The House of Representatives convened at 9:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by the Reverend Larry Peterson, Administrator, Maranatha Care Center, Brooklyn Center, Minnesota.
The roll was called and the following members were present:
Abrams | Entenza | Johnson, A. | Mahon | Paulsen | Stang |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Bakk | Evans | Kahn | Marko | Pelowski | Sykora |
Bettermann | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Biernat | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Boudreau | Garcia | Kinkel | Molnau | Reuter | Trimble |
Bradley | Goodno | Knight | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Carlson | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
A quorum was present.
Luther and McElroy 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.
S. F. No. 1378 and H. F. No. 1626, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
McGuire moved that the rules be so far suspended that S. F. No. 1378 be substituted for H. F. No. 1626 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1654 and H. F. No. 1882, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Murphy moved that S. F. No. 1654 be substituted for H. F. No. 1882 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1814 and H. F. No. 1116, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Sekhon moved that the rules be so far suspended that S. F. No. 1814 be substituted for H. F. No. 1116 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2068 and H. F. No. 2706, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kahn moved that the rules be so far suspended that S. F. No. 2068 be substituted for H. F. No. 2706 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2207 and H. F. No. 2401, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Huntley moved that the rules be so far suspended that S. F. No. 2207 be substituted for H. F. No. 2401 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2256 and H. F. No. 2486, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Greiling moved that the rules be so far suspended that S. F. No. 2256 be substituted for H. F. No. 2486 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2269 and H. F. No. 2686, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Munger moved that the rules be so far suspended that S. F. No. 2269 be substituted for H. F. No. 2686 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2274 and H. F. No. 2695, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Tunheim moved that the rules be so far suspended that S. F. No. 2274 be substituted for H. F. No. 2695 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 2316 and H. F. No. 2665, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Juhnke moved that S. F. No. 2316 be substituted for H. F. No. 2665 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 2346 and H. F. No. 2357, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 2346 be substituted for H. F. No. 2357 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 2372 and H. F. No. 2681, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Slawik moved that S. F. No. 2372 be substituted for H. F. No. 2681 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 2378 and H. F. No. 2641, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Rest moved that the rules be so far suspended that S. F. No. 2378 be substituted for H. F. No. 2641 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2445 and H. F. No. 3324, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Ozment moved that the rules be so far suspended that S. F. No. 2445 be substituted for H. F. No. 3324 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2447 and H. F. No. 2786, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 2447 be substituted for H. F. No. 2786 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 2489 and H. F. No. 2757, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Entenza moved that the rules be so far suspended that S. F. No. 2489 be substituted for H. F. No. 2757 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2493 and H. F. No. 3389, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
McGuire moved that the rules be so far suspended that S. F. No. 2493 be substituted for H. F. No. 3389 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 2498 and H. F. No. 2734, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Bishop moved that the rules be so far suspended that S. F. No. 2498 be substituted for H. F. No. 2734 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2581 and H. F. No. 2508, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Bishop moved that S. F. No. 2581 be substituted for H. F. No. 2508 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 2595 and H. F. No. 3051, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Biernat moved that the rules be so far suspended that S. F. No. 2595 be substituted for H. F. No. 3051 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2725 and H. F. No. 3254, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Kahn moved that S. F. No. 2725 be substituted for H. F. No. 3254 and that the House File be indefinitely postponed. The
motion prevailed.
S. F. No. 2730 and H. F. No. 2947, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Hilty moved that the rules be so far suspended that S. F. No. 2730 be substituted for H. F. No. 2947 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2751 and H. F. No. 3459, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Greiling moved that the rules be so far suspended that S. F. No. 2751 be substituted for H. F. No. 3459 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2861 and H. F. No. 3138, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Evans moved that the rules be so far suspended that S. F. No. 2861 be substituted for H. F. No. 3138 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2879 and H. F. No. 3194, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Wenzel moved that the rules be so far suspended that S. F. No. 2879 be substituted for H. F. No. 3194 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2945 and H. F. No. 3442, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Wenzel moved that S. F. No. 2945 be substituted for H. F. No. 3442 and that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 3016 and H. F. No. 3524, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Bakk moved that the rules be so far suspended that S. F. No. 3016 be substituted for H. F. No. 3524 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 3032 and H. F. No. 3355, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Rest moved that the rules be so far suspended that S. F. No. 3032 be substituted for H. F. No. 3355 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 3036 and H. F. No. 2507, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical.
Macklin moved that S. F. No. 3036 be substituted for H. F. No. 2507 and that the House File be indefinitely postponed.
The motion prevailed.
On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members
answered to their names:
Abrams | Entenza | Johnson, A. | Mahon | Pawlenty | Sviggum |
Anderson, B. | Erhardt | Johnson, R. | Mares | Paymar | Swenson, H. |
Anderson, I. | Erickson | Juhnke | Mariani | Pelowski | Sykora |
Bakk | Evans | Kahn | Marko | Peterson | Tingelstad |
Bettermann | Farrell | Kalis | McCollum | Pugh | Tompkins |
Biernat | Finseth | Kelso | McGuire | Rest | Trimble |
Bishop | Folliard | Kielkucki | Milbert | Reuter | Tuma |
Boudreau | Garcia | Kinkel | Molnau | Rhodes | Tunheim |
Bradley | Goodno | Knight | Mulder | Rifenberg | Van Dellen |
Broecker | Greenfield | Knoblach | Mullery | Rostberg | Vandeveer |
Carlson | Greiling | Koskinen | Munger | Rukavina | Wagenius |
Chaudhary | Gunther | Kraus | Murphy | Schumacher | Weaver |
Clark, J. | Haas | Krinkie | Ness | Seagren | Wenzel |
Clark, K. | Harder | Kubly | Nornes | Seifert | Westfall |
Commers | Hasskamp | Kuisle | Olson, E. | Sekhon | Westrom |
Daggett | Hausman | Larsen | Opatz | Skare | Winter |
Davids | Hilty | Leighton | Orfield | Skoglund | Wolf |
Dawkins | Holsten | Leppik | Osskopp | Slawik | Spk. Carruthers |
Dehler | Huntley | Lieder | Osthoff | Smith | |
Delmont | Jaros | Lindner | Otremba, M. | Solberg | |
Dempsey | Jefferson | Long | Ozment | Stanek | |
Dorn | Jennings | Macklin | Paulsen | Stang | |
Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Solberg for the Committee on Ways and Means to which was referred:
H. F. No. 3840, A bill for an act relating to the financing and operation of government in this state; providing property tax rebates; providing property tax reform; making changes to property tax rates, levies, notices, hearings, assessments, exemptions, aids, and credits; providing bonding and levy authority, and other powers to certain political subdivisions; making changes to income, sales, excise, mortgage registry and deed, premiums, and solid waste tax provisions; authorizing the imposition of certain local sales, use, excise, and lodging taxes; modifying provisions relating to the budget reserve and other accounts; making changes to tax increment financing, regional development, housing, and economic development provisions; providing for the taxation of taconite and the distribution of taconite taxes; modifying provisions relating to the taxation and operation of gaming; making miscellaneous changes to state and local tax and administrative provisions; providing for calculation of rent constituting property taxes; changing the senior citizens' property tax deferral program; changing certain fiscal note requirements; establishing a tax study commission; providing for a land transfer; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivisions 3, 4, and 5; 240.15, subdivision 1; 272.02, by adding a subdivision; 273.111, subdivision 9; 273.112, subdivision 7; 273.13, by adding subdivisions; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivision 2; 275.07, by adding a subdivision; 289A.08, subdivision 13; 290.06, subdivision 2c; 290.067, subdivisions 2 and 2a; 290.091, subdivision 2; 290.0921, subdivision 3a; 290.10; 290.21, subdivision 3; 290A.03, subdivision 3; 297A.01, subdivision 8; 297A.02, subdivisions 2 and 4; 297A.135, subdivision 4; 297A.25, by adding subdivisions; 297E.02, subdivisions 1, 4, and 6; 298.225, subdivision 1; 298.28, subdivisions 4, 6, 9, 10, and 11; 360.653; 462.396, subdivision 2; 469.091, subdivision 1; 469.101, subdivision 1; 469.169, by adding a subdivision; 469.174, by adding a subdivision; 469.175, subdivisions 5, 6, 6a, and by adding a subdivision; 469.176, subdivision 7; 469.177, by adding a subdivision; 469.1771, subdivision 5, and by adding a subdivision; 473.3915, subdivisions 2 and 3; 475.58, subdivision 1; 477A.0122, subdivision 6; 477A.03, subdivision 2; 477A.14; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivisions 1 and 2; 16A.152, subdivision 2; 16A.1521; 124.239, subdivisions 5a and 5b; 124.918, subdivision 8; 124.961; 270.67, subdivision 2; 272.02, subdivision 1; 272.115, subdivisions 4 and 5; 273.124, subdivision 14; 273.127, subdivision 3; 273.13, subdivisions 22, 23, 24, 25, as amended, and 31; 273.1382, subdivisions 1 and 3; 275.065, subdivisions 3 and 6; 275.70, subdivision 5, and by adding a subdivision; 275.71, subdivisions 2, 3, and 4; 287.08; 289A.02, subdivision 7; 289A.11, subdivision 1; 289A.19, subdivision 2; 290.01, subdivisions 19, 19a, 19b, 19c, 19f, and 31; 290.0671, subdivision 1; 290.0673, subdivision 2; 290.091, subdivision 6; 290.371, subdivision 2; 290A.03, subdivisions 11, 13, and 15; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, and by adding subdivisions; 290B.05, subdivisions 1, 2, and 4; 290B.06; 290B.07; 290B.08, subdivision 2; 290B.09, subdivision 1; 291.005, subdivision 1; 297A.01, subdivisions 4 and 16; 297A.14, subdivision 4; 297A.25, subdivisions 3, 9, and 11; 297A.256, subdivision 1; 297A.48, by adding a subdivision; 297B.03; 297G.01, by adding a subdivision; 297G.03, subdivision 1; 297H.04, by adding a subdivision; 462A.071, subdivisions 2, 4, and 8; and 477A.011, subdivision 36; Laws 1971, chapter 773, sections 1, as amended, and 2, as amended; Laws 1984, chapter 380, sections 1, as amended, and 2; Laws 1992, chapter 511, articles 2, section 52, as amended; and 8, section 33, subdivision 5; Laws 1994, chapter 587, article 11, by adding a section; Laws 1995, chapter 255, article 3, section 2, subdivisions 1, as amended, and 4, as amended; Laws 1997, chapter 231, articles 1, section 16, as amended; 2, sections 63, subdivision 1, and 68, subdivision 3; 5, section 20; 7, section 47; and 13, section 19; and Laws 1997, Second Special Session chapter 2, section 33; proposing coding for new law in Minnesota Statutes, chapters 16A; 273; 290; and 365A; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; 289A.50, subdivision 6; and 365A.09; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 14.431; 124A.711, subdivision 2; and 273.13, subdivision 32; Laws 1992, chapter 499, article 7, section 31.
Reported the same back with the following amendments:
Page 4, line 9, delete the colon
Page 4, line 10, delete "(1)"
Page 4, line 12, delete the semicolon and insert a period
Page 4, delete lines 13 to 26
Page 10, line 27, delete "$40,190,000" and insert "$39,190,000"
Page 33, line 33, delete "years 2000 and 2001 are" and insert "year 2000 is"
Page 34, lines 27 to 34, delete the new language
Page 44, delete section 2
Page 54, line 33, delete everything after "section"
Page 54, line 34, delete "year,"
Page 54, line 36, after the period, insert "The maximum amount of the appropriation is limited to $1,700,000 for fiscal
year 2000 and $1,500,000 per year for fiscal years 2001 and 2002. In addition, the amount of the appropriation under Laws
1997, Second Special Session chapter 2, section 9, that the commissioner determines will not be spent for the programs
under that section is available to pay the aid amounts under this section."
Page 67, after line 12, insert:
"(c) The levy limit base for a local governmental unit for taxes levied in 1999 is limited to its adjusted levy limit base
in the previous year, subject to adjustments under section 275.72."
Page 67, line 16, after "1998" insert "and 1999"
Page 68, line 2, strike "1997 and" and after "1998" insert "and 1999"
Page 84, after line 34, insert:
"Sec. 34. Laws 1997, chapter 231, article 3, section 9, is amended to read:
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 7 are effective for taxes levied in 1997
Upon compliance with Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Faribault county
or the city of Blue Earth, section 8 is effective for taxes levied in 1997
Page 90, line 29, before the period, insert "and taxes levied in 1999, payable in 2000"
Page 93, delete lines 17 to 28 and insert:
"As a part of the initial application process, the commissioner may require the applicant to submit:
(1) if the property is registered property under chapter 508 or 508A, a copy of the original certificate of title in the
possession of the county registrar of titles, certified by the registrar of titles or a deputy. A copy of the owner's duplicate
certificate of title is not acceptable; and
(2) if the property is abstract property, a copy of the tract index for the property in the office of the county recorder,
certified by the county recorder or a deputy.
