor-Management
Relations to which was referred:
H. F. No. 781, A bill for an act relating to workers'
compensation; increasing the time limit for temporary total disability;
increasing the time limit for temporary partial disability; modifying the
definition of permanent total disability; eliminating the time limit for
requests for retraining; amending Minnesota Statutes 1996, sections 176.101,
subdivisions 1, 2, and 5; and 176.102, subdivision 11.
Reported the same back with the following amendments:
Page 7, line 9, strike "225-week or 450-week"
Page 7, line 10, strike "limitations" and insert "500-week limitation"
Page 7, after line 36, insert:
"Sec. 5. Minnesota Statutes 1996, section 176.121, is
amended to read:
176.121 [COMMENCEMENT OF COMPENSATION.]
In cases of temporary total or temporary partial
disability no compensation is allowed Sec. 6. Minnesota Statutes 1996, section 176.191,
subdivision 1, is amended to read:
Subdivision 1. [ORDER; EMPLOYER, INSURER, OR SPECIAL
COMPENSATION FUND PAYMENT.] Where compensation benefits are payable under this
chapter, and a dispute exists between two or more employers or two or more
insurers or the special compensation fund as to which is liable for payment, the
commissioner, compensation judge, or court of appeals upon appeal shall direct
that When liability has been determined, the party held liable
for the benefits shall be ordered to reimburse any other party for payments
which the latter has made, including interest at the rate of 12 percent a year.
The claimant shall also be awarded a reasonable attorney fee, to be paid by the
party held liable for the benefits.
An order directing payment of benefits pending a
determination of liability may not be used as evidence before a compensation
judge, the workers' compensation court of appeals, or court in which the dispute
is pending."
Amend the title as follows:
Page 1, line 7, after the semicolon, insert "eliminating
the three day waiting period for compensation after commencement of disability;
providing for payment of certain disputed benefits;"
Page 1, line 8, delete the second "and"
Page 1, line 9, after "11" insert "; 176.121; and
176.191, subdivision 1"
With the recommendation that when so amended the bill
pass.
The report was adopted.
H. F. Nos. 254, 271, 302, 645 and 781 were read for the
second time.
The following House Files were introduced:
Clark, Wejcman, Delmont, Mariani and Mulder introduced:
H. F. No. 991, A bill for an act relating to child care;
providing for certain grants; expanding uses for certain funds; appropriating
money; amending Minnesota Statutes 1996, sections 119B.20, subdivisions 7 and 9;
and 119B.21, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 119B.
The bill was read for the first time and referred to the
Committee on Education.
Murphy and Anderson, I., introduced:
H. F. No. 992, A bill for an act relating to the town of
Thomson; authorizing the establishment of a detached facility.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Milbert, Garcia, Orfield and Ozment introduced:
H. F. No. 993, A bill for an act relating to taxation;
providing that certain sales of copies of transcripts produced by court
reporters are exempt from the sales tax; amending Minnesota Statutes 1996,
section 297A.25, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
McElroy introduced:
H. F. No. 994, A bill for an act relating to taxation;
property; providing relative homestead treatment in the case of certain
involuntary absences; amending Minnesota Statutes 1996, section 273.124,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
McElroy, Rest, Macklin, Abrams and Long introduced:
H. F. No. 995, A bill for an act relating to taxation;
allowing for joint truth in taxation hearings to be held in some cases; amending
Minnesota Statutes 1996, section 275.065, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Carruthers, Haas, Luther and Carlson introduced:
H. F. No. 996, A bill for an act relating to crime;
appropriating money for the northwest community law enforcement project.
The bill was read for the first time and referred to the
Committee on Judiciary.
Pugh, Jennings, Daggett and Commers introduced:
H. F. No. 997, A bill for an act relating to commerce;
regulating rental-purchase agreements; modifying the definitions of certain
terms; providing evidence of the cash price of property; limiting charges for
cost-of-lease services; amending Minnesota Statutes 1996, sections 325F.84,
subdivision 3, and by adding a subdivision; 325F.85; and 325F.91, by adding
subdivisions.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
Biernat, Dawkins, Kelso, Greiling and Seagren introduced:
H. F. No. 998, A bill for an act relating to education;
creating an exemption to the licensure requirement for superintendents; amending
Minnesota Statutes 1996, section 123.34, subdivision 9; proposing coding for new
law in Minnesota Statutes, chapter 125.
The bill was read for the first time and referred to the
Committee on Education.
Seifert, Tunheim, Harder and Pelowski introduced:
H. F. No. 999, A bill for an act relating to education;
eliminating the profile of learning requirement of the graduation rule; amending
Minnesota Statutes 1996, sections 121.11, subdivision 7c, as amended; and
121.1115, subdivision 2.
The bill was read for the first time and referred to the
Committee on Education.
Long, Rest, Munger, Ozment and Dehler introduced:
H. F. No. 1000, A bill for an act relating to planning;
establishing goals for community-based planning; permitting counties and
municipalities to prepare community-based plans; requiring the metropolitan
council to meet the community-based planning goals; establishing an advisory
council to develop the framework for implementing community-based planning;
appropriating money; amending Minnesota Statutes 1996, sections 394.24,
subdivision 1; and 462.357, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 4A; 394; 462; and 473.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Tomassoni; Anderson, I.; Davids; Boudreau and Abrams
introduced:
H. F. No. 1001, A bill for an act relating to insurance;
regulating exclusive agencies; increasing civil penalties for violation of agent
rights; prohibiting enforcement of certain agreements against terminated agents;
requiring notice to policy owners prior to transfer of an agent's book of
business; amending Minnesota Statutes 1996, sections 45.027, subdivision 6;
60A.172; and 72A.502, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Farrell, Rukavina, Ozment, Osskopp and Kahn introduced:
H. F. No. 1002, A bill for an act relating to public
safety; modifying fire protection industry regulations; providing for a civil
penalty; amending Minnesota Statutes 1996, sections 299M.01, subdivision 2;
299M.03, subdivision 2; 299M.04; and 299M.06; repealing Minnesota Statutes 1996,
sections 299M.05; and 299M.11, subdivision 3.
The bill was read for the first time and referred to the
Committee on Judiciary.
Milbert, Macklin, Pugh, Commers and Pawlenty introduced:
H. F. No. 1003, A bill for an act relating to
corrections; establishing a pilot project in Dakota county to assist counties,
school districts, and cities to establish family group conferencing programs;
diverting alleged offenders; providing for grants to be used in programs in the
first judicial district; appropriating money.
The bill was read for the first time and referred to the
Committee on Judiciary.
Entenza; Weaver; Chaudhary; Swenson, D., and Skoglund
introduced:
H. F. No. 1004, A bill for an act relating to crimes;
striking the requirement that a second chemical test be available to a person
accused of driving while impaired; making various changes to the implied consent
hearing process involving what must be stated in the petition, available
discovery, the burden of proof, and the scope of the hearing; requiring health
professionals to report injuries resulting from motor vehicle accidents that
involve alcohol or controlled substances; imposing criminal penalties; amending
Minnesota Statutes 1996, sections 169.123, subdivisions 3, 5c, and 6; 626.52;
626.53, subdivision 1; and 634.15, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
Tomassoni; Anderson, I.; Davids; Marko and Abrams
introduced:
H. F. No. 1005, A bill for an act relating to insurance;
Minnesota Insurance Guaranty Act; conforming state law to provisions of the
Post-Assessment Property and Liability Insurance Guaranty Association Model Act
of the National Association of Insurance Commissioners; amending Minnesota
Statutes 1996, sections 60C.02; 60C.03, subdivisions 6, 8, and by adding a
subdivision; 60C.05, subdivision 1; 60C.07, subdivision 2; 60C.09; 60C.11,
subdivision 5; 60C.13, subdivision 1; 60C.14, subdivision 2; 60C.15; 60C.19; and
60C.21, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 60C; repealing Minnesota Statutes 1996, section 60C.06, subdivision 6.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Munger, Kalis, Leppik, McCollum and Bishop introduced:
H. F. No. 1006, A bill for an act proposing an amendment
to the Minnesota Constitution, article XI, section 14; extending indefinitely
the period during which at least 40 percent of the net proceeds from the state
lottery must be credited to the environment and natural resources trust fund.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Pelowski introduced:
H. F. No. 1007, A bill for an act relating to elections;
providing for presidential primaries by mail; amending Minnesota Statutes 1996,
sections 204B.45, subdivision 3, and by adding a subdivision; 207A.01; 207A.02,
subdivision 1a; 207A.03; 207A.04, subdivision 3; 207A.06, subdivision 2;
207A.08; and 207A.09; proposing coding for new law in Minnesota Statutes,
chapter 207A; repealing Minnesota Statutes 1996, section 207A.07.
The bill was read for the first time and referred to the
Committee on General Legislation, Veterans Affairs and Elections.
Tuma, Leppik, Dehler, Milbert and Paulsen introduced:
H. F. No. 1008, A bill for an act relating to education;
changing conditions for state grants by reducing the student share; raising the
living and miscellaneous allowance; providing work-study for grant recipients;
appropriating money; amending Minnesota Statutes 1996, sections 136A.121,
subdivision 5; and 136A.233, subdivisions 1 and 3.
The bill was read for the first time and referred to the
Committee on Education.
Commers and Paulsen introduced:
H. F. No. 1009, A bill for an act relating to the
legislature; reducing the number of members of the senate and house of
representatives; amending Minnesota Statutes 1996, sections 2.021; and 2.031,
subdivision 1.
The bill was read for the first time and referred to the
Committee on General Legislation, Veterans Affairs and Elections.
Tomassoni, Solberg and Rukavina introduced:
H. F. No. 1010, A bill for an act relating to economic
development; creating a grant program to research new technology for the
taconite industry; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 116J.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
McGuire and Paymar introduced:
H. F. No. 1011, A bill for an act relating to domestic
abuse; changing procedures and terminology for presentence domestic abuse
investigations; amending Minnesota Statutes 1996, section 609.2244.
The bill was read for the first time and referred to the
Committee on Judiciary.
Paymar, Hausman, Mullery, Mariani and Dawkins introduced:
H. F. No. 1012, A bill for an act relating to economic
development; modifying requirements of the contamination cleanup grant program;
appropriating money; amending Minnesota Statutes 1996, sections 116J.553,
subdivision 2; and 116J.554, subdivision 1.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Biernat, Dawkins, Larsen, Chaudhary and Skoglund
introduced:
H. F. No. 1013, A bill for an act relating to marriage
dissolution; providing for parent education and cooperation for the children
program pilot projects; changing certain visitation dispute resolution
procedures; changing certain terminology; requiring a notice; appropriating
money; amending Minnesota Statutes 1996, sections 518.157; 518.175, subdivision
6; 518.1751; 518.18; 518.68, subdivision 2; and 626.556, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
Trimble, Kalis, Gunther and Kahn introduced:
H. F. No. 1014, A bill for an act relating to economic
development; providing incentives to produce films in Minnesota; appropriating
money.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Lieder, Kalis, Skare, Schumacher and Molnau introduced:
H. F. No. 1015, A bill for an act relating to
transportation; authorizing issuance of additional state transportation bonds to
match federal funds for replacement or rehabilitation of, local deficient
bridges; increasing an earlier appropriation; amending Laws 1996, chapter 463,
section 19, subdivision 4.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Leighton, Entenza, Dawkins, Biernat and Skoglund
introduced:
H. F. No. 1016, A bill for an act relating to child
support enforcement; authorizing disclosure of certain data to the attorney
general; providing for certain financial data matches; changing provisions for
driver's license suspension, motor vehicle liens, payment agreements, and child
support judgments; providing for publication of a "Most Wanted" list; providing
for case reviewers; providing for a child support lien;
requiring mandatory jail time for certain offenders; requiring a study;
appropriating money; specifying penalties; amending Minnesota Statutes 1996,
sections 13.46, subdivision 2; 518.551, subdivisions 13 and 14; 518.553;
518.575; 548.091, subdivisions 1a, 2a, 3a, and by adding subdivisions; and
609.375, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 13B; 518; and 548; repealing Minnesota Statutes 1996, section
609.375, subdivisions 3, 4, and 6.
