Journal of the House - 18th Day - Top of Page 377

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

EIGHTEENTH DAY

Saint Paul, Minnesota, Monday, March 3, 1997

 

The House of Representatives convened at 2:30 p.m. and was called to order by Speaker Pro Tempore Joe Opatz.

Prayer was offered by Major Cecilia Senn, The Salvation Army, St. Paul, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abrams Evans Kahn Mares Paulsen Sviggum
Anderson, I. Farrell Kalis Mariani Pawlenty Swenson, D.
Bakk Finseth Kelso Marko Paymar Swenson, H.
Bettermann Folliard Kielkucki McCollum Pelowski Sykora
Biernat Garcia Kinkel McElroy Peterson Tingelstad
Bishop Goodno Knight McGuire Pugh Tomassoni
Boudreau Greenfield Knoblach Milbert Rest Tompkins
Bradley Greiling Koppendrayer Molnau Reuter Trimble
Broecker Gunther Koskinen Mulder Rhodes Tuma
Carlson Haas Kraus Mullery Rifenberg Tunheim
Chaudhary Harder Krinkie Munger Rostberg Van Dellen
Clark Hasskamp Kubly Murphy Schumacher Vickerman
Commers Hausman Kuisle Ness Seagren Wagenius
Daggett Hilty Larsen Nornes Seifert Weaver
Davids Holsten Leighton Olson, E. Sekhon Wejcman
Dawkins Huntley Leppik Olson, M. Skare Wenzel
Dehler Jaros Lieder Opatz Skoglund Westfall
Delmont Jefferson Lindner Orfield Slawik Westrom
Dempsey Jennings Long Osskopp Smith Winter
Dorn Johnson, A. Luther Osthoff Solberg Wolf
Entenza Johnson, R. Macklin Otremba Stanek Workman
Erhardt Juhnke Mahon Ozment Stang Spk. Carruthers

A quorum was present.

Anderson, B., and Rukavina were excused.

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


Journal of the House - 18th Day - Top of Page 378

REPORTS OF CHIEF CLERK

S. F. No. 274 and H. F. No. 374, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Knoblach moved that the rules be so far suspended that S. F. No. 274 be substituted for H. F. No. 374 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 156, A bill for an act relating to state government; secretary of state; regulating filing fees and procedures; amending Minnesota Statutes 1996, sections 5.12; 5.23; 5.25, subdivision 1; 5A.03; 5A.04; 302A.821, subdivision 5; 303.14, subdivision 1; 308A.005, by adding a subdivision; 317A.821, subdivision 3; 317A.827, subdivision 1; 322A.03; 331A.02, subdivision 1; 336.9-403; 336.9-404; 336A.04, subdivision 4; and 514.08, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 5; repealing Minnesota Rules, part 3650.0030, subpart 8.

Reported the same back with the following amendments:

Page 6, line 24, strike everything after "(b)"

Page 6, line 25, strike everything before the stricken "The"

Page 6, line 33, strike "(c)"

With the recommendation that when so amended the bill pass.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 266, A bill for an act relating to water; including ex officio agency members as voting members of the board of water and soil resources; amending Minnesota Statutes 1996, section 103B.101, subdivisions 1, 2, and 5; repealing Minnesota Statutes 1996, section 103B.101, subdivisions 3 and 8.

Reported the same back with the following amendments:

Page 2, line 24, delete "1" and insert "2"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 272, A bill for an act relating to human services; adding provisions for licensing programs; imposing and modifying civil penalties; amending Minnesota Statutes 1996, sections 14.386; 14.387; 245A.02, subdivisions 16 and 17; 245A.04, subdivisions 3, 3a, 3b, 3c, 4, 5, 6, and 7; 245A.06, subdivisions 1, 3, 4, 5, 5a, 6, and 7; 245A.07, subdivisions 1


Journal of the House - 18th Day - Top of Page 379

and 3; 245A.08, subdivisions 1 and 2; 245A.09, subdivision 7; 245A.11, subdivision 2; 245A.16, subdivision 2; and 364.09; proposing coding for new law as Minnesota Statutes, chapters 245B; and 245C; repealing Minnesota Statutes 1996, sections 245A.20; 245A.21; and 252.53; Minnesota Rules, parts 9503.0170, subpart 7; 9525.0215; 9525.0225; 9525.0235; 9525.0243; 9525.0245; 9525.0255; 9525.0265; 9525.0275; 9525.0285; 9525.0295; 9525.0305; 9525.0315; 9525.0325; 9525.0335; 9525.0345; 9525.0355; 9525.0500; 9525.0510; 9525.0520; 9525.0530; 9525.0540; 9525.0550; 9525.0560; 9525.0570; 9525.0580; 9525.0590; 9525.0600; 9525.0610; 9525.0620; 9525.0630; 9525.0640; 9525.0650; 9525.0660; 9525.1240, subpart 1, item E, subitem (6); 9525.1500; 9525.1510; 9525.1520; 9525.1530; 9525.1540; 9525.1550; 9525.1560; 9525.1570, subparts 2, 3, 4, 5, and 6; 9525.1580; 9525.1590; 9525.1610; 9525.1620; 9525.1630; 9525.1640; 9525.1650; 9525.1660; 9525.1670; 9525.1680; 9525.1690; 9525.2000; 9525.2010; 9525.2020; 9525.2025; 9525.2030; 9525.2040; 9525.2050; 9525.2060; 9525.2070; 9525.2080; 9525.2090; 9525.2100; 9525.2110; 9525.2120; 9525.2130; 9525.2140; 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500.

Reported the same back with the following amendments:

Pages 1 to 4, delete section 1

Page 6, line 29, delete "or"

Page 6, line 34, delete the period and insert "; or

(27) procedures used by the commissioner of human services for developing requests for proposals and contract requirements and negotiating the terms, conditions, and requirements of contracts specified in section 256B.434, subdivision 12, and the transition plan and contract amendments specified in section 256B.434, subdivision 13, paragraph (b).

Sec. 2. Minnesota Statutes 1996, section 144.057, subdivision 1, is amended to read:

Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The commissioner of health shall contract with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under section 245A.04, subdivision 3, with patients and residents in hospitals, boarding care homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and home care agencies licensed under chapter 144A; residential care homes licensed under chapter 144B, and board and lodging establishments that are registered to provide supportive or health supervision services under section 157.17.; and

(2) all other employees in nursing homes and home care agencies licensed under chapter 144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of an individual in this section shall disqualify the individual from positions allowing direct contact or access to patients or residents receiving services.

If a facility or program is licensed by the department of human services and subject to the background study provisions of chapter 245A and is also licensed by the department of health, the department of human services is solely responsible for the background studies of individuals in the jointly licensed programs.

Sec. 3. Minnesota Statutes 1996, section 245A.02, subdivision 15, is amended to read:

Subd. 15. [RESPITE CARE SERVICES.] "Respite care services" means temporary services provided to a person due to the absence or need for relief of the primary caregiver, the person's family member or legal representative who is the primary caregiver and principally responsible for the care and supervision of the person. Respite care services are those that provide the level of supervision and care that is necessary to ensure the health and safety of the person. Respite care services do not include services that are specifically directed toward the training and habilitation of the person."

Page 7, line 2, after the second "licensed" insert "as a child care center "


Journal of the House - 18th Day - Top of Page 380

Page 7, line 11, after "licensed" insert "as a child care center"

Page 7, after line 15, insert:

"Sec. 6. Minnesota Statutes 1996, section 245A.03, subdivision 2, is amended to read:

Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 245A.16 do not apply to:

(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;

(3) residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, mental retardation or a related condition, a functional impairment, or a physical handicap;

(4) sheltered workshops or work activity programs that are certified by the commissioner of economic security;

(5) programs for children enrolled in kindergarten to the 12th grade and prekindergarten special education in a school as defined in section 120.101, subdivision 4, and programs serving children in combined special education and regular prekindergarten programs that are operated or assisted by the commissioner of children, families, and learning;

(6) nonresidential programs primarily for children that provide care or supervision, without charge for ten or fewer days a year, and for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that provide services for five or more persons whose primary diagnosis is mental illness who have refused an appropriate residential program offered by a county agency. This exclusion expires on July 1, 1990;

(9) homes providing programs for persons placed there by a licensed agency for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that operate for fewer than 40 calendar days in a calendar year or programs operated by a park and recreation board of a city of the first class whose primary purpose is to provide social and recreational activities to school age children, provided the program is approved by the park and recreation board;

(12) programs operated by a school as defined in section 120.101, subdivision 4, whose primary purpose is to provide child care to school-age children, provided the program is approved by the district's school board;

(13) head start nonresidential programs which operate for less than 31 days in each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or mental retardation;

(15) nonresidential programs for nonhandicapped children provided for a cumulative total of less than 30 days in any 12-month period;


Journal of the House - 18th Day - Top of Page 381

(16) residential programs for persons with mental illness, that are located in hospitals, until the commissioner adopts appropriate rules;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;

(19) mental health outpatient services for adults with mental illness or children with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons with mental retardation or related conditions from a single related family for no more than 90 days in a 12-month period and the respite care services are for the temporary relief of the person's family or legal representative;

(22) respite care services provided as a home and community-based service to a person with mental retardation or a related condition, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17; or

(24) the placement of a child by a birth parent or legal guardian in a preadoptive home for purposes of adoption as authorized by section 259.47.

For purposes of clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof."

Page 7, after line 28, insert:

"Beginning August 1, 1997, and notwithstanding Minnesota Rules, part 9543.0040, subparts 2, item A, and 3, the commissioner shall conduct all background studies required under this chapter for adult foster care providers who are licensed by the commissioner of human services and registered under chapter 144D. The commissioner shall conduct these background studies according to Minnesota Rules, parts 9543.3000 to 9543.3090."

Page 9, line 17, before the comma, insert "or if the individual has been continuously affiliated with a foster care provider licensed by the commissioner of human services and registered under chapter 144D"

Page 11, line 4, after "written" insert "or electronic"

Page 11, line 10, before the comma, insert "or a foster care provider that is also registered under chapter 144D"

Page 12, line 6, before the period, insert "unless the program is also registered under chapter 144D"

Page 12, line 15, after the period, insert "By January 1, 1998, for background studies conducted by the department of human services, the commissioner shall implement a system for:

(1) electronic transmission of background study information to the commissioner; and

(2) background study results to the applicant or license holder."

Page 13, line 27, before "deny" insert "disqualify a subject,"


Journal of the House - 18th Day - Top of Page 382

Page 13, line 28, strike "an" and insert "a license" and after "application" insert a comma

Page 18, line 21, after "serious" insert "; or substantiated serious or recurring maltreatment of a minor under section 626.556 or of a vulnerable adult under section 626.557 for which there is a preponderance of evidence that the maltreatment occurred, and that the subject was responsible for the maltreatment. For the purposes of this section, serious maltreatment means sexual abuse; maltreatment resulting in death; or maltreatment resulting in serious injury which reasonably requires the care of a physician whether or not the care of a physician was sought, including: bruises, bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries; head injuries with loss of consciousness; extensive second-degree or third-degree burns and other burns for which complications are present; irreversible mobility or separation of teeth; injuries to the eyeball; ingestion of foreign substances and objects that are harmful; near drowning; and heat exhaustion or sunstroke. For purposes of this section, recurring maltreatment means more than one incident of maltreatment for which there is a preponderance of evidence that the maltreatment occurred, and that the subject was responsible for the maltreatment."

Page 18, delete line 22

Page 18, line 28, before the second comma, insert "or by electronic transmission"

Page 19, line 9, after "unless" insert "the only basis for the disqualification is failure to cooperate,"

Page 19, line 10, after "information" insert a comma

Page 25, lines 11 and 21, after "writing" insert "or by electronic transmission"

Page 26, line 35, strike "sections"

Page 26, line 36, strike "245A.01 to" and delete "245A.16" and insert "this chapter"

Page 30, line 33, delete "and"

Page 30, line 35, delete the period and insert "; and

(4) any other information relevant to the fine or the amount of the fine."

Page 33, line 24, after the stricken "PROBATION" insert "DENIAL,"

Page 37, after line 13, insert:

"Sec. 29. [245A.22] [INDEPENDENT LIVING ASSISTANCE FOR YOUTH.]

Subdivision 1. [INDEPENDENT LIVING ASSISTANCE FOR YOUTH.] "Independent living assistance for youth" means a nonresidential program that provides a system of services that includes training, counseling, instruction, supervision, and assistance provided to youth according to the youth's independent living plan, when the placements in the program are made by the county agency. Services may include assistance in locating housing, budgeting, meal preparation, shopping, personal appearance, counseling, and related social support services needed to meet the youth's needs and improve the youth's ability to conduct such tasks independently. Such services shall not extend to youths needing 24-hour per day supervision and services. Youths needing a 24-hour per day program of supervision and services shall not be accepted or retained in an independent living assistance program.

Subd. 2. [ADMISSION.] The license holder shall accept as clients in the independent living assistance program only individuals specified under section 256E.115.

Subd. 3. [INDEPENDENT LIVING PLAN.] Unless an independent living plan has been developed by the local agency, the license holder shall develop a plan based on the client's individual needs that specifies objectives for the client. The services provided shall include those specified in this section and the services specified under section 256E.115, subdivision 2, paragraph (a). The plan shall identify the persons responsible for implementation of each part of the plan. The plan shall be reviewed as necessary, but at least annually.


Journal of the House - 18th Day - Top of Page 383

Subd. 4. [RECORDS.] The license holder shall maintain a record for each client.