The certified copies under clauses (1) and (2) need not include references to any documents filed or recorded more than 30
years prior to the certification date, if the certification so states. The certification date must not be more than 30 days prior
to submission of the application. The county registrar of titles and county recorder may charge the fees they usually charge
for certified copies. If the property is abstract property, the commissioner may also require the applicant to submit a copy
of a credit report prepared by a credit reporting agency acceptable to the commissioner, or other document acceptable to the
commissioner, listing all unsatisfied court judgments against the applicant, or stating that there are none."
Page 158, line 1, strike "Sections" and insert "Section" and strike "and 19 are" and insert "is"
Page 158, line 2, strike "1999" and insert "1998"
Page 158, after line 2, insert:
"Section 19 is effective for purchases and sales after June 30, 1999."
Page 177, delete lines 9 to 14
Page 177, line 16, after "9," insert "12,"
Page 204, line 22, delete "a grant is" and insert "matching funds are"
Page 207, delete lines 13 to 18
Page 207, line 19, delete "3" and insert "2"
Page 207, line 28, delete "4" and insert "3"
Page 207, line 34, delete "5" and insert "4"
Page 208, line 1, delete "6" and insert "5"
Page 208, line 6, delete "7" and insert "6"
Page 212, line 26, after "in" insert "or consisting of"
Page 217, after line 6, insert:
"Sec. 5. Minnesota Statutes 1997 Supplement, section 349.19, subdivision 2a, is amended to read:
Subd. 2a. [TAX REFUND OR CREDIT.] (a) Each organization that receives a refund or credit under section 297E.02,
subdivision 4, paragraph (d), must within four business days of receiving a refund under that paragraph deposit the refund
in the organization's gambling account.
(b) In addition, each organization must calculate 5.26 percent of the sum of the amount of tax it paid under:
(1) section 297E.02, subdivision 1, on gross receipts, less prizes paid, after July 1, 1998; and
(2) section 297E.02, subdivision 6, on combined receipts received after July 1, 1998.
(c) The organization may expend the tax refund or credit issued under section 297E.02, subdivision 4, paragraph
(d), plus the amount calculated under paragraph (b), only for lawful purposes, other than lawful purposes described
in section 349.12, subdivision 25, paragraph (a), clauses (8), (9), and (12). Amounts
Page 222, after line 25, insert:
"Sec. 8. Minnesota Statutes 1996, section 92.46, is amended by adding a subdivision to read:
Subd. 1b. {SALE OF LEASED PROPERTY.] A lessee holding a lease under subdivision 1 on the enactment
date of this subdivision may request that the leased land be sold at public sale. The lessee must submit a written request for
public sale to the commissioner of natural resources by August 1, 1998. The commissioner shall mail notice of this
subdivision to each leaseholder within one month of the enactment date. Notwithstanding section 92.45, the commissioner
of natural resources shall sell leased land at a public sale on a date determined by the commissioner, but in no event later
than February 1, 1999. Notwithstanding section 92.14, notice of sale must be published in the State Register, in a newspaper
of statewide circulation, and in the daily newspaper of the region where the leased land is located."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 26, after "sections" insert "92.46, by adding a subdivision;"
Page 1, line 27, delete everything after the semicolon
Page 1, line 28, delete "subdivision;"
Page 2, line 28, after the semicolon, insert "349.19, subdivision 2a;"
Page 2, line 38, after the first semicolon, insert "3, section 9; "
With the recommendation that when so amended the bill pass.
March 9, 1998
We, the undersigned, being a minority of the Committee on Ways and Means, recommend that H. F. No. 3840 do pass
with the following amendments:
Pages 2 to 34, delete articles 1 and 2 and insert:
PROPERTY TAX REBATE
Section 1. [ADDITIONAL 1997 PROPERTY TAX REBATE.]
(a) For purposes of this section, "1997 rebate" means the credit allowed under Laws 1997, chapter 231, article 1,
section 16, as amended.
(b) Each individual or married couple allowed a 1997 property tax rebate is entitled to a payment equal to 150 percent
of the amount of the 1997 rebate allowed.
(c) As soon as possible after July 1, 1998, but no later than October 15, 1998, the commissioner of revenue shall make
the payments under this section to each individual who has filed a return properly claiming a 1997 rebate by
August 15, 1998. For claims for a 1997 rebate filed after August 15, 1998, the commissioner shall make the payment under
this section no later than 90 days after receipt of the return claiming the rebate. Interest accrues, as provided for refunds
under Minnesota Statutes, chapter 290, beginning on October 15, 1998, for payments based on returns claiming 1997
rebates filed by August 15, 1998, and beginning 90 days after the receipt of the return for all other returns
claiming 1997 rebates.
(d) An amount equal to payments required by this section is appropriated on July 1, 1998, to the commissioner of revenue
from the general fund to make the payments required by this section.
(e) This section is effective the day following final enactment.
Sec. 2. Laws 1997, chapter 231, article 1, section 16, as amended by Laws 1997, First Special Session chapter 5,
section 35, and Laws 1997, Third Special Session chapter 3, section 11, is amended to read:
Sec. 16. [PROPERTY TAX REBATE.]
(a) A credit is allowed against the tax imposed under Minnesota Statutes, chapter 290, to an individual, other than as a
dependent, as defined in sections 151 and 152 of the Internal Revenue Code, disregarding section 152(b)(3) of the Internal
Revenue Code, equal to 20 percent of the qualified property tax paid
(b) For property owned and occupied by the taxpayer during 1997, qualified tax means property taxes payable as defined
in Minnesota Statutes, section 290A.03, subdivision 13, assessed in 1996 and payable in 1997, except the requirement that
the taxpayer own and occupy the property on January 2, 1997, does not apply. The credit is allowed only to the individual
and spouse, if any, who paid the tax, whether directly, through an escrow arrangement, or under a contractual agreement for
the purchase or sale of the property. In the case of agricultural land assessed as part of a homestead pursuant to
Minnesota Statutes, section 273.13, subdivision 23, the owner is allowed to calculate the credit on all property taxes on the
homestead, except to the extent the owner is required to furnish a rent certificate under Minnesota Statutes, section 290A.19,
to a tenant leasing a part of the farm homestead.
(c) For a renter, the qualified property tax means the amount of rent constituting property taxes under Minnesota Statutes,
section 290A.03, subdivision 11, based on rent paid in 1997. If two or more renters could be claimants under Minnesota
Statutes, chapter 290A with regard to the rent constituting property taxes, the rules under Minnesota Statutes,
section 290A.03, subdivision 8, paragraph (f), applies to determine the amount of the credit for the individual.
(d) For an individual who both owned and rented principal residences in calendar year 1997, qualified taxes are the sum
of the amounts under paragraphs (a) and (b).
(e) If the amount of the credit under this subdivision exceeds the taxpayer's tax liability under this chapter, the
commissioner shall refund the excess.
(f) To claim a credit under this subdivision, the taxpayer must attach a copy of the property tax statement and certificate
of rent paid, as applicable, and provide any additional information the commissioner requires.
(g) An amount sufficient to pay refunds under this subdivision is appropriated to the commissioner from the general
fund.
(h) This credit applies to taxable years beginning after December 31, 1996, and before January 1, 1998.
(i) Payment of the credit under this section is subject to Minnesota Statutes, chapter 270A, and any other provision
applicable to refunds under Minnesota Statutes, chapter 290.
Sec. 3. [TRANSFER TO GENERAL FUND.]
Notwithstanding the provisions of Minnesota Statutes, section 16A.1521, paragraph (b), $500,000,000 from the
property tax reform account is available to the general fund in an amount equal to the rebates under section 1. This amount
is available beginning July 1, 1998.
Sec. 4. [APPROPRIATION.]
Up to $1,000,000 of the amount available in section 3 is appropriated from the general fund to the commissioner of
revenue to administer section 1. This amount is available July 1, 1998.
PROPERTY TAX REFORM
Section 1. Minnesota Statutes 1997 Supplement, section 124.315, subdivision 4, is amended to read:
Subd. 4. [INTEGRATION LEVY.] A district may levy an amount equal to
Sec. 2. Minnesota Statutes 1997 Supplement, section 124.315, subdivision 5, is amended to read:
Subd. 5. [INTEGRATION AID.] A district's integration aid equals
Sec. 3. Minnesota Statutes 1997 Supplement, section
273.127, subdivision 3, is amended to read:
Subd. 3. [CLASS 4C PROPERTIES.] For the market value of
properties that meet the criteria of subdivision 2, paragraph (a), and which no
longer qualify as a result of the eligibility criteria specified in section
273.126, a class rate of 2.4 percent applies for taxes payable in 1999 and a
class rate of Sec. 4. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 22, is amended to read:
Subd. 22. [CLASS 1.] (a) Except as provided in
subdivision 23, real estate which is residential and used for homestead purposes
is class 1. The market value of class 1a property must be determined based upon
the value of the house, garage, and land.
(b) Class 1b property includes homestead real estate or
homestead manufactured homes used for the purposes of a homestead by
(1) any blind person, or the blind person and the blind
person's spouse; or
(2) any person, hereinafter referred to as "veteran,"
who:
(i) served in the active military or naval service of the
United States; and
(ii) is entitled to compensation under the laws and
regulations of the United States for permanent and total service-connected
disability due to the loss, or loss of use, by reason of amputation, ankylosis,
progressive muscular dystrophies, or paralysis, of both lower extremities, such
as to preclude motion without the aid of braces, crutches, canes, or a
wheelchair; and
(iii) has acquired a special housing unit with special
fixtures or movable facililties made necessary by the nature of the veteran's
disability, or the surviving spouse of the deceased veteran for as long as the
surviving spouse retains the special housing unit as a homestead; or
(3) any person who:
(i) is permanently and totally disabled and
(ii) receives 90 percent or more of total income from
(A) aid from any state as a result of that disability; or
(B) supplemental security income for the disabled; or
(C) workers' compensation based on a finding of total and
permanent disability; or
(D) social security disabililty, including the amount of
a disability insurance benefit which is converted to an old age insurance
benefit and any subsequent cost of living increases; or
(E) aid under the federal Railroad Retirement Act of
1937, United States Code Annotated, title 45, section 228b(a)5; or
(F) a pension from any local government retirement fund
located in the state of Minnesota as a result of that disability; or
(G) pension, annuity, or other income paid as a result of
that disability from a private pension or disability plan, including employer,
employee, union, and insurance plans and
(iii) has household income as defined in section 290A.03,
subdivision 5, of $50,000 or less; or
(4) any person who is permanently and totally disabled
and whose household income as defined in section 290A.03, subdivision 5, is 275
percent or less of the federal poverty level.
Property is classified and assessed under clause (4) only
if the government agency or income-providing source certifies, upon the request
of the homestead occupant, that the homestead occupant satisfies the disability
requirements of this paragraph.
Property is classified and assessed pursuant to clause
(1) only if the commissioner of economic security certifies to the assessor that
the homestead occupant satisfies the requirements of this paragraph.
Permanently and totally disabled for the purpose of this
subdivision means a condition which is permanent in nature and totally
incapacitates the person from working at an occupation which brings the person
an income. The first $32,000 market value of class 1b property has a net class
rate of .45 percent of its market value. The remaining market value of class 1b
property has a net class rate using the rates for class 1 or class 2a property,
whichever is appropriate, of similar market value.
(c) Class 1c property is commercial use real property
that abuts a lakesjore line and is devoted to temporary and seasonal residential
occupancy for recreational purposes but not devoted to commercial purposes for
more than 250 days in the year preceding the year of assessment, and that
includes a portion used as a homestad by the owner, which includes a dwelling
occupied as a homestead by a shareholder of a corporation that owns the resort
or a partner in a partnership that owns the resort, even if the title to the
homestead is held by the corporation or partnership. For purposes of this
clause, property is devoted to a commercial purpose on a specific day if any
portion of the property, excluding the portion used exclusively as a homestead,
is used for residential occupancy and a fee is charged for residential
occupancy. In order for a property to be classified as class 1c, at least 40
percent of the annual gross lodging receipts related to the property must be
from business conducted between Memorial Day weekend and Labor Day weekend, and
at least 60 percent of all bookings by lodging guests during the year must be
fir periods of at least two consecutive nights. Class 1c property has a class
rate of one percent of total market value with the following limitation: the
area of the property must not exceed 100 feet of lakeshore footage for each
cabin or campsite located on the property up to a total of 800 feet and 500 feet
in depth, measured away from the lakeshore.