The bill was read for the first time and referred to the
Committee on Judiciary.
Dawkins, Greenfield, Goodno, Jennings and Mariani
introduced:
H. F. No. 1017, A bill for an act relating to education;
amending eligibility requirements for individuals participating in youth
community service; appropriating money; amending Minnesota Statutes 1996,
section 121.707, subdivisions 1, 3, and 5.
The bill was read for the first time and referred to the
Committee on Education.
Koppendrayer, Hilty and Dempsey introduced:
H. F. No. 1018, A bill for an act relating to education;
authorizing a capital grant to independent school district No. 473, Isle;
appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
McGuire, Paymar and Skoglund introduced:
H. F. No. 1019, A bill for an act relating to crime
prevention; authorizing local regulation of pistols and semiautomatic
military-style assault weapons in certain situations; amending Minnesota
Statutes 1996, sections 471.633; and 624.717; repealing Minnesota Statutes 1996,
sections 624.7131, subdivision 12; and 624.7132, subdivision 16.
The bill was read for the first time and referred to the
Committee on Judiciary.
Entenza, Biernat and Leighton introduced:
H. F. No. 1020, A bill for an act relating to education;
establishing a grant program to increase graduation rates and decrease juvenile
crime; appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
Mariani, Trimble, Osthoff, Broecker and Farrell
introduced:
H. F. No. 1021, A bill for an act relating to human
services; authorizing a jobs-plus welfare reform pilot project in Ramsey county;
proposing coding for new law as Minnesota Statutes, chapter 256J.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Mariani, Dawkins, Hausman, McGuire and Trimble
introduced:
H. F. No. 1022, A bill for an act relating to legal
immigrants in Ramsey county; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Clark, Pugh and Wejcman introduced:
H. F. No. 1023, A bill for an act relating to
prostitution; appropriating money for support services and staff coordination of
support services for women leaving systems of prostitution.
The bill was read for the first time and referred to the
Committee on Judiciary.
Clark, Wejcman and Delmont introduced:
H. F. No. 1024, A bill for an act relating to health;
providing that a state agency may not use patient medical records for
disciplinary proceedings against a health care provider without the patient's
informed consent; amending Minnesota Statutes 1996, sections 13.42, subdivision
3; 144.335, subdivision 3a; 147.131; 147.161, subdivision 3; 147A.15,
subdivision 3; 147A.17, subdivision 3; 148.104; 148.106, subdivision 10;
148.191, subdivision 2; 148.265; 148.941, subdivision 4; 148B.09; 148B.175,
subdivision 5; 148B.63, subdivision 5; 148B.66, subdivision 1; 150A.081,
subdivision 2; 153.20; and 153.23, subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Clark, Hausman, Wejcman and Delmont introduced:
H. F. No. 1025, A bill for an act relating to controlled
substances; medical care; allowing physicians to prescribe marijuana and
Tetrahydrocannabinols for the treatment of specified medical conditions;
amending Minnesota Statutes 1996, section 152.02, subdivisions 2 and 3;
proposing coding for new law in Minnesota Statutes, chapter 152; repealing
Minnesota Statutes 1996, section 152.21.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Clark, Greenfield, Wejcman, Delmont and Mulder
introduced:
H. F. No. 1026, A bill for an act relating to human
services; authorizing the commissioner of human services to develop a pilot
project in assisted living services for senior citizens; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Milbert, Carruthers, Abrams, Commers and Rest introduced:
H. F. No. 1027, A bill for an act relating to taxation;
reducing the property tax class rates on certain apartments; amending Minnesota
Statutes 1996, section 273.13, subdivision 25.
The bill was read for the first time and referred to the
Committee on Taxes.
Dawkins; Long; Johnson, A.; Weaver and Kelso introduced:
H. F. No. 1028, A bill for an act relating to education;
directing the commissioner to consult with commission members before selecting a
commission director; removing the repeal of the youth works program;
appropriating money; amending Minnesota Statutes 1996, section 121.703,
subdivision 3; repealing Laws 1993, chapter 146, article 5, section 20.
The bill was read for the first time and referred to the
Committee on Education.
Mares, Carlson, Farrell, Weaver and Seifert introduced:
H. F. No. 1029, A bill for an act relating to education;
adopting working group recommendations for conducting teacher background checks;
amending Minnesota Statutes 1996, section 120.1045.
The bill was read for the first time and referred to the
Committee on Education.
Peterson, Wenzel, Lieder, Otremba and Molnau introduced:
H. F. No. 1030, A bill for an act relating to
agriculture; exempting vehicles carrying milk from seasonal weight restrictions
on local roads under certain circumstances; amending Minnesota Statutes 1996,
section 169.87, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Agriculture.
Hasskamp, Chaudhary, Paymar, McGuire and Bishop
introduced:
H. F. No. 1031, A bill for an act relating to domestic
abuse; providing requirements for family visitation centers; requiring
dissolution petitions to include information on orders for protection; creating
a presumption of supervised visitation when an order for protection exists;
imposing standards for individuals who supervise visitation; raising the
penalties for first-time violators and repeat violators of domestic abuse
orders; providing increased penalties when offense is committed while possessing
a dangerous weapon; making a finding of domestic abuse binding on a subsequent
custody proceeding; funding a pilot project for a combined jurisdiction family
court; providing criminal penalties; appropriating money; amending Minnesota
Statutes 1996, sections 256F.09, subdivisions 2 and 3; 518.10; 518.131,
subdivision 8; 518.175, subdivision 5, and by adding a subdivision; and 518B.01,
subdivisions 4, 6, 8, 14, 17, and 18.
The bill was read for the first time and referred to the
Committee on Judiciary.
Entenza introduced:
H. F. No. 1032, A bill for an act relating to commerce;
providing powers and duties to the commissioner; regulating securities;
modifying the real estate licensing exemption for closing agents; regulating
real property appraisers; regulating residential building contractors and
remodelers; modifying licensing requirements for collection agencies; regulating
notaries public; making technical changes; amending Minnesota Statutes 1996,
sections 45.011, subdivision 1; 45.028, subdivision 1; 80A.04, subdivisions 3,
4, and by adding a subdivision; 80A.05, subdivisions 4, 5, and by adding a
subdivision; 80A.06, subdivisions 1, 2, and 3; 80A.08; 80A.12, by adding a
subdivision; 80A.14, subdivision 3, and by adding subdivisions; 80A.15,
subdivisions 1 and 2; 80A.28, subdivisions 1 and 2; 82.20, subdivision 15;
82B.13, subdivisions 1, 4, and 5; 82B.14; 326.83, subdivision 11; 326.84,
subdivision 3; 326.921; 332.33, subdivision 1, and by adding a subdivision;
332.34; 359.061; and 359.071; proposing coding for new law in Minnesota
Statutes, chapters 45; 60K; and 80A; repealing Minnesota Statutes 1996, section
60K.07, subdivision 1.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
Entenza; Leighton; Seagren; Swenson, D., and Paymar
introduced:
H. F. No. 1033, A bill for an act relating to crime;
imposing criminal penalties on persons who commit certain unlawful acts relating
to charitable solicitation, consumer fraud, deceptive trade practices, or false
advertising against a victim who is elderly or handicapped; proposing coding for
new law in Minnesota Statutes, chapter 609.
The bill was read for the first time and referred to the
Committee on Judiciary.
Entenza introduced:
H. F. No. 1034, A bill for an act relating to animals;
increasing certain penalties for cruelty to animals; defining acts or omissions
constituting cruelty or abuse; imposing criminal penalties; amending Minnesota
Statutes 1996, sections 343.20, subdivision 3, and by adding subdivisions;
343.21, subdivisions 1, 2, 7, 10, and by adding subdivisions; and 343.27;
repealing Minnesota Statutes 1996, sections 343.21, subdivision 9; and 346.57.
The bill was read for the first time and referred to the
Committee on Judiciary.
Johnson, A., and Biernat introduced:
H. F. No. 1035, A bill for an act relating to employment;
modifying the definition of wage; amending Minnesota Statutes 1996, section
177.23, subdivision 4.
The bill was read for the first time and referred to the
Committee on Labor-Management Relations.
Macklin, Jennings, Goodno and Skoglund introduced:
H. F. No. 1036, A bill for an act relating to human
services; establishing program integrity initiatives; providing access to child
support enforcement central registry; amending Minnesota Statutes 1996, sections
13.46, subdivision 2; 13.82, subdivision 1; 13.99, by adding a subdivision;
256.01, subdivision 2; 256.017, subdivision 2; 256.019; 256.045, subdivision 3;
256.046; 256.98, subdivisions 1, 3, 4, and 8; 256.983, subdivisions 1 and 4;
256.984, subdivision 1; 256.986; 256.9861, subdivisions 1, 2, 4, and 5; 256.998,
by adding subdivisions; 256B.056, subdivision 1a; 256B.057, subdivision 2a;
256D.09, subdivision 6; 270A.03, subdivision 5; 388.23, subdivision 1; and
393.07, subdivision 10; proposing coding for new law in Minnesota Statutes,
chapter 256.
The bill was read for the first time and referred to the
Committee on Judiciary.
Daggett; Olson, E., and Westfall introduced:
H. F. No. 1037, A bill for an act relating to state
lands; authorizing public sale of certain tax-forfeited land that borders public
water in Becker county.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Goodno; Rukavina; Jefferson; Johnson, A., and Tingelstad
introduced:
H. F. No. 1038, A bill for an act relating to employment;
providing for a wage protection program; providing penalties; appropriating
money; amending Minnesota Statutes 1996, section 268.022, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the
Committee on Labor-Management Relations.
Finseth, Tunheim, Bakk, Westrom and Olson, E.,
introduced:
H. F. No. 1039, A bill for an act relating to firearms;
providing that permits to carry a firearm must be issued to responsible,
competent adults; amending Minnesota Statutes 1996, section 624.714, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing
Minnesota Statutes 1996, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, and
10.
The bill was read for the first time and referred to the
Committee on Judiciary.