(a) [REQUIRED RECORDS.] For each client the record maintained by the license holder shall document the following:

(1) admission information;

(2) the independent living plan;

(3) delivery of the services required of the license holder in the independent living plan;

(4) the client's progress toward obtaining the objectives identified in the independent living plan; and

(5) a termination summary after service is terminated.

(b) [MONEY RECORDS.] If the license holder manages the client's money, the record maintained by the license holder shall also include the following:

(1) written permission from the client or the client's legal guardian to manage the client's money;

(2) the reasons the license holder is to manage the client's money; and

(3) a complete record of the use of the client's money and reconciliation of the account.

Subd. 5. [SERVICE TERMINATION PLAN.] The license holder, in conjunction with the county agency, shall establish a service termination plan that specifies how independent living assistance services will be terminated and the actions to be performed by the involved agencies, including necessary referrals for other ongoing services.

Subd. 6. [PLACE OF RESIDENCE PROVIDED BY PROGRAM.] When a client's place of residence is provided by the license holder as part of the independent living assistance program, the place of residence is not subject to separate licensure.

Subd. 7. [GENERAL LICENSING REQUIREMENTS APPLY.] In addition to the requirements of this section, providers of independent living assistance are subject to general licensing requirements of this chapter."

Page 37, line 35, before the period, insert "or successor provisions"

Page 38, line 11, delete "252.47" and insert "252.46"

Page 38, line 29, before the period, insert "or successor provisions"

Page 39, line 8, delete everything after the quotation mark and insert "means an environment where services:

(1) are delivered with minimum limitation, intrusion, disruption, or departure from typical patterns of living available to consumers without disabilities;

(2) do not subject the consumer or others to unnecessary risks to health or safety; and

(3) maximize the consumer's level of independence, productivity, and inclusion in the community."

Page 39, delete line 9

Page 39, line 20, delete everything after "retardation" and insert "" means a person who has been diagnosed under section 256B.092 as having substantial limitations in present functioning, manifested as significantly subaverage intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior, and who manifests these conditions before the person's 22nd birthday. A person with a "related condition" means a person who meets the diagnostic definition under section 252.27, subdivision 1a."


Journal of the House - 18th Day - Top of Page 384

Page 39, delete lines 21 to 24

Page 40, line 15, delete "252.47" and insert "252.46"

Page 40, line 19, delete "and" and after "activities" insert ", or training"

Page 40, line 30, delete "of" and insert "providing"

Page 41, line 31, delete "sections 245A.01 to" and insert "chapter 245A."

Page 41, delete lines 32 and 33

Page 42, line 4, before the period, insert "or successor provisions"

Page 43, line 1, after "receive" insert "licensed" and delete "license holders" and insert "individuals"

Page 43, line 26, after "give" insert "or withhold"

Page 44, line 11, after "staff" insert "supervision or"

Page 45, line 26, after the first comma, insert "and, if needed under section 245B.07, subdivision 6, paragraph (d), cardiopulmonary resuscitation"

Page 46, line 5, before the period, insert "and the ombudsman, as required under sections 245.91 to 245.99"

Page 46, line 14, delete everything after "and" and insert " consistent with:

(1) the recognition of each consumer's history, dignity, and cultural background;

(2) the affirmation and protection of each consumer's civil and legal rights;

(3) the provision of services and supports for each consumer which:

(i) promote community inclusion and self-sufficiency;

(ii) provide services in the least restrictive environment;

(iii) promote social relationships, natural supports, and participation in community life;

(iv) allow for a balance between safety and opportunities; and

(v) provide opportunities for the development and exercise of age-appropriate skills, decision making and choice, personal advocacy, and communication; and

(4) the provision of services and supports for families which address the needs of the consumer in the context of the family and support family self-sufficiency."

Page 46, line 15, delete everything before "The" and insert "(c)"

Page 46, line 23, delete everything after "and" and insert " any rules promulgated under that section."

Page 46, delete line 24

Page 47, line 29, delete "conditions" and insert "criteria"


Journal of the House - 18th Day - Top of Page 385

Page 48, line 8, delete "to" and insert a period

Page 48, delete lines 9 and 10

Page 48, line 20, delete everything after "requirements" and insert "as specified in sections 252.40 to 252.46 and rules promulgated under those sections."

Page 48, line 30, delete "the" and insert "a" and after "minimum" insert "of 195"

Page 48, line 31, delete everything after "days"

Page 48, line 32, delete everything before the period

Page 48, line 34, delete everything after the comma and insert "as referenced in section 245.825 and rules promulgated under that section"

Page 48, line 35, delete everything before the second comma

Page 49, line 10, delete "plan" and insert "information"

Page 49, line 33, delete "and" and insert a comma and before the semicolon, insert ", and anyone properly authorized by the consumer or the legal representative of the consumer"

Page 50, line 3, delete everything after "licensed" and insert "as an adult foster home. For purposes of this section, "adult foster home" means a licensed residence which may be operated for financial gain and which provides 24-hour foster care to no more than four functionally impaired adult residents."

Page 50, delete line 4

Page 51, line 32, delete everything after "626.557" and insert ", governing maltreatment reporting and service planning for children and vulnerable adults; and section 245.825"

Page 51, line 33, delete everything before the comma

Page 52, line 3, delete everything after the comma

Page 52, line 4, delete everything before "then"

Page 52, line 5, delete the semicolon and insert a period

Page 52, after line 5, insert:

"For purposes of this section, overriding health care needs means a health care condition that affects the service options available to the consumer because the condition requires:

(i) specialized or intensive medical or nursing supervision; and

(ii) nonmedical service providers to adapt their services to accommodate the health and safety needs of the consumer;"

Page 52, line 35, delete "beneficial" and insert "necessary"

Page 54, line 2, delete "voice" and insert "bring"

Page 54, line 3, delete "as" and insert a period


Journal of the House - 18th Day - Top of Page 386

Page 54, delete line 4 and insert "The license holder must provide a copy of the program's grievance procedure and time lines for addressing grievances. The program's grievance procedure must permit consumers served by the program and the authorized representatives to bring a grievance to the highest level of authority in the program;"

Page 54, line 10, delete "discontinuation" and insert "suspension"

Page 54, delete lines 14 to 32 and insert:

"(A) the license holder must notify the consumer or consumer's legal representative and the consumer's case manager in writing of the intended termination or temporary service suspension and the consumer's right to seek a temporary order staying the termination or suspension of service according to the procedures in section 256.045, subdivision 4a or 6e;

(B) notice of the proposed termination of services must be given at least 60 days before the proposed termination is to become effective, unless services are temporarily suspended according to the license holder's written temporary service suspension procedures, in which case notice must be given as soon as possible;

(C) the license holder must provide information requested by the consumer or consumer's legal representative or case manager when services are temporarily suspended or upon notice of termination;

(D) use of temporary service suspension procedures are restricted to situations in which the consumer's behavior causes immediate and serious damage to the health and safety of the individual or others;

(E) prior to giving notice of service termination or temporary service suspension, the license holder must document actions taken to minimize or eliminate the need for service termination or temporary service suspension; and

(F) during the period of temporary service suspension, the license holder will work with the appropriate county agency to develop reasonable alternatives to protect the individual and others; and"

Page 55, delete lines 16 to 19 and insert:

"Subd. 10. [CONSUMER FUNDS.] (a) The license holder must ensure that consumers retain the use and availability of personal funds or property unless restrictions are justified in the consumer's individual service plan.

(b) The license holder must ensure separation of resident funds from funds of the license holder, the residential program, or program staff.

(c) Whenever the license holder assists a consumer with the safekeeping of funds or other property, the license holder must:

(1) document receipt and disbursement of the consumer's funds or the property, and include the signature of the consumer, conservator, or payee;

(2) provide a statement at least quarterly itemizing receipts and disbursements of resident funds or other property; and

(3) return to the consumer upon the consumer's request, funds and property in the license holder's possession subject to restrictions in the consumer's individual service plan, as soon as possible, but no later than three working days after the date of the request.

(d) License holders and program staff must not:

(1) borrow money from a consumer;

(2) purchase personal items from a consumer;

(3) sell merchandise or personal services to a consumer;


Journal of the House - 18th Day - Top of Page 387

(4) require a resident to purchase items for which the license holder is eligible for reimbursement; or

(5) use resident funds in a manner that would violate section 256B.04, or any rules promulgated under that section."

Page 55, line 30, after the comma, insert "and for" and after "site" insert a period

Page 55, delete lines 31 and 32

Page 55, line 35, delete "using the process and criteria from" and insert "except subdivision 8(1)(vii), if the conditions in"

Page 55, line 36, before the period, insert "are met"

Page 58, line 10, delete "applicable" and insert "duplicative"

Page 62, after line 14, insert:

"Sec. 39. Minnesota Statutes 1996, section 256E.115, is amended to read:

256E.115 [SAFE HOUSES AND, TRANSITIONAL HOUSING, AND INDEPENDENT LIVING ASSISTANCE SERVICES FOR HOMELESS YOUTH.]

Subdivision 1. [DEFINITIONS; COMMISSIONER DUTIES.] (a) [DEFINITIONS.] The following definitions apply to this section:

(1) "Targeted youth" means children who are ages 16 to 21 and are in out-of-home placement, leaving out-of-home placement, at risk of becoming homeless, or homeless.

(2) "Safe house" means a facility providing emergency housing for homeless targeted youth with the goal of reuniting the family if appropriate and possible.

(3) "Transitional housing" means congregate or cooperative housing for targeted youth who are transitioning to independent living.

(4) "Independent living assistance" means services provided to assist targeted youth who are not living in a safe house or transitional housing to make the transition to independent living.

(b) [COMMISSIONER DUTIES.] The commissioner shall issue a request for proposals from organizations that are knowledgeable about the needs of homeless targeted youth for the purpose of providing establishing a system of safe houses and, transitional housing, and independent living assistance for homeless such youth. The commissioner shall appoint a review committee of up to eight members to evaluate the proposals. The review panel must include representation from communities of color, youth, and other community providers and agency representatives who understand the needs and problems of homeless targeted youth. The commissioner shall also assist in coordinating funding from federal and state grant programs and funding available from a variety of sources for efforts to promote a continuum of services for targeted youth through a consolidated grant application. The commissioner shall analyze the needs of homeless targeted youth and gaps in services throughout the state and determine how to best serve those needs within the available funding.

Subd. 2. [SAFE HOUSES AND TRANSITIONAL HOUSING PROGRAM SERVICE REQUIREMENTS; PARTICIPATION REQUIREMENTS; LICENSURE OF INDEPENDENT LIVING ASSISTANCE PROVIDERS.] A safe house provides emergency housing for homeless youth ranging in age from 13 to 22 with the goal of reuniting the family, if appropriate, whenever possible. Transitional housing provides housing for homeless youth ages 16 to 22 who are transitioning into independent living. In developing both types of housing, the commissioner and the review committee shall try to create a family atmosphere in a neighborhood or community and, if possible, provide separate but cooperative homes


Journal of the House - 18th Day - Top of Page 388

for males and females. It may be necessary, due to licensing restrictions, to provide separate housing for different age groups. (a) [REQUIRED SERVICES.] The following services, or adequate access to referrals for the following services, must be made available to the homeless targeted youth participating in the programs described in subdivision 1:

(1) counseling services for the youth, and their families, if appropriate, on site, to help with problems that resulted in contributed to the homelessness or could impede making the transition to independent living;

(2) job services to help youth find employment in addition to creating jobs on site, including food service, maintenance, child care, and tutoring;

(3) health services that are confidential and provide preventive care services, crisis referrals, and other necessary health care services;

(4) living skills training to help youth learn how to care for themselves; and

(5) education services that help youth enroll in academic programs, if they are currently not in a program.

Enrollment in an academic program is required for residency in transitional housing.

(b) [ADDITIONAL PARTICIPATION REQUIREMENTS.] (1) Targeted youth who have current drug or alcohol problems, a recent history of violent behaviors, or a mental health disorder or issue that is not being resolved through counseling or treatment are not eligible to receive the services described in subdivision 1.

(2) Targeted youth who are not employed, participating in employment training, or enrolled in an academic program are not eligible to receive transitional housing or independent living assistance.

(c) [LICENSURE.] Providers of independent living assistance services must be licensed under section 245A.22."

Page 62, lines 24 and 25, delete the new language and insert "licensing and background study process under chapter 245A"

Page 63, after line 5, insert:

"Sec. 41. [CHILD CARE CENTERS; RULE AMENDMENTS.]

(a) The commissioner shall amend Minnesota Rules, part 9503.0035, subpart 4, with regard to in-service training of child care center staff as follows:

In-service training must be completed within the license period for which it is required. In-service completed by staff persons as required under this subpart shall be transferable upon a staff person's change in employment to another child care program. License holders shall record all staff in-service training on forms prescribed by the commissioner.

(b) The commissioner shall amend Minnesota Rules, part 9503.0005, subpart 25, so that "supervision" has the following meaning:

(1) Except as provided in clause (2), supervision occurs when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child.

(2) When an infant is placed in a crib room to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision component.

(c) The commissioner shall amend the definition of "experience" in Minnesota Rules, chapter 9503, to include paid or unpaid employment serving children as teacher, assistant teacher, aide, or student intern in a licensed child care center; in a public or nonpublic school; or in a program licensed as a family day care or group family day care provider.


Journal of the House - 18th Day - Top of Page 389

Sec. 42. [COMMISSIONER OF HEALTH; BACKGROUND STUDIES REPORT.]