(d) Class 1d property includes structures that meet all
of the following criteria:
(1) the structure is located on property that is
classified as agricultural property under section 273.13, subdivision 23;
(2) the structure is occupied exclusively by seasonal
farm workers during the time when they work on that farm, and the occupants are
not charged rent for the privilege of occupying the property, provided that use
of the structure for storage of farm equipment and produce does not disqualify
the property from classification under this paragraph;
(3) the structure meets all applicable health and safety
requirements for the appropriate season; and
(4) the structure is not saleable as residential property
because it does not comply with local ordinances relating to location in
relation to streets or road.
The market value of class 1d property has the same class
rates as class 1a property under paragraph (a).
Sec. 5. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 23, is amended to read:
Subd. 23. [CLASS 2.] (a) Class 2a property is
agricultural land including any improvements that is homesteaded. The market
value of the house and garage and immediately surrounding one acre of land has
the same class rates as class 1a property under subdivision 22. The value if the
remaining land including improvements up to $115,000 has a net class rate of (b) Class 2b property is (1) real estate, rural in
character and used exclusively for growing trees for timber, lumber, and wood
and wood products; (2) real estate that is not improved with a structure and is
used exclusively for growing trees for timber, lumber, and wood and wood
products, if the owner has participated or is participating in a cost-sharing
program for afforestation, reforestation, or timber stand improvement on that
particular property, administered or coordinated by the commissioner of natural
resources; (3) real estate that is nonhomestead agricultlural land; or (4) a
landing area or public access area of a privately owned public use airport.
Class 2b property has a net class rate of (c) Agricultural land as used in this section means
contiguous acreage of ten acres or more, used during the preceding year for
agricultural purposes. "Agricultural purposes" as used in this section meas the
raising or cultivation of agricultural products or enrollment in the Reinvest in
Minnesota program under sections 103F.501 to 103F.535 or the federal
Conservation Reserve Program as contained in Public Law Number 99-198.
Contiguous acreage on the same parcel, or contiguous acreage on an immediately
adjacent parcel under the same ownership, may also qualify as agricultural land,
but only if it is pasture, timber, waste, unusable wild land, or land included
in state or federal farm programs. Agricultural classification for property
shall be determined excluding the house, garage, and immediately surrounding one
acre of land, and shall not be based upon the market value if any rsidential
structures on the parcel or contiguous parcels under the same ownership.
(d) Real estate, excluding the house, garage, and
immediately surrounding one acre of land, of less than ten acres whih is
exclusively and intensively used for raising or cultivating agricultural
products, shall be considered as agricultural land.
Land shall be classified as agricultural even if all or a
portion of the agricultural use of that property is the leasing to, or use by
another person for agricultural purposes.
Classification under this subdivision is not
determinative for qualifying under section 273.111.
The property classification under this section
supersedes, for property tax purposes only, any locally administered
agricultural policies or land use restrictions that define minimum or maximum
farm acreage.
(e) The term "agricultural products" as used in this
subdivision includes production for sale of:
(1) livestock, dairy animals, dairy products, poultry and
poultry products, fur-bearing animals, horticultural and nursery stock described
in sections 18.44 to 18.61, fruit of all kinds, vegetables, forage, grains,
bees, and apiary products by the owner;
(2) fish bred for sale and consumption if the fish
breeding occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the boarding is
done in conjunction with raising or cultivating agricultural products as defined
in clause (1);
(4) property which is owned and operated by nonprofit
organizations used for equestrian activities, excluding racing; and
(5) game birds and waterfowl bred and raised for use on a
shooting preserve licensed under section 97A.115.
(f) If a parcel used for agricultural purposes is also
used for commercial or industrial purposes, including but not limited to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other
goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities
enumerated in clauses (1), (2), and (3),
the assessor shall classify the part of the parcel used
for agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and
the remainder in the class appropriate to its use. The grading, sorting, and
packaging of raw agricultural products for first sale is considered an
agricultural purpose. A greenhouse or other building where horticultural or
nursery products are grown that is also used for the conduct of retail sales
must be classified as agricultural if it is primarily used for the growing of
horticultural or nursery products from seed, cuttings, or roots and occasionally
as a showroom for the retail sale of those products. Use of a greenhouse or
building only for the display of already grown horticultural or nursery products
does not qualify as an agricultural purpose.
The assessor shall determine and list separately on the
records the market value of the homestead dwelling and the one acre of land on
which that dwelling is located. If any farm buildings or structures are located
on this homesteaded acre of land, their market value shall not be included in
this separate determination.
(g) To qualify for classification under paragraph (b),
clause (4), a privately owned public use airport must be licensed as a public
airport under section 360.018. For purposes of paragraph (b), clause (4),
"landing area" means that part of a privately owned public use airport properly
cleared, regularly maintained, and made available to the public for use by
aircraft and includes runways, taxiways, aprons, and sites upon which are
situated landing or navigational aids. A landing area also includes land
underlying both the primary surface and the approach surfaces that comply with
all of the following:
(i) the land is properly cleared and regularly maintained
for the primary purposes of the landing, taking off, and taxiing of aircraft;
but that portion of the land that contains facilities for servicing, repair, or
maintenance of aircraft is not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or residential
purposes.
The land contained in a landing area under paragraph (b),
clause (4), must be described and certified by the commissioner of
transportation. The certification is effective until it is modified, or until
the airport or landing area no longer meets the requirements of paragraph (b),
clause (4). For the purposes of paragraph (b), clause (4), "public access area"
means property used as an aircraft parking ramp, apron, or storage hangar, or an
arrival and departure building in connection with the airport.
Sec. 6. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 24, is amended to read:
Subd. 24. [CLASS 3.] (a) Commercial and industrial
property and utility real and personal property, except class 5 property as
identified in subdivision 31, clause (1), is class 3a. Each parcel has a class
rate of commercial and industrial property owned by the same
person or entity, only the value equal to the first-tier value of the contiguous
parcels qualifies for the reduced class rate. For the purposes of this
subdivision, the first tier means the first $150,000 of market value. In the
case of utility property owned by one person or entity, only one parcel in each
county has a reduced class rate on the first tier of market value.
For purposes of this paragraph, parcels are considered to
be contiguous even if they are separated from each other by a road, street,
vacant lot, waterway, or other similar intervening type of property.
(b) Employment property defined in section 469.166,
during the period provided in section 469.170, shall constitute class 3b and has
a class rate of 2.3 percent of the first $50,000 of market value and (c) Structures which are (i) located on property
classified as class 3a, (ii) constructed under an initial building permit issued
after January 2, 1996, (iii) located in a transit zone as defined under section
473.3915, subdivision 3, (iv) located within the boundaries of a school
district, and (v) not primarily used for retail or transient lodging purposes,
shall have a class rate equal to 85 percent of the class rate of the second tier
of the commercial property rate under paragraph (a) on any portion of the market
value that does not qualify for the first tier class rate under paragraph (a).
As used in item (v), a structure is primarily use for retail or transient
lodging purposes if over 50 percent of its square footage is used for those
purposes. Sec. 7. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 25, as amended by Laws 1997, Third Special Session chapter
3, section 28, is amended to read:
Subd. 25. [CLASS 4.] (a) Class 4a is residential real
estate containing four or more units and used or held for use by the owner or by
the tenants or lessees of the owner as a residence for rental periods of 30 days
or more. Class 4a also includes hospitals licensed under sections 144.50 to
144.56, other than hospitals exempt under section 272.02, and contiguous
property used for hospitals purposes, without regard to whether the property has
been platted or subdivided. Class 4a property in a city with a population of
5,000 or less, that is (1) located outside of the metropolitan area, as defined
in section 473.121, subdivision 2, or outside any county contiguous to the
metropolitan area, and (2) whose city boundary is at least 15 miles from the
boundary of any city with a population greater than 5,000 has a class rate of (b) Class 4b includes:
(1) residential real estate containing less than four
units that does not qualify as class 4bb, other than seasonal residential, and
recreational;
(2) manufactured homes not classified under any other
provision;
(3) a dwelling, garage, and surrounding one acre of
property on a nonhomestead farm classified under subdivision 23, paragraph (b)
containing two or three units;
(4) unimproved property that is classified residential as
determined under section 273.13, subdivision 33.
Class 4b property has a class rate of (c) Class 4bb includes:
(1) nonhomestead residential real estate containing one
unit, other than seasonal residential, and recreational; and
(2) a single family dwelling, garage, and surrounding one
acre of property on a nonhomestead farm classified under subdivision 23,
paragraph (b).
Class 4bb has a class rate of Property that has been classified as seasonal
recreational residential property at any time during which it has been owned by
the current owner or spouse of the current owner does not qualify for class 4bb.
(d) Class 4c property includes:
(1) except as provided in subdivision 22, paragraph (2) qualified property used as a golf course if:
(i) any portion of the property is located within a
county that has a population of less than 50,000, or within a county containing
a golf course owned by a municipality, the county, or a special taxing district;
(ii) it is open to the public on a daily fee basis. It
may charge membership fees or dues, but a membership fee may not be required in
order to use the property for golfing, and its green fees for golfing must be
comparable to green fees typically charged by municipal courses; and
(iii) it meets the requirements of section 273.112,
subdivision 3, paragraph (d).
A structure used as a clubhouse, restaurant, or place of
refreshment in conjunction with the golf course is classified as class 3a
property.
(3) real property up to a maximum of one acre of land
owned by a nonprofit community service oriented organization; provided that the
property is not used for a revenue-producing activity for more than six days in
the calendar year preceding the year of assessment and the property is not used
for residential purposes on either a temporary or permanent basis. For purposes
of this clause, a "nonprofit community service oriented organization" means any
corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, fraternal, civic, or educational
purposes, and which is exempt from federal income taxation pursuant to section
501(c)(3), (10), or (19) of the Internal Revenue Code of 1986, as amended
through December 31, 1990. For purposes of this clause, "revenue-producing
activities" shall include but not be limited to property or that portion of the
property that is used as an on-sale intoxicating liquor or 3.2 percent malt
liquor establishment licensed under chapter 340A, a restaurant open to the
public, bowling alley, a retail store, gambling conducted by organizations
licensed under chapter 349, an insurance business, or office or other space
leased or rented to a lessee who conducts a for-profit enterprise on the
premises. Any portion of the property which is used for revenue-producing
activities for more than six days in the calendar year preceding the year of
assessment shall be assessed as class 3a. The use of the property for social
events open exclusively to members and their guests for periods of less than 24
hours, when an admission is not charged nor any revenues are received by the
organization shall not be considered a revenue-producing activity;
(4) post-secondary student housing of not more than one
acre of land that is owned by a nonprofit corporation organized under chapter
317A and is used exclusively by a student cooperative, sorority, or fraternity
for on-campus housing or housing located within two miles of the border of a
college campus; and
(5) manufactured home parks as defined in section 327.14,
subdivision 3.
Class 4c property has a class rate of 2.1 percent of
market value, except that (i) for each parcel of seasonal residential
recreational property not used for commercial purposes the first $75,000 of
market value has a class rate of (e) Class 4d property is qualifying low-income rental
housing certified to the assessor by the housing finance agency under sections
273.126 and 462A.071. Class 4d includes land in proportion to the total market
value of the building that is qualifying low-income rental housing. For all
properties qualifying as class 4d, the market value determined by the assessor
must be based on the normal approach to value using normal unrestricted rents.
Class 4d property has a class rate of one percent of
market value.
Sec. 8. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 31, is amended to read:
Subd. 31. [CLASS 5.] Class 5 property includes:
(1) tools, implements, and machinery of an electric
generating, transmission, or distribution system or a pipeline system
transporting or distributing water, gas, crude oil, or petroleum products or
mains and pipes used in the distribution of steam or hot or chilled water for
heating or cooling buildings, which are fixtures;
(2) unmined iron ore and low-grade iron-bearing
formations as defined in section 273.14; and
(3) all other property not otherwise classified.