Mariani, Trimble, Osthoff, Holsten and McCollum
introduced:
H. F. No. 1040, A bill for an act relating to natural
resources; appropriating money for restoring vegetation along the Mississippi
river.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Mulder introduced:
H. F. No. 1041, A bill for an act relating to
agriculture; exempting farmers from paying tax on gasoline and special fuel
received in on-farm bulk storage tanks, when used for tax-exempt purposes;
amending Minnesota Statutes 1996, section 296.141, subdivision 4.
The bill was read for the first time and referred to the
Committee on Agriculture.
Mulder introduced:
H. F. No. 1042, A bill for an act relating to taxation;
sales and use; exempting sales to political subdivisions of the state; amending
Minnesota Statutes 1996, sections 297A.25, subdivision 11; and 297A.47.
The bill was read for the first time and referred to the
Committee on Taxes.
Farrell and Trimble introduced:
H. F. No. 1043, A bill for an act relating to public
improvements; authorizing the issuance of bonds for the construction of a
community-based school facility in St. Paul; appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
Farrell and Trimble introduced:
H. F. No. 1044, A bill for an act relating to education;
providing for the construction of a community-based school facility in St. Paul;
appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
Farrell and Anderson, I., introduced:
H. F. No. 1045, A bill for an act relating to insurance;
prohibiting a surcharge for an automobile accident in which the insured is a
passenger in a bus, taxi, or commuter van; amending Minnesota Statutes 1996,
section 65B.133, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Tingelstad, Osthoff, Munger, Stang and Weaver introduced:
H. F. No. 1046, A bill for an act relating to natural
resources; appropriating money for a grant to the University of Minnesota's
raptor center.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Johnson, R.; Kalis; Gunther; Swenson, H., and Dorn
introduced:
H. F. No. 1047, A bill for an act relating to education;
appropriating money to fund the south central Minnesota talented youth program.
The bill was read for the first time and referred to the
Committee on Education.
Farrell and Trimble introduced:
H. F. No. 1048, A bill for an act relating to crime
prevention; providing for a 15-year limit to the mandatory dismissal of certain
private detective or protective agent employees after background checks are
completed; amending Minnesota Statutes 1996, section 326.336, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary.
Workman; Tunheim; Swenson, H.; Paulsen and Marko
introduced:
H. F. No. 1049, A bill for an act relating to motor
carriers; requiring registration and converting existing permits of household
goods movers; exempting household goods movers from requirements to file
tariffs; establishing safety standards for movers; providing for schedules of
rates and charges by movers; requiring shipping documents and authorizing
binding and nonbinding estimates by movers; requiring provision of identifying
information on movers; providing for complaint resolution procedures by movers;
eliminating service area restrictions on movers; amending Minnesota Statutes
1996, sections 221.011, subdivision 23, and by adding a subdivision; and
221.036, subdivisions 1 and 3; proposing coding for new law in Minnesota
Statutes, chapter 221; repealing Minnesota Statutes 1996, sections 221.121,
subdivision 6a; and 221.171, subdivision 2.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Dorn; Gunther; Swenson, H.; Kalis and Hausman introduced:
H. F. No. 1050, A bill for an act relating to state
lands; authorizing the conveyance of tax-forfeited land to the city of Mankato.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Smith and Murphy introduced:
H. F. No. 1051, A bill for an act relating to marriage
dissolution; requiring accounting for child support or assistance; amending
Minnesota Statutes 1996, section 518.57, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Judiciary.
Koppendrayer, Seagren, Greiling, Biernat and Kielkucki
introduced:
H. F. No. 1052, A bill for an act relating to education;
extending the Post-secondary Enrollment Options Act to include nonpublic school
students; amending Minnesota Statutes 1996, section 123.3514, subdivisions 3, 4,
4a, 4e, and 6c.
The bill was read for the first time and referred to the
Committee on Education.
Pelowski, Rostberg and Rifenberg introduced:
H. F. No. 1053, A bill for an act relating to health;
authorizing the emergency medical services regulatory board to adopt rules to
establish a registration program for first responders; amending Minnesota
Statutes 1996, section 144.801, subdivision 11; proposing coding for new law in
Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Tunheim, Kalis, Lieder, Hilty and Finseth introduced:
H. F. No. 1054, A bill for an act relating to the
environment; modifying requirements relating to individual sewage treatment
systems; giving the commissioner of the pollution control agency certain interim
authority; amending Minnesota Statutes 1996, section 115.55, subdivisions 1, 2,
3, 5, and 6.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Molnau, Tingelstad, Smith, Rukavina and Macklin
introduced:
H. F. No. 1055, A bill for an act relating to firearms;
providing that permits to carry a firearm must be issued to responsible,
competent adults; amending Minnesota Statutes 1996, section 624.714, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing
Minnesota Statutes 1996, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, and
10.
The bill was read for the first time and referred to the
Committee on Judiciary.
Greenfield introduced:
H. F. No. 1056, A bill for an act relating to health;
modifying the provisions related to the receivership of nursing homes and
certified boarding care homes; appropriating money; amending Minnesota Statutes
1996, section 144A.15; proposing coding for new law in Minnesota Statutes,
chapter 144A; repealing Minnesota Statutes 1996, section 144A.14.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Greenfield and Clark introduced:
H. F. No. 1057, A bill for an act relating to human
services; repealing the Medicare certification requirement in the Medicare
maximization program for certain providers; repealing Minnesota Statutes 1996,
section 256B.071, subdivision 4.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Greenfield and Huntley introduced:
H. F. No. 1058, A bill for an act relating to
MinnesotaCare; making technical, policy, and administrative changes and
corrections to MinnesotaCare taxes; amending Minnesota Statutes 1996, sections
295.50, subdivisions 3, 4, 6, 7, 13, 14, and by adding a subdivision; 295.51,
subdivision 1; 295.52, subdivisions 1b and 4; 295.53, subdivisions 1, 3, 4, and
5; 295.54, subdivision 1; 295.55, subdivision 2; and 295.582.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Gunther; Kalis; Kuisle; Anderson, B., and Swenson, H.,
introduced:
H. F. No. 1059, A bill for an act relating to the
environment; authorizing establishment of a statewide individual sewage
treatment system cost-share program; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 103C.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Smith introduced:
H. F. No. 1060, A bill for an act relating to insurance;
providing that nonrenewals on homeowner's policies must be based on the total
amount paid by the insurer on claims and not the number of claims; amending
Minnesota Statutes 1996, section 65A.29, subdivision 8.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Chaudhary, Skoglund, Bishop, Murphy and Swenson, D.,
introduced:
H. F. No. 1061, A bill for an act relating to crimes;
driving while impaired; increasing criminal penalties, minimum sentences, and
administrative sanctions for driving motor vehicles and operating recreational
vehicles with an alcohol concentration of 0.20 or more; providing more severe
requirements concerning conditional release and electronic alcohol monitoring
pending trial, alcohol use assessment and treatment, driver's license
revocation, license plate impoundment, and vehicle forfeiture; making technical
changes; amending Minnesota Statutes 1996, sections 84.91, subdivisions 1 and 5;
84.912, subdivision 1; 86B.331, subdivisions 1 and 5; 86B.337, subdivision 1;
168.042, subdivisions 1, 2, 4, 9, and 11; 169.121, subdivisions 1, 1c, 2, 3, 3a,
3b, and 4; 169.1211, subdivision 1, and by adding a subdivision; 169.1217,
subdivision 1; and 169.126, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary.
Tomassoni; Kelso; Johnson, A.; Solberg and Carlson
introduced:
H. F. No. 1062, A bill for an act relating to education;
providing for historic building revenue; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 124.
The bill was read for the first time and referred to the
Committee on Education.
Tomassoni; Kelso; Johnson, A.; Solberg and Carlson
introduced:
H. F. No. 1063, A bill for an act relating to education;
authorizing an increased retired employee health benefits levy; amending
Minnesota Statutes 1996, section 124.916, subdivision 2.
The bill was read for the first time and referred to the
Committee on Education.
Leppik introduced:
H. F. No. 1064, A bill for an act relating to higher
education; clarifying the mission of the Minnesota state colleges and
universities; amending Minnesota Statutes 1996, sections 135A.052, subdivision
1; and 136F.05.
The bill was read for the first time and referred to the
Committee on Education.
Weaver, Kraus, Tingelstad, Macklin and Dempsey
introduced:
H. F. No. 1065, A bill for an act relating to marriage;
clarifying that only persons of the opposite sex may legally marry; providing
that same-sex marriages recognized in other states are not recognized in this
state; amending Minnesota Statutes 1996, sections 517.01; 517.03; 517.08,
subdivision 1a; and 517.20.
The bill was read for the first time and referred to the
Committee on Judiciary.
Greenfield introduced:
H. F. No. 1066, A bill for an act relating to
transportation; making seat belt violation a primary offense; amending Minnesota
Statutes 1996, section 169.686, subdivision 1.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Wenzel introduced:
H. F. No. 1067, A resolution memorializing the President,
Congress, and the Secretary of Agriculture of the United States to design and
implement adjustments to the federal milk marketing order system that are
equitable to Minnesota's family dairy farmers; including reassessment of the use
of wholesale price indicators derived from trade on the Green Bay Cheese
Exchange.
The bill was read for the first time and referred to the
Committee on Agriculture.
Wenzel and Mulder introduced:
H. F. No. 1068, A bill for an act relating to
agriculture; directing the commissioners of agriculture and transportation to
conduct a pilot project on the use of soy-based biodiesel in state highway
maintenance vehicles; appropriating money.
The bill was read for the first time and referred to the
Committee on Agriculture.
Pawlenty introduced:
H. F. No. 1069, A bill for an act relating to employment;
providing immunity for references; amending Minnesota Statutes 1996, section
181.931, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 181.
The bill was read for the first time and referred to the
Committee on Judiciary.
Knoblach; Rifenberg; Westrom; Swenson, H., and Westfall
introduced:
H. F. No. 1070, A bill for an act relating to employment;
providing immunity for certain employment-related disclosures; proposing coding
for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the
Committee on Judiciary.
Mulder, Solberg, McCollum, Leppik and Weaver introduced:
H. F. No. 1071, A bill for an act relating to
professions; modifying certain board of psychology requirements relating to
education, supervision, and disclosure of patient confidences; amending
Minnesota Statutes 1996, section 148.907, subdivisions 2 and 4; 148.908,
subdivision 2; and 148.925, subdivision 7; repealing Minnesota Statutes 1996,
section 148.976.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Mulder, Solberg, McCollum, Leppik and Weaver introduced:
H. F. No. 1072, A bill for an act relating to
professions; modifying enforcement provisions for the board of psychology;
providing criminal penalties; amending Minnesota Statutes 1996, section 148.941,
subdivision 6, and by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 148.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Mulder, Solberg, McCollum, Leppik and Weaver introduced:
H. F. No. 1073, A bill for an act relating to
professions; providing for part-time practice and emeritus registration by
licensees of the board of psychology; amending Minnesota Statutes 1996, sections
148.941, subdivision 2; and 148.96, subdivisions 1 and 3; proposing coding for
new law in Minnesota Statutes, chapter 148.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Peterson, by request, introduced:
H. F. No. 1074, A bill for an act relating to taxation;
abolishing the truth in taxation hearings; amending Minnesota Statutes 1996,
sections 275.065, subdivisions 3, 5a, and 6; 375.194, subdivision 5; 383A.75,
subdivision 3; and 473.13, subdivision 1; repealing Minnesota Statutes 1996,
section 275.065, subdivision 8.