By January 15, 1998, the commissioner of health shall report to the chairs of the health and human services fiscal committees of the house and the senate on the costs of background studies required by Minnesota Statutes, section 245A.04, subdivision 3, with recommendations for providing funding to cover the costs of these studies.

Sec. 43. [REPORT ON RULE CONSOLIDATION.]

The commissioner of human services shall report no later than March 15, 1998, to the chairs of the senate committee on health and family security, the house committee on health and human services, the senate health and family security budget division, and the house health and human services finance division on the implementation of rule consolidation authorized by Minnesota Statutes, section 245B.01. In addition, the report shall include recommendations as needed to improve the consolidated rule's effectiveness in providing safeguards for clients while streamlining the regulatory process. The commissioner shall appoint an advisory task force to assist in developing the report. The task force membership shall include, but not be limited to, representatives from provider, advocacy, and other interested groups. Department of human services staff shall not be members of the task force but shall provide technical assistance as needed."

Page 63, line 19, delete "9525.1580;"

Page 63, line 27, delete "22 and 32" and insert "29 and 38 to 43"

Page 63, line 29, delete "27" and insert "30" and delete "34" and insert "37" and delete "and 37" and insert "and 44"

Renumber the sections in sequence

Amend the title as follows:

Page 1, delete line 5 and insert "14.387; 144.057, subdivision 1; 245A.02, subdivisions 15, 16, and 17; 245A.03, subdivision 2;"

Page 1, line 10, after "2;" insert "256E.115;" and before "proposing" insert "proposing coding for new law in Minnesota Statutes, chapter 245A;"

Page 1, line 24, delete "9525.1580;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 379, A bill for an act relating to commerce; regulating securities; authorizing small corporate offering registrations; proposing coding for new law in Minnesota Statutes, chapter 80A.

Reported the same back with the following amendments:

Page 1, line 12, delete "National Association of"

Page 1, line 13, delete "Securities Administrators" and insert "North American Securities Administrators Association"

Page 1, line 20, after the period, insert "Registration under"


Journal of the House - 18th Day - Top of Page 390

Page 2, line 3, delete "and"

Page 2, after line 3, insert:

"(5) a development stage company that either has no specific business plan or purpose or has indicated that its business plan is to engage in a merger or acquisition with an unidentified company or companies or other entity or person; and"

Page 2, line 4, delete "(5)" and insert "(6)"

Page 2, line 7, delete "NONAVAILABILITY" and insert "DISQUALIFICATION" and delete "Small corporate offering"

Page 2, delete line 8

Page 2, line 9, delete "that" and insert "(a) An issuer is disqualified from registration under this section if the"

Page 2, line 25, delete "of" and insert "or"

Page 2, line 27, after "application" insert a comma

Page 2, line 30, delete "and" and insert "or"

Page 2, delete lines 34 to 36

Page 3, delete line 1

Page 3, line 2, delete "(5)" and insert "(4)"

Page 3, line 3, delete "or preliminary"

Page 3, line 11, delete everything after "application" and insert "; or

(5) is subject to a state's administrative enforcement order, or judgment that prohibits, denies, or revokes the use of an exemption for registration in connection with this offer, purchase, or sale of securities."

Page 3, delete line 12, and insert:

"Clauses (1) to (4) do not apply"

Page 3, line 19, after the period, insert:

"(b)"

Page 3, line 20, delete "section" and insert "subdivision"

Page 3, line 21, delete "caused by" and insert "under"

Page 3, line 23, delete "or their state"

Page 3, line 25, delete "that the"

Page 3, line 26, delete everything before the period and insert "to deny the registration"

Page 4, line 3, before the period, insert "of the Securities Act of 1933"

Page 4, line 7, delete "administrator" and insert "commissioner"


Journal of the House - 18th Day - Top of Page 391

Page 4, line 13, after the period, insert "The registration must include financial statements prepared in accordance with generally accepted accounting principles. An issuer that has not conducted significant operations shall provide statements of receipts and disbursements in lieu of statements of income. Interim financial statements may be unaudited. All other financial statements shall be audited by independent certified public accountants. Financial statements may be unaudited if reviewed by independent certified public accountants in accordance with the accounting and review service standards promulgated by the American Institute of Certified Public Accountants and:

(1) the issuer has not previously sold securities through an offering involving the general solicitation of prospective investors by means of advertising, mass mailings, public meetings, cold call telephone solicitation, or any other method directed toward the public;

(2) the issuer has not been previously required under federal or state securities laws to provide audited financial statements in connection with any sale of its securities; and

(3) the aggregate amount of all previous sales of securities by the issuer, exclusive of debt financing with banks and similar commercial lenders does not exceed $1,000,000."

Page 4, line 18, before the semicolon, insert "or in North Dakota, South Dakota, Iowa, or Wisconsin"

Page 4, line 20, after "state" insert "or in North Dakota, South Dakota, Iowa, or Wisconsin" and after the semicolon, insert "or"

Page 4, line 23, delete "; or" and insert "or in North Dakota, South Dakota, Iowa, or Wisconsin."

Page 4, delete lines 24 to 27

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. 419, A bill for an act relating to watershed districts; authorizing an ad valorem tax levy to pay the costs of projects and to secure bonds and notes issued by watershed districts in connection with state loan programs; amending Minnesota Statutes 1996, section 103D.905, subdivisions 4, 5, and by adding a subdivision.

Reported the same back with the following amendments:

Page 2, delete lines 28 to 36 and insert:

"(1) to pay the costs of projects undertaken by the watershed district which are to be funded, in whole or in part, with the proceeds of grants or construction or implementation loans from an agency of the state of Minnesota under the authority of sections 103F.701 to 103F.761;

(2) to pay the principal of, or premium or administrative surcharge, if any, and interest on, the bonds and notes issued by the watershed district pursuant to section 103F.725; or

(3) to repay the construction or implementation loans under sections 103F.701 to 103F.761."


Journal of the House - 18th Day - Top of Page 392

Page 3, after line 2, insert:

"Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 430, A bill for an act relating to tourism; modifying requirements relating to expenditure of tourism money; amending Minnesota Statutes 1996, section 116J.615, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 9, delete "except that money"

Page 2, delete line 10

Page 2, line 11, delete everything before the period and after the period, insert "The director may enter into interagency agreements and may agree to share net revenues with the contributing agencies."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 458, A bill for an act relating to transportation; preserving exempt rules of department of transportation; clarifying that specific service signs may be placed at certain intersections of trunk highways; defining residential roadway; defining daytime and nighttime; correcting obsolete reference; repealing deadline requirement for noise barriers on trunk highway No. 280 project; amending Minnesota Statutes 1996, sections 14.387; 160.292, subdivision 5; 169.01, subdivision 81, and by adding subdivisions; 169.14, subdivision 5d; and 174.51, subdivision 2; repealing Laws 1994, chapter 635, article 1, section 35.

Reported the same back with the following amendments:

Page 5, delete section 8 and insert:

"Sec. 8. Laws 1994, chapter 635, article 1, section 35, is amended to read:

Sec. 35. [TRUNK HIGHWAY NO. 280; NOISE BARRIERS.]

Subdivision 1. [DEFINITION.] For purposes of this section "trunk highway No. 280 project" means a department of transportation highway improvement project on marked trunk highway No. 280 that would improve, expand, or reconstruct the highway.


Journal of the House - 18th Day - Top of Page 393

Subd. 2. [REQUIREMENT TRUNK HIGHWAY NO. 280 NOISE PROBLEMS; RESOLUTION OF PROBLEMS AND ISSUES.] If the commissioner of transportation takes any action between the effective date of this section and June 30, 1996, that would have the effect of delaying the start of the trunk highway No. 280 project beyond June 30, 1997, the commissioner shall, within 12 months after taking that action, erect noise barriers on the highway between marked interstate highways Nos. I-94 and I-35W as provided in the noise barrier component of the project. The department of transportation shall work with the community groups that represent residents who live along marked trunk highway No. 280 to solve, within a reasonable time, both the continuing and any additional noise problems and noise mitigation issues related to or arising from the highway.

Subd. 3. [REQUIRED ACTIONS.] The department of transportation shall build a noise barrier, if the Lauderdale city council so requests by resolution, or take other appropriate steps in consultation with community groups that represent residents who live along marked trunk highway No. 280, as part of a trunk highway No. 280 project."

Amend the title as follows:

Page 1, line 7, delete "repealing" and insert "changing"

Page 1, line 12, delete "repealing"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 566, A bill for an act relating to the board of government innovation and cooperation; extending an exemption from enforcement of law granted by the board during calendar year 1996; amending Minnesota Statutes 1996, section 465.797, subdivision 5a.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 609, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1996, sections 168.101, subdivision 2; and 168.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1996, section 168A.10, subdivision 6.

Reported the same back with the following amendments:

Page 3, line 6, after "unless" insert "(1)"

Page 3, line 7, before the period, insert ", or (2) the transferee is a dealer licensed under section 168.27 and is complying with section 168A.11"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 18th Day - Top of Page 394

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

S. F. No. 315, A bill for an act relating to business organizations; making technical changes applicable to business corporations and limited liability companies; permitting mergers of domestic corporations and limited liability companies; regulating filings with the secretary of state; amending Minnesota Statutes 1996, sections 302A.011, subdivisions 11, 30, 38, 39, 50, 53, and by adding subdivisions; 302A.111, subdivision 4; 302A.115, subdivision 1; 302A.171, subdivision 2; 302A.223, subdivision 5; 302A.401, subdivision 3; 302A.402, subdivision 3; 302A.405, subdivision 1; 302A.409, subdivision 4; 302A.413, by adding a subdivision; 302A.417, subdivision 7; 302A.423, subdivision 2; 302A.429, subdivision 2; 302A.437, subdivision 2; 302A.445, subdivision 1; 302A.449, subdivision 1; 302A.457, subdivision 2; 302A.461, subdivision 1; 302A.471, subdivision 3; 302A.473, subdivision 3; 302A.521, subdivisions 4 and 9; 302A.601, subdivision 4; 302A.611; 302A.613, subdivisions 1 and 2; 302A.615; 302A.621, subdivision 6; 302A.631; 302A.641, subdivision 2; 302A.651; 302A.671, subdivision 3; 302A.673, subdivision 3; 302A.675; 308A.005, by adding subdivisions; 317A.011, subdivisions 8 and 19; 322A.01; 322B.03, subdivisions 18 and 45; 322B.115, subdivision 4; 322B.12, subdivision 1; 322B.33, by adding a subdivision; 322B.346, subdivision 2; 322B.356, subdivision 1; 322B.363, subdivision 1; 322B.383, by adding a subdivision; 322B.386, subdivision 3; 322B.699, subdivision 9; 322B.70, subdivisions 1 and 2; 322B.72, subdivisions 2 and 3; 322B.74, subdivisions 1 and 2; 323.02, by adding subdivisions; and 333.001, subdivision 5, and by adding subdivisions; repealing Minnesota Statutes 1996, section 302A.011, subdivision 33.

Reported the same back with the following amendments:

Page 1, after line 37, insert:

"TECHNICAL CHANGES; BUSINESS CORPORATIONS"

Page 8, line 8, delete everything before "take" and insert " Nothing in this subdivision limits the right of the board, by resolution, to"

Page 26, after line 8, insert:

"ARTICLE 2

TECHNICAL CHANGES; LIMITED LIABILITY COMPANIES

Section 1. Minnesota Statutes 1996, section 322B.11, is amended to read:

322B.11 [TWO MEMBER REQUIREMENT.]

A limited liability company shall have two one or more members at the time of its formation. A limited liability company shall be dissolved under section 322B.80, subdivision 1, clause (5), whenever the limited liability company ceases to have at least two members unless the remaining member admits a new member within 90 days of the termination of the continued membership of the former member.

Sec. 2. Minnesota Statutes 1996, section 322B.115, subdivision 1, is amended to read:

Subdivision 1. [REQUIRED PROVISIONS.] The articles of organization must contain:

(1) the name of the limited liability company;

(2) the address of the registered office of the limited liability company and the name of its registered agent, if any, at that address;

(3) the name and address of each organizer; and

(4) a statement of the limited period of existence for the limited liability company, which must be a period of 30 years or less from the date the articles of organization are filed with the secretary of state, unless the articles of organization expressly authorize a longer period of duration; if different from the 30-year period set forth in section 322B.20, subdivision 2.


Journal of the House - 18th Day - Top of Page 395

(5) a statement as to whether upon the occurrence of any event under section 322B.80, subdivision 1, clause (5), that terminates the continued membership of a member in the limited liability company, the remaining members will have the power to avoid dissolution by giving dissolution avoidance consent; and

(6) a statement as to whether the members have the power to enter into a business continuation agreement.

Sec. 3. Minnesota Statutes 1996, section 322B.20, subdivision 2, is amended to read:

Subd. 2. [DURATION.] A limited liability company has a limited duration of 30 years from the date the articles of organization are filed with the secretary of state, unless the articles of organization state a shorter or longer period of duration, which may be perpetual.

Sec. 4. Minnesota Statutes 1996, section 322B.313, subdivision 2, is amended to read:

Subd. 2. [WHEN UNANIMOUS CONSENT REQUIRED.] Subject to subdivision 6, a member may, without the consent of any other member, assign governance rights, in whole or in part, to another person already a member at the time of the assignment. Except as otherwise set forth in the articles of organization or a member control agreement, any other assignment of any governance rights is effective only if all the members, other than the member seeking to make the assignment, approve the assignment by unanimous written consent. Subject to subdivision 6, a member may grant a security interest in a complete membership interest or governance rights without obtaining the consent required by this subdivision. However, a secured party may not take or assign ownership of governance rights without first obtaining the consent required by this subdivision. If a secured party has a security interest in both a member's financial rights and governance rights, including a security interest in a complete membership interest, this subdivision's requirement that the secured party obtain consent applies only to taking or assigning ownership of the governance rights and does not apply to taking or assigning ownership of the financial rights.