Class 5 property as a class rate of Sec. 9. Minnesota Statutes 1997 Supplement, section
273.13, subdivision 32, is amended to read:
Subd. 32. [TARGET CLASS RATES.] (a) All classes of
property with a class rate of (b) By the fourth Tuesday in January of 1998 and at the
time of submission of the biennial budget under section 16A.11 in each biennium
thereafter, the governor must recommend the class rate schedule for all
properties for taxes payable in 1999 for the schedule submitted in 1998 and for
the following two calendar years in each biennium thereafter. The class rate
schedule must include reductions in the class rates of the classes designated in
paragraph (a) until such time as the target class rates are reached unless the
governor recommends no change in the class rate schedule for all properties. As
part of the recommendation, the governor shall recommend appropriation of monies
from the property tax reform account under section 16A.1521 and include within
the budget additional funding for the education homestead credit, the property
tax refund under chapter 290A and education aids under chapters 124 and 124A to
the extent those aids will be used to reduce property tax levies. The governor
may propose alternative programs to prevent taxes of classes other than those
designated in paragraph (a) from increasing as a result of the governor's
recommended class rate schedule.
Sec. 10. Minnesota Statutes 1997 Supplement, section
273.1382, subdivision 1, is amended to read:
Subdivision 1. [EDUCATION HOMESTEAD CREDIT.] Each year,
beginning with property taxes payable in 1998, the respective county auditors
shall determine the initial tax rate for each school district for the general
education levy certified under section 124A.23, subdivision 2 or 3. That rate
plus the school district's education homestead credit tax rate adjustment under
section 275.08, subdivision 1e, shall be the general education homestead credit
local tax rate for the district. The auditor shall then determine a general
education homestead credit for each homestead within the county equal to Sec. 11. Minnesota Statutes 1996, section 273.1398,
subdivision 2, is amended to read:
Subd. 2. [HOMESTEAD AND AGRICULTURAL CREDIT AID.]
Homestead and agricultural credit aid for each unique taxing jurisdiction equals
the product of (1) the homestead and agricultural credit aid base, and (2) the
growth adjustment factor, plus the net tax capacity adjustment and the fiscal
disparity adjustment. Beginning with homestead and
agricultural credit aid payable in 2000, each county that receives an amount in
calendar year 2000 under section 477A.0122 as a result of the appropriation in
section 477A.03, subdivision 2, paragraph (c), clause (3), shall have its
homestead and agricultural credit aid permanently reduced by an equal
amount.
Sec. 12. Minnesota Statutes 1997 Supplement, section
290A.03, subdivision 11, is amended to read:
Subd. 11. [RENT CONSTITUTING PROPERTY TAXES.] "Rent
constituting property taxes" means Sec. 13. Minnesota Statutes 1997 Supplement, section
290A.03, subdivision 13, is amended to read:
Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes
payable" means the property tax exclusive of special assessments, penalties, and
interest payable on a claimant's homestead after deductions made under sections
273.135, 273.1382, 273.1391, 273.42, subdivision 2, and any other state paid
property tax credits in any calendar year. In the case
of a claimant who makes ground lease payments, "property
taxes payable" includes the amount of the payments directly attributable to the
property taxes assessed against the parcel on which the house is located. No
apportionment or reduction of the "property taxes payable" shall be required for
the use of a portion of the claimant's homestead for a business purpose if the
claimant does not deduct any business depreciation expenses for the use of a
portion of the homestead in the determination of federal adjusted gross income.
For homesteads which are manufactured homes as defined in section 273.125,
subdivision 8, and for homesteads which are park trailers taxed as manufactured
homes under section 168.012, subdivision 9, "property taxes payable" shall also
include taxes are considered payable in the year prescribed by
law for payment of the taxes.
In the case of a claim relating to "property taxes
payable," the claimant must have owned and occupied the homestead on January 2
of the year in which the tax is payable and (i) the property must have been
classified as homestead property pursuant to section 273.124, on or before
December 15 of the assessment year to which the"property taxes payable" relate;
or (ii) the claimant must provide documentation from the local assessor that
application for homestead classification has been made on or before December 15
of the year in which the "property taxes payable" were payable and that the
assessor has approved the application.
Sec. 14. Minnesota Statutes 1996, section 477A.0122,
subdivision 6, is amended to read:
Subd. 6. [REPORT.] On or before March 15 of the year
following the year in which the distributions under this section are received,
each county shall file with the commissioner of revenue and commissioner of
human services a report on prior year expenditures for out-of-home placement and
family preservation, including expenditures under this section. For the human services programs specified in this section,
the commissioner of revenue and commissioner of human services, in consultation
with representatives of county governments, shall make a recommendation to the
1999 legislature as to which current reporting requirements imposed on county
governments, if any, may be eliminated, replaced, or consolidated on the report
established by this section. For aid payable in calendar year 2000 and
thereafter, each county shall provide information on the amount of state aid,
local property tax revenue, and federal aid expended by that county on the
programs specified in this section using the consolidated financial report
recommended by the commissioner of revenue and commissioner of human services
under this subdivision.
Sec. 15. Minnesota Statutes 1996, section 477A.03,
subdivision 2, is amended to read
Subd. 2. [ANNUAL APPROPRIATION.] (a) A sum sufficient to discharge the duties imposed by
sections 477A.011 to 477A.014 is annually appropriated from the general fund to
the commissioner of revenue. For aids payable in 1996 and thereafter, the total
aids paid under (b) For aid payable in 1998
and thereafter, the total aids paid under section 477A.0121 are the amounts
certified to be paid in the previous year, adjusted for inflation as provided
under subdivision 3.
(c) For aid payable in 2000, the
total aid payments under section 477A.0122 are the sum of:
(1) the amounts certified to be paid in the previous
year, adjusted for inflation as provided in subdivision 3; plus
(2) $20,000,000; plus
(3) $10,000,000.
For aid payable in 2001 and thereafter, the total aid
payments under section 477A.0122 are the amounts certified to be paid in the
previous year, adjusted for inflation as provided in subdivision 3.
Sec. 16. [APPROPRIATIONS.]
(a) [SHIFT RECOGNITION
APPROPIATION.] In addition to any amounts appropriated by
other law, $3,900,000 is appropriated to the commisssioner of children,
families, and learning in fiscal year 1999 to fund early recognition of
educational aid.
(b) [EDUCATION LEVY REDUCTION APPROPRIATION.] In addition to any amount
appropriated by other law, $55,000,000 is appropriated to the commissioner of
children, families, and learning in fiscal year 2000 and thereafter to fund a
reduction in the statewide general education property tax levy.
Sec. 17. [INSTRUCTION TO REVISOR.]
In the next edition of the
Minnesota Statutes, the revisor of statutes shall correct references to class 4e
properties so that the statutes properly reflect the changes made to Minnesota
Statutes, section 273.13, by this article.
Sec. 18. [REPEALER.]
Minnesota Statutes 1996, sections
273.11, subdivisions 6a and 15; and 273.124, subdivision 17, are repealed.
Sec. 19. [EFFECTIVE DATE.]
Sections 1, 3 to 10, and 18 are
effective for taxes payable in 1999 and thereafter. Section 2 is effective for
aid paid in fiscal year 2000 and thereafter. Sections 11 and 15 are effective
for aid payable in 2000 and thereafter. Sections 12 and 13 are effective for
rents paid in 1998 and thereafter. Sections 16 and 17 are effective the day
following final enactment.
INCOME TAX RATES
Subd. 2c. [SCHEDULES OF RATES FOR INDIVIDUALS, ESTATES,
AND TRUSTS.] (a) The income taxes imposed by this chapter upon married
individuals filing joint returns and surviving spouses as defined in section
2(a) of the Internal Revenue Code must be computed by applying to their taxable
net income the following schedule of rates:
(1) On the first (2) On all over (3) On all over Married individuals filing separate returns, estates, and
trusts must compute their income tax by applying the above rates to their
taxable income, except that the income brackets will be one-half of the above
amounts.
(b) The income taxes imposed by this chapter upon
unmarried individuals must be computed by applying to taxable net income the
following schedule of rates:
(1) On the first (2) On all over (3) On all over (c) The income taxes imposed by this chapter upon
unmarried individuals qualifying as a head of household as defined in section
2(b) of the Internal Revenue Code must be computed by applying to taxable net
income the following schedule of rates:
(1) On the first (2) On all over (3) On all over (d) In lieu of a tax computed according to the rates set
forth in this subdivision, the tax of any individual taxpayer whose taxable net
income for the taxable year is less than an amount determined by the
commissioner must be computed in accordance with tables prepared and issued by
the commissioner of revenue based on income brackets of not more than $100. The
amount of tax for each bracket shall be computed at the rates set forth in this
subdivision, provided that the commissioner may disregard a fractional part of a
dollar unless it amounts to 50 cents or more, in which case it may be increased
to $1.
(e) An individual who is not a Minnesota resident for the
entire year must compute the individual's Minnesota income tax as provided in
this subdivision. After the application of the nonrefundable credits provided in
this chapter, the tax liability must then be multiplied by a fraction in which:
(1) The numerator is the individual's Minnesota source
federal adjusted gross income as defined in section 62 of the Internal Revenue
Code increased by the addition required for interest income from non-Minnesota
state and municipal bonds under section 290.01, subdivision 19a, clause (1),
after applying the allocation and assignability provisions of section 290.081,
clause (a), or 290.17; and
(2) the denominator is the individual's federal adjusted
gross income as defined in section 62 of the Internal Revenue Code of 1986, as
amended through April 15, 1995, increased by the addition required for interest
income from non-Minnesota state and municipal bonds under section 290.01,
subdivision 19a, clause (1).
Sec. 2. Minnesota Statutes 1996, section 290.06,
subdivision 2d, is amended to read:
Subd. 2d. [INFLATION ADJUSTMENT OF BRACKETS.] (a) For
taxable years beginning after December 31, (b) The commissioner shall adjust the rate brackets and
by the percentage determined pursuant to the provisions of section 1(f) of the
Internal Revenue Code, except that in section 1(f)(3)(B) the word " No later than December 15 of each year, the commissioner
shall announce the specific percentage that will be used to adjust the tax rate
brackets.
Sec. 3. Minnesota Statutes 1996, section 290.091,
subdivision 1, is amended to read:
Subdivision 1. [IMPOSITION OF TAX.] In addition to all
other taxes imposed by this chapter a tax is imposed on individuals, estates,
and trusts equal to the excess (if any) of
(a) an amount equal to (b) the regular tax for the taxable year.
Sec. 4. Minnesota Statutes 1996, section 290.091,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of the tax imposed
by this section, the following terms have the meanings given:
(a) "Alternative minimum taxable income" means the sum of
the following for the taxable year:
(1) the taxpayer's federal alternative minimum taxable
income as defined in section 55(b)(2) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in
computing federal alternative minimum taxable income, but excluding the
Minnesota charitable contribution deduction and the medical expense deduction;
(3) for depletion allowances computed under section
613A(c) of the Internal Revenue Code, with respect to each property (as defined
in section 614 of the Internal Revenue Code), to the extent not included in
federal alternative minimum taxable income, the excess of the deduction for
depletion allowable under section 611 of the Internal Revenue Code for the
taxable year over the adjusted basis of the property at the end of the table
year (determined without regard to the depletion deduction for the taxable
year);
(4) to the extent not included in federal alternative
minimum taxable income, the amount of the tax preference for intangible drilling
cost under section 57(a) (2) of the Internal Revenue Code determined without
regard to subparagraph (E);
(5) to the extent not included in federal alternative
minimum taxable income, the amount of interest income as provided by section
290.01, subdivision 19a, clause (1);
less the sum of the amounts determined under the
following clauses (1) to (3):
(1) interest income as defined in section 290.01,
subdivision 19b, clause (1);
(2) an overpayment of state income tax as provided by
section 290.01, subdivision 19b, clause (2), to the extent included in federal
alternative minimum taxable income; and
(3) the amount of investment interest paid or accrued
within the taxable year on indebtedness to the extent that the amount does not
exceed net investment income, as defined in section 163(d)(4) of the Internal
Revenue Code. Interest does not include amounts deducted in computing federal
adjusted gross income.
In the case of an estate or trust, alternative minimum
taxable income must be computed as provided in section 59(c) of the Internal
Revenue Code.
(b) "Investment interest" means investment interest as
defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Tentative minimum tax" equals and, 1998, and 1999, payable in 1998
and, 1999, and 2000.and, 1998, and 1999 in the
county or city that approves it."received as refunds or allowed
as credits subject to this paragraph must be spent for qualifying lawful purposes no later than one year after
the refund or credit is received or the tax savings calculated under paragraph (b)."in calendar year 1997 before January 1,
1998, for taxes assessed in 1996.46 28 percent of the district's
integration revenue as defined in subdivision 3.54 72 percent of the district's
integration revenue as defined in subdivision 3.2.6 2.5
percent applies for taxes payable in 2000.