The bill was read for the first time and referred to the
Committee on Taxes.
Pugh, Tunheim, McGuire, Macklin and Swenson, D.,
introduced:
H. F. No. 1075, A bill for an act relating to health;
regulating professional health services under the professional corporation act;
amending Minnesota Statutes 1996, sections 319A.02, by adding a subdivision;
319A.04; and 319A.11, subdivision 1.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
McGuire and Dawkins introduced:
H. F. No. 1076, A bill for an act relating to civil
actions; clarifying admissibility of evidence regarding seat belts and child
passenger restraint systems in certain actions; amending Minnesota Statutes
1996, section 169.685, subdivision 4.
The bill was read for the first time and referred to the
Committee on Judiciary.
McGuire introduced:
H. F. No. 1077, A bill for an act proposing an amendment
to the Minnesota Constitution, article VI, sections 7 and 8; providing for
appointment of judges by the governor from candidates submitted by the judicial
selection commission; providing for retention elections of judges; amending
Minnesota Statutes 1996, sections 2.722, subdivision 4; 204B.06, subdivision 4;
204B.08, subdivision 3; 204B.34, subdivision 3; 204D.14, subdivision 2; 480A.02,
subdivisions 3 and 5; and 480B.01, subdivisions 1, 10, and 11; repealing
Minnesota Statutes 1996, sections 204B.06, subdivision 6; and 204B.36,
subdivisions 4 and 5.
The bill was read for the first time and referred to the
Committee on Judiciary.
Koskinen, Ozment, Rest, Dawkins and Farrell introduced:
H. F. No. 1078, A bill for an act relating to public
employment; providing rights and procedures for certain public employees of
local government units who are displaced as a result of a transfer of the
provision of services from one local government unit to another local government
unit; proposing coding for new law in Minnesota Statutes, chapter 465.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Garcia, McElroy, Macklin, Dawkins and Milbert introduced:
H. F. No. 1079, A bill for an act relating to taxation;
sales and use tax; exempting construction material used in building certain low-
and moderate-income housing; appropriating money; amending Minnesota Statutes
1996, sections 297A.15, by adding a subdivision; and 297A.25, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Jennings, Workman, Goodno and Dorn introduced:
H. F. No. 1080, A bill for an act relating to health;
modifying licensing provisions for plumbers and water conditioning contractors;
amending Minnesota Statutes 1996, sections 326.41; 326.42; and 326.62; repealing
Minnesota Statutes 1996, sections 326.40, subdivision 5; and 326.601,
subdivision 4.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Carruthers introduced:
H. F. No. 1081, A bill for an act relating to health;
providing that health plan companies are not eligible for the MinnesotaCare
antitrust exemption; amending Minnesota Statutes 1996, section 62J.2913,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Osthoff introduced:
H. F. No. 1082, A bill for an act relating to game and
fish; modifying aquatic farm fees and requirements; modifying terms of crop
protection assistance; modifying game license fees; modifying commercial fishing
fees and requirements; requiring special season Canada goose license; modifying
commercial netting provisions; amending Minnesota Statutes 1996, sections
17.4988; 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 97A.475;
97A.485, subdivision 6; 97C.501, subdivision 2; 97C.801, subdivision 2; and
97C.835, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 97B; repealing Minnesota Statutes 1996, sections 97A.475,
subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Seifert, Peterson, Kubly and Harder introduced:
H. F. No. 1083, A bill for an act relating to water;
appropriating money for the LQP-25/Lazarus Creek floodwater retention project.
Except as otherwise provided in this section, and except for
Legal records arising from proceedings or portions of proceedings that are public under section 260.155, subdivision 1,
are open to public inspection to the extent provided by the rules of the juvenile court. Except as otherwise provided by
this section, none of the records of the juvenile court and none of the records relating to an appeal from a nonpublic
juvenile court proceeding, except the written appellate opinion, shall be open to public inspection or their contents disclosed
except (a) by order of a court or (b) as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 629.73. The records
of juvenile probation officers and county home schools are records of the court for the purposes of this subdivision. Court
services data relating to delinquent acts that are contained in records of the juvenile court may be released as allowed under
section 13.84, subdivision 5a. This subdivision applies to all proceedings under this chapter, including appeals from orders
of the juvenile court, except that this subdivision does not apply to proceedings under section 260.255, 260.261, or 260.315
when the proceeding involves an adult defendant. The court shall maintain the confidentiality of adoption files and records
in accordance with the provisions of laws relating to adoptions. In juvenile court proceedings any report or social history
furnished to the court shall be open to inspection by the attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the court. Beginning on April 1, 1984, (a) Each employer subject to this chapter shall provide the
commissioner with a quarterly report of the wages paid to each employee of that employer covered by this chapter. The
report must wage detail report that shall include for each employee the employee's name, social
security number, the total wages paid to the employee, and the total number of weeks in which work
was performed paid hours worked. For employees exempt from the definition of employee in section 177.23,
subdivision 7, the employer shall report 40 hours worked for each week any duties were performed by a full-time employee
and shall report a reasonable estimate of the hours worked for each week duties were performed by a part-time
employee. The report is due and must be filed at the same time as the contribution report in accordance with rules
established by the commissioner for filing of quarterly contribution reports. For the purpose of this section, "wages paid"
includes wages actually or constructively paid and wages overdue and delayed beyond the usual time of payment on
or before the last day of the month following the end of the calendar quarter.
approved by the state board of education which that utilizes buildings and facilities during the entire
year and/or which provides
forms of optional scheduling of pupils and personnel during the learning year in
elementary and secondary schools or residential facilities for children with a
disability.
, with
the approval of the state board of education, may establish and operate a
flexible learning year program in one or more of the day or residential
facilities for children with a disability within the district.
AND
APPROVAL; ACCOUNTABILITY.]
the qualification of districts which may to operate on a
flexible learning year basis;
application by any district for state authorization for
a flexible learning year program;
(4) review the proposed flexible
learning year program of any qualified district as to conformity to standards
and the evaluation of appropriateness of priorities, workability of procedure
and overall value;
(5) approve or disapprove proposed
flexible learning year programs.
Subdivision 1. The state board
of education shall:
provide
supervision of supervise flexible learning year
programs to determine compliance with the provisions
of sections 120.59 to 120.67, and the state board standards and qualifications, and the proposed program as submitted and approved;
Subd. 2. Sections 120.59 to 120.67
shall not be construed to authorize the state board to require the establishment
of a flexible learning year program in any district in which the board has not
voted to establish, maintain, and operate such a program.
, with
the approval of the state board of education, may terminate a flexible
learning year program in one or more of the day or residential facilities for
children with a disability within the district. This section shall not be
construed to permit an exception to section 120.101 or 124.19."
September October 1 of each year, on the appropriate level of
overall property tax levy for the three jurisdictions and publicly report such
to the governing bodies of each jurisdiction for ratification or modification by
resolution;
for the three
calendar days after the disability commenced, except as provided by section
176.135, nor in any case unless the employer has actual knowledge of the
injury or is notified thereof within the period specified in section 176.141. If the disability continues for ten calendar days or longer,
the compensation is computed from the commencement of the disability.
Disability is deemed to commence on the first calendar day or fraction of a
calendar day that the employee is unable to work.
one or more of the employers or insurers the most recent employer or insurer or the special
compensation fund make payment of the benefits pending a determination of which
has liability. The special compensation fund may be ordered to make payment only
if it has been made a party to the claim because the petitioner has alleged that
one or more of the employers is uninsured for workers' compensation under
section 176.183. A temporary order may be issued under this subdivision whether
or not the employers, insurers, or special compensation fund agree to pay under
the order.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
Abrams | Erhardt | Kalis | McCollum | Peterson | Sykora |
Anderson, B. | Evans | Kelso | McElroy | Pugh | Tingelstad |
Anderson, I. | Farrell | Kielkucki | McGuire | Rest | Tomassoni |
Bakk | Finseth | Knoblach | Milbert | Reuter | Tompkins |
Bettermann | Folliard | Koppendrayer | Molnau | Rhodes | Trimble |
Biernat | Garcia | Koskinen | Mulder | Rifenberg | Tuma |
Bishop | Goodno | Kraus | Mullery | Rostberg | Tunheim |
Boudreau | Greenfield | Krinkie | Munger | Rukavina | Van Dellen |
Bradley | Greiling | Kubly | Murphy | Schumacher | Vickerman |
Broecker | Gunther | Kuisle | Ness | Seagren | Wagenius |
Carlson | Harder | Larsen | Nornes | Seifert | Weaver |
Chaudhary | Hasskamp | Leighton | Olson, E. | Sekhon | Wejcman |
Clark | Hilty | Leppik | Olson, M. | Skare | Wenzel |
Commers | Holsten | Lieder | Opatz | Skoglund | Westfall |
Daggett | Huntley | Lindner | Orfield | Slawik | Westrom |
Davids | Jaros | Long | Osskopp | Smith | Winter |
Dawkins | Jefferson | Luther | Osthoff | Solberg | Wolf |
Dehler | Jennings | Macklin | Otremba | Stanek | Workman |
Delmont | Johnson, A. | Mahon | Ozment | Stang | Spk. Carruthers |
Dempsey | Johnson, R. | Mares | Paulsen | Sviggum | |
Dorn | Juhnke | Mariani | Paymar | Swenson, D. | |
Entenza | Kahn | Marko | Pelowski | Swenson, H. | |
The bill was passed and its title agreed to.
S. F. No. 202 was reported to the House.
Mullery moved to amend S. F. No. 202 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 315.121, is amended to read:
315.121 [RELIGIOUS CORPORATIONS, CERTAIN CONVEYANCES VALIDATED.]
All conveyances executed by any religious corporation
organized under this chapter, conveying real property within this state that validated, and confirmed, even though the corporate
records do not disclose that the execution of the conveyance was authorized by
the congregation of the religious corporation in the manner provided by law, or
the record of the authorization has not been recorded in the office of the
county recorder or registrar of titles of the county in which the real estate
conveyed is located.
Sec. 2. [501B.90] [EFFECT OF DISSOLUTION OF MARRIAGE.]
Subdivision 1. [REVOCATION OF
CERTAIN TRUST PROVISIONS.] If after execution of a trust
instrument in which a sole grantor reserves a power to alter, amend, revoke, or
terminate the provisions of the trust, the grantor's marriage is dissolved or
annulled, the dissolution or annulment revokes any disposition, provision for
beneficial enjoyment or appointment of property made by the trust instrument to
a grantor's former spouse, any provisions conferring a general or special power
of appointment on the former spouse and any appointment of the former spouse as
trustee, unless the trust instrument expressly provides otherwise.
Subd. 2. [PASSING OF
PROPERTY.] Property prevented from passing to a former
spouse because of revocation by dissolution or annulment of marriage passes as
if the former spouse died on the date of the entry of the judgment and decree
dissolving or annulling the grantor's marriage and other provisions conferring
some power or office on the former spouse are interpreted as if the former
spouse died on the date of the entry of the judgment and decree dissolving or
annulling the grantor's marriage.