Sec. 5. Minnesota Statutes 1996, section 322B.37, subdivision 1, is amended to read:

Subdivision 1. [AUTHORIZATION AND SCOPE.] A written agreement among persons who are then members, including a sole member, or who have signed contribution agreements, relating to the control of any phase of the business and affairs of the limited liability company, its liquidation, dissolution and termination, or the relations among members or persons who have signed contribution agreements is valid as provided in subdivision 2. Wherever this chapter provides that a particular result may or must be obtained through a provision in the articles of organization (other than a provision required by section 322B.115, subdivision 1, to be contained in the articles) or in the operating agreement, the same result can be accomplished through a member control agreement valid under this section or through a procedure established by a member control agreement valid under this section. A member control agreement may waive, in whole or in part, a member's dissenting rights under sections 322B.383 and 322B.386, but may not waive dissenters' rights under section 322B.873, subdivision 2, clause (1). A member control agreement may not include an agreement to give transfer consent. A member control agreement may include a business continuation agreement only if the articles of organization grant the members the power to enter into business continuation agreements.

Sec. 6. Minnesota Statutes 1996, section 322B.37, subdivision 3, is amended to read:

Subd. 3. [ENFORCEABILITY AND COPIES.] (a) An agreement valid under subdivisions 1 and 2 is enforceable by persons who are parties to it and is binding upon and enforceable against only those persons and other persons having knowledge of the existence of the agreement. A copy of the agreement must be filed with the limited liability company. The limited liability company shall note in its required records that the members' interests are governed by a member control agreement entered into under this section.

(b) A member control agreement valid under subdivisions 1 and 2 is specifically enforceable, except that an agreement to give dissolution avoidance consent is not specifically enforceable.

(c) A member control agreement may waive dissenters' rights, subject to section 322B.873, subdivision 3.

(d) A member or any assignee of financial rights has the right upon written demand to obtain a copy of any member control agreement from the limited liability company at the company's expense.


Journal of the House - 18th Day - Top of Page 396

Sec. 7. Minnesota Statutes 1996, section 322B.383, subdivision 1, is amended to read:

Subdivision 1. [ACTIONS CREATING DISSENTERS' RIGHTS.] Subject to a member control agreement under section 322B.37, a member of a limited liability company may dissent from, and obtain payment for the fair value of the member's membership interests in the event of, any of the following limited liability company actions:

(1) an amendment of the articles of organization that materially and adversely affects the rights or preferences of the membership interests of the dissenting member in that it:

(i) alters or abolishes a preferential right of the membership interests;

(ii) creates, alters, or abolishes a right in respect of the redemption of the membership interests, including a provision respecting a sinking fund for the redemption or repurchase of the membership interests;

(iii) alters or abolishes a preemptive right of the owner of the membership interests to make a contribution;

(iv) excludes or limits the right of a member to vote on a matter, or to cumulate votes, except as the right may be excluded or limited through the acceptance of contributions or the making of contribution agreements pertaining to membership interests with similar or different voting rights;

(v) changes a member's right to resign or retire;

(vi) establishes or changes the conditions for or consequences of expulsion;

(vii) changes the a statement that was required under section 322B.115, subdivision 1, clause (5) regarding the power of remaining members to avoid dissolution by giving dissolution avoidance consent, if the statement was required under the law when the articles of organization were executed;

(viii) changes the a statement that was required under section 322B.115, subdivision 1, clause (6) regarding the power of members to enter into a business continuation agreement, if the statement was required under the law when the articles of organization were executed; or

(2) a sale, lease, transfer, or other disposition of all or substantially all of the property and assets of the limited liability company, but not including a transaction permitted without member approval in section 322B.77, subdivision 1, or a disposition in dissolution described in section 322B.813, subdivision 4, or a disposition pursuant to an order of a court, or a disposition for cash on terms requiring that all or substantially all of the net proceeds of disposition be distributed to the members in accordance with their respective membership interests within one year after the date of disposition;

(3) a plan of merger to which the limited liability company is a party, except as provided in section 322B.873, subdivision 2, clause (1)(i) and subject to section 322B.873, subdivision 3;

(4) a plan of exchange to which the limited liability company is a party as the organization whose ownership interests will be acquired by the acquiring organization, if the membership interests being acquired are entitled to be voted on the plan;

(5) any other limited liability company action taken pursuant to a member vote with respect to which the articles of organization, the operating agreement, or a resolution approved by the board of governors directs that dissenting members may obtain payment for their membership interests; or

(6) a resolution of the board of governors under section 322B.873, subdivision 2, to implement a business continuation agreement.

Sec. 8. Minnesota Statutes 1996, section 322B.80, subdivision 1, is amended to read:

Subdivision 1. [DISSOLUTION EVENTS.] A limited liability company dissolves upon the occurrence of any of the following events:

(1) when the period fixed in the articles of organization for the duration of the limited liability company expires;


Journal of the House - 18th Day - Top of Page 397

(2) by order of a court pursuant to sections 322B.833 and 322B.843;

(3) by action of the organizers pursuant to section 322B.803;

(4) by action of the members pursuant to section 322B.806;

(5) except as otherwise provided in the articles of organization or a member control agreement, upon the occurrence of an event that terminates the continued membership of a member in the limited liability company, including:

(i) death of any member;

(ii) retirement of any member;

(iii) resignation of any member;

(iv) redemption of a member's complete membership interest;

(v) assignment of a member's governance rights under section 322B.313 which leaves the assignor with no governance rights;

(vi) a buy-out of a member's membership interest under section 322B.833 that leaves that member with no governance rights;

(vii) expulsion of any member;

(viii) bankruptcy of any member;

(ix) dissolution of any member;

(x) a merger in which the limited liability company is not the surviving organization;

(xi) an exchange in which the limited liability company is not the acquiring organization; or

(xii) the occurrence of any other event that terminates the continued membership of a member in the limited liability company,

but the limited liability company is not dissolved and is not required to be wound up by reason of any event that terminates the continued membership of a member if (A) either there are is at least two one remaining members or a new member is admitted as provided in section 322B.11, member and (B) the existence and business of the limited liability company is continued either by the consent of all the remaining members under a right to consent stated in the articles of organization and the consent is obtained no later than 90 days after the termination of the continued membership or under a separate right to continue stated in the articles of organization;, or (B) if the membership of the last or sole member terminates and the legal representative of that last or sole member causes the limited liability company to admit at least one member; or

(6) when terminated by the secretary of state according to section 322B.960."

Page 26, line 9, delete "2" and insert "3"

Page 37, line 32, delete "3" and insert "4"

Page 43, line 17, delete everything before "take" and insert "Nothing in this subdivision limits the right of the board, by resolution, to"

Amend the title as follows:

Page 1, line 25, after the second semicolon, insert "322B.11;"


Journal of the House - 18th Day - Top of Page 398

Page 1, line 26, delete the first "subdivision" and insert "subdivisions 1 and" and after the second semicolon, insert "322B.20, subdivision 2; 322B.313, subdivision 2;"

Page 1, line 28, after the second semicolon, insert "322B.37, subdivisions 1 and 3;"

Page 1, line 29, after the first comma, insert "subdivision 1, and"

Page 1, line 32, after the first semicolon, insert "322B.80, subdivision 1;"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 156, 266, 379, 430, 566 and 609 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 274 and 315 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Hasskamp, Milbert, Solberg, Vickerman and Harder introduced:

H. F. No. 1088, A bill for an act relating to elections; allowing towns to rotate names of candidates on town ballots; amending Minnesota Statutes 1996, section 205.17, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Garcia, Chaudhary, Evans and Johnson, A., introduced:

H. F. No. 1089, A bill for an act relating to property taxation; including certain homestead property value in the metropolitan areawide tax base; subjecting certain homestead property value to the areawide tax rate; amending Minnesota Statutes 1996, sections 473F.02, subdivision 8, and by adding subdivisions; 473F.05; 473F.07, subdivision 1; and 473F.08, subdivisions 2, 6, 8a, and by adding a subdivision.

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

Clark introduced:

H. F. No. 1090, A bill for an act relating to medical assistance; providing a nursing facility rate exception; amending Minnesota Statutes 1996, section 256B.431, subdivision 25.

The bill was read for the first time and referred to the Committee on Health and Human Services.


Journal of the House - 18th Day - Top of Page 399

Mullery, Kubly, Clark, Dempsey and Rhodes introduced:

H. F. No. 1091, A bill for an act relating to housing; appropriating money for home equity conversion counseling.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Mullery, Clark, Stanek, Trimble and Jaros introduced:

H. F. No. 1092, A bill for an act relating to summer youth employment; appropriating money for learn to earn programs.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Macklin, Greiling, Milbert, Pawlenty and Commers introduced:

H. F. No. 1093, A bill for an act relating to elections; authorizing the electors of a metropolitan town to move the town election from March to November; amending Minnesota Statutes 1996, section 205.075, subdivision 2.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Boudreau; Swenson, D.; Entenza; Skoglund and Bishop introduced:

H. F. No. 1094, A bill for an act relating to crime prevention; doubling the driver's license revocation periods applicable to persons who violate DWI laws while having a blood alcohol content of 0.20 or greater; authorizing the imposition of a penalty assessment against those persons of up to $1,000; amending Minnesota Statutes 1996, sections 169.121, subdivision 4, and by adding a subdivision; 169.123, subdivision 4; and 171.30, by adding a subdivision.

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

Abrams introduced:

H. F. No. 1095, A bill for an act relating to the University of Minnesota; providing for the selection of candidates for the board of regents; providing for associate regents; amending Minnesota Statutes 1996, section 137.0245, subdivisions 3, 4, and by adding a subdivision.

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

Westfall, Seifert, Jennings, Otremba and Westrom introduced:

H. F. No. 1096, A bill for an act relating to human services; prohibiting a drug felon from receiving cash assistance under TANF and general assistance; amending Minnesota Statutes 1996, section 256D.05, by adding a subdivision; 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.

Garcia, Skoglund, Wejcman, Stanek and Murphy introduced:

H. F. No. 1097, A bill for an act relating to crime prevention; requiring the use of surveillance cameras for crime prevention; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 299G.

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


Journal of the House - 18th Day - Top of Page 400

Swenson, D., introduced:

H. F. No. 1098, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands bordering public waters in Washington county to the city of Hugo.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Folliard introduced:

H. F. No. 1099, A bill for an act relating to retirement; public employees police and fire plan; authorizing a certain current retiree or the retiree's surviving spouse to elect a joint and survivor retirement annuity in lieu of a single life retirement annuity.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Tuma; Johnson, R.; Bettermann; Chaudhary and Folliard introduced:

H. F. No. 1100, A bill for an act relating to education; modifying powers and duties of the higher education services office; amending Minnesota Statutes 1996, sections 126.56, subdivisions 2, 4a, and 7; 136A.01, subdivision 2, and by adding a subdivision; 136A.03; 136A.121, subdivisions 5, 7, 9a, and by adding a subdivision; 136A.125, subdivision 4; 136A.136, subdivision 2; 136A.15, by adding a subdivision; 136A.16, subdivisions 1, 2, 8, and by adding subdivisions; 136A.171; 136A.173, subdivisions 1, 3, and 5; 136A.174; and 136A.175, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Swenson, D.; Mares; Broecker; Larsen and Holsten introduced:

H. F. No. 1101, A bill for an act relating to education; increasing the general education basic formula allowance; enhancing funding for pupil transportation; removing the referendum subtraction; including lease payments in the calculation of debt service equalization aid; lengthening the school year; lowering the age of compulsory instruction; reestablishing a separate capital fund; appropriating money; amending Minnesota Statutes 1996, sections 120.101, subdivision 5, and by adding a subdivision; 120.105; 121.904, subdivision 4a; 124.225, subdivisions 1, 3a, 7b, 7d, and 8a; 124.226, subdivisions 4 and 9; 124.2725, subdivision 16; 124.95, subdivision 1; 124.961; 124A.22, subdivisions 1, 2, as amended, 8, and 13b; 124A.225, subdivision 4; and 298.28, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 124A; repealing Minnesota Statutes 1996, sections 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1, 3, 3a, and 10; 124A.03, subdivisions 3b and 3c; and 124A.22, subdivisions 10, 11, 11a, 12, 13, and 13a.

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

Leighton, Leppik and Orfield introduced:

H. F. No. 1102, A bill for an act relating to the environment; revising the plan for the collection and recycling of used motor oil and filters; amending Minnesota Statutes 1996, section 325E.112, subdivision 2; Laws 1996, chapter 351, section 2.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Van Dellen and Paulsen introduced:

H. F. No. 1103, A bill for an act relating to taxation; property; changing classification rates; providing an education homestead credit; requiring certain information on property tax statement; providing a property tax refund for persons over 65; requiring referenda to increase levies in certain instances; providing for a state tax refund in certain instances;


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limiting the general education levy growth rate; appropriating money; amending Minnesota Statutes 1996, sections 16A.102, by adding a subdivision; 124A.23, subdivision 1; 273.13, subdivisions 22, 23, 24, 25, and 31; 275.065, subdivisions 1, 3, 5a, and 6; 275.07, by adding subdivisions; 276.04, subdivision 2; and 290A.04, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 273; and 275; repealing Minnesota Statutes 1996, sections 273.13, subdivision 32.