For taxes payable in 1998 and
thereafter, The first $75,000 of market value of class 1a property has a net
class rate of one percent of its market value; and the market value of class 1a
property that exceeds $75,000 has a class rate of 1.85 1.7 percent of its
market value.
0.4 0.35 percent of market
value. The remaining value of class 2a property over $115,000 of market value
that does not exceed 320 acres has a net class rate of 0.9 0.8 percent of market
value. The remaining property over the $115,000 market value in excess of 320
acres has a class rate of 1.4 1.3 percent of market value.
1.4 1.3 percent of market value.
2.7 2.5 percent of
the first tier of market value, and 4.0 3.5 percent of the remaining market value, except that
in the case of contiguous parcels of
3.6 3.5 percent of the
remainder, except that for employment property located in a border city
enterprise zone designated pursuant to section 469.168, subdivision 4, paragraph
(c), the class rate of the first tier of market value and the class rate of the
remainder is determined under paragraph (a), unless the governing body of the
city designated as an enterprise zone determines that a specific parcel shall be
assessed pursuant to the first clause of this sentence. The governing body may
provide for assessment under the first clause of the preceding sentence only for
property which is located in an area which has been designated by the governing
body for the receipt of tax reductions authorized by section 469.171,
subdivision 1.
The four percent rate A class rate equal to 85 percent of the class rate of the
second tier of the commercial property rate under paragraph (a) shall also
apply to improvements to existing structures that meet the requirements of items
(i) to (v) if the improvements are constructed under an initial building permit
issued after January 2, 1996, even if the remainder of the structure was
constructed prior to January 2, 1996. For the purposes of this paragraph, a
structure shall be considered to be located in a transit zone if any portion of
the structure lies within the zone. If any property once eligible for treatment
under this paragraph ceases to remain eligible due to revisions in transit zone
boundaries, the property shall continue to receive treatment under this
paragraph for a period of three years.
2.3 2.15 percent of market
value. All other class 4a property has a class rate of 2.9 2.5 percent of market
value. For purposes of this paragraph, population has the same meaning given in
section 477A.011, subdivision 3.
2.1 1.7 percent of market
value.
1.9 1.25 percent on the first
$75,000 of market value and a class rate of 2.1 1.7 percent of its market value that exceeds $75,000.
(c) (b), real property
devoted to temporary and seasonal residential occupancy for recreation purposes,
including real property devoted to temporary and seasonal residential occupancy
for recreation purposes and not devoted to commercial purposes for more than 250
days in the year preceding the year of assessment. For purposes of this clause,
property is devoted to a commercial purpose on a specific day if any portion of
the property is used for residential occupancy, and a fee is charged for
residential occupancy. In order for a property to be classified as class 4c,
seasonal recreational residential for commercial purposes, at least 40 percent
of the annual gross lodging receipts related to the property must be from
business conducted between Memorial Day weekend and Labor Day weekend and at
least 60 percent of all bookings by lodging guests during the year must be for
periods of at least two consecutive nights. Class 4c also includes commercial
use real property used exclusively for recreational purposes in conjunction with
class 4c property devoted to temporary and seasonal residential occupancy for
recreational purposes, up to a total of two acres, provided the property is not
devoted to commercial recreational use for more than 250 days in the year
preceding the year of assessment and is located within two miles of the class 4c
property with which it is used. Class 4c property classified in this clause also
includes the remainder of class 1c resorts. Owners of real property devoted to
temporary and seasonal residential occupancy for recreation purposes and all or
a portion of which was devoted to commercial purposes for not more than 250 days
in the year preceding the year of assessment desiring classification as class 1c
or 4c, must submit a declaration to the assessor designating the cabins or units
occupied for 250 days or less in the year preceding the year of assessment by
January 15 of the assessment year. Those cabins or units and a proportionate
share of the land on which they are located will be designated class 1c or 4c as
otherwise provided. The remainder of the cabins or units and a proportionate
share of the land on which they are located will be designated as class 3a. The
owner of property desiring designation as class 1c or 4c property must provide
guest registers or other records demonstrating that the units for which class 1c
or 4c designation is sought were not occupied for more than 250 days in the year
preceding the assessment if so requested. The portion of a property operated as
a (1) restaurant, (2) bar, (3) gift shop, and (4) other nonresidential facility
operated on a commercial basis not directly related to temporary and seasonal
residential occupancy for recreation purposes shall not qualify for class 1c or
4c;
1.4 1.3 percent, and the market value that exceeds $75,000
has a class rate of 2.5 2.3 percent, and (ii) manufactured home parks assessed
under clause (5) have a class rate of two percent.
(f) Class 4e property consists of
the residential portion of any structure located within a city that was
converted from nonresidential use to residential use, provided that:
(1) the structure had formerly
been used as a warehouse;
(2) the structure was originally
constructed prior to 1940;
(3) the conversion was done after
December 31, 1995, but before January 1, 2003, and
(4) the conversion involved an
investment of at least $25,000 per residential unit.
Class 4e property has a class rate
of 2.3 percent, provided that a structure is eligible for class 4e
classification only in the 12 assessment years immediately following the
conversion.
4.0 3.5 percent of market
value for taxes payable in 1998 1999 and thereafter.
4 four percent for taxes payable in
1998 have a target class rate of 3.5 three percent. Class 4a shall have a target class rate
of 2.5 two percent. Class
4bb has a target class rate of 1.25 one percent of the first $75,000 of market value and a
target class rate of 1.85 1.5 percent of the market value in excess of $75,000.
32 52 percent of the general
education homestead credit local tax rate times the net tax capacity of the
homestead for the taxes payable year. The amount of general education homestead
credit for a homestead may not exceed $225 $290. In the case of an agricultural homestead, only the
net tax capacity of the house, garage, and surrounding one acre of land shall be
used in determining the property's education homestead credit.
18 19 percent of the gross rent actually paid in cash, or
its equivalent, or a portion of rent paid in lieu of property taxes, in any
calendar year by a claimant for the right of occupancy of the claimant's
Minnesota homestead in the calendar year, and which rent constitutes the basis,
in the succeeding calendar year of a claim for relief under this chapter by the
claimant.
18 19 percent of
the gross rent paid in the preceding year for the site on which the homestead is
located. When a homestead is owned by two or more persons as joint tenants or
tenants in common, such tenants shall determine between them which tenant may
claim the property taxes payable on the homestead. If they are unable to agree,
the matter shall be referred to the commissioner of revenue whose decision shall
be final. Property
sections section 477A.013, subdivision 9, and 477A.0122 are the amounts certified to be paid in
the previous year, adjusted for inflation as provided under subdivision 3. Aid payments to counties under section 477A.0121 are limited
to $20,265,000 in 1996. Aid payments to counties under section 477A.0121 are
limited to $27,571,625 in 1997.
$19,910 $33,920, 6 5.5 percent;
$19,910 $33,920, but not over $79,120
$111,460, 8 7.5 percent;
$79,120 $111,460, 8.5 percent.
$13,620 $16,960, 6 5.5 percent;
$13,620 $16,960, but not over $44,750
$55,730, 8 7.5 percent;
$44,750 $55,730, 8.5 percent.
$16,770 $20,890, 6 5.5 percent;
$16,770 $20,890, but not over $67,390
$83,930, 7.5 percent.
$67,390 $83,930, 8.5 percent.
1991 1998, the minimum and maximum dollar amounts for each
rate bracket for which a tax is imposed in subdivision 2c shall be adjusted for
inflation by the percentage determined under paragraph (b). For the purpose of
making the adjustment as provided in this subdivision all of the rate brackets
provided in subdivision 2c shall be the rate brackets as they existed for
taxable years beginning after December 31, 1990 1997, and before January 1, 1992 1999. The rate
applicable to any rate bracket must not be changed. The dollar amounts setting
forth the tax shall be adjusted to reflect the changes in the rate brackets. The
rate brackets as adjusted must be rounded to the nearest $10 amount. If the rate
bracket ends in $5, it must be rounded up to the nearest $10 amount.
1990 1997" shall be
substituted for the word "1987 1992." For 1991 1998, the commissioner shall then determine the percent
change from the 12 months ending on August 31, 1990
1997, to the 12 months ending on August 31, 1991 1998, and in each
subsequent year, from the 12 months ending on August 31, 1990 1997, to the 12 months
ending on August 31 of the year preceding the taxable year. The determination of
the commissioner pursuant to this subdivision shall not be considered a "rule"
and shall not be subject to the administrative procedure act contained in
chapter 14.
seven
6.8 percent of alternative minimum taxable income
after subtracting the exemption amount, over
seven 6.8 percent of
alternative minimum taxable income after subtracting the exemption amount
determined under subdivision 3.
Anderson, I. | Farrell | Jennings | Long | Osthoff | Skoglund |
Bakk | Folliard | Johnson, A. | Mahon | Otremba, M. | Solberg |
Biernat | Garcia | Johnson, R. | Mariani | Paymar | Tomassoni |
Carlson | Greenfield | Juhnke | Marko | Pelowski | Trimble |
Chaudhary | Greiling | Kahn | McCollum | Peterson | Tunheim |
Clark, K. | Hasskamp | Kalis | McGuire | Pugh | Wagenius |
Dawkins | Hausman | Kelso | Milbert | Rest | Wejcman |
Delmont | Hilty | Koskinen | Munger | Rukavina | Wenzel |
Dorn | Huntley | Kubly | Murphy | Schumacher | Winter |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8122 |
|||||
Entenza | Jaros | Leighton | Olson, E. | Sekhon | Spk. Carruthers |
Evans | Jefferson | Lieder | Orfield | Skare | |
Those who voted in the negative were:
Abrams | Dehler | Knight | Mulder | Rostberg | Tuma |
Anderson, B. | Dempsey | Knoblach | Ness | Seagren | Van Dellen |
Bettermann | Erhardt | Kraus | Nornes | Seifert | Vandeveer |
Bishop | Erickson | Krinkie | Olson, M. | Smith | Weaver |
Boudreau | Finseth | Kuisle | Osskopp | Stanek | Westfall |
Bradley | Goodno | Larsen | Ozment | Stang | Westrom |
Broecker | Gunther | Leppik | Paulsen | Sviggum | Wolf |
Clark, J. | Haas | Lindner | Pawlenty | Swenson, H. | Workman |
Commers | Harder | Macklin | Reuter | Sykora | |
Daggett | Holsten | Mares | Rhodes | Tingelstad | |
Davids | Kielkucki | Molnau | Rifenberg | Tompkins | |
The motion prevailed and the Minority Report on H. F. No. 3840 was laid on the table.
The question recurred on the adoption of the Majority Report from the Committee on Ways and Means relating to H. F. No. 3840. The Majority Report on H. F. No. 3840 was adopted.
H. F. No. 3840 was read for the second time.
S. F. Nos. 1378, 1654, 1814, 2068, 2207, 2256, 2269, 2274, 2316, 2346, 2372, 2378, 2445, 2447, 2489, 2493, 2498, 2581, 2595, 2725, 2730, 2751, 2861, 2879, 2945, 3016, 3032 and 3036 were read for the second time.
The following House File was introduced:
Entenza, Wagenius, Winter, and Milbert introduced:
H. F. No. 3841, A bill for an act relating to commerce; eliminating retroactive exemption from the franchise law of agreements between air carriers; amending Laws 1997, chapter 222, section 61.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3354:
Abrams | Farrell | Johnson, R. | Marko | Paymar | Stanek |
Anderson, I. | Folliard | Juhnke | McCollum | Pelowski | Tomassoni |
Bakk | Garcia | Kahn | McGuire | Peterson | Trimble |
Biernat | Greenfield | Kalis | Milbert | Pugh | Tunheim |
Carlson | Greiling | Kelso | Mullery | Rest | Wagenius |
Chaudhary | Hasskamp | Kinkel | Munger | Rostberg | Wejcman |
Clark, K. | Hausman | Koskinen | Murphy | Rukavina | Wenzel |
Dawkins | Hilty | Kubly | Ness | Schumacher | Winter |
Delmont | Huntley | Leighton | Olson, E. | Sekhon | Spk. Carruthers |
Dorn | Jaros | Lieder | Opatz | Skare | |
Entenza | Jefferson | Long | Orfield | Skoglund | |
Erhardt | Jennings | Mahon | Otremba, M. | Slawik | |
Evans | Johnson, A. | Mariani | Ozment | Solberg | |
Anderson, B. | Dehler | Knight | Molnau | Rifenberg | Tuma |
Bettermann | Dempsey | Knoblach | Mulder | Seagren | Van Dellen |
Bishop | Erickson | Kraus | Nornes | Seifert | Vandeveer |
Boudreau | Finseth | Krinkie | Olson, M. | Smith | Weaver |
Bradley | Goodno | Kuisle | Osskopp | Stang | Westfall |
Broecker | Gunther | Larsen | Osthoff | Sviggum | Westrom |
Clark, J. | Haas | Leppik | Paulsen | Swenson, H. | Wolf |
Commers | Harder | Lindner | Pawlenty | Sykora | Workman |
Daggett | Holsten | Macklin | Reuter | Tingelstad | |
Davids | Kielkucki | Mares | Rhodes | Tompkins | |
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 668, A bill for an act relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety; proposing coding for new law as Minnesota Statutes, chapter 182A.
