The House of Representatives convened at 10:00 a.m. and was called to order by Speaker pro tempore Joe Opatz.
Prayer was offered by Representative Elaine Harder, District 22B, Jackson, Minnesota.
The roll was called and the following members were present:
Abrams | Erhardt | Johnson, R. | Mares | Paulsen | Stang |
Anderson, B. | Erickson | Juhnke | Mariani | Pawlenty | Sviggum |
Anderson, I. | Evans | Kahn | Marko | Paymar | Swenson, H. |
Bettermann | Farrell | Kalis | McCollum | Pelowski | Sykora |
Biernat | Finseth | Kelso | McElroy | Peterson | Tingelstad |
Bishop | Folliard | Kielkucki | McGuire | Pugh | Tomassoni |
Boudreau | Garcia | Kinkel | Milbert | Rest | Tompkins |
Bradley | Goodno | Knight | Molnau | Reuter | Trimble |
Broecker | Greenfield | Knoblach | Mulder | Rhodes | Tuma |
Carlson | Greiling | Koskinen | Mullery | Rifenberg | Tunheim |
Chaudhary | Gunther | Kraus | Munger | Rostberg | Van Dellen |
Clark, J. | Haas | Krinkie | Murphy | Rukavina | Vandeveer |
Clark, K. | Harder | Kubly | Ness | Schumacher | Wagenius |
Commers | Hasskamp | Kuisle | Nornes | Seagren | Weaver |
Daggett | Hausman | Larsen | Olson, E. | Seifert | Wejcman |
Davids | Hilty | Leighton | Olson, M. | Sekhon | Wenzel |
Dawkins | Holsten | Leppik | Opatz | Skare | Westfall |
Dehler | Huntley | Lieder | Orfield | Skoglund | Westrom |
Delmont | Jaros | Lindner | Osskopp | Slawik | Winter |
Dempsey | Jefferson | Long | Osthoff | Smith | Wolf |
Dorn | Jennings | Macklin | Otremba, M. | Solberg | Workman |
Entenza | Johnson, A. | Mahon | Ozment | Stanek | Spk. Carruthers |
A quorum was present.
Bakk and Luther were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Anderson, B., 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. 695 and H. F. No. 381, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Greenfield moved that the rules be so far suspended that S. F. No. 695 be substituted for H. F. No. 381 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1169 and H. F. No. 1351, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Hasskamp moved that the rules be so far suspended that S. F. No. 1169 be substituted for H. F. No. 1351 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2078 and H. F. No. 2285, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Skoglund moved that the rules be so far suspended that S. F. No. 2078 be substituted for H. F. No. 2285 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2262 and H. F. No. 2750, 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. 2262 be substituted for H. F. No. 2750 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2268 and H. F. No. 2574, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Molnau moved that the rules be so far suspended that S. F. No. 2268 be substituted for H. F. No. 2574 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2276 and H. F. No. 2784, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Dawkins moved that the rules be so far suspended that S. F. No. 2276 be substituted for H. F. No. 2784 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. No. 2586 and H. F. No. 2326, 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. 2586 be substituted for H. F. No. 2326 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 2911 and H. F. No. 2920, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Delmont moved that the rules be so far suspended that S. F. No. 2911 be substituted for H. F. No. 2920 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. No. 3084 and H. F. No. 3465, which had been referred to the Chief Clerk for comparison, were examined and found
to be identical with certain exceptions.
Tomassoni moved that the rules be so far suspended that S. F. No. 3084 be substituted for H. F. No. 3465 and that the
House File be indefinitely postponed. The motion prevailed.
S. F. Nos. 695, 1169, 2078, 2262, 2268, 2276, 2586, 2911 and 3084 were read for the second time.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2315, A bill for an act relating to commerce; regulating trademarks and service marks; defining terms; providing
remedies; amending Minnesota Statutes 1996, sections 333.18; 333.19, subdivision 1; 333.20, subdivisions 1 and 2; 333.21,
subdivision 2; 333.23; 333.24; 333.25; 333.26; and 333.29, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 333; repealing Minnesota Statutes 1996, section 325D.165.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2445, A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner
of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996,
sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing
coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Messrs. Novak, Ourada and Johnson, D. H.
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
Ozment 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. 2445. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
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 Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Messrs. Frederickson, Vickerman and Kelly, S. D.
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
Harder 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. 2192. The motion prevailed.
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. 2489, A bill for an act relating to natural resources; modifying the description of a state trail in Ramsey and
Washington counties; amending Minnesota Statutes 1996, section 85.015, subdivision 14.
Patrick E. Flahaven, Secretary of the Senate
Holsten moved that the House concur in the Senate amendments to H. F. No. 2489 and that the bill be repassed as
amended by the Senate. The motion prevailed.
H. F. No. 2489, A bill for an act relating to natural resources; modifying the description of a state trail in Ramsey and
Washington counties; amending Minnesota Statutes 1996, section 85.015, subdivision 14.
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 120 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abrams | Evans | Kalis | McCollum | Pelowski | Sviggum |
Anderson, I. | Finseth | Kelso | McElroy | Peterson | Swenson, H. |
Bettermann | Folliard | Kielkucki | McGuire | Pugh | Sykora |
Biernat | Goodno | Kinkel | Molnau | Rest | Tingelstad |
Boudreau | Greenfield | Knoblach | Mulder | Reuter | Tomassoni |
Bradley | Greiling | Koskinen | Munger | Rhodes | Tompkins |
Broecker | Gunther | Kraus | Murphy | Rifenberg | Trimble |
Carlson | Haas | Kubly | Ness | Rostberg | Tuma |
Chaudhary | Harder | Kuisle | Nornes | Rukavina | Tunheim |
Clark, J. | Hasskamp | Larsen | Olson, E. | Schumacher | Vandeveer |
Commers | Hilty | Leighton | Olson, M. | Seagren | Wagenius |
Daggett | Holsten | Leppik | Opatz | Seifert | Weaver |
Davids | Huntley | Lieder | Orfield | Sekhon | Wejcman |
Dawkins | Jaros | Lindner | Osskopp | Skare | Wenzel |
Delmont | Jefferson | Long | Osthoff | Skoglund | Westfall |
Dempsey | Jennings | Macklin | Otremba, M. | Slawik | Westrom |
Dorn | Johnson, A. | Mahon | Ozment | Smith | Winter |
Entenza | Johnson, R. | Mares | Paulsen | Solberg | Wolf |
Erhardt | Juhnke | Mariani | Pawlenty | Stanek | Workman |
Erickson | Kahn | Marko | Paymar | Stang | Spk. Carruthers |
Those who voted in the negative were:
Anderson, B. | Dehler | Knight | Krinkie |
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. 2708, A bill for an act relating to agriculture; providing for associations of producers; setting dispute resolution
procedures; establishing an advisory committee; amending Minnesota Statutes 1996, sections 17.692; 17.693,
subdivisions 1, 2, and 6; 17.694, subdivisions 1, 2, 3, 6, and 7; 17.696, subdivision 2; 17.697; 17.698; 17.70,
subdivisions 1, 2, and 3; 17.701; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota
Statutes 1996, section 17.699.
Patrick E. Flahaven, Secretary of the Senate
Juhnke moved that the House refuse to concur in the Senate amendments to H. F. No. 2708, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the
Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2119, A bill for an act relating to local government; authorizing municipalities to provide for contract bid
specifications, design, and construction standards; amending Minnesota Statutes 1996, section 471.345, by adding a
subdivision.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Ms. Johnson, J. B.; Messrs. Wiger and Johnson, D. E.
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
Jennings 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. 2119. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2415, 2582, 2752, 2407, 726 and 2928.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2415, A bill for an act relating to economic development; providing that the office of tourism may purchase
items for resale without complying with competitive bidding requirements; increasing the loan maximum for challenge
grants; clarifying application requirements for contaminated cleanup grants; authorizing compensation for members of the
job skills partnership board; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 16B.08, subdivision 7;
116J.415, subdivision 5; 116J.553, subdivision 2; and 116L.03, subdivision 5.
The bill was read for the first time and referred to the Committee on Economic Development and International Trade.
S. F. No. 2582, A bill for an act relating to telecommunications; requiring competitors of small telephone companies to
offer telecommunications service to contiguous exchange areas in certain situations; amending Minnesota Statutes 1996,
section 237.16, by adding a subdivision.
The bill was read for the first time.
Jennings moved that S. F. No. 2582 and H. F. No. 2980, now on General Orders, be referred to the Chief Clerk for
comparison. The motion prevailed.
S. F. No. 2752, A bill for an act relating to the state building code; establishing a construction code advisory council;
proposing coding for new law in Minnesota Statutes, chapter 16B.