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

Leppik, Sykora, Greiling, Opatz and Bettermann introduced:

H. F. No. 1104, A bill for an act relating to education; establishing a citizen's regent candidate advisory council; removing the requirement for a student on the University of Minnesota board of regents; appropriating money; amending Minnesota Statutes 1996, section 137.0245; repealing Minnesota Statutes 1996, section 137.023.

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

Nornes introduced:

H. F. No. 1105, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 544, Fergus Falls.

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

Leighton, Orfield and Bakk introduced:

H. F. No. 1106, A bill for an act relating to labor relations; requiring employers to recognize a representative of employees; amending Minnesota Statutes 1996, sections 179.16, by adding a subdivision; and 179A.12, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Tuma; Tunheim; Johnson, A.; Seagren and Entenza introduced:

H. F. No. 1107, A bill for an act relating to education; extending the Options Plus pilot program; appropriating money; amending Laws 1995, First Special Session chapter 3, article 3, section 11, subdivisions 1, 2, and 5.

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

Bettermann and Nornes introduced:

H. F. No. 1108, A bill for an act relating to tax increment financing; exempting a district for a tourism facility in Douglas county from certain restrictions under general law.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Farrell; Swenson, D.; Biernat and Weaver introduced:

H. F. No. 1109, A bill for an act relating to crime prevention; specifying that the prosecution may reply in rebuttal to the closing argument of the defense; amending Minnesota Statutes 1996, section 631.07.

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


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Rukavina, Leighton, Mullery and Smith introduced:

H. F. No. 1110, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 1996, section 177.24, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Weaver, Lieder, Molnau, Kraus and Marko introduced:

H. F. No. 1111, A bill for an act relating to traffic regulations; allowing a trailer carrying an off-highway motorcycle, off-road vehicle, snowmobile, or all-terrain vehicle to be drawn as part of a recreational vehicle combination; amending Minnesota Statutes 1996, sections 169.01, subdivision 78; and 169.81, subdivision 3c.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Pelowski and Pawlenty introduced:

H. F. No. 1112, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, sections 4 and 12; lengthening the term of office of representatives and senators; requiring staggered election of representatives and senators; reducing the number of the days the legislature can meet; changing the deadline for adjournment; reducing the size of the legislature; amending Minnesota Statutes 1996, section 2.021.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Luther, Rukavina, Jefferson, Stanek and Carruthers introduced:

H. F. No. 1113, A bill for an act relating to appropriations; appropriating money to the intergovernmental information systems advisory council for certain grants to law enforcement agencies.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Boudreau introduced:

H. F. No. 1114, A bill for an act relating to education; appropriating money for technology improvements at the Minnesota state academies.

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

Tunheim, Paymar, Entenza and Pugh introduced:

H. F. No. 1115, A bill for an act relating to occupations; requiring sign contractors to be licensed by the state; authorizing the commissioner of commerce to adopt rules; providing penalties; appropriating money; amending Minnesota Statutes 1996, section 116J.70, subdivision 2a; proposing coding for new law as Minnesota Statutes, chapter 326A.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Sekhon, Lieder, Tunheim, Rifenberg and Reuter introduced:

H. F. No. 1116, A bill for an act relating to professions; modifying provisions relating to the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 1996, sections 326.02, by adding a subdivision; 326.03, subdivision 1; 326.04; 326.05; 326.06; 326.07; 326.09; 326.10,


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subdivisions 2 and 7; 326.12, by adding a subdivision; and 326.13; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 1996, section 326.08.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Greenfield, Huntley and Mulder introduced:

H. F. No. 1117, A bill for an act relating to health; modifying provisions relating to nursing; amending Minnesota Statutes 1996, sections 148.181, subdivision 1; 148.212; 148.231, subdivision 5; 148.235, by adding subdivisions; 148.261, subdivision 1; 148.262, subdivision 2; 148.281, subdivision 1; and 364.09; 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.

Sekhon and Munger introduced:

H. F. No. 1118, A bill for an act relating to water; authorizing a state general permit for water appropriation; amending Minnesota Statutes 1996, section 103G.271, subdivision 1.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Clark, Rhodes, Kalis, Orfield and Long introduced:

H. F. No. 1119, A bill for an act relating to appropriations; clarifying grant matching requirements for the Jungle Theatre in Minneapolis; amending Laws 1996, chapter 463, section 24, subdivision 8.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Tomassoni, Ness, Schumacher, Greiling and Johnson, A., introduced:

H. F. No. 1120, A bill for an act relating to libraries; appropriating money for multicounty, multitype library systems.

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

Delmont, McGuire, Sykora, Mariani and Mulder introduced:

H. F. No. 1121, A bill for an act relating to child care; establishing child development education loans; providing funding for child care provider training initiatives; appropriating money; amending Minnesota Statutes 1996, section 119B.18, by adding a subdivision.

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

Finseth, Murphy, Bakk and Milbert introduced:

H. F. No. 1122, A bill for an act relating to game and fish; permitting persons 65 years of age or older to hunt big game or turkey with a crossbow; amending Minnesota Statutes 1996, sections 97B.035, subdivision 1; and 97B.106.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.


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Delmont, Murphy, Jennings, Wolf and Rhodes introduced:

H. F. No. 1123, A bill for an act relating to telecommunications; establishing the practices of slamming and loading as consumer fraud; providing penalties and remedies; making permanent the requirement to disclose local telecommunications service options; amending Minnesota Statutes 1996, sections 237.121; 237.16, subdivision 5; and 237.5799; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Schumacher, Koppendrayer, Ness, Kelso and Kielkucki introduced:

H. F. No. 1124, A bill for an act relating to education; amending the distribution formula for library grants; appropriating money; amending Minnesota Statutes 1996, section 134.35.

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

Murphy, Huntley and Olson, E., introduced:

H. F. No. 1125, A bill for an act relating to education; providing for Minnesota undergraduate college and university scholarship trusts; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 11A; and 135A.

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

Jennings, Leppik, Delmont, Sviggum and Osthoff introduced:

H. F. No. 1126, A bill for an act relating to the environment; repealing the hazardous products labeling law; repealing Minnesota Statutes 1996, section 115A.9523.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Kahn, Jefferson, Murphy, Smith and Mares introduced:

H. F. No. 1127, A bill for an act relating to retirement; various individual retirement account plans; making various administrative changes; amending Minnesota Statutes 1996, sections 354D.02, subdivision 2; 354D.06; and 354D.08, subdivisions 1, 2, 3, and 5.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Kahn, Goodno, Murphy, Mares and Jefferson introduced:

H. F. No. 1128, A bill for an act relating to retirement; permitting certain modifications of employer and employee contributions to the higher education supplemental retirement plan; amending Minnesota Statutes 1996, section 354C.12, subdivision 1; and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Kahn, Goodno, Murphy, Mares and Dorn introduced:

H. F. No. 1129, A bill for an act relating to retirement; providing for full employer and employee contributions to the teachers retirement association for teachers on sabbatical leave; amending Minnesota Statutes 1996, section 354.092, subdivisions 1, 3, and 4; repealing Minnesota Statutes 1996, section 354.092, subdivision 2.

The bill was read for the first time and referred to the Committee on Governmental Operations.


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Kahn, Goodno, Murphy, Mares and Dorn introduced:

H. F. No. 1130, A bill for an act relating to retirement; making administrative changes to the higher education individual retirement account plan and the supplemental retirement plan; creating an advisory committee; amending Minnesota Statutes 1996, section 354B.25, subdivisions 2, 3, 5, and by adding a subdivision; 354C.12, subdivision 4; and 354C.14.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Bradley, Pelowski, Rifenberg, Osskopp and Dorn introduced:

H. F. No. 1131, A bill for an act relating to human services; establishing an alternative quality assurance pilot project in southeastern Minnesota for persons with developmental disabilities; establishing a regional quality assurance commission; prescribing commission duties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256B.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Ness, Carlson, Pelowski and Dehler introduced:

H. F. No. 1132, A bill for an act relating to education; requiring the provision of certain technical education diplomas and certificates; amending Minnesota Statutes 1996, section 136F.32.

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

Kielkucki, Mahon, Wenzel, Skare and Gunther introduced:

H. F. No. 1133, A bill for an act relating to community development; providing funding for the planning of a Hubert H. Humphrey museum at Waverly, Minnesota; appropriating money.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Knight and Kuisle introduced:

H. F. No. 1134, A bill for an act relating to state agencies; modifying department of administration authority for elevator regulation, the building code, leases, and other administrative matters; modifying licensure provisions for manufactured home installers; authorizing rulemaking; amending Minnesota Statutes 1996, sections 16B.24, subdivisions 6 and 6a; 16B.482; 16B.50; 16B.54, subdivision 8; 16B.61, subdivision 1a; 16B.72; 16B.73; 16B.747, subdivision 3; 16B.748; and 326.841; Laws 1996, chapter 463, section 13, subdivision 7; repealing Minnesota Statutes 1996, sections 13.072, subdivision 3; 15.171; 15.172; 15.173; 15.174; and 16B.88, subdivision 6.

The bill was read for the first time and referred to the Committee on Governmental Operations.

McCollum, Leppik, Pugh, Wejcman and Greenfield introduced:

H. F. No. 1135, A bill for an act relating to health; licensing massage therapists and Oriental bodywork therapists; authorizing rulemaking; providing criminal penalties; amending Minnesota Statutes 1996, sections 116J.70, subdivision 2a; 144.335, subdivision 1; 148B.60, subdivision 3; 214.23, subdivision 1; and 604A.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 148D.

The bill was read for the first time and referred to the Committee on Health and Human Services.


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Biernat, Leighton and Entenza introduced:

H. F. No. 1136, A bill for an act relating to education; modifying grant award procedure of community crime prevention programs; establishing the learn and earn graduation incentives grant program; appropriating money; amending Minnesota Statutes 1996, section 119A.31, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Lieder, Tunheim, Finseth, Goodno and Olson, E., introduced:

H. F. No. 1137, A bill for an act relating to the environment; providing a grant to the Red river basin board; appropriating money.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Lieder, Tunheim, Skare, Daggett and Bettermann introduced:

H. F. No. 1138, A bill for an act relating to emergency snow removal; providing for private assistance and assumption of liability associated with the assistance; amending Minnesota Statutes 1996, section 160.21, subdivision 4.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Lieder, Tunheim and Finseth introduced:

H. F. No. 1139, A bill for an act relating to education; permitting use of revenue for independent school district Nos. 561, Goodridge; and 600, Fisher.

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

Orfield and Greiling introduced:

H. F. No. 1140, A bill for an act relating to elections; campaign finance; modifying the definition of independent expenditure; providing for electronic filing of campaign reports; increasing the proportion of a candidate's spending limits that can be obtained from the state campaign fund; appropriating money; amending Minnesota Statutes 1996, sections 10A.01, subdivision 10b; 10A.02, by adding a subdivision; 10A.20, subdivision 3; and 10A.31, subdivisions 4, 5, and 7.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Orfield introduced:

H. F. No. 1141, A bill for an act relating to income taxation; expanding the dependent care credit; appropriating money; amending Minnesota Statutes 1996, section 290.067, subdivisions 1 and 2.

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

Tunheim introduced:

H. F. No. 1142, A bill for an act relating to natural resources; appropriating money for construction of an interpretive display in the Thief Lake wildlife management area.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.


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Tunheim introduced:

H. F. No. 1143, A bill for an act relating to counties; modifying the requirement for certain counties that the county financial statement be published in two newspapers of general circulation; amending Minnesota Statutes 1996, section 375.17, subdivision 3.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Tunheim introduced:

H. F. No. 1144, A bill for an act relating to county officers; authorizing the county board to assign certain duties of the county auditor and treasurer; proposing coding for new law in Minnesota Statutes, chapter 375A.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Milbert introduced:

H. F. No. 1145, A bill for an act relating to motor vehicles; eliminating the financial responsibility of court administrators for deputy registrars who are not public officials and who issue drivers' licenses; amending Minnesota Statutes 1996, section 171.06, subdivision 4.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Trimble introduced:

H. F. No. 1146, A bill for an act relating to retirement; retirement coverage for teachers employed by independent school district No. 625; providing for a choice about future teacher retirement coverage by the board of education of independent school district No. 625; amending Minnesota Statutes 1996, sections 3.85, subdivisions 11, and 12; 16A.06, subdivision 9; 353.01, subdivision 2b; 354.05, subdivisions 2, and 13; 354A.011, subdivisions 7, 8, 11, and 15a; 354A.021, subdivision 1; 354A.08; 354A.092; 354A.093; 354A.095; 354A.096; 354A.12, subdivisions 1, 2, 2a, 3a, 3c, and 3d; 354A.23, subdivision 2; 354A.30; 354A.31, subdivision 4; 354A.32, subdivision 1; 354A.36, subdivision 3; 354A.39; 354A.40, subdivision 1; 354A.41; 356.20, subdivision 2; 356.215, subdivision 2; 356.30, subdivision 3; 356.302, subdivision 7; 356.303, subdivision 4; 356.32, subdivision 2; 356.35, subdivisions 2 and 5; 356.36, subdivision 1; 356.86, subdivisions 1, 2, and 3; and 423A.02, subdivision 3; Laws 1965, chapter 705, section 1, subdivision 4; Laws 1989, chapter 319, article 13, section 94; Laws 1990, chapter 570, article 7, section 4; Laws 1992, chapter 598, article 6, section 18; Laws 1993, chapter 336, article 2, section 2; Laws 1994, chapter 542, section 5; and Laws 1995, chapter 252, article 1, section 16, as amended; proposing coding for new law in Minnesota Statutes, chapter 354A; repealing Minnesota Statutes 1996, sections 354A.23, subdivision 2; 355.201; 355.202; 355.203; 355.204; 355.205; 355.206; 355.207; 355.208; and 355.209; Laws 1976, chapter 238, section 14; Laws 1977, chapter 429, sections 60 and 61; Laws 1979, chapter 109; Laws 1981, chapter 157; Laws 1985, chapter 259, section 3; Laws 1987, chapter 372, article 7, section 6; Laws 1988, chapter 709, article 8, section 8; Laws 1990, chapter 570, article 7, section 3; Laws 1991, chapter 67; Laws 1993, chapter 336, article 3, section 1; and Laws 1994, chapter 565, article 1, section 2.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Leighton, Jefferson, Rukavina, Sekhon and Kielkucki introduced:

H. F. No. 1147, A bill for an act relating to workers' compensation; requiring that all health care provider disciplines use current procedural terminology coding for workers' compensation reimbursement; amending Minnesota Statutes 1996, section 176.136, subdivision 1a.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.