Subd. 3. [REVIVAL OF REVOKED
PROVISIONS.] If provisions are revoked solely by this
section, they are revived by the grantor's remarriage to the former spouse. For
purposes of this chapter, dissolution of marriage includes divorce. A decree of
separation which does not terminate the status of husband and wife is not a
dissolution of marriage for purposes of this section. No change of circumstances
other than as described in this section revokes a trust instrument.
Sec. 3. Minnesota Statutes 1996, section 508.70, is
amended by adding a subdivision to read:
Subd. 3. [EXCEPTION TO
TEN-YEAR LIMIT; ADVERSE CLAIM STATEMENT BY GOVERNMENT AGENCY.] The provisions of subdivision 2 do not apply to an adverse
claim statement made by the United States of America, this state, or any
political subdivision, agency, or instrumentality of the United States of
America or this state, which statement was filed prior to August 1, 1997, and
was a recital or memorial on the certificate of title for the affected real
property on July 31, 1997.
Sec. 4. Minnesota Statutes 1996, section 514.06, is
amended to read:
514.06 [TITLE OF VENDOR OR CONSENTING OWNER, SUBJECT TO.]
When land is sold under an executory contract requiring
the vendee to improve the same, and such contract is forfeited or surrendered
after liens have attached by reason of such improvements, the title of the
vendor shall be subject thereto; but the vendor shall not be personally liable
if the contract was made in good faith. When improvements are made by one person
upon the land of another, all persons interested therein otherwise than as bona
fide prior encumbrancers or lienors shall be deemed to have authorized such
improvements, in so far as to subject their interests to liens therefor. Any
person who has not authorized the same may protect that person's interest from
such liens by serving upon the persons doing work or otherwise contributing to
such improvement within five days after knowledge thereof, written notice that
the improvement is not being made at that person's instance, or by posting like
notice, and keeping the same posted, in a conspicuous place on the premises. The service may be made by personal service or by certified
mail to the last known address of the person doing work or otherwise
contributing to the improvement. Mailed service is effective when mailed. As
against a lessor no lien is given for repairs made by or at the instance of the
lessee.
Sec. 5. Minnesota Statutes 1996, section 518.11, is
amended to read:
518.11 [SERVICE; ALTERNATE
SERVICE; PUBLICATION.]
(a) Unless a proceeding is brought by both parties,
copies of the summons and petition shall be served on the respondent personally.
(b) When service is made out of this state and within the
United States, it may be proved by the affidavit of the person making the same.
When service is made without the United States it may be proved by the affidavit
of the person making the same, taken before and certified by any United States
minister, charge d'affaires, commissioner, consul or commercial agent, or other
consular or diplomatic officer of the United States appointed to reside in such
country, including all deputies or other representatives of such officer
authorized to perform their duties; or before an officer authorized to
administer an oath with the certificate of an officer of a court of record of
the country wherein such affidavit is taken as to the identity and authority of
the officer taking the same.
(c) If personal service cannot be made, the court may
order service of the summons by alternate means. The application for alternate
service must include the last known location of the respondent; the petitioner's
most recent contacts with the respondent; the last known location of the
respondent's employment; the names and locations of the respondent's parents,
siblings, children, and other close relatives; the names and locations of other
persons who are likely to know the respondent's whereabouts; and a description
of efforts to locate those persons.
The court shall consider the length of time the
respondent's location has been unknown, the likelihood that the respondent's
location will become known, the nature of the relief sought, and the nature of
efforts made to locate the respondent. The court shall order service by first
class mail, forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be forwarded or
communicated to the respondent or, if no address so
qualifies, then to the respondent's last known address.
If the petitioner seeks
disposition of real estate located within the state of Minnesota, the court
shall order that the summons, which shall contain the legal description of the
real estate, be published in the county where the real estate is located.
The court may also order publication, within or without the state, but only if
it might reasonably succeed in notifying the respondent of the proceeding. Also,
the court may require the petitioner to make efforts to locate the respondent by
telephone calls to appropriate persons. Service shall be deemed complete 21 days
after mailing or 21 days after court-ordered publication.
Sec. 6. Minnesota Statutes 1996, section 524.2-402, is
amended to read:
524.2-402 [DESCENT OF HOMESTEAD.]
(a) If there is a surviving spouse, the homestead,
including a manufactured home which is the family residence, descends free from
any testamentary or other disposition of it to which the spouse has not
consented in writing or as provided by law, as follows:
(1) if there is no surviving descendant of decedent, to
the spouse; or
(2) if there are surviving descendants of decedent, then
to the spouse for the term of the spouse's natural life and the remainder in
equal shares to the decedent's descendants by representation.
(b) If there is no surviving spouse and the homestead has
not been disposed of by will it descends as other real estate.
(c) If the homestead passes by descent or will to the
spouse or decedent's descendants, it is exempt from all debts which were not
valid charges on it at the time of decedent's death except that the homestead is
subject to a claim filed pursuant to section 246.53 for state hospital care or
256B.15 for medical assistance benefits. If the homestead passes to a person
other than a spouse or decedent's descendants, it is subject to the payment of
(d) For purposes of this section, except as provided in
section 524.2-301, the surviving spouse is deemed to consent to any testamentary
or other disposition of the homestead to which the spouse has not previously
consented in writing unless the spouse files in the manner provided in section
524.2-211, paragraph (f), a petition that asserts the homestead rights provided
to the spouse by this section.
Sec. 7. Minnesota Statutes 1996, section 524.2-403, is
amended to read:
524.2-403 [EXEMPT PROPERTY.]
(a) If there is a surviving spouse, then, in addition to
the homestead and family allowance, the surviving spouse is entitled from the
estate to:
(1) property not exceeding $10,000 in value in excess of
any security interests therein, in household furniture, furnishings, appliances,
and personal effects, subject to an award of sentimental value property under
section 525.152; and
(2) one automobile, if any, without regard to value.
(b) If there is no surviving spouse, the decedent's
children are entitled jointly to the same property as provided in paragraph (a).
(c) If encumbered chattels are selected and the value in
excess of security interests, plus that of other exempt property, is less than
$10,000, or if there is not $10,000 worth of exempt property in the estate, the
surviving spouse or children are entitled to other personal property of the
estate, if any, to the extent necessary to make up the $10,000 value.
(d) Rights to exempt property and assets needed to make
up a deficiency of exempt property have priority over all claims against the
estate, but the right to any assets to make up a deficiency of exempt property
abates as necessary to permit earlier payment of the family allowance.
(e) The rights granted by this section are in addition to
any benefit or share passing to the surviving spouse or children by the
decedent's will, unless otherwise provided, by intestate succession or by way of
elective share.
(f) Sec. 8. Minnesota Statutes 1996, section 524.2-606, is
amended to read:
524.2-606 [NONADEMPTION OF SPECIFIC DEVISES; UNPAID
PROCEEDS OF SALE, CONDEMNATION, OR INSURANCE; SALE BY CONSERVATOR OR GUARDIAN.]
(a) A specific devisee has a right to the specifically
devised property in the testator's estate at death and:
(1) any balance of the purchase price, together with any
security agreement, owing from a purchaser to the testator at death by reason of
sale of the property;
(2) any amount of a condemnation award for the taking of
the property unpaid at death;
(3) any proceeds unpaid at death on fire or casualty
insurance on or other recovery for injury to the property; and
(4) property owned by the testator at death and acquired
as a result of foreclosure, or obtained in lieu of foreclosure, of the security
interest for a specifically devised obligation.
(b) If specifically devised property is sold or mortgaged
by a conservator or guardian or by an agent acting within
the authority of a durable power of attorney for an incapacitated principal,
or if a condemnation award, insurance proceeds, or recovery for injury to the
property are paid to a conservator or guardian or to an
agent acting within the authority of a durable power of attorney for an
incapacitated principal, the specific devisee has the right to a general
pecuniary devise equal to the net sale price, the amount of the unpaid loan, the
condemnation award, the insurance proceeds, or the recovery.
(c) The right of a specific devisee under paragraph (b)
is reduced by any right the devisee has under paragraph (a).
(d) For the purposes of the references in paragraph (b)
to a conservator or guardian or an agent acting within
the authority of a durable power of attorney, paragraph (b) does not apply
if after the sale, mortgage, condemnation, casualty, or recovery;
(1) in the case of a conservator
or guardian, it was adjudicated that the testator's incapacity ceased and
the testator survived the adjudication by one year (2) in the case of an agent acting
within the authority of a durable power of attorney, the testator's incapacity
ceased and the testator survived for one year after the incapacity ceased.
(e) For the purposes of the
references in paragraph (b) to an agent acting within the authority of a durable
power of attorney for an incapacitated principal, (i) "incapacitated principal"
means a principal who is an incapacitated person as defined in section 525.54,
subdivision 3, and (ii) a finding of the principal's incapacity need not occur
during the principal's life.
Sec. 9. [524.2-711] [FUTURE INTERESTS IN "HEIRS," "HEIRS
AT LAW," OR "NEXT OF KIN."]
If a governing instrument calls
for a future distribution to or creates a future interest in a designated
individual's "heirs," "heirs at law," or "next of kin," the property passes to
those persons, including the state of Minnesota under section 524.2-105, and in
such shares as would succeed to the designated individual's intestate estate
under the laws of intestate succession of the state of Minnesota if the
designated individual died when the disposition is to take effect in possession
or enjoyment. If the designated individual's surviving spouse is living at the
time the disposition is to take effect in possession or enjoyment, the surviving
spouse is an heir of the designated individual for the purposes of this section,
whether or not the surviving spouse is remarried.
Sec. 10. [TRANSITION PROVISION.]
Section 1 does not affect any
action or proceeding pending on its effective date or that is commenced before
February 1, 1998, involving the validity of a conveyance recorded or filed after
June 30, 1984, if a notice of the pendency of the action or proceeding is
recorded or filed before February 1, 1998, in the office of the county recorder
or registrar of titles in which the real property affected by the action or
proceeding is located.
Sec. 11. [APPLICATION.]
Section 2 applies to all trusts,
whenever created, in which a sole grantor has a power to alter, amend, revoke,
or terminate the provisions of the trust on the later of (1) the effective date
of this section, and (2) the date of the entry of the judgment and decree
dissolving or annulling the grantor's marriage."
Delete the title and insert:
"A bill for an act relating to property; validating
certain conveyances by religious corporations; regulating adverse claims by a
government agency; clarifying the manner of service of certain notices regarding
mechanics liens; requiring published notice of dispositions of certain real
property in a marriage dissolution action; regulating property held in revocable
trusts upon the dissolution of marriage; regulating specific devises and
distributions of property under the uniform probate code; amending Minnesota
Statutes 1996, sections 315.121; 508.70, by adding a subdivision; 514.06;
518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in
Minnesota Statutes, chapters 501B; and 524."
The motion prevailed and the amendment was adopted.