The bill was read for the first time and referred to the Committee on Governmental Operations.
S. F. No. 2407, A bill for an act relating to drivers' licenses; establishing youth-oriented driver improvement
clinics; establishing a graduated licensing system with provisional license phase; restricting driving privileges for
holders of instruction permits and provisional licenses and requiring violation-free period before advancement to next license
stage; making technical changes; appropriating money; amending Minnesota Statutes 1996, sections 120.73, subdivision 1;
169.89, subdivision 5; 169.971, subdivision 1, and by adding a subdivision; 169.972; 169.973, subdivision 1; 171.01,
subdivision 14; 171.04, subdivision 1; 171.05, subdivision 2, and by adding subdivisions; 171.06, subdivision 1; 171.10,
subdivision 1; 171.12, subdivision 3; 171.16, subdivision 5; 171.17, subdivisions 2 and 3; 171.172; 171.173; 171.174;
171.20, subdivision 3; 171.27; and 171.39; Minnesota Statutes 1997 Supplement, sections 171.041; 171.06, subdivisions 2
and 4; and 171.171; proposing coding for new law in Minnesota Statutes, chapter 171.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 726, A bill for an act relating to state government; modifying the state procurement process; authorizing
rulemaking; making various conforming amendments; appropriating money; amending Minnesota Statutes 1996,
sections 3.225, subdivision 2; 3.732, subdivision 6; 3.922, subdivision 5; 3C.10, subdivision 3; 4A.04; 6.551; 11A.24,
subdivision 4; 12.221, subdivision 5; 15.054; 15.061; 16A.101; 16A.85, subdivision 1; 16B.181; 17.1015; 41A.023;
43A.23, subdivision 1; 44A.01, subdivision 1; 45.0291; 84.025, subdivision 7; 84.026; 84.0845; 85A.02, subdivisions 3,
16, and 18; 103F.515, subdivision 3; 116.03, subdivision 2; 116J.035, subdivision 1; 116J.402; 116J.58, subdivision 2;
116J.68, subdivision 2; 116J.966, subdivision 1; 124.14, subdivision 1; 126.151, subdivision 2; 129C.10, subdivision 7;
136A.06; 136A.16, subdivision 1; 136A.29, subdivision 6; 136F.23; 136F.56, subdivision 5; 136F.581, subdivision 3;
136F.66; 136F.72, subdivision 3; 136F.96; 137.35, subdivisions 1, 2, and 3; 144.0742; 144.95, subdivision 5; 161.315,
subdivision 4; 161.321, subdivisions 1, 2, 5, 6, and 7; 161.41, subdivision 2; 179A.23; 198.35, subdivision 1; 216C.02,
subdivision 1; 237.51, subdivision 5a; 241.0221, subdivision 6; 241.27, subdivision 2; 246.36; 246.57, subdivisions 1
and 6; 256B.031, subdivision 1; 256B.04, subdivisions 14 and 15; 298.2211, subdivision 4; 349A.06, subdivision 1;
349A.07, subdivision 6; 352.03, subdivisions 6 and 16; 354.06, subdivision 2a; 354.07, subdivision 7; 356A.06,
subdivision 7; 446A.12, subdivision 5; 462A.18, subdivision 2; 471.345, subdivision 8; 473.142; 473.556, subdivision 14;
480.09, subdivision 1; and 626.90, subdivision 2; Minnesota Statutes 1997 Supplement, sections 3.225, subdivision 1;
16A.15, subdivision 3; 16B.465, subdivision 7; 16E.07, subdivision 9; 17.03, subdivision 12; 41D.03, subdivision 7;
61B.21, subdivision 1; 85A.02, subdivision 5b; 121.1113, subdivision 2; 136A.40; 138.35, subdivision 1b; 179A.03,
subdivision 14; 216D.03, subdivision 2; 241.277, subdivision 2; 256B.19, subdivision 2a; 256D.03, subdivision 6; 353.03,
subdivision 3a; and 626.91, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16C; and 174;
repealing Minnesota Statutes 1996, sections 16B.06; 16B.07; 16B.08; 16B.09; 16B.101; 16B.102; 16B.103; 16B.123;
16B.13; 16B.14; 16B.15; 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, subdivisions 1, 2, and 4; 16B.185; 16B.19; 16B.20,
subdivisions 1 and 3; 16B.21; 16B.22; 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; and 16B.89; Minnesota Statutes 1997
Supplement, sections 16B.18, subdivision 3; 16B.20, subdivision 2; and 16B.482.
The bill was read for the first time.
Kahn moved that S. F. No. 726 and H. F. No. 384, now on General Orders, be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No. 2928, A bill for an act relating to insurance; prohibiting affiliates of insurance companies from
engaging in rebating that is illegal for insurance companies; amending Minnesota Statutes 1996, section 72A.08,
subdivisions 1, 2, and 3.
The bill was read for the first time.
Davids moved that S. F. No. 2928 and H. F. No. 3402, now on General Orders, be referred to the Chief Clerk for
comparison. The motion prevailed.
Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 3830.
H. F. No. 3830, A bill for an act relating to claims; providing for payment of certain claims against the state; authorizing
reimbursement of certain costs and fees; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 3.
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 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
FIRST READING OF SENATE BILLS
Abrams | Erhardt | Johnson, A. | Mariani | Pawlenty | Stang |
Anderson, I. | Erickson | Johnson, R. | Marko | Paymar | Sviggum |
Bettermann | Evans | Juhnke | McCollum | Pelowski | Swenson, H. |
Biernat | Farrell | Kahn | McElroy | Peterson | Sykora |
Bishop | Finseth | Kalis | McGuire | Pugh | Tingelstad |
Boudreau | Folliard | Kelso | Milbert | Rest | Tomassoni |
Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8297 |
|||||
Bradley | Garcia | Kinkel | Molnau | Reuter | Tompkins |
Broecker | Goodno | Knoblach | Mulder | Rhodes | Trimble |
Carlson | Greenfield | Koskinen | Mullery | Rifenberg | Tuma |
Chaudhary | Greiling | Kraus | Munger | Rostberg | Tunheim |
Clark, J. | Gunther | Kubly | Murphy | Rukavina | Van Dellen |
Clark, K. | Haas | Kuisle | Ness | Schumacher | Vandeveer |
Commers | Harder | Larsen | Nornes | Seagren | Wagenius |
Daggett | Hasskamp | Leighton | Olson, E. | Seifert | Weaver |
Davids | Hausman | Leppik | Opatz | Sekhon | Wejcman |
Dawkins | Hilty | Lieder | Orfield | Skare | Wenzel |
Dehler | Holsten | Lindner | Osskopp | Skoglund | Westfall |
Delmont | Huntley | Long | Osthoff | Slawik | Westrom |
Dempsey | Jaros | Macklin | Otremba, M. | Smith | Winter |
Dorn | Jefferson | Mahon | Ozment | Solberg | Wolf |
Entenza | Jennings | Mares | Paulsen | Stanek | Spk. Carruthers |
Those who voted in the negative were:
Anderson, B. | Kielkucki | Knight | Krinkie | Olson, M. | Workman |
The bill was passed and its title agreed to.
H. F. No. 3297 was reported to the House.
Long moved to amend H. F. No. 3297, the first engrossment, as follows:
Page 1, line 15, delete ", but does not include operation, maintenance,"
Page 1, delete lines 16 and 17, and insert a period
Page 1, line 26, delete "commencement of" and insert "initiation of physical on-site"
Page 2, delete lines 2 to 9 and insert:
"(b) A party prevailing in an action commenced within the time required under paragraph (a) shall be entitled to a declaratory judgment of liability for all future reasonable and necessary costs incurred by that party to respond to the release or threatened release, including costs and expenses under section 115B.17, subdivision 6."
Page 2, line 28, delete "make reasonable efforts to provide" and insert "give"
Page 2, line 29, before the comma insert "by publication of a notice in a newspaper of general circulation in the affected area"
Page 2, line 31, after "given" insert "by certified mail"
Page 3, line 4, after the period, insert: "Response costs incurred before the effective date of section 2 are recoverable in an action commenced on or after the effective date of section 2 only if physical on-site construction of the response action was initiated not more than six years before the cost recovery action is commenced."
The motion prevailed and the amendment was adopted.
H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; requiring public notice of proposed response actions; amending Minnesota Statutes 1996, sections 115B.02, by adding a subdivision; 115B.11; and 115B.17, by adding a subdivision.
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 129 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Pursuant to rule 2.05, Speaker pro tempore Opatz excused Abrams from voting on H. F. No. 3297, as amended.