Patrick E. Flahaven, Secretary of the Senate
Seagren moved that the House concur in the Senate amendments to H. F. No. 668 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 668, A bill for an act relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety; proposing coding for new law as Minnesota Statutes, chapter 182A.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 110 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, A. | Mariani | Pelowski | Tingelstad |
Anderson, I. | Erickson | Johnson, R. | Marko | Peterson | Tomassoni |
Bakk | Evans | Juhnke | McCollum | Pugh | Tompkins |
Bettermann | Farrell | Kahn | McGuire | Rest | Trimble |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8125 |
|||||
Biernat | Folliard | Kalis | Milbert | Reuter | Tuma |
Boudreau | Garcia | Kelso | Molnau | Rhodes | Tunheim |
Broecker | Greenfield | Kielkucki | Mullery | Rostberg | Van Dellen |
Carlson | Greiling | Kinkel | Munger | Rukavina | Wagenius |
Chaudhary | Gunther | Koskinen | Murphy | Schumacher | Weaver |
Clark, J. | Haas | Kraus | Nornes | Seagren | Wejcman |
Clark, K. | Harder | Kubly | Olson, E. | Sekhon | Wenzel |
Commers | Hasskamp | Larsen | Opatz | Skare | Westrom |
Daggett | Hausman | Leighton | Orfield | Skoglund | Winter |
Davids | Hilty | Leppik | Osthoff | Slawik | Wolf |
Dawkins | Holsten | Lieder | Otremba, M. | Smith | Spk. Carruthers |
Delmont | Huntley | Long | Ozment | Solberg | |
Dempsey | Jaros | Macklin | Paulsen | Stanek | |
Dorn | Jefferson | Mahon | Pawlenty | Stang | |
Entenza | Jennings | Mares | Paymar | Sykora | |
Those who voted in the negative were:
Anderson, B. | Finseth | Krinkie | Ness | Seifert | Westfall |
Bishop | Goodno | Kuisle | Olson, M. | Sviggum | Workman |
Bradley | Knight | Lindner | Osskopp | Swenson, H. | |
Dehler | Knoblach | Mulder | Rifenberg | Vandeveer | |
The bill was repassed, as amended by the Senate, and its title agreed to.
Kahn moved that the call of the House be suspended. The motion prevailed and it was so ordered.
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. 2601, A bill for an act relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale; amending Minnesota Statutes 1996, section 514.15; Minnesota Statutes 1997 Supplement, section 337.10, subdivisions 2 and 3.
Patrick E. Flahaven, Secretary of the Senate
Mullery moved that the House concur in the Senate amendments to H. F. No. 2601 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2601, A bill for an act relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale; amending Minnesota Statutes 1996, section 514.15; Minnesota Statutes 1997 Supplement, section 337.10, subdivisions 2 and 3.
The bill was read for the third time, as amended by the
Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and
the roll was called. There were 130 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Mares | Paymar | Swenson, H. |
Anderson, B. | Erickson | Juhnke | Mariani | Pelowski | Sykora |
Anderson, I. | Evans | Kahn | Marko | Peterson | Tingelstad |
Bakk | Farrell | Kalis | McCollum | Pugh | Tomassoni |
Bettermann | Finseth | Kelso | McGuire | Rest | Tompkins |
Biernat | Folliard | Kielkucki | Milbert | Reuter | Trimble |
Bishop | Garcia | Kinkel | Molnau | Rhodes | Tuma |
Boudreau | Goodno | Knight | Mulder | Rifenberg | Tunheim |
Bradley | Greenfield | Knoblach | Mullery | Rostberg | Van Dellen |
Broecker | Greiling | Koskinen | Munger | Rukavina | Vandeveer |
Carlson | Gunther | Kraus | Murphy | Schumacher | Wagenius |
Chaudhary | Haas | Krinkie | Nornes | Seagren | Weaver |
Clark, J. | Harder | Kubly | Olson, E. | Seifert | Wejcman |
Clark, K. | Hasskamp | Kuisle | Olson, M. | Sekhon | Wenzel |
Commers | Hausman | Larsen | Opatz | Skare | Westfall |
Daggett | Hilty | Leighton | Orfield | Skoglund | Westrom |
Davids | Holsten | Leppik | Osskopp | Slawik | Winter |
Dawkins | Huntley | Lieder | Osthoff | Smith | Wolf |
Dehler | Jaros | Lindner | Otremba, M. | Solberg | Workman |
Delmont | Jefferson | Long | Ozment | Stanek | Spk. Carruthers |
Dempsey | Jennings | Macklin | Paulsen | Stang | |
Dorn | Johnson, A. | Mahon | Pawlenty | Sviggum | |
Those who voted in the negative were:
Ness
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2612, A bill for an act relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Jennings moved that the House concur in the Senate amendments to H. F. No. 2612 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2612, A bill for an act relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.
The bill was read for the third time, as amended by the
Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and
the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, A. | Mahon | Paulsen | Stang |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Bakk | Evans | Kahn | Marko | Pelowski | Sykora |
Bettermann | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Biernat | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Boudreau | Garcia | Kinkel | Molnau | Reuter | Trimble |
Bradley | Goodno | Knight | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Carlson | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.
Patrick E. Flahaven, Secretary of the Senate
Garcia moved that the House concur in the Senate amendments to H. F. No. 3250 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.
The bill was read for the third time, as amended by the
Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and
the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Anderson, B. | Erhardt | Johnson, R. | Mares | Paymar | Swenson, H. |
Anderson, I. | Erickson | Juhnke | Mariani | Pelowski | Sykora |
Bakk | Evans | Kahn | Marko | Peterson | Tingelstad |
Bettermann | Farrell | Kalis | McCollum | Pugh | Tomassoni |
Biernat | Finseth | Kelso | McGuire | Rest | Tompkins |
Bishop | Folliard | Kielkucki | Milbert | Reuter | Trimble |
Boudreau | Garcia | Kinkel | Molnau | Rhodes | Tuma |
Bradley | Goodno | Knight | Mulder | Rifenberg | Tunheim |
Broecker | Greenfield | Knoblach | Mullery | Rostberg | Van Dellen |
Carlson | Greiling | Koskinen | Munger | Rukavina | Vandeveer |
Chaudhary | Gunther | Kraus | Murphy | Schumacher | Wagenius |
Clark, J. | Haas | Krinkie | Ness | Seagren | Weaver |
Clark, K. | Harder | Kubly | Nornes | Seifert | Wejcman |
Commers | Hasskamp | Kuisle | Olson, E. | Sekhon | Wenzel |
Daggett | Hausman | Larsen | Olson, M. | Skare | Westfall |
Davids | Hilty | Leighton | Opatz | Skoglund | Westrom |
Dawkins | Holsten | Leppik | Orfield | Slawik | Winter |
Dehler | Huntley | Lieder | Osskopp | Smith | Wolf |
Delmont | Jaros | Lindner | Otremba, M. | Solberg | Workman |
Dempsey | Jefferson | Long | Ozment | Stanek | Spk. Carruthers |
Dorn | Jennings | Macklin | Paulsen | Stang | |
Entenza | Johnson, A. | Mahon | Pawlenty | Sviggum | |
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2351, A bill for an act relating to natural resources; adding to and deleting from state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Vickerman, Stumpf and Mrs. Pariseau.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Kalis moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2351. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2684, 2382 and 3011.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2684, A bill for an act relating to crime; providing criminal penalties for whoever violates an order for protection/minor respondent; extending a pilot program in the fourth judicial district; prohibiting violators of those orders from possessing firearms; clarifying service of notice under the harassment restraining order law; amending Minnesota Statutes 1996, section 609.748, subdivisions 3 and 4; Laws 1997, chapter 239, article 10, sections 1 and 19.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2382, A bill for an act relating to human rights; changing a deadline for determination of complex cases; eliminating certain notice requirements; amending Minnesota Statutes 1996, sections 363.071, subdivision 1a; 363.117; and 363.14, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 3011, A bill for an act relating to game and fish; prohibiting the taking of white bears; amending Minnesota statutes 1996, section 97B.411.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
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:
S. F. Nos. 2230, 1076, 2699, 2574, 2192, 2384 and 2119; H. F. No. 3297; S. F. No. 1583; H. F. No. 2814; S. F. Nos. 2608 and 3068; and H. F. Nos. 3184 and 381.
S. F. No. 2230, A bill for an act relating to human rights; modifying the definition of housing for the elderly; amending Minnesota Statutes 1996, section 363.02, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, A. | Mahon | Paulsen | Stang |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Bakk | Evans | Kahn | Marko | Pelowski | Sykora |
Bettermann | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Biernat | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Boudreau | Garcia | Kinkel | Molnau | Reuter | Trimble |
Bradley | Goodno | Knight | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8130 |
|||||
Carlson | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
The bill was passed and its title agreed to.
S. F. No. 1076 was reported to the House.
Hausman moved to amend S. F. No. 1076 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1306, the second engrossment:
"Section 1. [62Q.525] [COVERAGE FOR OFF-LABEL DRUG USE.]
Subdivision 1. [SCOPE OF COVERAGE.] This section applies to all health plans, including the coverages described in section 62A.011, subdivision 3, clauses (7) and (10), that are issued or renewed to a Minnesota resident.
Subd. 2. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Medical literature" means articles from major peer reviewed medical journals that have recognized the drug or combination of drugs' safety and effectiveness for treatment of the indication for which it has been prescribed. Each article shall meet the uniform requirements for manuscripts submitted to biomedical journals established by the international committee of medical journal editors or be published in a journal specified by the United States Secretary of Health and Human Services pursuant to United States Code, title 42, section 1395x, paragraph (t), clause (2), item (B), as amended, as acceptable peer review medical literature. Each article must use generally acceptable scientific standards and must not use case reports to satisfy this criterion.
(c) "Off-label use of drugs" means when drugs are prescribed for treatments other than those stated in the labeling approved by the federal Food and Drug Administration.
(d) "Standard reference compendia" means:
(1) the United States Pharmacopeia Drug Information; or
(2) the American Hospital Formulary Service Drug Information.
Subd. 3. [REQUIRED COVERAGE.] (a) Every type of coverage included in subdivision 1 that provides coverage for drugs may not exclude coverage of a drug for the treatment of cancer on the ground that the drug has not been approved by the federal Food and Drug Administration for the treatment of cancer if the drug is recognized for treatment of cancer in one of the standard reference compendia or in one article in the medical literature, as defined in subdivision 2.
Abrams | Entenza | Johnson, A. | Mahon | Paulsen | Stang |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Bakk | Evans | Kahn | Marko | Pelowski | Sykora |
Bettermann | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Biernat | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Boudreau | Garcia | Kinkel | Molnau | Reuter | Trimble |
Bradley | Goodno | Knight | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Carlson | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8132 |
|||||
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
The bill was passed, as amended, and its title agreed to.
The Speaker called Wejcman to the Chair.
S. F. No. 2699 was reported to the House.
Sviggum moved to amend S. F. No. 2699 as follows:
Page 2, line 14, before the period insert ", if it is proven through demonstration projects that this approach does increase the number of working disabled adults without significantly increasing costs to federal or state government"
The motion did not prevail and the amendment was not adopted.
S. F. No. 2699, A resolution memorializing the Congress of the United States to remove Medicaid policy barriers to employment for people with disabilities.