S. F. No. 202, A bill for an act relating to property;
validating certain conveyances by religious corporations; requiring published
notice of dispositions of certain real property in a marriage dissolution
action; regulating property held in revocable trusts upon the dissolution of
marriage; regulating specific devises and distributions of property under the
uniform probate code; amending Minnesota Statutes 1996, sections 315.121;
518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in
Minnesota Statutes, chapters 501B; and 524.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
were recorded prior to July 1, 1984, have been of record for more than six years in the
office of the county recorder or registrar of titles of the county in which the
real estate conveyed is located, and the record of the conveyance, are
legalized,
the items mentioned in section 524.2-101. No lien or
other charge against a homestead so exempted is enforceable in the probate
court, but expenses of administration, funeral
expenses, expenses of last illness, taxes, and debts. The claimant may seek to enforce the a lien or other charge against a homestead so exempted by an appropriate action
in the district court.
A claim under section 246.53,
256B.15, 256D.16, or 261.04 takes precedence over any rights granted to a
decedent's adult children under this section. No
rights granted to a decedent's adult children under this section shall have
precedence over a claim under section 246.53, 256B.15, 256D.16, 261.04, or
524.3-805, paragraph (a), clause (1), (2), or (3).
.; or
Abrams | Erhardt | Kahn | Mariani | Paymar | Swenson, D. |
Anderson, B. | Evans | Kalis | Marko | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | McCollum | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McElroy | Pugh | Tingelstad |
Bettermann | Folliard | Knight | McGuire | Rest | Tomassoni |
Biernat | Garcia | Knoblach | Milbert | Reuter | Tompkins |
Bishop | Goodno | Koppendrayer | Molnau | Rhodes | Trimble |
Boudreau | Greenfield | Koskinen | Mulder | Rifenberg | Tuma |
Bradley | Greiling | Kraus | Mullery | Rostberg | Tunheim |
Broecker | Gunther | Krinkie | Munger | Rukavina | Van Dellen |
Carlson | Haas | Kubly | Murphy | Schumacher | Vickerman |
Chaudhary | Harder | Kuisle | Ness | Seagren | Wagenius |
Clark | Hasskamp | Larsen | Nornes | Seifert | Weaver |
Commers | Hilty | Leighton | Olson, E. | Sekhon | Wejcman |
Daggett | Holsten | Leppik | Opatz | Skare | Wenzel |
Davids | Huntley | Lieder | Orfield | Skoglund | Westfall |
Dawkins | Jaros | Lindner | Osskopp | Slawik | Westrom |
Dehler | Jefferson | Long | Osthoff | Smith | Winter |
Delmont | Jennings | Luther | Otremba | Solberg | Wolf |
Dempsey | Johnson, A. | Macklin | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Mahon | Paulsen | Stang | Spk. Carruthers |
Entenza | Juhnke | Mares | Pawlenty | Sviggum | |
The bill was passed, as amended, and its title agreed to.
Winter moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the Speaker.
The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.
Prayer was offered by the Reverend David Johnson, Co-Pastor, Park Open Door Church, St. Paul, Minnesota.
The roll being called, the following Senators answered to their names: Anderson, Beckman and Belanger.
Senator Moe, R. D., moved that further proceedings of the
roll call be suspended. The motion prevailed and a quorum was declared present.
February 19, 1997
SENATE COMMITTEE ON CHILDREN, FAMILIES AND LEARNING
To the Honorable Phil Carruthers, Speaker of the House of
Representatives, as President of the Joint Convention of the Senate and House of
Representatives meeting to elect five Regents to the University of Minnesota.
The House Committee on Education and the Senate Committee
on Children, Families and Learning make the following report:
We have selected the following named persons as a slate
of nominees for Regents of the University of Minnesota, to hold office for the
term specified for each from the second Friday in March:
H. Bryan Neel, III, First Congressional District, Six
Years
David Metzen, Fourth Congressional District, Six Years
Michael O'Keefe, Fifth Congressional District, to fill
the remainder of the term of Jean Keffeler to expire in Four Years
Maureen Reed, Sixth Congressional District, Six Years
Robert Bergland, Seventh Congressional District, Six
Years
We hereby submit the recommendation and the terms of said
persons in nomination for the offices and terms hereinbefore designated.
Lyndon R. Carlson, Chair
House Committee on Education
Co-Chair of the Joint Committee
Leroy A. Stumpf, Co-Chair
Senate Committee on Children, Families and Learning
Co-Chair of the Joint Committee
Pat Piper, Co-Chair
Senate Committee on Children Families and Learning
Co-Chair of the Joint Committee
Lawrence J. Pogemiller, Co-Chair
Senate Committee on Children, Families and Learning
Co-Chair of the Joint Committee
Representative Carlson and Senators Stumpf, Piper and
Pogemiller moved that the report from the Joint Committee be adopted.
The motion prevailed and the report was adopted.
The President called for additional nominations.
Tom Stoa was nominated by Senator Spear for Regent from
the First Congressional District for a term of six years.
Carol Ericson was nominated by Representative McGuire for
Regent from the Fourth Congressional District for a term of six years.
Bob Anderson was nominated by Representative Anderson,
I., for Regent from the Seventh Congressional District for a term of six years.
There being no further nominations, the President
declared the nominations closed.
Pursuant to Joint Rules of the Senate and House of
Representatives, the Joint Convention proceeded to elect five members of the
Board of Regents of the University of Minnesota, one from the First
Congressional District for a term of six years, one from the Fourth
Congressional District for a term of six years, one from the Fifth Congressional
District for a term of four years, one from the Sixth Congressional District for
a term of six years, and one from the Seventh Congressional District for a term
of six years.
169 members voted for H. Bryan Neel, III, First
Congressional District Regent, for a six year term, as follows:
Anderson | Frederickson | Kelly, R. C. | Metzen | Price | Stevens |
Beckman | Hanson | Kiscaden | Moe, R. D. | Ranum | Stumpf |
Belanger | Janezich | Kleis | Neuville | Robertson | Terwilliger |
Berg | Johnson, D. E. | Knutson | Novak | Robling | Vickerman |
Betzold | Johnson, D. H. | Krentz | Oliver | Runbeck | Wiener |
Day | Johnson, D. J. | Laidig | Olson | Sams | Wiger |
Dille | Johnson, J. B. | Langseth | Ourada | Scheevel | |
Fischbach | Junge | Larson | Pariseau | Scheid | |
Flynn | Kelley, S. P. | Limmer | Pogemiller | Solon | |
Anderson, B. | Farrell | Koppendrayer | McGuire | Rest | Tingelstad |
Anderson, I. | Finseth | Koskinen | Milbert | Reuter | Tomassoni |
Bakk | Folliard | Kraus | Molnau | Rhodes | Tompkins |
Bettermann | Garcia | Krinkie | Mulder | Rifenberg | Trimble |
Biernat | Goodno | Kubly | Mullery | Rostberg | Tuma |
Bishop | Greiling | Kuisle | Ness | Rukavina | Tunheim |
Boudreau | Gunther | Larsen | Nornes | Schumacher | Van Dellen |
Bradley | Haas | Leighton | Olson, E. | Seagren | Vickerman |
Broecker | Harder | Leppik | Olson, M. | Seifert | Wagenius |
Carlson | Hasskamp | Lieder | Opatz | Sekhon | Weaver |
Chaudhary | Hilty | Lindner | Orfield | Skare | Wejcman |
Clark | Holsten | Long | Osskopp | Slawik | Wenzel |
Commers | Jaros | Luther | Osthoff | Smith | Westfall |
Daggett | Jennings | Macklin | Otremba | Solberg | Westrom |
Davids | Johnson, A. | Mahon | Ozment | Stanek | Winter |
Dawkins | Juhnke | Mares | Paulsen | Stang | Wolf |
Dehler | Kelso | Mariani | Pawlenty | Sviggum | Workman |
Delmont | Kielkucki | Marko | Paymar | Swenson, D. | Pres. Carruthers |
Dempsey | Knight | McCollum | Peterson | Swenson, H. | |
Erhardt | Knoblach | McElroy | Pugh | Sykora | |
25 members voted for Thomas Stoa, First Congressional District Regent, for a six year term, as follows:
Berglin | Higgins | Marty | Piper | Ten Eyck |
Cohen | Hottinger | Morse | Samuelson | |
Foley | Lourey | Pappas | Spear | |
Dorn | Evans | Jefferson | Kahn | Munger | Pelowski |
Entenza | Greenfield | Johnson, R. | Kalis | Murphy | Skoglund |
177 members voted for David Metzen, Fourth Congressional District Regent, for a six year term, as follows:
Anderson | Frederickson | Kelly, R. C. | Moe, R. D. | Ranum | Stumpf |
Beckman | Hanson | Kiscaden | Morse | Robertson | Ten Eyck |
Belanger | Higgins | Kleis | Neuville | Robling | Terwilliger |
Berg | Hottinger | Knutson | Novak | Runbeck | Vickerman |
Betzold | Janezich | Krentz | Oliver | Sams | Wiener |
Cohen | Johnson, D. E. | Laidig | Olson | Samuelson | Wiger |
Day | Johnson, D. H. | Langseth | Ourada | Scheevel | |
Dille | Johnson, D. J. | Larson | Pariseau | Scheid | |
Fischbach | Johnson, J. B. | Limmer | Piper | Solon | |
Flynn | Junge | Lourey | Pogemiller | Spear | |
Foley | Kelley, S. P. | Metzen | Price | Stevens | |
Anderson, I. | Finseth | Kelso | Milbert | Rest | Tomassoni |
Bakk | Folliard | Kielkucki | Molnau | Reuter | Tompkins |
Bettermann | Garcia | Knoblach | Mullery | Rifenberg | Trimble |
Biernat | Goodno | Koppendrayer | Munger | Rostberg | Tuma |
Bishop | Greenfield | Koskinen | Murphy | Rukavina | Tunheim |
Boudreau | Greiling | Kraus | Ness | Schumacher | Van Dellen |
Bradley | Gunther | Krinkie | Nornes | Seagren | Vickerman |
Broecker | Harder | Kubly | Olson, E. | Seifert | Wagenius |
Carlson | Hasskamp | Kuisle | Opatz | Sekhon | Weaver |
Chaudhary | Hilty | Larsen | Orfield | Skare | Wejcman |
Clark | Holsten | Leighton | Osskopp | Skoglund | Wenzel |
Commers | Huntley | Lieder | Osthoff | Slawik | Westfall |
Daggett | Jaros | Luther | Otremba | Smith | Westrom |
Davids | Jefferson | Macklin | Ozment | Solberg | Winter |
Dawkins | Jennings | Mahon | Paulsen | Stanek | Wolf |
Delmont | Johnson, A. | Mares | Pawlenty | Stang | Pres. Carruthers |
Dempsey | Johnson, R. | Mariani | Paymar | Sviggum | |