Anderson, B. | Erickson | Kahn | McCollum | Pelowski | Sykora |
Anderson, I. | Evans | Kalis | McElroy | Peterson | Tingelstad |
Bettermann | Farrell | Kelso | McGuire | Pugh | Tomassoni |
Biernat | Finseth | Kielkucki | Milbert | Rest | Tompkins |
Bishop | Folliard | Kinkel | Molnau | Reuter | Trimble |
Boudreau | Garcia | Knoblach | Mulder | Rhodes | Tuma |
Bradley | Goodno | Koskinen | Mullery | Rifenberg | Tunheim |
Broecker | Greenfield | Kraus | Munger | Rostberg | Van Dellen |
Carlson | Greiling | Krinkie | Murphy | Rukavina | Vandeveer |
Chaudhary | Gunther | Kubly | Ness | Schumacher | Wagenius |
Clark, J. | Haas | Kuisle | Nornes | Seagren | Weaver |
Clark, K. | Harder | Larsen | Olson, E. | Seifert | Wejcman |
Commers | Hasskamp | Leighton | Olson, M. | Sekhon | Wenzel |
Daggett | Hausman | Leppik | Opatz | Skare | Westfall |
Davids | Hilty | Lieder | Orfield | Skoglund | Westrom |
Dawkins | Huntley | Lindner | Osskopp | Slawik | Winter |
Dehler | Jaros | Long | Osthoff | Smith | Wolf |
Delmont | Jefferson | Macklin | Otremba, M. | Solberg | Workman |
Dempsey | Jennings | Mahon | Ozment | Stanek | Spk. Carruthers |
Dorn | Johnson, A. | Mares | Paulsen | Stang | |
Entenza | Johnson, R. | Mariani | Pawlenty | Sviggum | |
Erhardt | Juhnke | Marko | Paymar | Swenson, H. | |
Those who voted in the negative were:
HolstenKnight | |
The bill was passed, as amended, and its title agreed to.
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. 3032, 2429, 3036, 2068 and 2207; H. F. No. 2625; S. F. No. 1378; and H. F. No. 2985.
S. F. No. 3032, A bill for an act relating to insurance; regulating investments of certain insurers; amending Minnesota Statutes 1996, sections 61A.14, subdivision 4; and 61A.276, subdivision 4; proposing coding for new law as Minnesota Statutes, chapter 60L.
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 128 yeas and 4 nays as
follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | McCollum | Peterson | Tingelstad |
Anderson, B. | Erickson | Juhnke | McElroy | Pugh | Tomassoni |
Anderson, I. | Evans | Kahn | McGuire | Rest | Tompkins |
Bettermann | Farrell | Kalis | Milbert | Reuter | Trimble |
Biernat | Finseth | Kelso | Molnau | Rhodes | Tuma |
Bishop | Folliard | Kielkucki | Mulder | Rifenberg | Tunheim |
Boudreau | Garcia | Kinkel | Mullery | Rostberg | Van Dellen |
Bradley | Goodno | Knoblach | Munger | Rukavina | Vandeveer |
Broecker | Greenfield | Koskinen | Murphy | Schumacher | Wagenius |
Carlson | Greiling | Kraus | Ness | Seagren | Weaver |
Chaudhary | Gunther | Kubly | Nornes | Seifert | Wejcman |
Clark, J. | Haas | Kuisle | Olson, E. | Sekhon | Wenzel |
Clark, K. | Harder | Larsen | Opatz | Skare | Westfall |
Commers | Hasskamp | Leighton | Orfield | Skoglund | Westrom |
Daggett | Hausman | Leppik | Osskopp | Slawik | Winter |
Davids | Hilty | Lieder | Osthoff | Smith | Wolf |
Dawkins | Holsten | Long | Otremba, M. | Solberg | Workman |
Dehler | Huntley | Macklin | Ozment | Stanek | Spk. Carruthers |
Delmont | Jaros | Mahon | Paulsen | Stang | |
Dempsey | Jefferson | Mares | Pawlenty | Sviggum | |
Dorn | Jennings | Mariani | Paymar | Swenson, H. | |
Entenza | Johnson, A. | Marko | Pelowski | Sykora | |
Those who voted in the negative were:
Knight | Krinkie | Lindner | Olson, M. |
The bill was passed and its title agreed to.
S. F. No. 2429, A bill for an act relating to the legislative auditor; adding a member to the local government services advisory council; clarifying the appointment of council members; amending Minnesota Statutes 1997 Supplement, section 3.971, subdivision 4.
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 126 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Mariani | Paulsen | Stang |
Anderson, I. | Erickson | Juhnke | Marko | Pawlenty | Sviggum |
Bettermann | Evans | Kalis | McCollum | Paymar | Swenson, H. |
Biernat | Finseth | Kelso | McElroy | Pelowski | Sykora |
Bishop | Folliard | Kielkucki | McGuire | Peterson | Tingelstad |
Boudreau | Garcia | Kinkel | Milbert | Pugh | Tomassoni |
Bradley | Goodno | Knoblach | Molnau | Rest | Tompkins |
Broecker | Greenfield | Koskinen | Mulder | Reuter | Trimble |
Carlson | Greiling | Kraus | Mullery | Rhodes | Tuma |
Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8300 |
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Chaudhary | Gunther | Krinkie | Munger | Rifenberg | Tunheim |
Clark, J. | Haas | Kubly | Murphy | Rostberg | Van Dellen |
Clark, K. | Harder | Kuisle | Ness | Rukavina | Vandeveer |
Commers | Hasskamp | Larsen | Nornes | Schumacher | Wagenius |
Daggett | Hausman | Leighton | Olson, E. | Seifert | Weaver |
Davids | Hilty | Leppik | Olson, M. | Sekhon | Wejcman |
Dawkins | Holsten | Lieder | Opatz | Skare | Wenzel |
Dehler | Huntley | Lindner | Orfield | Skoglund | Westfall |
Delmont | Jaros | Long | Osskopp | Slawik | Westrom |
Dempsey | Jefferson | Macklin | Osthoff | Smith | Winter |
Dorn | Jennings | Mahon | Otremba, M. | Solberg | Wolf |
Entenza | Johnson, A. | Mares | Ozment | Stanek | Spk. Carruthers |
Those who voted in the negative were:
Anderson, B. | Knight | Workman |
The bill was passed and its title agreed to.
S. F. No. 3036, A bill for an act relating to limited partnerships; regulating withdrawals by limited partners; changing state law to provide favorable federal estate tax valuation treatment in certain circumstances; amending Minnesota Statutes 1996, section 322A.47.
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 | Erhardt | Johnson, R. | Mares | Paulsen | Stang |
Anderson, B. | Erickson | Juhnke | Mariani | Pawlenty | Sviggum |
Anderson, I. | Evans | Kahn | Marko | Paymar | Swenson, H. |
Bettermann | Farrell | Kalis | McCollum | Pelowski | Sykora |
Biernat | Finseth | Kelso | McElroy | Peterson | Tingelstad |
Bishop | Folliard | Kielkucki | McGuire | Pugh | Tomassoni |
Boudreau | Garcia | Kinkel | Milbert | Rest | Tompkins |
Bradley | Goodno | Knight | Molnau | Reuter | Trimble |
Broecker | Greenfield | Knoblach | Mulder | Rhodes | Tuma |
Carlson | Greiling | Koskinen | Mullery | Rifenberg | Tunheim |
Chaudhary | Gunther | Kraus | Munger | Rostberg | Van Dellen |
Clark, J. | Haas | Krinkie | Murphy | Rukavina | Vandeveer |
Clark, K. | Harder | Kubly | Ness | Schumacher | Wagenius |
Commers | Hasskamp | Kuisle | Nornes | Seagren | Weaver |
Daggett | Hausman | Larsen | Olson, E. | Seifert | Wejcman |
Davids | Hilty | Leighton | Olson, M. | Sekhon | Wenzel |
Dawkins | Holsten | Leppik | Opatz | Skare | Westfall |
Dehler | Huntley | Lieder | Orfield | Skoglund | Westrom |
Delmont | Jaros | Lindner | Osskopp | Slawik | Winter |
Dempsey | Jefferson | Long | Osthoff | Smith | Wolf |
Dorn | Jennings | Macklin | Otremba, M. | Solberg | Workman |
Entenza | Johnson, A. | Mahon | Ozment | Stanek | Spk. Carruthers |
Anderson, I. | Farrell | Johnson, A. | Mariani | Paymar | Stanek |
Bettermann | Finseth | Johnson, R. | Marko | Pelowski | Stang |
Biernat | Folliard | Juhnke | McCollum | Peterson | Swenson, H. |
Bishop | Garcia | Kahn | McElroy | Pugh | Tingelstad |
Carlson | Goodno | Kalis | McGuire | Rest | Tomassoni |
Chaudhary | Greenfield | Kelso | Milbert | Reuter | Trimble |
Clark, J. | Greiling | Kinkel | Mullery | Rhodes | Tuma |
Clark, K. | Gunther | Knoblach | Munger | Rifenberg | Tunheim |
Commers | Haas | Koskinen | Murphy | Rostberg | Wagenius |
Daggett | Harder | Kraus | Ness | Rukavina | Weaver |
Davids | Hasskamp | Kubly | Nornes | Schumacher | Wejcman |
Dawkins | Hausman | Kuisle | Olson, E. | Seagren | Wenzel |
Delmont | Hilty | Leighton | Opatz | Seifert | Westfall |
Dempsey | Holsten | Leppik | Orfield | Sekhon | Winter |
Dorn | Huntley | Lieder | Osskopp | Skare | Wolf |
Entenza | Jaros | Long | Osthoff | Skoglund | Spk. Carruthers |
Erhardt | Jefferson | Mahon | Otremba, M. | Slawik | |
Evans | Jennings | Mares | Ozment | Solberg | |
Those who voted in the negative were:
Abrams | Dehler | Larsen | Olson, M. | Sykora | Workman |
Anderson, B. | Erickson | Lindner | Paulsen | Tompkins | |
Boudreau | Kielkucki | Macklin | Pawlenty | Van Dellen | |
Bradley | Knight | Molnau | Smith | Vandeveer | |
Broecker | Krinkie | Mulder | Sviggum | Westrom | |
The bill was passed and its title agreed to.