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 118 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Erickson | Johnson, A. | Mahon | Paulsen | Stanek |
Bakk | Evans | Johnson, R. | Mares | Pawlenty | Stang |
Bettermann | Farrell | Juhnke | Mariani | Paymar | Sviggum |
Biernat | Finseth | Kahn | Marko | Pelowski | Swenson, H. |
Bishop | Folliard | Kalis | McCollum | Peterson | Sykora |
Boudreau | Garcia | Kelso | McGuire | Pugh | Tingelstad |
Bradley | Goodno | Kielkucki | Milbert | Rest | Tomassoni |
Broecker | Greenfield | Kinkel | Molnau | Reuter | Tompkins |
Carlson | Greiling | Knoblach | Mulder | Rhodes | Trimble |
Chaudhary | Gunther | Koskinen | Mullery | Rostberg | Tuma |
Clark, J. | Haas | Kraus | Munger | Rukavina | Tunheim |
Clark, K. | Harder | Kubly | Murphy | Schumacher | Vandeveer |
Commers | Hasskamp | Kuisle | Ness | Seagren | Wagenius |
Daggett | Hausman | Larsen | Nornes | Seifert | Wejcman |
Dawkins | Hilty | Leighton | Olson, E. | Sekhon | Wenzel |
Delmont | Holsten | Leppik | Opatz | Skare | Westfall |
Dempsey | Huntley | Lieder | Orfield | Skoglund | Winter |
Dorn | Jaros | Lindner | Osskopp | Slawik | Spk. Carruthers |
Entenza | Jefferson | Long | Otremba, M. | Smith | |
Erhardt | Jennings | Macklin | Ozment | Solberg | |
Those who voted in the negative were:
Davids | Knight | Olson, M. | Van Dellen | Workman |
Dehler | Krinkie | Rifenberg | Wolf | |
Abrams | Entenza | Johnson, A. | Mares | Pawlenty | Sviggum |
Anderson, B. | Erhardt | Johnson, R. | Mariani | Paymar | Swenson, H. |
Anderson, I. | Erickson | Juhnke | Marko | Pelowski | Sykora |
Bakk | Evans | Kahn | McCollum | Peterson | Tingelstad |
Bettermann | Farrell | Kalis | McGuire | Pugh | Tomassoni |
Biernat | Finseth | Kielkucki | Milbert | Rest | Tompkins |
Bishop | Folliard | Kinkel | Molnau | Reuter | Trimble |
Boudreau | Garcia | Knight | Mulder | Rhodes | Tuma |
Bradley | Goodno | Knoblach | Mullery | Rifenberg | Tunheim |
Broecker | Greenfield | Koskinen | Munger | Rostberg | Van Dellen |
Carlson | Greiling | Kraus | Murphy | Rukavina | Vandeveer |
Chaudhary | Gunther | Krinkie | Ness | Schumacher | Wagenius |
Clark, J. | Haas | Kubly | Nornes | Seagren | Weaver |
Clark, K. | Harder | Kuisle | Olson, E. | Seifert | Wejcman |
Commers | Hasskamp | Larsen | Olson, M. | Sekhon | Wenzel |
Daggett | Hausman | Leighton | Opatz | Skare | Westfall |
Davids | Hilty | Leppik | Orfield | Skoglund | Westrom |
Dawkins | Holsten | Lieder | Osskopp | Slawik | Winter |
Dehler | Huntley | Lindner | Osthoff | Smith | Wolf |
Delmont | Jaros | Long | Otremba, M. | Solberg | Workman |
Dempsey | Jefferson | Macklin | Ozment | Stanek | Spk. Carruthers |
Dorn | Jennings | Mahon | Paulsen | Stang | |
The bill was passed and its title agreed to.
S. F. No. 2192 was reported to the House.
Harder, Rest and Erhardt moved to amend S. F. No. 2192 as follows:
Page 1, line 21, after "subdivision" insert "until July 1, 1999"
The motion prevailed and the amendment was adopted.
Kahn offered an amendment to S. F. No. 2192, as amended.
Abrams raised a point of order pursuant to rule 3.09 that
the Kahn amendment was not in order. Speaker pro tempore Wejcman ruled the point
of order well taken and the Kahn amendment out of order.
Kahn moved to amend S. F. No. 2192, as amended, as
follows:
Page 3, line 13, delete "not"
A roll call was requested and properly seconded.
The question was taken on the Kahn amendment and the roll
was called. There were 33 yeas and 96 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Greiling | Koskinen | Milbert | Pugh | Wagenius |
Clark, K. | Hausman | Long | Mullery | Sekhon | Wejcman |
Dawkins | Hilty | Mahon | Orfield | Skoglund | Winter |
Entenza | Jefferson | Mariani | Osthoff | Slawik | |
Farrell | Kahn | McCollum | Otremba, M. | Solberg | |
Greenfield | Kalis | McGuire | Paymar | Trimble | |
Those who voted in the negative were:
Abrams | Delmont | Jaros | Leppik | Pawlenty | Sviggum |
Anderson, B. | Dempsey | Jennings | Lieder | Pelowski | Swenson, H. |
Bakk | Dorn | Johnson, A. | Lindner | Peterson | Sykora |
Bettermann | Erhardt | Johnson, R. | Macklin | Rest | Tingelstad |
Biernat | Erickson | Juhnke | Mares | Reuter | Tomassoni |
Bishop | Evans | Kelso | Marko | Rhodes | Tompkins |
Boudreau | Finseth | Kielkucki | Molnau | Rifenberg | Tuma |
Bradley | Folliard | Kinkel | Mulder | Rostberg | Tunheim |
Broecker | Garcia | Knight | Ness | Rukavina | Van Dellen |
Carlson | Goodno | Knoblach | Nornes | Schumacher | Vandeveer |
Chaudhary | Gunther | Kraus | Olson, E. | Seagren | Weaver |
Clark, J. | Haas | Krinkie | Olson, M. | Seifert | Wenzel |
Commers | Harder | Kubly | Opatz | Skare | Westfall |
Daggett | Hasskamp | Kuisle | Osskopp | Smith | Westrom |
Davids | Holsten | Larsen | Ozment | Stanek | Wolf |
Dehler | Huntley | Leighton | Paulsen | Stang | Workman |
The motion did not prevail and the amendment was not adopted.
S. F. No. 2192, A bill for an act relating to corporations; clarifying the application of certain statutory requirements for corporations created by political subdivisions; authorizing the ratification of a nonprofit corporation by Brown county; amending Minnesota Statutes 1997 Supplement, section 465.715, subdivision 1.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, B. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8135 |
|||||
Anderson, I. | Evans | Kahn | Marko | Pelowski | Sykora |
Bakk | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Bettermann | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Biernat | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Bishop | Garcia | Kinkel | Molnau | Reuter | Trimble |
Boudreau | Goodno | Knight | Mulder | Rhodes | Tuma |
Bradley | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Broecker | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Carlson | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
Entenza | Johnson, A. | Mahon | Paulsen | Stang | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 2384 was reported to the House.
Jennings moved to amend S. F. No. 2384, the unofficial engrossment, as follows:
Page 4, line 17, delete "0.0264" and insert "0.264"
Page 4, line 22, after the perioed, insert "Section 5 is effective the day following final enactment."
The motion prevailed and the amendment was adopted.
S. F. No. 2384, A bill for an act relating to Chisago county; permitting the appointment of the county recorder.
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 116 yeas and 13 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Jennings | Mares | Paulsen | Tingelstad |
Anderson, I. | Erhardt | Johnson, A. | Mariani | Pawlenty | Tomassoni |
Bakk | Erickson | Johnson, R. | Marko | Paymar | Tompkins |
Bettermann | Evans | Juhnke | McCollum | Pelowski | Trimble |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8136 |
|||||
Biernat | Farrell | Kahn | McGuire | Peterson | Tuma |
Bishop | Finseth | Kalis | Milbert | Pugh | Tunheim |
Boudreau | Folliard | Kelso | Molnau | Rest | Vandeveer |
Bradley | Garcia | Kielkucki | Mulder | Rhodes | Wagenius |
Broecker | Goodno | Kinkel | Mullery | Rostberg | Weaver |
Carlson | Greenfield | Knoblach | Munger | Rukavina | Wejcman |
Chaudhary | Greiling | Koskinen | Murphy | Schumacher | Wenzel |
Clark, J. | Gunther | Kraus | Ness | Seagren | Westfall |
Clark, K. | Haas | Kubly | Nornes | Skare | Winter |
Commers | Harder | Leighton | Olson, E. | Skoglund | Wolf |
Daggett | Hasskamp | Leppik | Opatz | Slawik | Workman |
Dawkins | Hausman | Lieder | Orfield | Smith | Spk. Carruthers |
Dehler | Hilty | Lindner | Osskopp | Solberg | |
Delmont | Holsten | Long | Osthoff | Stanek | |
Dempsey | Huntley | Macklin | Otremba, M. | Stang | |
Dorn | Jefferson | Mahon | Ozment | Sykora | |
Those who voted in the negative were:
Anderson, B. | Krinkie | Olson, M. | Seifert | Westrom |
Davids | Kuisle | Reuter | Sviggum | |
Knight | Larsen | Rifenberg | Swenson, H. | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 2119 was reported to the House.
Jennings moved that S. F. No. 2119 be continued on Special Orders. The motion prevailed.
H. F. No. 3297 was reported to the House.
Long moved that H. F. No. 3297 be continued on Special Orders. The motion prevailed.
S. F. No. 1583, A bill for an act relating to state government; setting state policy for regulatory rules and programs of agencies; regulating obsolete, unnecessary, or duplicative rules; amending Minnesota Statutes 1996, sections 14.05, subdivision 5; and 14.131; proposing coding for new law in Minnesota Statutes, chapter 14.
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 | Entenza | Johnson, A. | Mahon | Paulsen | Stang |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Sviggum |
Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Swenson, H. |
Bakk | Evans | Kahn | Marko | Pelowski | Sykora |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8137 |
|||||
Bettermann | Farrell | Kalis | McCollum | Peterson | Tingelstad |
Biernat | Finseth | Kelso | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kielkucki | Milbert | Rest | Tompkins |
Boudreau | Garcia | Kinkel | Molnau | Reuter | Trimble |
Bradley | Goodno | Knight | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Mullery | Rifenberg | Tunheim |
Carlson | Greiling | Koskinen | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Kraus | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Krinkie | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kubly | Nornes | Seagren | Weaver |
Commers | Hasskamp | Kuisle | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Larsen | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leighton | Opatz | Skare | Westfall |
Dawkins | Holsten | Leppik | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lieder | Osskopp | Slawik | Winter |
Delmont | Jaros | Lindner | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Long | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Macklin | Ozment | Stanek | Spk. Carruthers |
The bill was passed and its title agreed to.
H. F. No. 2814, A bill for an act relating to health; regulating coverage of durable medical equipment; requiring disclosure of covered medical equipment and supplies; 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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, A. | Mahon | Pawlenty | Swenson, H. |
Anderson, B. | Erhardt | Johnson, R. | Mares | Paymar | Sykora |
Anderson, I. | Erickson | Juhnke | Mariani | Pelowski | Tingelstad |
Bakk | Evans | Kahn | Marko | Peterson | Tomassoni |
Bettermann | Farrell | Kalis | McCollum | Pugh | Tompkins |
Biernat | Finseth | Kelso | McGuire | Rest | Trimble |
Bishop | Folliard | Kielkucki | Milbert | Reuter | Tuma |
Boudreau | Garcia | Kinkel | Molnau | Rhodes | Tunheim |
Bradley | Goodno | Knight | Mulder | Rifenberg | Van Dellen |
Broecker | Greenfield | Knoblach | Mullery | Rostberg | Vandeveer |
Carlson | Greiling | Koskinen | Munger | Rukavina | Wagenius |
Chaudhary | Gunther | Kraus | Murphy | Schumacher | Weaver |
Clark, J. | Haas | Krinkie | Nornes | Seagren | Wejcman |
Clark, K. | Harder | Kubly | Olson, E. | Seifert | Wenzel |
Commers | Hasskamp | Kuisle | Olson, M. | Skare | Westfall |
Daggett | Hausman | Larsen | Opatz | Skoglund | Westrom |
Davids | Hilty | Leighton | Orfield | Slawik | Winter |
Dawkins | Holsten | Leppik | Osskopp | Smith | Wolf |
Dehler | Huntley | Lieder | Osthoff | Solberg | Workman |
Delmont | Jaros | Lindner | Otremba, M. | Stanek | Spk. Carruthers |
Dempsey | Jefferson | Long | Ozment | Stang | |
Dorn | Jennings | Macklin | Paulsen | Sviggum | |
The bill was passed and its title agreed to.
S. F. No. 2608, A bill for an act relating to insurance; providing basic Medicare supplement plan coverage for diabetes equipment and supplies; increasing the maximum lifetime benefit for policies of the comprehensive health insurance plan; amending Minnesota Statutes 1996, section 62E.12; and Minnesota Statutes 1997 Supplement, section 62A.316.