Dorn | Juhnke | Marko | Pelowski | Swenson, D. | |
Erhardt | Kahn | McCollum | Peterson | Sykora | |
Farrell | Kalis | McElroy | Pugh | Tingelstad | |
18 members voted for Carol Ericson, Fourth Congressional District Regent, for a six year term, as follows:
Berglin | Marty | Pappas | |
Anderson, B. | Evans | Leppik | McGuire | Rhodes | Workman |
Dehler | Haas | Lindner | Mulder | Swenson, H. | |
Entenza | Knight | Long | Olson, M. | ||
Anderson | Foley | Kelley, S. P. | Marty | Piper | Solon |
Beckman | Frederickson | Kelly, R. C. | Metzen | Pogemiller | Spear |
Belanger | Hanson | Kiscaden | Moe, R. D. | Price | Stevens |
Berg | Higgins | Kleis | Morse | Ranum | Stumpf |
Berglin | Hottinger | Knutson | Neuville | Robertson | Ten Eyck |
Betzold | Janezich | Krentz | Novak | Robling | Terwilliger |
Cohen | Johnson, D. E. | Laidig | Oliver | Runbeck | Vickerman |
Day | Johnson, D. H. | Langseth | Olson | Sams | Wiener |
Dille | Johnson, D. J. | Larson | Ourada | Samuelson | Wiger |
Fischbach | Johnson, J. B. | Limmer | Pappas | Scheevel | |
Flynn | Junge | Lourey | Pariseau | Scheid | |
Anderson, B. | Evans | Kelso | McCollum | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kielkucki | McElroy | Peterson | Sykora |
Bakk | Finseth | Knight | McGuire | Pugh | Tingelstad |
Bettermann | Garcia | Knoblach | Milbert | Rest | Tomassoni |
Biernat | Goodno | Koppendrayer | Molnau | Reuter | Tompkins |
Bishop | Greenfield | Koskinen | Mulder | Rhodes | Trimble |
Boudreau | Greiling | Kraus | Mullery | Rifenberg | Tuma |
Bradley | Gunther | Krinkie | Munger | Rostberg | Tunheim |
Broecker | Haas | Kubly | Murphy | Rukavina | Van Dellen |
Carlson | Harder | Kuisle | Ness | Schumacher | Vickerman |
Chaudhary | Hasskamp | Larsen | Nornes | Seagren | Wagenius |
Clark | Hilty | Leighton | Olson, E. | Seifert | Weaver |
Commers | Holsten | Leppik | Olson, M. | Sekhon | Wejcman |
Daggett | Huntley | Lieder | Opatz | Skare | Wenzel |
Davids | Jaros | Lindner | Orfield | Skoglund | Westfall |
Dawkins | Jefferson | Long | Osskopp | Slawik | Westrom |
Dehler | Jennings | Luther | Osthoff | Smith | Winter |
Delmont | Johnson, A. | Macklin | Otremba | Solberg | Wolf |
Dempsey | Johnson, R. | Mahon | Ozment | Stanek | Workman |
Dorn | Juhnke | Mares | Paulsen | Stang | Pres. Carruthers |
Entenza | Kahn | Mariani | Pawlenty | Sviggum | |
Erhardt | Kalis | Marko | Paymar | Swenson, D. | |
194 members voted for Maureen Reed, Sixth Congressional District Regent, for a six year term, as follows:
Anderson | Foley | Kelley, S. P. | Marty | Piper | Solon |
Beckman | Frederickson | Kelly, R. C. | Metzen | Pogemiller | Spear |
Belanger | Hanson | Kiscaden | Moe, R. D. | Price | Stevens |
Berg | Higgins | Kleis | Morse | Ranum | Stumpf |
Journal of the House - 17th Day - Top of Page 367 |
|||||
Berglin | Hottinger | Knutson | Neuville | Robertson | Ten Eyck |
Betzold | Janezich | Krentz | Novak | Robling | Terwilliger |
Cohen | Johnson, D. E. | Laidig | Oliver | Runbeck | Vickerman |
Day | Johnson, D. H. | Langseth | Olson | Sams | Wiener |
Dille | Johnson, D. J. | Larson | Ourada | Samuelson | Wiger |
Fischbach | Johnson, J. B. | Limmer | Pappas | Scheevel | |
Flynn | Junge | Lourey | Pariseau | Scheid | |
Anderson, B. | Evans | Kalis | Marko | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | McCollum | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McElroy | Pugh | Tingelstad |
Bettermann | Folliard | Knight | McGuire | Rest | Tomassoni |
Biernat | Garcia | Knoblach | Milbert | Reuter | Tompkins |
Bishop | Goodno | Koppendrayer | Molnau | Rhodes | Trimble |
Boudreau | Greenfield | Koskinen | Mulder | Rifenberg | Tuma |
Bradley | Greiling | Kraus | Mullery | Rostberg | Tunheim |
Broecker | Gunther | Krinkie | Munger | Rukavina | Van Dellen |
Carlson | Haas | Kubly | Ness | Schumacher | Vickerman |
Chaudhary | Harder | Kuisle | Nornes | Seagren | Wagenius |
Clark | Hasskamp | Larsen | Olson, E. | Seifert | Weaver |
Commers | Hilty | Leighton | Olson, M. | Sekhon | Wejcman |
Daggett | Holsten | Leppik | Opatz | Skare | Wenzel |
Davids | Huntley | Lieder | Orfield | Skoglund | Westfall |
Dawkins | Jaros | Lindner | Osskopp | Slawik | Westrom |
Dehler | Jefferson | Long | Osthoff | Smith | Winter |
Delmont | Jennings | Luther | Otremba | Solberg | Wolf |
Dempsey | Johnson, A. | Macklin | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Mahon | Paulsen | Stang | Pres. Carruthers |
Entenza | Juhnke | Mares | Pawlenty | Sviggum | |
Erhardt | Kahn | Mariani | Paymar | Swenson, D. | |
1 member voted for Harry Sieben, Jr., Sixth Congressional District Regent, for a six year term, as follows:
Murphy
176 members voted for Robert Bergland, Seventh Congressional District Regent, for a six year term, as follows:
Anderson | Foley | Kelley, S. P. | Metzen | Pogemiller | Spear |
Beckman | Frederickson | Kelly, R. C. | Moe, R. D. | Price | Stevens |
Belanger | Hanson | Kiscaden | Morse | Ranum | Stumpf |
Berg | Higgins | Kleis | Neuville | Robertson | Ten Eyck |
Berglin | Hottinger | Knutson | Novak | Robling | Terwilliger |
Betzold | Janezich | Krentz | Oliver | Runbeck | Vickerman |
Cohen | Johnson, D. E. | Laidig | Olson | Sams | Wiener |
Day | Johnson, D. H. | Langseth | Ourada | Samuelson | Wiger |
Dille | Johnson, D. J. | Larson | Pappas | Scheevel | |
Fischbach | Johnson, J. B. | Limmer | Pariseau | Scheid | |
Flynn | Junge | Marty | Piper | Solon | |
Anderson, B. | Erhardt | Kalis | Mariani | Rest | Sykora |
Bakk | Evans | Kelso | McElroy | Reuter | Tingelstad |
Bettermann | Farrell | Kielkucki | Milbert | Rhodes | Tomassoni |
Biernat | Finseth | Knoblach | Molnau | Rifenberg | Tompkins |
Bishop | Folliard | Koppendrayer | Mullery | Rostberg | Trimble |
Boudreau | Garcia | Koskinen | Ness | Rukavina | Tuma |
Bradley | Goodno | Kraus | Nornes | Schumacher | Tunheim |
Broecker | Greenfield | Krinkie | Olson, E. | Seagren | Van Dellen |
Carlson | Greiling | Kubly | Olson, M. | Seifert | Vickerman |
Chaudhary | Gunther | Kuisle | Opatz | Sekhon | Wagenius |
Clark | Haas | Larsen | Orfield | Skare | Weaver |
Commers | Harder | Leighton | Osskopp | Skoglund | Wenzel |
Daggett | Hilty | Leppik | Osthoff | Slawik | Westfall |
Davids | Holsten | Lieder | Paulsen | Solberg | Westrom |
Dawkins | Jaros | Long | Pawlenty | Stanek | Winter |
Dehler | Johnson, A. | Luther | Paymar | Stang | Wolf |
Dempsey | Johnson, R. | Macklin | Pelowski | Sviggum | Workman |
Dorn | Juhnke | Mahon | Peterson | Swenson, D. | Pres. Carruthers |
Entenza | Kahn | Mares | Pugh | Swenson, H. | |
19 members voted for Bob Anderson, Seventh Congressional District, for a six year term, as follows:
Lourey
Anderson, I. | Huntley | Knight | McCollum | Munger | Ozment |
Delmont | Jefferson | Lindner | McGuire | Murphy | Smith |
Hasskamp | Jennings | Marko | Mulder | Otremba | Wejcman |
Moe, R. D., moved that the Joint Convention arise. The motion prevailed and the President declared the Joint Convention adjourned.
CERTIFICATION
To the Governor
State of Minnesota
To the Senate
State of Minnesota
To the House of Representatives
State of Minnesota
This is to certify that the House of Representatives and the Senate in Joint Convention on Thursday, February 27, 1997, have elected as members of the Board of Regents of the University of Minnesota the following members each to hold his or her respective office for the term specified for each from the second Friday in March:
H. Bryan Neel, III, First Congressional District, Six Years
David Metzen, Fourth Congressional District, Six Years
Michael O'Keefe, Fifth Congressional District, to fill the remainder of the term of Jean Keffeler to expire in Four Years
Maureen Reed, Sixth Congressional District, Six Years
Robert Bergland, Seventh Congressional District, Six Years
Allan H. Spear
President of the Senate
Phil Carruthers
Speaker of the House of Representatives
The House reconvened and was called to order by the Speaker.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 100.
H. F. No. 100, A bill for an act relating to public safety; providing for emergency expenditures related to the continuing severe weather conditions and their aftermath; providing additional funding for state road operations and state trooper overtime in fiscal year 1997; making certain cross-reference corrections; appropriating money; amending Minnesota Statutes 1996, sections 84.912, subdivision 1; 86B.337, subdivision 1; 168.042, subdivision 1; 169.121, subdivision 4; 169.1217, subdivision 1; 171.043; 171.24, subdivision 5; 171.30, subdivision 3; and 171.305, subdivision 5.
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 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Kahn | Marko | Paymar | Swenson, D. |
Anderson, B. | Evans | Kalis | McCollum | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | McElroy | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McGuire | Pugh | Tingelstad |
Bettermann | Folliard | Knoblach | Milbert | Rest | Tomassoni |
Biernat | Garcia | Koppendrayer | Molnau | Reuter | Tompkins |
Bishop | Goodno | Koskinen | Mulder | Rhodes | Trimble |
Boudreau | Greenfield | Kraus | Mullery | Rifenberg | Tuma |
Bradley | Greiling | Krinkie | Munger | Rostberg | Tunheim |
Broecker | Gunther | Kubly | Murphy | Rukavina | Van Dellen |
Carlson | Haas | Kuisle | Ness | Schumacher | Vickerman |
Chaudhary | Harder | Larsen | Nornes | Seagren | Wagenius |
Clark | Hasskamp | Leighton | Olson, E. | Seifert | Weaver |
Commers | Hilty | Leppik | Olson, M. | Sekhon | Wejcman |
Daggett | Holsten | Lieder | Opatz | Skare | Wenzel |
Davids | Huntley | Lindner | Orfield | Skoglund | Westfall |
Dawkins | Jaros | Long | Osskopp | Slawik | Westrom |
Dehler | Jefferson | Luther | Osthoff | Smith | Winter |
Delmont | Jennings | Macklin | Otremba | Solberg | Wolf |
Dempsey | Johnson, A. | Mahon | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Mares | Paulsen | Stang | Spk. Carruthers |
Entenza | Juhnke | Mariani | Pawlenty | Sviggum | |
Those who voted in the negative were:
Knight
The bill was passed and its title agreed to.