S. F. No. 2207, A bill for an act relating to health; exempting certain prescriptions from bearing a federal drug enforcement administration registration number; restricting the use and the release of the federal drug enforcement administration registration number; amending Minnesota Statutes 1996, section 152.11, by adding subdivisions.
The bill was read for the third time and placed upon its
final passage.
The question was taken on the passage of the bill and the
roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Johnson, R. | Mariani | Pawlenty | Sviggum |
Anderson, B. | Erickson | Juhnke | Marko | Paymar | Swenson, H. |
Anderson, I. | Evans | Kalis | McCollum | Pelowski | Sykora |
Bettermann | Farrell | Kelso | McElroy | Peterson | Tingelstad |
Biernat | Finseth | Kielkucki | McGuire | Pugh | Tomassoni |
Bishop | Folliard | Kinkel | Milbert | Rest | Tompkins |
Boudreau | Garcia | Knight | Molnau | Reuter | Trimble |
Bradley | Goodno | Knoblach | Mulder | Rhodes | Tuma |
Broecker | Greenfield | Koskinen | Mullery | Rifenberg | Tunheim |
Carlson | Greiling | Kraus | Munger | Rostberg | Van Dellen |
Chaudhary | Gunther | Krinkie | Murphy | Rukavina | Vandeveer |
Clark, J. | Haas | Kubly | Ness | Schumacher | Wagenius |
Clark, K. | Harder | Kuisle | Nornes | Seagren | Weaver |
Commers | Hasskamp | Larsen | Olson, E. | Seifert | Wejcman |
Daggett | Hausman | Leighton | Olson, M. | Sekhon | Wenzel |
Davids | Hilty | Leppik | Opatz | Skare | Westfall |
Dawkins | Holsten | Lieder | Orfield | Skoglund | Westrom |
Dehler | Huntley | Lindner | Osskopp | Slawik | Winter |
Delmont | Jaros | Long | Osthoff | Smith | Wolf |
Dempsey | Jefferson | Macklin | Otremba, M. | Solberg | Workman |
Dorn | Jennings | Mahon | Ozment | Stanek | Spk. Carruthers |
Entenza | Johnson, A. | Mares | Paulsen | Stang | |
The bill was passed and its title agreed to.
Speaker pro tempore Opatz called Wejcman to the Chair.
H. F. No. 2625 was reported to the House.
Tomassoni moved that H. F. No. 2625 be continued on Special Orders. The motion prevailed.
S. F. No. 1378 was reported to the House.
McGuire moved to amend S. F. No. 1378 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1626, the first engrossment:
"Section 1. Minnesota Statutes 1996, section 3.153, is amended by adding a subdivision to read:
Subd. 6. [IMMUNITY FOR
DISCLOSURE; DISCLOSURE BY COMMITTEE.] A person who
produces records or gives testimony in response to a subpoena issued under this
section is immune from civil or criminal liability or occupational disciplinary
proceedings that might otherwise result from the fact of the disclosure made by
the production of the records or giving of the testimony. A joint legislative
commission or standing or interim legislative committee which receives testimony
or documents pursuant to a subpoena issued under this section may disclose the
testimony or documents, notwithstanding any other statutory provision that
restricts access to or disclosure of the documents or the substance of the
testimony.
Sec. 2. Minnesota Statutes 1996, section 13.33, is
amended to read:
13.33 [ELECTED OFFICIALS; CORRESPONDENCE; PRIVATE DATA.]
Correspondence between individuals and elected officials
is private data on individuals, but may be made public by either the sender or
the recipient. This section does not apply to
correspondence between elected officials or between an elected official and a
government employee acting within the scope of employment.
Sec. 3. Minnesota Statutes 1997 Supplement, section
13.37, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section,
the following terms have the meanings given them.
(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering,
improper use, attempted escape, illegal disclosure, trespass, or physical
injury. "Security information" includes crime prevention block maps and lists of
volunteers who participate in community crime prevention programs and their home
addresses and telephone numbers.
(b) "Trade secret information" means government data,
including a formula, pattern, compilation, program, device, method, technique or
process (1) that was supplied by the affected individual or organization, (2)
that is the subject of efforts by the individual or organization that are
reasonable under the circumstances to maintain its secrecy, and (3) that derives
independent economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by, other persons who
can obtain economic value from its disclosure or use.
(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been presented during
the collective bargaining process or interest arbitration, including information
specifically collected or created to prepare the management position.
(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking space: residence
address, home telephone number, beginning and ending work hours, place of
employment, (e) "Internal competitive proposal" means a proposal to
provide government services that is prepared by the staff of a political
subdivision in competition with proposals solicited by the political subdivision
from the private sector.
Sec. 4. Minnesota Statutes 1997 Supplement, section
13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data
or a statute specifically provides a different classification, data on
individuals collected, maintained, used, or disseminated by the welfare system
is private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing
access to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in the investigation
or prosecution of a criminal or civil proceeding relating to the administration
of a program;
(5) to personnel of the welfare system who require the
data to determine eligibility, amount of assistance, and the need to provide
services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in
the same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names, social security
numbers, income, addresses, and other data as required, upon request by the
department of revenue to administer the property tax refund law, supplemental
housing allowance, early refund of refundable tax credits, and the income tax.