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 6 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, A. | Mariani | Pawlenty | Stang |
Anderson, I. | Erhardt | Johnson, R. | Marko | Paymar | Sviggum |
Bakk | Erickson | Juhnke | McCollum | Pelowski | Swenson, H. |
Bettermann | Farrell | Kahn | McGuire | Peterson | Tingelstad |
Biernat | Finseth | Kalis | Milbert | Pugh | Tomassoni |
Bishop | Folliard | Kelso | Molnau | Rest | Tompkins |
Boudreau | Garcia | Kielkucki | Mulder | Reuter | Trimble |
Bradley | Goodno | Kinkel | Mullery | Rhodes | Tuma |
Broecker | Greenfield | Knoblach | Munger | Rifenberg | Tunheim |
Carlson | Greiling | Koskinen | Murphy | Rostberg | Vandeveer |
Chaudhary | Gunther | Kraus | Ness | Rukavina | Weaver |
Clark, J. | Haas | Krinkie | Nornes | Schumacher | Wejcman |
Clark, K. | Harder | Kubly | Olson, E. | Seagren | Wenzel |
Commers | Hasskamp | Leighton | Olson, M. | Seifert | Westfall |
Daggett | Hausman | Leppik | Opatz | Sekhon | Westrom |
Davids | Hilty | Lieder | Orfield | Skare | Winter |
Dawkins | Holsten | Lindner | Osskopp | Skoglund | Wolf |
Dehler | Huntley | Long | Osthoff | Slawik | Workman |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8138 |
|||||
Delmont | Jaros | Macklin | Otremba, M. | Smith | Spk. Carruthers |
Dempsey | Jefferson | Mahon | Ozment | Solberg | |
Dorn | Jennings | Mares | Paulsen | Stanek | |
Those who voted in the negative were:
Anderson, B. | Knight | Kuisle | Larsen | Sykora | Van Dellen |
The bill was passed and its title agreed to.
S. F. No. 3068, A bill for an act relating to workers' compensation; correcting an appropriation error; modifying reporting requirements; eliminating certain reimbursement requirements; amending Minnesota Statutes 1996, sections 176.183, subdivision 2; 176.231, subdivisions 2 and 7; and 176.305, subdivisions 1 and 2; Laws 1997, chapter 200, article 1, section 12, subdivision 5.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Mariani | Pelowski | Sykora |
Anderson, I. | Erickson | Juhnke | Marko | Peterson | Tingelstad |
Bakk | Evans | Kahn | McCollum | Pugh | Tomassoni |
Bettermann | Farrell | Kalis | McGuire | Rest | Tompkins |
Biernat | Finseth | Kelso | Milbert | Reuter | Trimble |
Bishop | Folliard | Kielkucki | Molnau | Rhodes | Tuma |
Boudreau | Garcia | Kinkel | Mulder | Rifenberg | Tunheim |
Bradley | Goodno | Knoblach | Mullery | Rostberg | Van Dellen |
Broecker | Greenfield | Koskinen | Munger | Rukavina | Vandeveer |
Carlson | Greiling | Kraus | Murphy | Schumacher | Wagenius |
Chaudhary | Gunther | Krinkie | Ness | Seagren | Weaver |
Clark, J. | Haas | Kubly | Nornes | Seifert | Wejcman |
Clark, K. | Harder | Kuisle | Olson, E. | Sekhon | Wenzel |
Commers | Hasskamp | Larsen | Olson, M. | Skare | Westfall |
Daggett | Hausman | Leighton | Opatz | Skoglund | Westrom |
Davids | Hilty | Leppik | Osskopp | Slawik | Winter |
Dawkins | Holsten | Lieder | Osthoff | Smith | Wolf |
Dehler | Huntley | Lindner | Otremba, M. | Solberg | Workman |
Delmont | Jaros | Long | Ozment | Stanek | Spk. Carruthers |
Dempsey | Jefferson | Macklin | Paulsen | Stang | |
Dorn | Jennings | Mahon | Pawlenty | Sviggum | |
Entenza | Johnson, A. | Mares | Paymar | Swenson, H. | |
Anderson, B.Knight | |
The bill was passed and its title agreed to.
H. F. No. 3184, A bill for an act relating to health; providing for voluntary reporting of alcohol abuse by a pregnant woman; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 626.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, A. | Mahon | Paymar | Swenson, H. |
Anderson, B. | Erhardt | Johnson, R. | Mares | Pelowski | Sykora |
Anderson, I. | Erickson | Juhnke | Mariani | Peterson | Tingelstad |
Bakk | Evans | Kahn | Marko | Pugh | Tomassoni |
Bettermann | Farrell | Kalis | McCollum | Rest | Tompkins |
Biernat | Finseth | Kelso | McGuire | Reuter | Trimble |
Bishop | Folliard | Kielkucki | Milbert | Rhodes | Tuma |
Boudreau | Garcia | Kinkel | Molnau | Rifenberg | Tunheim |
Bradley | Goodno | Knight | Mulder | Rostberg | Van Dellen |
Broecker | Greenfield | Knoblach | Mullery | Rukavina | Vandeveer |
Carlson | Greiling | Koskinen | Munger | Schumacher | Wagenius |
Chaudhary | Gunther | Kraus | Murphy | Seagren | Weaver |
Clark, J. | Haas | Krinkie | Nornes | Seifert | Wejcman |
Clark, K. | Harder | Kubly | Olson, E. | Sekhon | Wenzel |
Commers | Hasskamp | Kuisle | Olson, M. | Skare | Westfall |
Daggett | Hausman | Larsen | Opatz | Skoglund | Westrom |
Davids | Hilty | Leighton | Osskopp | Slawik | Winter |
Dawkins | Holsten | Leppik | Osthoff | Smith | Wolf |
Dehler | Huntley | Lieder | Otremba, M. | Solberg | Workman |
Delmont | Jaros | Lindner | Ozment | Stanek | Spk. Carruthers |
Dempsey | Jefferson | Long | Paulsen | Stang | |
Dorn | Jennings | Macklin | Pawlenty | Sviggum | |
The bill was passed and its title agreed to.
Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 3068.
H. F. No. 3068 was reported to the House.
Krinkie moved to amend H. F. No. 3068, the second engrossment, as follows:
Abrams | Erhardt | Kielkucki | Mulder | Reuter | Tompkins |
Anderson, B. | Erickson | Knight | Nornes | Rifenberg | Trimble |
Bradley | Finseth | Knoblach | Olson, M. | Rostberg | Tuma |
Broecker | Greiling | Kraus | Osskopp | Rukavina | Van Dellen |
Chaudhary | Gunther | Krinkie | Otremba, M. | Schumacher | Vandeveer |
Clark, J. | Haas | Kuisle | Paulsen | Seifert | Westfall |
Commers | Harder | Larsen | Pawlenty | Sekhon | Westrom |
Davids | Hasskamp | Lindner | Paymar | Stang | Workman |
Dehler | Hausman | Marko | Pelowski | Swenson, H. | |
Dorn | Holsten | McGuire | Peterson | Tingelstad | |
Those who voted in the negative were:
Anderson, I. | Folliard | Kahn | Mares | Osthoff | Sviggum |
Bakk | Garcia | Kalis | Mariani | Ozment | Sykora |
Bettermann | Goodno | Kelso | McCollum | Pugh | Tomassoni |
Biernat | Greenfield | Kinkel | Milbert | Rest | Tunheim |
Bishop | Hilty | Koskinen | Molnau | Rhodes | Wagenius |
Boudreau | Huntley | Kubly | Mullery | Seagren | Weaver |
Carlson | Jaros | Leighton | Munger | Skare | Wejcman |
Daggett | Jefferson | Leppik | Murphy | Skoglund | Wenzel |
Dawkins | Jennings | Lieder | Ness | Slawik | Winter |
Delmont | Johnson, A. | Long | Olson, E. | Smith | Wolf |
Dempsey | Johnson, R. | Macklin | Opatz | Solberg | Spk. Carruthers |
Evans | Juhnke | Mahon | Orfield | Stanek | |
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Pelowski moved to amend H. F. No. 3068, the second engrossment, as follows:
Page 6, delete lines 31 to 35
Page 6, line 36, delete "12" and insert "11"
Page 7, line 4, delete "13" and insert "12"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Pelowski amendment and the
roll was called. There were 97 yeas and 33 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Marko | Pugh | Tingelstad |
Anderson, B. | Erickson | Juhnke | McCollum | Rest | Tomassoni |
Anderson, I. | Evans | Kahn | McGuire | Reuter | Tompkins |
Bakk | Farrell | Kalis | Milbert | Rhodes | Trimble |
Biernat | Finseth | Kelso | Mulder | Rifenberg | Tunheim |
Bishop | Folliard | Kielkucki | Mullery | Rostberg | Van Dellen |
Bradley | Garcia | Kinkel | Munger | Rukavina | Wejcman |
Carlson | Greenfield | Knight | Murphy | Schumacher | Wenzel |
Chaudhary | Greiling | Koskinen | Ness | Seagren | Westfall |
Clark, J. | Gunther | Kraus | Olson, E. | Seifert | Westrom |
Clark, K. | Haas | Krinkie | Opatz | Sekhon | Winter |
Commers | Harder | Kubly | Orfield | Skare | Spk. Carruthers |
Davids | Hasskamp | Kuisle | Osthoff | Skoglund | |
Dehler | Holsten | Leighton | Otremba, M. | Slawik | |
Delmont | Huntley | Leppik | Pawlenty | Solberg | |
Dorn | Jefferson | Lieder | Pelowski | Stanek | |
Entenza | Jennings | Long | Peterson | Stang | |
Those who voted in the negative were:
Bettermann | Goodno | Lindner | Nornes | Smith | Weaver |
Boudreau | Hilty | Macklin | Olson, M. | Sviggum | Wolf |
Broecker | Jaros | Mahon | Osskopp | Swenson, H. | Workman |
Daggett | Johnson, A. | Mares | Ozment | Sykora | |
Dawkins | Knoblach | Mariani | Paulsen | Tuma | |
Dempsey | Larsen | Molnau | Paymar | Vandeveer | |
The motion prevailed and the amendment was adopted.
H. F. No. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.
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 101 yeas and 29 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Jennings | Mariani | Paymar | Stang |
Anderson, I. | Erhardt | Johnson, A. | Marko | Pelowski | Sviggum |
Bakk | Evans | Johnson, R. | McGuire | Peterson | Swenson, H. |
Bettermann | Farrell | Juhnke | Milbert | Pugh | Sykora |
Biernat | Finseth | Kahn | Molnau | Rest | Tomassoni |
Bishop | Folliard | Kalis | Mullery | Rhodes | Trimble |
Boudreau | Garcia | Kelso | Munger | Rostberg | Tunheim |
Bradley | Goodno | Kinkel | Murphy | Rukavina | Vandeveer |
Carlson | Greenfield | Koskinen | Ness | Schumacher | Wagenius |
Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8142 |
|||||
Chaudhary | Greiling | Kubly | Nornes | Seagren | Weaver |
Clark, K. | Gunther | Leighton | Olson, E. | Sekhon | Wejcman |
Daggett | Hasskamp | Leppik | Opatz | Skare | Wenzel |
Dawkins | Hilty | Lieder | Orfield | Skoglund | Westfall |
Dehler | Holsten | Long | Osthoff | Slawik | Winter |
Delmont | Huntley | Macklin | Otremba, M. | Smith | Wolf |
Dempsey | Jaros | Mahon | Ozment | Solberg | Spk. Carruthers |
Dorn | Jefferson | Mares | Pawlenty | Stanek | |
Those who voted in the negative were:
Anderson, B. | Erickson | Knoblach | Lindner | Reuter | Tuma |
Broecker | Haas | Kraus | Mulder | Rifenberg | Van Dellen |
Clark, J. | Harder | Krinkie | Olson, M. | Seifert | Westrom |
Commers | Kielkucki | Kuisle | Osskopp | Tingelstad | Workman |
Davids | Knight | Larsen | Paulsen | Tompkins | |
The bill was passed, as amended, and its title agreed to.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Anderson, I., moved that his name be stricken as an author on H. F. No. 3835. The motion prevailed.
Rest moved that H. F. No. 709 be returned to its author. The motion prevailed.
Bakk moved that H. F. No. 2404 be returned to its author. The motion prevailed.
Dawkins moved that H. F. No. 3277 be returned to its author. The motion prevailed.
Ozment moved that H. F. No. 3615 be returned to its author. The motion prevailed.
Murphy moved that H. F. No. 3659 be returned to its author. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2874:
Kelso, Greiling, Biernat, Leighton and Dempsey.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3345:
Murphy, Skoglund, Pugh, Entenza and Larsen.
Winter moved that when the House adjourns today it adjourn until 9:30 a.m., Wednesday, March 11, 1998. The motion prevailed.
Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Wednesday, March 11, 1998.
Edward A. Burdick, Chief Clerk, House of Representatives