Clark was excused between the hours of 1:50 p.m. and 2:50 p.m.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 268.
H. F. No. 268 was reported to the House.
Paymar moved to amend H. F. No. 268, the second engrossment, as follows:
Page 1, line 22, after "level" insert "four,"
Page 1, line 27, after "level" insert "four," and after "five" insert a comma
Page 1, line 28, delete "four" and insert "three"
Page 2, line 2, before "three" insert "or" and delete ", or four"
Entenza | Greiling | Jaros | Mariani | Munger | Paymar |
Greenfield | Huntley | Jennings | McGuire | Opatz | Wejcman |
Those who voted in the negative were:
Abrams | Erhardt | Kielkucki | McCollum | Rest | Sykora |
Anderson, B. | Evans | Knight | McElroy | Reuter | Tingelstad |
Anderson, I. | Farrell | Knoblach | Milbert | Rhodes | Tomassoni |
Bakk | Finseth | Koppendrayer | Molnau | Rifenberg | Tompkins |
Bettermann | Folliard | Koskinen | Mulder | Rostberg | Trimble |
Biernat | Garcia | Kraus | Mullery | Rukavina | Tuma |
Bishop | Goodno | Krinkie | Ness | Schumacher | Tunheim |
Boudreau | Gunther | Kubly | Nornes | Seagren | Van Dellen |
Bradley | Haas | Kuisle | Olson, E. | Seifert | Vickerman |
Broecker | Harder | Larsen | Olson, M. | Sekhon | Wagenius |
Carlson | Hasskamp | Leighton | Orfield | Skare | Weaver |
Chaudhary | Hilty | Leppik | Osskopp | Skoglund | Wenzel |
Commers | Holsten | Lieder | Osthoff | Slawik | Westfall |
Daggett | Jefferson | Lindner | Otremba | Smith | Westrom |
Davids | Johnson, A. | Long | Ozment | Solberg | Winter |
Dawkins | Johnson, R. | Luther | Paulsen | Stanek | Wolf |
Dehler | Juhnke | Macklin | Pawlenty | Stang | Workman |
Delmont | Kahn | Mahon | Pelowski | Sviggum | Spk. Carruthers |
Dempsey | Kalis | Mares | Peterson | Swenson, D. | |
Dorn | Kelso | Marko | Pugh | Swenson, H. | |
The motion did not prevail and the amendment was not adopted.
H. F. No. 268, A bill for an act relating to corrections; modifying multiple occupancy requirements applicable to state prisons; amending the appropriation to build a close-custody correctional facility of at least 800 beds; providing that the new facility shall be at level four; deleting certain construction bid requirements; amending Minnesota Statutes 1996, section 243.53, subdivision 1; Laws 1996, chapter 463, section 16, subdivision 3; repealing Minnesota Statutes 1996, section 243.53, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams | Evans | Kelso | McElroy | Pugh | Tingelstad |
Anderson, B. | Farrell | Kielkucki | McGuire | Rest | Tomassoni |
Anderson, I. | Finseth | Knight | Milbert | Reuter | Trimble |
Bakk | Folliard | Knoblach | Molnau | Rhodes | Tuma |
Bettermann | Garcia | Koppendrayer | Mulder | Rifenberg | Tunheim |
Biernat | Goodno | Koskinen | Mullery | Rostberg | Van Dellen |
Bishop | Greiling | Kraus | Munger | Rukavina | Vickerman |
Boudreau | Gunther | Krinkie | Murphy | Schumacher | Wagenius |
Bradley | Haas | Kubly | Ness | Seagren | Weaver |
Broecker | Harder | Kuisle | Nornes | Seifert | Wejcman |
Carlson | Hasskamp | Larsen | Olson, E. | Sekhon | Wenzel |
Chaudhary | Hilty | Leighton | Olson, M. | Skare | Westfall |
Commers | Holsten | Leppik | Opatz | Skoglund | Westrom |
Daggett | Huntley | Lieder | Orfield | Slawik | Winter |
Davids | Jaros | Lindner | Osskopp | Smith | Wolf |
Dawkins | Jefferson | Long | Osthoff | Solberg | Workman |
Dehler | Jennings | Luther | Otremba | Stanek | Spk. Carruthers |
Delmont | Johnson, A. | Macklin | Ozment | Stang | |
Dempsey | Johnson, R. | Mahon | Paulsen | Sviggum | |
Dorn | Juhnke | Mares | Pawlenty | Swenson, D. | |
Entenza | Kahn | Marko | Pelowski | Swenson, H. | |
Erhardt | Kalis | McCollum | Peterson | Sykora | |
Those who voted in the negative were:
Greenfield | Mariani | Paymar |
The bill was passed and its title agreed to.
H. F. No. 86 was reported to the House.
Skoglund, Stanek and Jefferson moved to amend H. F. No. 86 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [169.694] [UNLAWFUL USE OF SOUND-PRODUCING DEVICES IN MOTOR VEHICLES.]
Subdivision 1. [DEFINITION.] As used in this section, "sound-producing device" means a machine or device designed to produce or reproduce sound and includes, but is not limited to, a radio receiving set, tape or disc player, musical instrument, phonograph, or paging system.
Subd. 2. [UNLAWFUL ACTS.] (a) It is unlawful for any person to operate or be in actual physical control of a motor vehicle in or on which a sound-producing device is being operated in a manner plainly audible at a distance of 50 feet from the motor vehicle.
(b) It is unlawful for any person to operate a sound-producing device in a motor vehicle in a manner that unreasonably disturbs the peace and quiet of a person of ordinary sensibility nearby.
Subd. 3. [PRIMA FACIE EVIDENCE OF VIOLATION.] The operation of a sound-producing device in a manner that makes it plainly audible at a distance of 50 feet or more from the motor vehicle is prima facie evidence of a violation of this section.
Subd. 4. [EXCEPTIONS.] This section does not apply to the operation of:
(1) antitheft devices in motor vehicles; or
(2) sound-producing devices in authorized emergency vehicles.
Subd. 5. [EFFECT ON LOCAL ORDINANCES.] Nothing in subdivisions 1 to 4 supersedes or precludes the continuation or adoption of a local ordinance that provides for more stringent regulation of the subject matter in subdivisions 1 to 4.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective August 1, 1997, and applies to offenses committed on or after that date."
The motion prevailed and the amendment was adopted.
Broecker moved to amend H. F. No. 86, the first engrossment, as amended, as follows:
Page 1, line 13, delete "50" and insert "100"
Page 1, line 21, delete "50" and insert "100"
Biernat | Evans | Johnson, R. | Mullery | Paymar | Swenson, D. |
Broecker | Farrell | Kahn | Murphy | Pelowski | Tingelstad |
Chaudhary | Folliard | Koskinen | Ness | Rest | Van Dellen |
Commers | Garcia | Larsen | Olson, E. | Rhodes | Vickerman |
Dawkins | Greenfield | Leppik | Opatz | Schumacher | Wagenius |
Delmont | Greiling | Lieder | Orfield | Sekhon | Wejcman |
Dempsey | Haas | Long | Osthoff | Skare | Workman |
Dorn | Hasskamp | Mahon | Otremba | Skoglund | Spk. Carruthers |
Entenza | Hilty | Mares | Ozment | Slawik | |
Erhardt | Jefferson | McGuire | Pawlenty | Stanek | |
Those who voted in the negative were:
Abrams | Finseth | Kielkucki | Mariani | Peterson | Swenson, H. |
Anderson, B. | Goodno | Knight | Marko | Pugh | Sykora |
Anderson, I. | Gunther | Knoblach | McCollum | Reuter | Tomassoni |
Bakk | Harder | Koppendrayer | McElroy | Rifenberg | Tompkins |
Bettermann | Holsten | Kraus | Milbert | Rostberg | Trimble |
Bishop | Huntley | Krinkie | Molnau | Rukavina | Tuma |
Boudreau | Jaros | Kubly | Mulder | Seagren | Tunheim |
Bradley | Jennings | Kuisle | Munger | Seifert | Wenzel |
Carlson | Johnson, A. | Leighton | Nornes | Smith | Westfall |
Daggett | Juhnke | Lindner | Olson, M. | Solberg | Westrom |
Davids | Kalis | Luther | Osskopp | Stang | Winter |
Dehler | Kelso | Macklin | Paulsen | Sviggum | Wolf |
The bill was not passed, as amended.
Abrams moved that the vote whereby H. F. No. 86, as amended, was not passed earlier today be now reconsidered. The motion prevailed.
Abrams moved that H. F. No. 86, as amended, be re-referred to the Committee on Judiciary. The motion prevailed and H. F. No. 86, as amended, was re-referred to the Committee on Judiciary.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Mulder moved that his name be stricken as an author on H. F. No. 259. The motion prevailed.
Delmont moved that the names of Huntley and Evans be stricken and the names of Goodno and Kielkucki be added as authors on H. F. No. 260. The motion prevailed.
Milbert moved that his name be stricken and the name of Wenzel be added as an author on H. F. No. 297. The motion prevailed.
Westrom moved that the name of Mares be added as an author on H. F. No. 398. The motion prevailed.
Juhnke moved that the name of Broecker be added as an author on H. F. No. 457. The motion prevailed.
Juhnke moved that the name of Broecker be added as an author on H. F. No. 458. The motion prevailed.
McCollum moved that the name of Pugh be added as an author on H. F. No. 499. The motion prevailed.
Skare moved that the name of Rifenberg be stricken and the name of Leighton be added as an author on H. F. No. 570. The motion prevailed.
Greenfield moved that the name of Winter be added as an author on H. F. No. 675. The motion prevailed.
Mulder moved that the name of Westrom be added as an author on H. F. No. 730. The motion prevailed.
Rifenberg moved that the name of Seifert be added as an author on H. F. No. 732. The motion prevailed.
Wagenius moved that the name of Bettermann be added as an author on H. F. No. 819. The motion prevailed.
Mulder moved that the name of Seagren be added as an author on H. F. No. 825. The motion prevailed.
McGuire moved that the name of Mares be added as an author on H. F. No. 852. The motion prevailed.
Hausman moved that the name of Pelowski be added as an author on H. F. No. 880. The motion prevailed.
Juhnke moved that the name of Westfall be added as an author on H. F. No. 922. The motion prevailed.
Abrams moved that the name of Leppik be added as an author on H. F. No. 924. The motion prevailed.
Entenza moved that the names of Swenson, D., and Leighton be added as authors on H. F. No. 925. The motion prevailed.
Entenza moved that H. F. No. 432 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.
Entenza moved that H. F. No. 735 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.
McGuire moved that H. F. No. 864 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.
Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 3, 1997. The motion prevailed.