"Refundable tax credits" means the dependent care credit under section 290.067,
the Minnesota working family credit under section 290.0671, the property tax
refund under section 290A.04, and, if the required federal waiver or waivers are
granted, the federal earned income tax credit under section 32 of the Internal
Revenue Code;
(9) (10) to appropriate parties in connection with an
emergency if knowledge of the information is necessary to protect the health or
safety of the individual or other individuals or persons;
(11) data maintained by residential programs as defined
in section 245A.02 may be disclosed to the protection and advocacy system
established in this state according to Part C of Public Law Number 98-527 to
protect the legal and human rights of persons with mental retardation or other
related conditions who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on behalf of that
person and the person does not have a legal guardian or the state or a designee
of the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments
to the public agency may be disclosed to the higher education services office to
the extent necessary to determine eligibility under section 136A.121,
subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed to the department
of revenue to conduct an electronic data match with the property tax refund
database to determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to
families with dependent children or Minnesota family investment
program-statewide may be disclosed to law enforcement officers who provide the
name of the recipient and notify the agency that:
(i) the recipient:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt to commit a
crime that is a felony under the laws of the jurisdiction from which the
individual is fleeing; or
(B) is violating a condition of probation or parole
imposed under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law
enforcement officers who are investigating the recipient in connection with a
felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or federal law
enforcement officials, upon their written request, for the purpose of
investigating an alleged violation of the Food Stamp Act, according to Code of
Federal Regulations, title 7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving food stamps shall
be made available, on request, to a local, state, or federal law enforcement
officer if the officer furnishes the agency with the name of the member and
notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a crime that is a
felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole
imposed under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) certain information regarding child support obligors
who are in arrears may be made public according to section 518.575;
(20) data on child support payments made by a child
support obligor, and data on the distribution of those
payments excluding identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority (21) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(22) to the department of children, families, and
learning for the purpose of matching department of children, families, and
learning student data with public assistance data to determine students eligible
for free and reduced price meals, meal supplements, and free milk according to
United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773;
to produce accurate numbers of students receiving aid to families with dependent
children or Minnesota family investment program-statewide as required by section
124.175; to verify receipt of energy assistance for the
telephone assistance plan; and to allocate federal and state funds that are
distributed based on income of the student's family;
(23) the current address and telephone number of program
recipients and emergency contacts may be released to the commissioner of health
or a local board of health as defined in section 145A.02, subdivision 2, when
the commissioner or local board of health has reason to believe that a program
recipient is a disease case, carrier, suspect case, or at risk of illness, and
the data are necessary to locate the person; (24) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney general, and
agencies of other states, interstate information networks, federal agencies, and
other entities as required by federal regulation or law for the administration
of the child support enforcement program;
(25) to provide personnel of the
public assistance programs as defined in section 256.741 access to the child
support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs; or support and public
assistance programs, between personnel of the child support enforcement program
and personnel of public assistance programs providing any form of assistance
under AFDC, MFIP, and MFIP-R under chapter 256; MFIP-S under chapter 256J; and
work first under chapter 256K; child care assistance provided through the child
care fund under chapter 119B; any form of assistance under medical assistance
under chapter 256B; general assistance medical care under chapter 256D; or
MinnesotaCare under chapter 256L; and foster care as provided under title IV-E
of the Social Security Act; or
(26) to exchange data between the
departments of human services and children, families, and learning on recipients
and former recipients of food stamps; cash assistance under chapter 256, 256D,
256J, or 256K; child care assistance under chapter 119B; or medical programs
under chapter 256B, 256D, or 256L, to monitor and evaluate the statewide
Minnesota family investment program.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the requirements of Code of
Federal Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are
investigative data and are confidential or protected nonpublic while the
investigation is active. The data are private after the investigation becomes
inactive under section 13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access provisions of
subdivision 10, paragraph (b).
Sec. 5. Minnesota Statutes 1996, section 13.65,
subdivision 1, is amended to read:
Subdivision 1. [PRIVATE DATA.] The following data
created, collected, and maintained by the office of
the attorney general are classified as private data on individuals:
(a) the record, including but not limited to, the
transcript and exhibits of all disciplinary proceedings held by a state agency,
board or commission, except in those instances where there is a public hearing;
(b) communications and noninvestigative files regarding
administrative or policy matters which do not evidence final public actions;
(c) consumer complaint data, other than that data
classified as confidential, including consumers' complaints against businesses
and follow-up investigative materials, except as
otherwise provided by subdivision 2a;
(d) investigative data, obtained in anticipation of, or
in connection with litigation or an administrative proceeding where the
investigation is not currently active; and
(e) data collected by the consumer division of the
attorney general's office in its administration of the home protection hot line
including: the name, address, and Sec. 6. Minnesota Statutes 1996, section 13.65, is
amended by adding a subdivision to read:
Subd. 2a. [CERTAIN CONSUMER
COMPLAINT DATA.] The name, address, and telephone number
of a person who has filed a consumer complaint with the consumer division of the
attorney general's office may be released to an attorney representing a party in
an action involving a consumer complaint if:
(1) the attorney general
determines that release of the data would not interfere with an active
investigation or litigation being conducted by the attorney general; and
(2) the individual grants
permission to the attorney general to allow release of the data.
Sec. 7. Minnesota Statutes 1996, section 13.794,
subdivision 1, is amended to read:
Subdivision 1. [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC
DATA.] Data, notes, and preliminary drafts of reports created, collected, and
maintained by the internal audit offices of state agencies and political subdivisions, or persons performing audits
for state agencies and political subdivisions, and
relating to an audit or investigation are confidential data on individuals or
protected nonpublic data until the final report has been published or the audit
or investigation is no longer being pursued actively Sec. 8. Minnesota Statutes 1996, section 13.82, is
amended by adding a subdivision to read:
Subd. 3b. [DOMESTIC ABUSE
DATA.] The written police report required by section
629.341, subdivision 4, of an alleged incident described in section 629.341,
subdivision 1, and any arrest report or incident report arising out of such an
incident or out of an alleged violation of an order for protection shall be
released upon request, at no cost, to an organization designated by the
Minnesota center for crime victims services, the department of corrections, or
the department of public safety that provides services to victims of domestic
abuse. The executive director or the commissioner of the appropriate state
agency shall develop written criteria for this designation in consultation with
the battered women's advisory council.
Sec. 9. Minnesota Statutes 1996, section 13.85,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA.] Unless the data are summary data
or arrest data, or a statute specifically provides a different classification,
corrections and detention data on individuals are classified as private pursuant
to section 13.02, subdivision 12, to the extent that the release of the data
would either (a) disclose Sec. 10. Minnesota Statutes 1996, section 168.346, is
amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
(a) The registered owner of a motor vehicle may request
in writing that the owner's residence address or name and residence address be
classified as private data on individuals, as defined in section 13.02,
subdivision 12. The commissioner shall grant the classification upon receipt of
a signed statement by the owner that the classification is required for the
safety of the owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive service of process.
The commissioner shall use the mailing address in place of the residence address
in all documents and notices pertaining to the motor vehicle. The residence
address or name and residence address and any information provided in the
classification request, other than the mailing address, are private data on
individuals and may be provided to requesting law enforcement agencies,
probation and parole agencies, and public authorities, as defined in section
518.54, subdivision 9.
(b) An individual registered owner of a motor vehicle
must be informed in a clear and conspicuous manner on the forms for issuance or
renewal of titles and registrations, that the owner's personal information may
be disclosed to any person who makes a request for the personal information, and
that, except for uses permitted by United States Code, title 18, section 2721,
clause (b), the registered owner may prohibit disclosure of the personal
information by so indicating on the form.
(c) At the time of registration or renewal, the
individual registered owner of a motor vehicle must also be informed in a clear
and conspicuous manner on forms that the owner's personal information may be
used, rented, or sold solely for bulk distribution by organizations for business
purposes including surveys, marketing, and solicitation. The commissioner shall
implement methods and procedures that enable the registered owner to request
that bulk surveys, marketing, or solicitation not be directed to the owner. If
the registered owner so requests, the commissioner shall implement the request
in a timely manner and the personal information may not be so used.
(d) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a motor vehicle is
public data on individuals and shall be disclosed as permitted by United States
Code, title 18, section 2721, clause (b). For purposes of
this paragraph, access by requesters making requests described in section
168.345, subdivision 4, is deemed to be related to public safety.
Sec. 11. Minnesota Statutes 1997 Supplement, section
260.161, subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner as the court
deems necessary and proper. Except as provided in paragraph (b), the court shall
keep and maintain records pertaining to delinquent adjudications until the
person reaches the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of the juvenile, to a
requesting adult court for purposes
of sentencing, or to an adult court or juvenile court as
required by the right of confrontation of either the United States Constitution
or the Minnesota Constitution. The juvenile court shall provide, upon the
request of any other juvenile court, copies of the records concerning
adjudications involving the particular child. The court also may provide copies
of records concerning delinquency adjudications, on request, to law enforcement
agencies, probation officers, and corrections agents if the court finds that
providing these records serves public safety or is in the best interests of the
child. Until July 1, 1999, juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions, including any
probable cause attachments that have been filed or police officer reports
relating to a petition, must be released to requesting law enforcement agencies
and prosecuting authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or mental health
reports may not be included with those records. The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name of the child.
After the name of each file shall be shown the file number and, if ordered by
the court, the book and page of the register in which the documents pertaining
to such file are listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all documents filed
pertaining to the child and in the order filed. The list shall show the name of
the document and the date of filing thereof. The juvenile court legal records
shall be deposited in files and shall include the petition, summons, notice,
findings, orders, decrees, judgments, and motions and such other matters as the
court deems necessary and proper. Unless otherwise provided by law, all court
records shall be open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony or gross misdemeanor
level offense until the offender reaches the age of 28. If the offender commits
a felony as an adult, or the court convicts a child as an extended jurisdiction
juvenile, the court shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at the time of the
juvenile offense. This paragraph does not apply unless the juvenile was provided
counsel as required by section 260.155, subdivision 2.
Sec. 12. Minnesota Statutes 1997 Supplement, section
268.19, is amended to read:
268.19 [INFORMATION.]