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Wolf and Macklin introduced:

H. F. No. 1148, A bill for an act relating to Scott county; permitting the appointment of the auditor, recorder, and treasurer.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Pugh, McGuire, Evans and Leighton introduced:

H. F. No. 1149, A bill for an act relating to civil actions; providing a cause of action for victims of domestic abuse; proposing coding for new law in Minnesota Statutes, chapter 611A.

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

Greenfield, Bishop, Entenza, Huntley and Leppik introduced:

H. F. No. 1150, A bill for an act relating to crime victims; authorizing testing for HIV or hepatitis B under certain circumstances; permitting the sale of six or fewer unused hypodermic needles or syringes without a prescription; appropriating money; amending Minnesota Statutes 1996, sections 144.761, subdivisions 5 and 7; 144.762, subdivision 2, and by adding a subdivision; 144.765; 144.767, subdivision 1; 151.40; 152.01, subdivision 18; and 611A.19, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Van Dellen, Pugh, Dawkins and Macklin introduced:

H. F. No. 1151, A bill for an act relating to civil actions; establishing two-year limitation in action against health care provider for transmission of the HIV virus; amending Minnesota Statutes 1996, section 541.07; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Swenson, D., introduced:

H. F. No. 1152, A bill for an act relating to information; creating the governor's council on information policy reform to review information policy law and make recommendations on updating these laws; sunsetting the data practices law; appropriating money; repealing Minnesota Statutes 1996, chapter 13.

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

Stanek, Skoglund, Larsen, Marko and Broecker introduced:

H. F. No. 1153, A bill for an act relating to crime; expanding certain crimes to include committing the crimes on railroad property or property in transit by a common carrier; providing criminal penalties; amending Minnesota Statutes 1996, sections 609.52, subdivision 3; 609.582, subdivisions 2, 3, 4, and by adding a subdivision; 609.595, subdivision 1; and 609.605, subdivision 1, and by adding subdivisions.

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


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Skoglund introduced:

H. F. No. 1154, A bill for an act relating to public safety; appropriating money for bomb disposal expense reimbursement.

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

Long, Marko, Delmont, Evans and Koskinen introduced:

H. F. No. 1155, A bill for an act relating to the program of temporary assistance for needy families; establishing a pilot project to provide subsidized employment and supervised on-the-job training in child care centers; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256J.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Jennings, Vickerman, Solberg, Milbert and Osthoff introduced:

H. F. No. 1156, A bill for an act relating to energy; creating a task force to conduct a study of aboveground storage tank secondary containment methods.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Huntley, Jennings, Otremba, Goodno and Dorn introduced:

H. F. No. 1157, A bill for an act relating to health; modifying capitation rates for nonmetropolitan counties under prepaid medical assistance and prepaid general assistance medical care; amending Minnesota Statutes 1996, section 256B.69, subdivision 5b.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Greiling, Kelso, Mares, Leppik and Biernat introduced:

H. F. No. 1158, A bill for an act relating to libraries; appropriating money for children's library services.

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

Greenfield, Bishop, Entenza, Huntley and Leppik introduced:

H. F. No. 1159, A bill for an act relating to education; establishing a demonstration project to provide HIV/AIDS prevention grants to school districts; appropriating money.

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

Greenfield, Bishop, Entenza, Huntley and Leppik introduced:

H. F. No. 1160, A bill for an act relating to health; requiring the commissioner of health to conduct an education campaign to prevent prenatal transmission of HIV and to provide demonstration grants; clarifying that prenatal HIV testing and counseling is covered under medical assistance; requiring sellers of HIV home collection kits to provide purchasers with specified information; requiring the commissioner of health to study the HIV and HBV prevention program; requiring employers of peace officers and correctional guards to adopt a protocol for certain emergency medical services personnel;


Journal of the House - 18th Day - Top of Page 410

authorizing testing for HIV or hepatitis B under certain circumstances; permitting the sale of ten or fewer unused hypodermic needles or syringes without a prescription; appropriating money; amending Minnesota Statutes 1996, sections 144.761, subdivisions 5 and 7; 144.762, subdivision 2, and by adding a subdivision; 144.765; 144.767, subdivision 1; 151.40; 152.01, subdivision 18; 256B.0625, subdivision 14; 611A.19, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 145; 325F.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Trimble introduced:

H. F. No. 1161, A bill for an act relating to economic development; increasing the revenue bonding authority of the public facilities authority; amending Minnesota Statutes 1996, section 446A.12, subdivision 1.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Koppendrayer introduced:

H. F. No. 1162, A bill for an act relating to state employment; making changes of a technical and housekeeping nature; amending Minnesota Statutes 1996, sections 43A.01, subdivision 2; 43A.02, subdivisions 1, 14, 20, 30, and 37; 43A.04, subdivisions 1, 2, 3, and 9; 43A.05, subdivisions 1 and 3; 43A.08, subdivisions 1 and 1a; 43A.13, subdivision 7; 43A.27, subdivision 1; 43A.30, subdivision 1; and 43A.36, subdivisions 1 and 2.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Long, Hausman and Paulsen introduced:

H. F. No. 1163, A bill for an act relating to education; changing the membership and duties of the University of Minnesota regent candidate advisory council; repealing requirements that one member of the board of regents be a student and that at least one regent be a resident of each congressional district; amending Minnesota Statutes 1996, section 137.0245; repealing Minnesota Statutes 1996, sections 137.023; and 137.024.

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

Juhnke, Garcia, Workman and Mahon introduced:

H. F. No. 1164, A bill for an act relating to transportation; expanding definition of bus to include special transportation service vehicles; amending Minnesota Statutes 1996, section 168.011, subdivision 9.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Skoglund; McGuire; Swenson, D., and Macklin introduced:

H. F. No. 1165, A bill for an act relating to government data practices; criminal justice and juvenile history records; modifying juvenile court records to be forwarded to the bureau of criminal apprehension; providing for peace officer records on children to be forwarded to the bureau of criminal apprehension; specifying retention periods for juvenile history records; providing for release of juvenile history records to law enforcement agencies in other states; appropriating money; amending Minnesota Statutes 1996, sections 260.161, subdivision 1a; 299C.095; 299C.10, subdivision 1; and 299C.13.

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


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Clark, Rukavina, Trimble, Reuter and Winter introduced:

H. F. No. 1166, A bill for an act relating to employment; establishing the 1997 Minnesota employment and economic development program; modifying the wage subsidy program and providing job retention services; appropriating money; amending Minnesota Statutes 1996, sections 268.672, subdivision 6, and by adding subdivisions; 268.673, subdivisions 3, 4a, and 5; 268.6751, subdivision 1; 268.677, subdivision 1; 268.678, subdivision 6; and 268.681; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1996, sections 268.672, subdivision 4; 268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3; 268.678; and 268.679, subdivision 3.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Goodno, Greenfield, Bradley, Vickerman and Huntley introduced:

H. F. No. 1167, A bill for an act relating to health; modifying certain fees; establishing state core function fee; requiring inspection of certain enclosed arenas; modifying requirements for infant testing for unborn metabolic errors; modifying certain definitions for food and beverage service establishments; appropriating money; amending Minnesota Statutes 1996, sections 103I.101, subdivision 6; 103I.208; 103I.401, subdivision 1; 144.121, subdivision 1, and by adding subdivisions; 144.125; 144.226, subdivision 1, and by adding a subdivision; 153A.17; and 157.16, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1996, section 144.1222, subdivision 3.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Pugh introduced:

H. F. No. 1168, A bill for an act relating to charter commissions; providing for removal of charter commission members in certain circumstances; amending Minnesota Statutes 1996, section 410.05, subdivision 2.

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

Carlson, Carruthers, Haas, Abrams and Luther introduced:

H. F. No. 1169, A bill for an act relating to the city of Brooklyn Center; providing state assistance for an economic development project; appropriating money.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Jennings introduced:

H. F. No. 1170, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Chisago county.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Jennings, Wolf, Kelso, Holsten and Delmont introduced:

H. F. No. 1171, A bill for an act relating to telecommunications; modifying telecommunications, telephone, and cable system regulations; eliminating rate of return regulation for local exchange carriers; providing civil penalties; proposing coding for new law as Minnesota Statutes, chapter 238A; repealing Minnesota Statutes 1996, chapters 237; and 238.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.


Journal of the House - 18th Day - Top of Page 412

Jennings introduced:

H. F. No. 1172, A bill for an act relating to telecommunications; providing policies to carry out the state's role in telecommunications regulation; providing for a state policy encouraging high speed telecommunication services and greater capacity for services; providing for a single statewide local access and transport area (LATA); amending Minnesota Statutes 1996, section 8.33, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Lieder, Osthoff, Finseth, McCollum and Munger introduced:

H. F. No. 1173, A bill for an act relating to natural resources; appropriating money for a grant to provide access to Rydell national wildlife refuge.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Carruthers, Rest and Entenza introduced:

H. F. No. 1174, A bill for an act relating to consumer protection; prohibiting the self-service merchandising of tobacco; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Clark and Wejcman introduced:

H. F. No. 1175, A bill for an act relating to crime; authorizing sentences to restorative justice programs; increasing penalties for certain repeat misdemeanor violations; increasing the power of peace officers to make custodial arrests for these crimes; requiring law enforcement agencies to make reasonable efforts to notify complaining witnesses of the disposition of these cases; appropriating money for restorative justice program grants; amending Minnesota Statutes 1996, sections 609.10; 609.125; and 609.135, subdivision 1; 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.

Hausman, Mariani, Winter, Carruthers and Mares introduced:

H. F. No. 1176, A bill for an act relating to capital improvements; appropriating money for St. Paul Civic Center; authorizing state bonds.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Schumacher, Koppendrayer, Kalis, Gunther and Solberg introduced:

H. F. No. 1177, A bill for an act relating to waste management; providing grants to political subdivisions to retire debt for waste processing facilities for which the political subdivisions are responsible; appropriating money.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Davids, Sekhon, Holsten, Peterson and Osthoff introduced:

H. F. No. 1178, A bill for an act relating to recreation; appropriating money for state trails.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.


Journal of the House - 18th Day - Top of Page 413

Davids, Kalis and Peterson introduced:

H. F. No. 1179, A bill for an act relating to the environment; petroleum release compensation fund; creating a petroleum tank upgrade assistance program; amending Minnesota Statutes 1996, section 115C.09, subdivision 1.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Murphy; Greiling; Swenson, D., and Greenfield introduced:

H. F. No. 1180, A bill for an act relating to ombudsman services; creating uniform laws governing the operation, scope, organization, power, investigative, and other duties of ombudsman services; setting forth duties on agencies to cooperate with ombudsman service; setting new appointment authority and terms for selection of crime victim ombudsman; designating crime victim ombudsman's authority and duties; designating office space for crime victim ombudsman; requiring report by crime victim ombudsman; amending Minnesota Statutes 1996, sections 611A.74, subdivisions 1 and 3, and by adding a subdivision; and 611A.75; proposing coding for new law as Minnesota Statutes, chapter 10B.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Pugh and Entenza introduced:

H. F. No. 1181, A bill for an act relating to mortgages; regulating certificates of releases by title insurance companies; amending Minnesota Statutes 1996, section 507.401, subdivisions 2 and 3.

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

Orfield introduced:

H. F. No. 1182, A bill for an act relating to the enforcement of laws against certain prohibited conduct; prohibiting certain agreements and actions related to the provision of health care; amending Minnesota Statutes 1996, section 181.932, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 62J.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Pugh, McElroy and Milbert introduced:

H. F. No. 1183, A bill for an act relating to real estate; regulating compensation paid by licensees to tenants for referrals; amending Minnesota Statutes 1996, section 82.19, subdivision 3.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Milbert, Winter, Dempsey, Wenzel and Jaros introduced:

H. F. No. 1184, A bill for an act relating to taxation; authorizing creation of heritage and historic subdistricts within tax increment financing districts; amending Minnesota Statutes 1996, sections 273.1399, subdivision 6; 469.174, subdivisions 4, 7, 16, 23, 24, and by adding subdivisions; 469.175, subdivisions 1, 7, and by adding a subdivision; 469.176, subdivisions 4e, 5, and by adding a subdivision; and 469.1765, subdivisions 2, 3, 4, and 7.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.