(a) Except as (b) Data on individuals and (c) Tape recordings and
transcripts of recordings of proceedings conducted in accordance with section
268.105 and exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and shall be disclosed
only pursuant to the administration of section 268.105, or pursuant to a court
order.
(d) The department may disseminate
an employer's name, address, industry code, occupations employed, and the number
of employees by ranges of not less than 100 for the purpose of assisting
individuals using the Minnesota Workforce Center System in obtaining
employment.
(e) The general aptitude test
battery and the nonverbal aptitude test battery as administered by the
department are (f) Data on individuals
collected, maintained, or created because an individual applies for benefits or
services provided by the energy assistance and weatherization programs
administered by the department (g) Data gathered by the
department pursuant to the administration of sections 268.03 to 268.23 shall not
be made the subject or the basis for any suit in any civil proceedings,
administrative or judicial, unless the action is initiated by the department.
Sec. 13. Minnesota Statutes 1997 Supplement, section
270B.01, subdivision 8, is amended to read:
Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
chapter only, unless expressly stated otherwise,
"Minnesota tax laws" means the taxes, refunds, and fees administered by or paid
to the commissioner under chapters 115B (except taxes imposed under sections
115B.21 to 115B.24), 289A (except taxes imposed under sections 298.01, 298.015,
and 298.24), 290, 290A, 291, 297A, and 297H and sections 295.50 to 295.59, or
any similar Indian tribal tax administered by the commissioner pursuant to any
tax agreement between the state and the Indian tribal government, and includes
any laws for the assessment, collection, and enforcement of those taxes,
refunds, and fees.
Sec. 14. Minnesota Statutes 1996, section 270B.02,
subdivision 3, is amended to read:
Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED
NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the name or existence
of an informer, informer letters, and other unsolicited data, in whatever form,
given to the department of revenue by a person, other than the data subject, who
informs that a specific taxpayer is not or may not be in compliance with tax
laws, or nontax laws administered by the department of revenue, including laws not listed in section 270B.01, subdivision
8, are confidential data on individuals or protected nonpublic data as
defined in section 13.02, subdivisions 3 and 13.
(b) Data under paragraph (a) may be disclosed with the
consent of the informer or upon a written finding by a court that the
information provided by the informer was false and that there is evidence that
the information was provided in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the rules of criminal
procedure.
Sec. 15. Minnesota Statutes 1996, section 270B.03,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATIVE DATA.] Sec. 16. Minnesota Statutes 1996, section 270B.12,
subdivision 6, is amended to read:
Subd. 6. [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY
GENERAL.] Returns and return information Sec. 17. Minnesota Statutes 1996, section 629.341,
subdivision 4, is amended to read:
Subd. 4. [REPORT REQUIRED.] Whenever a peace officer
investigates an allegation that an incident described in subdivision 1 has
occurred, whether or not an arrest is made, the officer shall make a written
police report of the alleged incident. The report must
contain at least the following information: the name, address, and telephone
number of the victim, a statement as to whether or not an arrest occurred, the
name of the arrested person, and a brief summary of the incident. The report
required by the subdivision is private data but shall be provided upon request,
at no cost, to organizations designated by the Minnesota crime victims services
center, the department of public safety, or the commissioner of corrections that
are providing services to victims of domestic abuse. The officer shall
submit the report to the officer's supervisor or other person to whom the
employer's rules or policies require reports of similar allegations of criminal
activity to be made.
Sec. 18. [REPEALER.]
Minnesota Statutes 1996, section
270.10, subdivision 3, is repealed.
Sec. 19. [REVISOR'S INSTRUCTION.]
In the next edition of Minnesota
Statutes, the revisor must renumber section 13.794 as 13.392 or otherwise
include it among appropriate sections that refer to both state agencies and
political subdivisions in Minnesota Statutes, chapter 13.
Sec. 20. [EFFECTIVE DATE.]
Sections 4, clause (25); 13 to 16;
and 18 are effective the day following final enactment.
Sections 7 and 19 are effective
July 1, 1998."
and work telephone number, and location of the parking space.
to between the department of human services and the
Minnesota department of economic security for the purpose of monitoring the
eligibility of the data subject for reemployment insurance, for any employment
or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation
program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone
assistance plan or exchange data on recipients and
former recipients of food stamps, cash assistance under chapter 256, 256D, 256J,
or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L to monitor and evaluate the statewide Minnesota
family investment program;
and, the status of those actions, and data on the income of
the obligor or obligee may be disclosed to the other party;
or
phone telephone number of the consumer; the name and address
of the mortgage company; the total amount of the mortgage; the amount of money
needed to bring the delinquent mortgage current; the consumer's place of
employment; the consumer's total family income; and the history of attempts made
by the consumer to renegotiate a delinquent mortgage.
., except that they shall be
disclosed as necessary to comply with the requirements of section 6.67 or
609.456. This section does not limit in any way the state auditor's access to
government data of political subdivisions or data, notes, or preliminary drafts
of reports of persons performing audits for political subdivisions.
personal, medical,
psychological, or financial information, or personal
information not related to their lawful confinement or detainment or (b)
endanger an individual's life.
The
records have the same data classification in the hands of t The agency
receiving them as they had in the hands of the court
the records may release the records only as permitted
under this section or authorized by law.
hereinafter otherwise provided by
this section, data gathered from any employing
unit employer or individual pursuant to the
administration of sections 268.03 to 268.23, and from any
determination as to the benefit rights of any individual are private data on
individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except pursuant to a court order
or section 13.05. These data may be disseminated to and used by the following
agencies without the consent of the subject of the data:
(a) (1) state and federal agencies specifically authorized
access to the data by state or federal law;
(b) (2) any agency of this Minnesota or any other state; or any federal agency
charged with the administration of an employment security law or the maintenance
of a system of public employment offices;
(c) local (3) human rights groups agencies within the state Minnesota which have enforcement powers;
(d) (4) the department of revenue shall have access to
department of economic security private data on
individuals and nonpublic data not on individuals only to the extent necessary
for enforcement of Minnesota tax laws;
(e) (5) public and private agencies responsible for
administering publicly financed assistance programs for the purpose of
monitoring the eligibility of the program's recipients;
(f) (6) the department of labor and industry on an
interchangeable basis with the department of economic
security subject to the following limitations and notwithstanding any law to
the contrary:
(1) (i) the department of economic
security shall have access to private data on individuals and nonpublic data
not on individuals for uses consistent with the administration of its duties
under sections 268.03 to 268.23; and
(2) (ii) the department of labor and industry shall have
access to private data on individuals and nonpublic data not on individuals for
uses consistent with the administration of its duties under state Minnesota law;
(g) (7) the department of trade and economic development may
have access to private data on individual employing
units employers and nonpublic data not on
individual employing units employers for its internal use only; when received by
the department of trade and economic development, the data remain private data
on individuals or nonpublic data;
(h) (8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for any employment
or training program administered by those agencies, whether alone, in
combination with another welfare agency, or in conjunction with the department
of economic security, or to
monitor and evaluate the statewide Minnesota Family Investment Program by
providing data on recipients and former recipients of food stamps, cash, child
care, and medical programs;
(i) (9) local, state, and federal law enforcement agencies
for the sole purpose of ascertaining the last known address and employment
location of the data subject, provided the data subject is the subject of a
criminal investigation; and
(j) (10) the department of health may have access to private
data on individuals and nonpublic data not on individuals solely for the
purposes of epidemiologic investigations.
employing units employers
which are collected, maintained, or used by the department in an investigation
pursuant to section 268.182 are confidential as to data on individuals and
protected nonpublic data not on individuals as defined in section 13.02,
subdivisions 3 and 13, and shall not be disclosed except pursuant to statute or
court order or to a party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
Aggregate data about employers
compiled from individual job orders placed with the department of economic
security are private data on individuals and nonpublic data not on individuals
as defined in section 13.02, subdivisions 9 and 12, if the commissioner
determines that divulging the data would result in disclosure of the identity of
the employer.
also classified as private data on
individuals or nonpublic data.
of economic security
is private data on individuals and shall not be disseminated except pursuant to
section 13.05, subdivisions 3 and 4.
Notwithstanding For purposes
of any law to the contrary, the disclosure of administered by the department of revenue, including laws
not listed in section 270B.01, subdivision 8, investigative data collected
or created by the department of revenue in order to prepare a case against a
person, whether known or unknown, for the commission of a crime is governed by section 13.82, subdivision 5, confidential or protected nonpublic during an
investigation. When the investigation becomes inactive, as defined in section
13.82, subdivision 5, the previous classifications otherwise applicable under any other laws become
effective.
may shall be open to inspection by or disclosure to an
employee or agent of the department of revenue and
the attorney general only for the purpose of and to
the extent necessary to administer tax laws.
Abrams | Erhardt | Kielkucki | Marko | Pelowski | Tingelstad |
Anderson, B. | Erickson | Kinkel | McElroy | Peterson | Tomassoni |
Bettermann | Farrell | Knight | Milbert | Reuter | Tuma |
Bishop | Finseth | Knoblach | Molnau | Rhodes | Tunheim |
Boudreau | Folliard | Koskinen | Mulder | Rifenberg | Van Dellen |
Bradley | Goodno | Kraus | Ness | Rostberg | Vandeveer |
Broecker | Gunther | Krinkie | Nornes | Schumacher | Weaver |
Carlson | Haas | Kubly | Olson, E. | Seagren | Westfall |
Clark, J. | Harder | Kuisle | Olson, M. | Seifert | Westrom |
Commers | Hasskamp | Larsen | Opatz | Solberg | Wolf |
Daggett | Holsten | Leppik | Osskopp | Stanek | |
Davids | Huntley | Lieder | Otremba, M. | Stang | |
Dehler | Jennings | Lindner | Ozment | Sviggum | |
Dempsey | Johnson, A. | Long | Paulsen | Swenson, H. | |
Dorn | Juhnke | Mares | Pawlenty | Sykora | |
Those who voted in the negative were:
Anderson, I. | Greiling | Kelso | Munger | Sekhon | Wejcman |
Biernat | Hausman | Leighton | Murphy | Skare | Wenzel |
Chaudhary | Hilty | Macklin | Orfield | Skoglund | Winter |
Clark, K. | Jaros | Mahon | Osthoff | Slawik | Spk. Carruthers |
Dawkins | Jefferson | Mariani | Paymar | Smith | |
Evans | Johnson, R. | McCollum | Pugh | Tompkins | |
Garcia | Kahn | McGuire | Rest | Trimble | |
Greenfield | Kalis | Mullery | Rukavina | Wagenius | |
Abrams | Erhardt | Johnson, R. | Mares | Paulsen | Stang |
Anderson, B. | Erickson | Juhnke | Mariani | Pawlenty | Sviggum |
Anderson, I. | Evans | Kahn | Marko | Paymar | Swenson, H. |
Bettermann | Farrell | Kalis | McCollum | Pelowski | Sykora |
Biernat | Finseth | Kelso | McElroy | Peterson | Tingelstad |
Bishop | Folliard | Kielkucki | McGuire | Pugh | Tomassoni |
Boudreau | Garcia | Kinkel | Milbert | Rest | Tompkins |
Bradley | Goodno | Knight | Molnau | Reuter | Trimble |
Broecker | Greenfield | Knoblach | Mulder | Rhodes | Tuma |
Carlson | Greiling | Koskinen | Mullery | Rifenberg | Tunheim |
Chaudhary | Gunther | Kraus | Munger | Rostberg | Van Dellen |
Clark, J. | Haas | Krinkie | Murphy | Rukavina | Vandeveer |
Clark, K. | Harder | Kubly | Ness | Schumacher | Wagenius |
Commers | Hasskamp | Kuisle | Nornes | Seagren | Weaver |
Daggett | Hausman | Larsen | Olson, E. | Seifert | Wejcman |
Davids | Hilty | Leighton | Olson, M. | Sekhon | Wenzel |
Dawkins | Holsten | Leppik | Opatz | Skare | Westfall |
Dehler | Huntley | Lieder | Orfield | Skoglund | Westrom |
Delmont | Jaros | Lindner | Osskopp | Slawik | Winter |
Dempsey | Jefferson | Long | Osthoff | Smith | Wolf |
Dorn | Jennings | Macklin | Otremba, M. | Solberg | Spk. Carruthers |
Entenza | Johnson, A. | Mahon | Ozment | Stanek | |
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.
Weaver offered an amendment to S. F. No. 1378, as amended.
Skoglund raised a point of order pursuant to rule 3.09
that the Weaver amendment was not in order. Speaker pro tempore Wejcman ruled
the point of order well taken and the Weaver amendment out of order.
Sviggum appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Wejcman stand as the judgment of the House?" and the roll
was called.
Winter moved that those not voting be excused from
voting. The motion prevailed.
There were 67 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Garcia | Kahn | McCollum | Pelowski | Trimble |
Biernat | Greenfield | Kalis | McGuire | Peterson | Tunheim |
Carlson | Greiling | Kelso | Milbert | Pugh | Wagenius |
Chaudhary | Hasskamp | Kinkel | Mullery | Rest | Wejcman |
Clark, K. | Hausman | Koskinen | Munger | Rukavina | Wenzel |
Dawkins | Hilty | Kubly | Murphy | Schumacher | Winter |
Delmont | Huntley | Leighton | Olson, E. | Sekhon | Spk. Carruthers |
Dorn | Jaros | Lieder | Opatz | Skare | |
Entenza | Jefferson | Long | Orfield | Skoglund | |
Evans | Jennings | Mahon | Osthoff | Slawik | |
Farrell | Johnson, A. | Mariani | Otremba, M. | Solberg | |
Folliard | Johnson, R. | Marko | Paymar | Tomassoni | |
Those who voted in the negative were:
Abrams | Dehler | Knight | Molnau | Rifenberg | Tompkins |
Anderson, B. | Dempsey | Knoblach | Mulder | Rostberg | Tuma |
Bettermann | Erhardt | Kraus | Ness | Seagren | Van Dellen |
Bishop | Erickson | Krinkie | Nornes | Seifert | Vandeveer |
Boudreau | Finseth | Kuisle | Olson, M. | Smith | Weaver |
Bradley | Goodno | Larsen | Osskopp | Stanek | Westfall |
Broecker | Gunther | Leppik | Ozment | Stang | Westrom |
Clark, J. | Haas | Lindner | Paulsen | Sviggum | Wolf |
Commers | Harder | Macklin | Pawlenty | Swenson, H. | |
Daggett | Holsten | Mares | Reuter | Sykora | |
Davids | Kielkucki | McElroy | Rhodes | Tingelstad | |
So it was the judgment of the House that the decision of Speaker pro tempore Wejcman should stand.
Stanek moved to amend S. F. No. 1378, as amended, as follows:
Page 18 of the delete everything amendment, line 15, delete everything after the period
Page 18 of the delete everything amendment, delete lines 16 to 18
Page 18 of the delete everything amendment, line 19, delete "incident."
A roll call was requested and properly seconded.
The question was taken on the Stanek amendment and the
roll was called. There were 64 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abrams | Dehler | Knight | Molnau | Rifenberg | Tompkins |
Anderson, B. | Dempsey | Knoblach | Mulder | Rostberg | Tuma |
Bettermann | Erhardt | Kraus | Ness | Seagren | Van Dellen |
Bishop | Erickson | Krinkie | Nornes | Seifert | Vandeveer |
Boudreau | Finseth | Kuisle | Olson, M. | Smith | Weaver |
Bradley | Goodno | Larsen | Osskopp | Stanek | Wenzel |
Broecker | Gunther | Leppik | Ozment | Stang | Westfall |
Clark, J. | Haas | Lindner | Paulsen | Sviggum | Westrom |
Commers | Harder | Macklin | Pawlenty | Swenson, H. | Wolf |
Daggett | Holsten | Mares | Reuter | Sykora | |
Davids | Kielkucki | McElroy | Rhodes | Tingelstad | |
Those who voted in the negative were:
Anderson, I. | Garcia | Juhnke | Marko | Paymar | Tomassoni |
Biernat | Greenfield | Kahn | McCollum | Pelowski | Trimble |
Carlson | Greiling | Kalis | McGuire | Peterson | Tunheim |
Chaudhary | Hasskamp | Kelso | Milbert | Pugh | Wagenius |
Clark, K. | Hausman | Kinkel | Mullery | Rest | Wejcman |
Dawkins | Hilty | Koskinen | Munger | Rukavina | Winter |
Delmont | Huntley | Kubly | Murphy | Schumacher | Spk. Carruthers |
Dorn | Jaros | Leighton | Olson, E. | Sekhon | |
Entenza | Jefferson | Lieder | Opatz | Skare | |
Evans | Jennings | Long | Orfield | Skoglund | |
Farrell | Johnson, A. | Mahon | Osthoff | Slawik | |
Folliard | Johnson, R. | Mariani | Otremba, M. | Solberg | |
The motion did not prevail and the amendment was not adopted.
S. F. No. 1378, A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.
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.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 69 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Garcia | Juhnke | Mariani | Otremba, M. | Solberg |
Biernat | Greenfield | Kahn | Marko | Paymar | Tomassoni |
Carlson | Greiling | Kalis | McCollum | Pelowski | Trimble |
Chaudhary | Hasskamp | Kelso | McGuire | Peterson | Tunheim |
Clark, K. | Hausman | Kinkel | Milbert | Pugh | Wagenius |
Dawkins | Hilty | Koskinen | Mullery | Rest | Wejcman |
Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8315 |
|||||
Delmont | Huntley | Kubly | Munger | Schumacher | Wenzel |
Dorn | Jaros | Leighton | Murphy | Sekhon | Winter |
Entenza | Jefferson | Lieder | Olson, E. | Skare | Spk. Carruthers |
Evans | Jennings | Long | Opatz | Skoglund | |
Farrell | Johnson, A. | Macklin | Orfield | Slawik | |
Folliard | Johnson, R. | Mahon | Osthoff | Smith | |
Those who voted in the negative were:
Abrams | Dempsey | Knoblach | Ness | Rukavina | Van Dellen |
Anderson, B. | Erhardt | Kraus | Nornes | Seagren | Vandeveer |
Bettermann | Erickson | Krinkie | Olson, M. | Seifert | 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. | |
Commers | Harder | Mares | Reuter | Sykora | |
Daggett | Holsten | McElroy | Rhodes | Tingelstad | |
Davids | Kielkucki | Molnau | Rifenberg | Tompkins | |
Dehler | Knight | Mulder | Rostberg | Tuma | |
The bill was passed, as amended, and its title agreed to.
Macklin was excused for the remainder of today's session.
H. F. No. 2985 was reported to the House.
Entenza moved to amend H. F. No. 2985, the second engrossment, as follows:
Page 18, line 3, delete "Not" and insert "No"
The motion prevailed and the amendment was adopted.
Entenza, Mulder and Tompkins moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:
Page 18, line 1, after the period, insert: "Access to hospital and other medical records of the child's parent are limited to records of prenatal care needed to determine whether abuse or neglect occurred."
Page 18, delete the sentence beginning on line 15, and insert "Neither members of the panel nor a person attending a citizen review panel meeting shall disclose what transpired at the meeting, except to carry out the purposes of the review panel."
Abrams | Dehler | Jaros | McElroy | Rifenberg | Tuma |
Boudreau | Erickson | Kielkucki | Molnau | Rostberg | Van Dellen |
Bradley | Finseth | Knoblach | Mulder | Seagren | Vandeveer |
Broecker | Goodno | Kraus | Nornes | Seifert | Westfall |
Commers | Haas | Krinkie | Olson, M. | Smith | |
Daggett | Harder | Larsen | Ozment | Stang | |
Davids | Holsten | Mares | Paulsen | Sviggum | |
Those who voted in the negative were:
Anderson, B. | Evans | Juhnke | Marko | Pelowski | Sykora |
Anderson, I. | Farrell | Kahn | McCollum | Peterson | Tingelstad |
Bettermann | Folliard | Kalis | McGuire | Pugh | Tomassoni |
Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8317 |
|||||
Biernat | Garcia | Kelso | Milbert | Rest | Tompkins |
Bishop | Greenfield | Kinkel | Mullery | Reuter | Trimble |
Carlson | Greiling | Koskinen | Munger | Rhodes | Tunheim |
Chaudhary | Gunther | Kubly | Murphy | Rukavina | Wagenius |
Clark, J. | Hasskamp | Kuisle | Ness | Schumacher | Weaver |
Clark, K. | Hausman | Leighton | Olson, E. | Sekhon | Wejcman |
Dawkins | Hilty | Leppik | Opatz | Skare | Wenzel |
Delmont | Huntley | Lieder | Orfield | Skoglund | Westrom |
Dempsey | Jefferson | Lindner | Osskopp | Slawik | Winter |
Dorn | Jennings | Long | Otremba, M. | Solberg | Wolf |
Entenza | Johnson, A. | Mahon | Pawlenty | Stanek | Spk. Carruthers |
Erhardt | Johnson, R. | Mariani | Paymar | Swenson, H. | |
The motion did not prevail and the amendment was not adopted.
Entenza moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:
Page 63, line 1, delete "morality" and insert "mortality"
The motion prevailed and the amendment was adopted.
Osthoff was excused for the remainder of today's session.
H. F. No. 2985, A bill for an act relating to children; providing for child welfare reform; changing requirements and procedures; restricting release of certain information; establishing citizen review panels; clarifying jurisdiction; establishing programs for child abuse and neglect assessments and investigations and concurrent planning for permanent placement; providing for protection of children; requiring reviews; defining terms; imposing duties; amending Minnesota Statutes 1996, sections 3.153, by adding a subdivision; 13.391; 256.01, subdivision 12, and by adding a subdivision; 257.42; 257.43; 259.24, subdivision 1; 259.37, subdivision 2; 260.011, subdivision 2; 260.141, by adding a subdivision; 260.172, subdivision 1; 260.191, subdivision 1e; 260.221, as amended; and 626.556, subdivisions 10, 10h, 11a, and by adding subdivisions; Minnesota Statutes 1997 Supplement, sections 144.218, subdivision 2; 245A.03, subdivision 2; 245A.04, subdivisions 3b and 3d; 257.85, subdivision 5; 259.22, subdivision 4; 259.47, subdivision 3; 259.60, subdivision 2; 260.012; 260.015, subdivision 29; 260.191, subdivisions 1, 1a, and 3b; 260.241, subdivision 3; and 626.556, subdivisions 2, 10e, 11, and 11c; proposing coding for new law in Minnesota Statutes, chapters 257; and 626.
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.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8318 |
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Abrams | Erhardt | Johnson, R. | Marko | Pelowski | Sykora |
Anderson, B. | Erickson | Juhnke | McCollum | Peterson | Tingelstad |
Anderson, I. | Evans | Kahn | McElroy | 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 | Orfield | Slawik | Winter |
Dawkins | Holsten | Lieder | Osskopp | Smith | Wolf |
Dehler | Huntley | Lindner | Otremba, M. | Solberg | Spk. Carruthers |
Delmont | Jaros | Long | Ozment | Stanek | |
Dempsey | Jefferson | Mahon | Paulsen | Stang | |
Dorn | Jennings | Mares | Pawlenty | Sviggum | |
Entenza | Johnson, A. | Mariani | Paymar | Swenson, H. | |
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.
Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2316." The motion prevailed.
Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2372." The motion prevailed.
Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2372." The motion prevailed.
Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2447, as amended." The motion prevailed.
Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2447, as amended." The motion prevailed.
Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members, register our protest and dissent regarding the comments made by the Minority Leader, Steve Sviggum, on the floor of the House in arguing against House File 3843, the Capitol Investment bill, on Thursday, March 12, 1998.
Representative Sviggum repeatedly and publicly asserted
that members who would vote for the bonding bill had been "bought and paid for."
He also made several references to "bribes" associated with provisions of the
bill. These remarks could be interpreted as implying that members were acting
outside the law, and were perhaps even guilty of acts constituting bribery, a
felony under Minnesota Statutes 609.42. The reckless and repeated use of this
accusatory language, without foundation in fact, casts unwarranted aspersions
upon those subsequently voting "aye" for passage of the bill.
Representative Sviggum's intemperate invective, and the
public venue of their utterance, are injurious to the institution of the House
of Representatives and defamatory to its members. Statements such as his foster
cynicism and alienation of the public from their elected representatives.
We undersigned Members of the House of Representatives
request that Representative Sviggum make public apology to the 28 Republican and
68 DFL members who cast "aye" votes for the passage of H. F. No. 3843 and that
said apology be duly entered into the Journal of the Minnesota House of
Representatives.
Signed:
Dee Long Jean Wagenius
Lee Greenfield Dave Tomassoni
Alice Johnson Michael Paymar
John Dorn Alice Hausman
Kris Hasskamp Mary Jo McGuire
Becky Kelso Mike Delmont
Geri Evans Nora Slawik
Gene Pelowski Sharon Marko
Alan R. Juhnke Kathleen Sekhon
Satveer Chaudhary Leslie Schumacher
Doug Peterson Anthony G. Kinkel
Andy Dawkins Tom Huntley
Ruth Johnson Luanne Koskinen
Mike Jaros Ted Winter
Wes Skoglund Betty Folliard
Winter moved that when the House adjourns today it
adjourn until 9:00 a.m., Monday, March 16, 1998. The motion prevailed.
Winter moved that the House adjourn. The motion
prevailed, and Speaker pro tempore Wejcman declared the House stands adjourned
until 9:00 a.m., Monday, March 16, 1998.
Edward A. Burdick, Chief Clerk, House of Representatives