Journal of the House - 18th Day - Top of Page 414

Van Dellen introduced:

H. F. No. 1185, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV; requiring a special vote on new taxes, tax increases, and tax extensions.

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

Tunheim introduced:

H. F. No. 1186, A bill for an act relating to bakeries; limiting application of certain food rules to bakeries in retail food stores; proposing coding for new law in Minnesota Statutes, chapter 31.

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

Kubly, Juhnke and Ness introduced:

H. F. No. 1187, A bill for an act relating to the city of Buffalo Lake; authorizing the city to negotiate contracts for a specific project without competitive bids.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Anderson, B.; Lindner; Smith; Tomassoni and Davids introduced:

H. F. No. 1188, A bill for an act relating to the town of Hassan; authorizing the establishment of a detached facility.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Greiling and Leppik introduced:

H. F. No. 1189, A bill for an act relating to public safety; preserving certain exempt rules of department of public safety; requiring department to adopt permanent rules in place of some formerly exempt rules; amending Minnesota Statutes 1996, sections 14.387; 169.128; 169.452; 171.321, subdivision 2; 216D.03, subdivision 2; and 624.22, subdivision 1.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Rest, Ozment, Long, Kalis and Rhodes introduced:

H. F. No. 1190, A bill for an act relating to taxation; providing for an assessment on environmental emissions; providing for refundable FICA and income tax credits; authorizing loans to improve energy efficiency; providing rulemaking authority; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota Statutes, chapter 216E.

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

Rifenberg, Sviggum, Westrom, Bradley and Bettermann introduced:

H. F. No. 1191, A resolution memorializing Congress to propose an amendment to the United States Constitution to balance the budget.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


Journal of the House - 18th Day - Top of Page 415

Leighton, Rukavina, Entenza, Koskinen and Knight introduced:

H. F. No. 1192, A bill for an act relating to economic development; placing a moratorium on grants, loans, tax increment financing, tax waivers, and deductions; 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.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 125, A bill for an act relating to taxation; authorizing the city of Kenyon to recertify its final levy for taxes levied in 1996.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 631, A bill for an act relating to public administration; clarifying the terms and conditions of a state appropriation; amending Laws 1994, chapter 643, section 2, subdivision 12.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 6, A senate concurrent resolution relating to the adjournment of the House.

Patrick E. Flahaven, Secretary of the Senate

SUSPENSION OF RULES

Winter moved that the rules be so far suspended that Senate Concurrent Resolution No. 6 be now considered and be placed upon its adoption. The motion prevailed.

SENATE CONCURRENT RESOLUTION NO. 6

A senate concurrent resolution relating to the adjournment of the House.

Be It Resolved, by the Senate of the State of Minnesota:

1. Upon the House of Representatives adjournment on Wednesday, March 5, 1997, the House of Representatives may adjourn for more than three days.


Journal of the House - 18th Day - Top of Page 416

2. Pursuant to the Minnesota Constitution, Article IV, Section 12, the Senate consents to the adjournment of the House of Representatives for more than three days.

Winter moved that Senate Concurrent Resolution No. 6 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 6 was adopted.

Mr. Speaker:

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

H. F. No. 5, A bill for an act relating to crime; clarifying the elements of the harassment and stalking crime; amending Minnesota Statutes 1996, section 609.749, subdivisions 1, 2, 5, and by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

McGuire moved that the House refuse to concur in the Senate amendments to H. F. No. 5, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 94 and 458.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 94, A bill for an act relating to state land; modifying provisions for the establishment of boundary lines; modifying provisions relating to the sale of trust lands; authorizing the commissioner of natural resources to pay certain outstanding real estate taxes and assessments; authorizing the commissioner of natural resources to transfer improvements on state-owned land; authorizing the commissioner of natural resources to sell certain land; authorizing the private sale of certain land; authorizing the sale of certain surplus land for recreational purposes; providing for disposition of certain lakeshore leased lands; amending Minnesota Statutes 1996, sections 84.0273; 92.06, subdivisions 1 and 4; 92.16, subdivision 1; and 94.10, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 92; and 94.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

S. F. No. 458, A bill for an act relating to insurance; clarifying the right to escrow for certain losses in certain cases; amending Minnesota Statutes 1996, section 65A.50, subdivisions 2, 3, 4, 8, 16, and 17.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.


Journal of the House - 18th Day - Top of Page 417

CONSENT CALENDAR

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.

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 0 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Mares Paulsen Swenson, D.
Anderson, I. Farrell Kalis Mariani Pawlenty Swenson, H.
Bakk Finseth Kelso Marko Paymar Sykora
Bettermann Folliard Kielkucki McCollum Pelowski Tingelstad
Biernat Garcia Kinkel McElroy Peterson Tomassoni
Bishop Goodno Knight McGuire Rest Tompkins
Boudreau Greenfield Knoblach Milbert Reuter Trimble
Bradley Greiling Koppendrayer Molnau Rhodes Tuma
Broecker Gunther Koskinen Mulder Rifenberg Tunheim
Carlson Haas Kraus Mullery Rostberg Van Dellen
Chaudhary Harder Krinkie Munger Schumacher Vickerman
Clark Hasskamp Kubly Murphy Seagren Wagenius
Commers Hausman Kuisle Ness Seifert Weaver
Daggett Hilty Larsen Nornes Sekhon Wejcman
Davids Holsten Leighton Olson, E. Skare Wenzel
Dawkins Huntley Leppik Olson, M. Skoglund Westfall
Dehler Jaros Lieder Opatz Slawik Westrom
Delmont Jefferson Lindner Orfield Smith Winter
Dempsey Jennings Long Osskopp Solberg Wolf
Dorn Johnson, A. Luther Osthoff Stanek Workman
Entenza Johnson, R. Macklin Otremba Stang Spk. Carruthers
Erhardt Juhnke Mahon Ozment Sviggum

The bill was passed and its title agreed to.

The Speaker assumed the Chair.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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

H. F. Nos. 334, 356, 441, 645, 333, 538, 10, 302 and 179.

SPECIAL ORDERS

H. F. No. 334, A bill for an act relating to the city of Duluth; permitting the reassessment of special assessments upon parcels that returned to private ownership after special assessments were canceled because the benefited parcel became tax-forfeited.

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


Journal of the House - 18th Day - Top of Page 418

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Marko Paymar Swenson, H.
Anderson, I. Farrell Kalis McCollum Pelowski Sykora
Bakk Finseth Kelso McElroy Peterson Tingelstad
Bettermann Folliard Kielkucki McGuire Pugh Tomassoni
Biernat Garcia Kinkel Milbert Rest Tompkins
Bishop Goodno Knoblach Molnau Reuter Trimble
Boudreau Greenfield Koppendrayer Mulder Rhodes Tuma
Bradley Greiling Koskinen Mullery Rifenberg Tunheim
Broecker Gunther Kraus Munger Rostberg Van Dellen
Carlson Haas Kubly Murphy Schumacher Vickerman
Chaudhary Harder Kuisle Ness Seagren Wagenius
Clark Hasskamp Larsen Nornes Seifert Weaver
Commers Hausman Leighton Olson, E. Sekhon Wejcman
Daggett Hilty Leppik Olson, M. Skare Wenzel
Davids Holsten Lieder Opatz Skoglund Westfall
Dawkins Huntley Lindner Orfield Slawik Westrom
Dehler Jaros Long Osskopp Smith Winter
Delmont Jefferson Luther Osthoff Solberg Wolf
Dempsey Jennings Macklin Otremba Stanek Workman
Dorn Johnson, A. Mahon Ozment Stang Spk. Carruthers
Entenza Johnson, R. Mares Paulsen Sviggum
Erhardt Juhnke Mariani Pawlenty Swenson, D.

Those who voted in the negative were:

KnightKrinkie

The bill was passed and its title agreed to.

H. F. No. 356, A bill for an act relating to local governmental bodies; authorizing consideration of cost as a criterion in the designation of newspapers for official publication; amending Minnesota Statutes 1996, section 331A.04, subdivision 1, and by adding a subdivision.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Mares Paulsen Sviggum
Anderson, I. Farrell Kalis Mariani Pawlenty Swenson, D.
Bakk Finseth Kelso Marko Paymar Swenson, H.
Bettermann Folliard Kielkucki McCollum Pelowski Sykora
Biernat Garcia Kinkel McElroy Peterson Tingelstad
Bishop Goodno Knight McGuire Pugh Tomassoni

Journal of the House - 18th Day - Top of Page 419
Boudreau Greenfield Knoblach Milbert Rest Tompkins
Bradley Greiling Koppendrayer Molnau Reuter Trimble
Broecker Gunther Koskinen Mulder Rhodes Tuma
Carlson Haas Kraus Mullery Rifenberg Tunheim
Chaudhary Harder Krinkie Munger Rostberg Van Dellen
Clark Hasskamp Kubly Murphy Schumacher Vickerman
Commers Hausman Kuisle Ness Seagren Wagenius
Daggett Hilty Larsen Nornes Seifert Weaver
Davids Holsten Leighton Olson, E. Sekhon Wejcman
Dawkins Huntley Leppik Olson, M. Skare Wenzel
Dehler Jaros Lieder Opatz Skoglund Westfall
Delmont Jefferson Lindner Orfield Slawik Westrom
Dempsey Jennings Long Osskopp Smith Winter
Dorn Johnson, A. Luther Osthoff Solberg Wolf
Entenza Johnson, R. Macklin Otremba Stanek Workman
Erhardt Juhnke Mahon Ozment Stang Spk. Carruthers

The bill was passed and its title agreed to.

H. F. No. 441, A bill for an act relating to commerce; enacting the revised article 5 of the Uniform Commercial Code; regulating letters of credit; making conforming changes; amending Minnesota Statutes 1996, sections 336.1-105; 336.2-512; 336.9-103; 336.9-104; 336.9-105; 336.9-106; 336.9-304; and 336.9-305; proposing coding for new law in Minnesota Statutes, chapter 336; repealing Minnesota Statutes 1996, sections 336.5-101; 336.5-102; 336.5-103; 336.5-104; 336.5-105; 336.5-106; 336.5-107; 336.5-108; 336.5-109; 336.5-110; 336.5-111; 336.5-112; 336.5-113; 336.5-114; 336.5-115; 336.5-116; and 336.5-117.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Marko Paymar Swenson, H.
Anderson, I. Farrell Kalis McCollum Pelowski Sykora
Bakk Finseth Kelso McElroy Peterson Tingelstad
Bettermann Folliard Kielkucki McGuire Pugh Tomassoni
Biernat Garcia Kinkel Milbert Rest Tompkins
Bishop Goodno Knoblach Molnau Reuter Trimble
Boudreau Greenfield Koppendrayer Mulder Rhodes Tuma
Bradley Greiling Koskinen Mullery Rifenberg Tunheim
Broecker Gunther Kraus Munger Rostberg Van Dellen
Carlson Haas Kubly Murphy Schumacher Vickerman
Chaudhary Harder Kuisle Ness Seagren Wagenius
Clark Hasskamp Larsen Nornes Seifert Weaver
Commers Hausman Leighton Olson, E. Sekhon Wejcman
Daggett Hilty Leppik Olson, M. Skare Wenzel
Davids Holsten Lieder Opatz Skoglund Westfall
Dawkins Huntley Lindner Orfield Slawik Westrom
Dehler Jaros Long Osskopp Smith Winter
Delmont Jefferson Luther Osthoff Solberg Wolf
Dempsey Jennings Macklin Otremba Stanek Workman
Dorn Johnson, A. Mahon Ozment Stang Spk. Carruthers
Entenza Johnson, R. Mares Paulsen Sviggum
Erhardt Juhnke Mariani Pawlenty Swenson, D.

Those who voted in the negative were:

KnightKrinkie

The bill was passed and its title agreed to.


Journal of the House - 18th Day - Top of Page 420

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.

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 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn McCollum Pelowski Sykora
Anderson, I. Farrell Kalis McElroy Peterson Tingelstad
Bakk Finseth Kelso McGuire Pugh Tomassoni
Bettermann Folliard Kinkel Milbert Rest Tompkins
Biernat Garcia Knoblach Molnau Reuter Trimble
Bishop Goodno Koppendrayer Mulder Rhodes Tuma
Boudreau Greenfield Koskinen Mullery Rifenberg Tunheim
Bradley Greiling Kraus Munger Rostberg Van Dellen
Broecker Gunther Kubly Murphy Schumacher Vickerman
Carlson Haas Kuisle Ness Seagren Wagenius
Chaudhary Harder Larsen Nornes Seifert Weaver
Clark Hasskamp Leighton Olson, E. Sekhon Wejcman
Commers Hausman Leppik Olson, M. Skare Wenzel
Daggett Hilty Lieder Opatz Skoglund Westfall
Davids Holsten Lindner Orfield Slawik Westrom
Dawkins Huntley Long Osskopp Smith Winter
Dehler Jaros Luther Osthoff Solberg Wolf
Delmont Jefferson Macklin Otremba Stanek Workman
Dempsey Jennings Mahon Ozment Stang Spk. Carruthers
Dorn Johnson, A. Mares Paulsen Sviggum
Entenza Johnson, R. Mariani Pawlenty Swenson, D.
Erhardt Juhnke Marko Paymar Swenson, H.

Those who voted in the negative were:

Kielkucki Knight Krinkie

The bill was passed and its title agreed to.

H. F. No. 333 was reported to the House.

Farrell moved to amend H. F. No. 333, the first engrossment, as follows:

Page 1, lines 15 and 16, delete "was on duty and discharging the officer's" and insert "is acting in the course and scope of"

The motion prevailed and the amendment was adopted.

Rest and Ozment moved to amend H. F. No. 333, the first engrossment, as amended, as follows:

Page 1, line 9, delete "FORMER PEACE OFFICERS" and insert "DISABLED"

Page 2, after line 27, insert:

"Subd. 5. [FULL-TIME FIREFIGHTERS.] Subdivisions 1, 2, 3, and 4, paragraph (b), also apply to a full-time firefighter who meets the other terms, conditions, and qualifications under those subdivisions."


Journal of the House - 18th Day - Top of Page 421

Amend the title as follows:

Page 1, line 2, delete "peace officers" and insert "public safety"

Page 1, line 3, after "officers" insert "and full-time firefighters"

The motion prevailed and the amendment was adopted.

Kraus, Harder, Daggett, Dehler, Kuisle, Reuter, Seifert, Holsten and Krinkie moved to amend H. F. No. 333, the first engrossment, as amended, as follows:

Page 2, after line 21, insert:

"Subd. 4. [ PUBLIC EMPLOYER REIMBURSEMENT. ] A public employer subject to this section may annually apply to the commissioner of public safety for reimbursement of its costs of complying with this section. The commissioner shall provide reimbursement to the public employer out of the public safety officer's benefit account."

Page 2, line 22, delete "4"and insert "5"

A roll call was requested and properly seconded.

The question was taken on the Kraus et al amendment and the roll was called. There were 77 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abrams Dorn Knoblach Molnau Rifenberg Sykora
Bettermann Erhardt Koppendrayer Mulder Rostberg Tingelstad
Biernat Finseth Kraus Ness Schumacher Tompkins
Bishop Goodno Krinkie Nornes Seagren Tuma
Boudreau Gunther Kuisle Olson, E. Seifert Tunheim
Bradley Haas Larsen Olson, M. Skare Van Dellen
Broecker Harder Leppik Osskopp Slawik Vickerman
Commers Hausman Lieder Otremba Smith Weaver
Daggett Holsten Lindner Paulsen Stanek Westfall
Davids Johnson, R. Macklin Pawlenty Stang Westrom
Dehler Kelso Mahon Pelowski Sviggum Wolf
Delmont Kielkucki Mares Reuter Swenson, D. Workman
Dempsey Knight McElroy Rhodes Swenson, H.

Those who voted in the negative were:

Anderson, I. Garcia Juhnke Marko Ozment Wagenius
Bakk Greenfield Kahn McCollum Paymar Wejcman
Carlson Greiling Kalis McGuire Peterson Wenzel
Chaudhary Hasskamp Kinkel Milbert Pugh Winter
Clark Hilty Koskinen Mullery Rest Spk. Carruthers
Dawkins Huntley Kubly Munger Sekhon
Entenza Jaros Leighton Murphy Skoglund
Evans Jefferson Long Opatz Solberg
Farrell Jennings Luther Orfield Tomassoni
Folliard Johnson, A. Mariani Osthoff Trimble

The motion prevailed and the amendment was adopted.


Journal of the House - 18th Day - Top of Page 422

Farrell moved that H. F. No. 333, as amended, be continued on Special Orders. The motion prevailed.

Smith was excused for the remainder of today's session.

H. F. No. 538, A resolution memorializing Congress to support legislative initiatives to mitigate the economic competition among the states that has resulted from the adoption of targeted business incentive programs.

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 124 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Mahon Paulsen Sviggum
Anderson, I. Farrell Kalis Mares Pawlenty Swenson, D.
Bakk Finseth Kelso Mariani Paymar Swenson, H.
Bettermann Folliard Kielkucki Marko Pelowski Sykora
Biernat Garcia Kinkel McElroy Peterson Tingelstad
Bishop Goodno Knight McGuire Pugh Tompkins
Boudreau Greenfield Knoblach Milbert Rest Trimble
Bradley Greiling Koppendrayer Molnau Reuter Tuma
Broecker Gunther Koskinen Mulder Rhodes Tunheim
Carlson Haas Kraus Mullery Rifenberg Van Dellen
Chaudhary Harder Krinkie Munger Rostberg Vickerman
Clark Hasskamp Kubly Murphy Schumacher Wagenius
Daggett Hausman Kuisle Ness Seagren Weaver
Davids Hilty Larsen Nornes Seifert Wejcman
Dawkins Holsten Leighton Olson, E. Sekhon Wenzel
Dehler Huntley Leppik Olson, M. Skare Westfall
Delmont Jaros Lieder Opatz Skoglund Westrom
Dempsey Jennings Lindner Orfield Slawik Winter
Dorn Johnson, A. Long Osskopp Solberg Spk. Carruthers
Entenza Johnson, R. Luther Otremba Stanek
Erhardt Juhnke Macklin Ozment Stang

Those who voted in the negative were:

WolfWorkman

The bill was passed and its title agreed to.

H. F. No. 10, A bill for an act relating to consumer protection; requiring child protective devices in shopping carts; proposing coding for new law in Minnesota Statutes, chapter 325E.

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 57 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Jennings Luther Osthoff Tuma
Bakk Garcia Johnson, A. Mariani Otremba Tunheim
Biernat Greenfield Johnson, R. Marko Paymar Wagenius
Carlson Greiling Juhnke McCollum Peterson Wejcman
Chaudhary Hasskamp Kahn McGuire Pugh Wenzel
Clark Hausman Kalis Mullery Schumacher Winter
Dawkins Hilty Koskinen Munger Sekhon Spk. Carruthers
Dorn Huntley Leighton Murphy Skoglund

Journal of the House - 18th Day - Top of Page 423
Entenza Jaros Lieder Olson, E. Tomassoni
Evans Jefferson Long Opatz Trimble

Those who voted in the negative were:

Abrams Erhardt Knoblach McElroy Reuter Swenson, H.
Bettermann Finseth Koppendrayer Molnau Rhodes Sykora
Bishop Folliard Kraus Mulder Rifenberg Tingelstad
Boudreau Goodno Krinkie Ness Rostberg Tompkins
Bradley Gunther Kubly Nornes Seagren Van Dellen
Broecker Haas Kuisle Olson, M. Seifert Vickerman
Commers Harder Larsen Osskopp Skare Weaver
Daggett Holsten Leppik Ozment Slawik Westfall
Davids Kelso Lindner Paulsen Stanek Westrom
Dehler Kielkucki Macklin Pawlenty Stang Wolf
Delmont Kinkel Mahon Pelowski Sviggum Workman
Dempsey Knight Mares Rest Swenson, D.

The bill was not passed.

H. F. No. 302, 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.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kahn Mares Pawlenty Swenson, H.
Anderson, I. Farrell Kalis Mariani Paymar Sykora
Bakk Finseth Kelso Marko Pelowski Tingelstad
Bettermann Folliard Kielkucki McCollum Peterson Tomassoni
Biernat Garcia Kinkel McElroy Pugh Trimble
Bishop Goodno Knight McGuire Rest Tuma
Boudreau Greenfield Knoblach Milbert Reuter Tunheim
Bradley Greiling Koppendrayer Molnau Rhodes Van Dellen
Broecker Gunther Koskinen Mulder Rifenberg Vickerman
Carlson Haas Kraus Mullery Rostberg Wagenius
Chaudhary Harder Krinkie Munger Schumacher Weaver
Clark Hasskamp Kubly Murphy Seagren Wejcman
Commers Hausman Kuisle Ness Seifert Wenzel
Daggett Hilty Larsen Nornes Sekhon Westfall
Davids Holsten Leighton Olson, E. Skare Westrom
Dawkins Huntley Leppik Olson, M. Skoglund Winter
Dehler Jaros Lieder Opatz Slawik Wolf
Delmont Jefferson Lindner Orfield Solberg Workman
Dempsey Jennings Long Osskopp Stanek Spk. Carruthers
Dorn Johnson, A. Luther Otremba Stang
Entenza Johnson, R. Macklin Ozment Sviggum
Erhardt Juhnke Mahon Paulsen Swenson, D.

The bill was passed and its title agreed to.


Journal of the House - 18th Day - Top of Page 424

H. F. No. 179 was reported to the House.

Dehler moved to amend H. F. No. 179, the second engrossment, as follows:

Page 3, lines 18 to 34, delete section 3

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 179, A bill for an act relating to drivers' licenses; providing for designation of advance health care directives on drivers' licenses and Minnesota identification cards; amending Minnesota Statutes 1996, sections 171.06, subdivision 3; and 171.07, subdivision 7.

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:

Abrams Evans Kahn Mares Paulsen Swenson, D.
Anderson, I. Farrell Kalis Mariani Pawlenty Swenson, H.
Bakk Finseth Kelso Marko Paymar Sykora
Bettermann Folliard Kielkucki McCollum Pelowski Tingelstad
Biernat Garcia Kinkel McElroy Peterson Tomassoni
Bishop Goodno Knight McGuire Pugh Tompkins
Boudreau Greenfield Knoblach Milbert Rest Trimble
Bradley Greiling Koppendrayer Molnau Reuter Tuma
Broecker Gunther Koskinen Mulder Rhodes Tunheim
Carlson Haas Kraus Mullery Rifenberg Van Dellen
Chaudhary Harder Krinkie Munger Rostberg Vickerman
Clark Hasskamp Kubly Murphy Schumacher Wagenius
Commers Hausman Kuisle Ness Seagren Weaver
Daggett Hilty Larsen Nornes Seifert Wejcman
Davids Holsten Leighton Olson, E. Sekhon Wenzel
Dawkins Huntley Leppik Olson, M. Skare Westfall
Dehler Jaros Lieder Opatz Skoglund Westrom
Delmont Jefferson Lindner Orfield Slawik Winter
Dempsey Jennings Long Osskopp Solberg Wolf
Dorn Johnson, A. Luther Osthoff Stanek Workman
Entenza Johnson, R. Macklin Otremba Stang Spk. Carruthers
Erhardt Juhnke Mahon Ozment Sviggum

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

GENERAL ORDERS

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


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MOTIONS AND RESOLUTIONS

Skoglund moved that the names of Bishop and Abrams be added as authors on H. F. No. 254. The motion prevailed.

Anderson, I., moved that the name of Leppik be added as an author on H. F. No. 323. The motion prevailed.

Swenson, H., moved that the names of Molnau and Kielkucki be added as authors on H. F. No. 385. The motion prevailed.

McCollum moved that the name of Paulsen be added as an author on H. F. No. 499. The motion prevailed.

Tunheim moved that the name of Bradley be added as an author on H. F. No. 524. The motion prevailed.

Davids moved that the names of Kelso, Carlson, Bettermann and Seagren be added as authors on H. F. No. 607. The motion prevailed.

Bradley moved that the name of Vickerman be added as an author on H. F. No. 750. The motion prevailed.

Carruthers moved that the name of Stanek be added as an author on H. F. No. 996. The motion prevailed.

Trimble moved that the name of Rifenberg be added as an author on H. F. No. 1014. The motion prevailed.

Entenza moved that the names of Ness, Leighton, Tunheim and Bradley be added as authors on H. F. No. 1032. The motion prevailed.

Mulder moved that the name of Swenson, H., be added as an author on H. F. No. 1041. The motion prevailed.

Smith moved that the name of Bettermann be added as an author on H. F. No. 1060. The motion prevailed.

Wenzel moved that the name of Harder be added as chief author on H. F. No. 1068. The motion prevailed.

Carruthers moved that the name of Abrams be added as an author on H. F. No. 1081. The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "Had I been present it was my intention to vote in the negative on Thursday, February 20, 1997, when the vote was taken on the final passage H. F. No. 50." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "Had I been present it was my intention to vote in the affirmative on Thursday, February 20, 1997, when the vote was taken on the final passage of H. F. No. 125." The motion prevailed.

Haas moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 27, 1997, when the vote was taken on the final passage of H. F. No. 219." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "Had I been present it was my intention to vote in the affirmative on Thursday, February 20, 1997, when the vote was taken on the motion to recommend passage of H. F. No. 221, as amended." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "Had I been present it was my intention to vote in the affirmative on Thursday, February 20, 1997, when the vote was taken on the final passage of H. F. No. 473." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "Had I been present it was my intention to vote in the affirmative on Thursday, February 20, 1997, when the vote was taken on the final passage of S. F. No. 264." The motion prevailed.


Journal of the House - 18th Day - Top of Page 426

Entenza moved that H. F. No. 552 be recalled from the Committee on Judiciary and be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.

Entenza moved that H. F. No. 635 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Judiciary. The motion prevailed.

Clark moved that H. F. No. 797 be recalled from the Committee on Education and be re-referred to the Committee on Capital Investment. The motion prevailed.

Murphy moved that H. F. No. 992 be recalled from the Committee on Local Government and Metropolitan Affairs and be re-referred to the Committee on Financial Institutions and Insurance. The motion prevailed.

Dawkins moved that H. F. No. 1017 be recalled from the Committee on Education and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.

Solberg moved that H. F. No. 430, now on the Technical Consent Calendar, be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.

Solberg moved that H. F. No. 609, now on Technical General Orders, be re-referred to the Committee on Transportation and Transit. The motion prevailed.

Larsen moved that H. F. No. 657 be returned to its author. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 5:

McGuire, Skoglund and Bishop.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the following committee assignment:

Ways and Means: Add the name of Abrams, ex officio.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, March 5, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Wednesday, March 5, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives