The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by Father Harry Behan, St. Peter Catholic Church, St. Peter, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
Abrams | Erhardt | Kahn | Mares | Paymar | Swenson, D. |
Anderson, B. | Evans | Kalis | Mariani | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | Marko | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McCollum | Pugh | Tingelstad |
Bettermann | Folliard | Kinkel | McElroy | Rest | Tomassoni |
Biernat | Garcia | Knight | McGuire | Reuter | Tompkins |
Bishop | Goodno | Knoblach | Milbert | Rhodes | Trimble |
Boudreau | Greenfield | Koppendrayer | Molnau | Rifenberg | Tuma |
Bradley | Greiling | Koskinen | Mulder | Rostberg | Tunheim |
Broecker | Gunther | Kraus | Mullery | Rukavina | Van Dellen |
Carlson | Haas | Krinkie | Murphy | Schumacher | Vickerman |
Chaudhary | Harder | Kubly | Ness | Seagren | Wagenius |
Clark | Hasskamp | Kuisle | Nornes | Seifert | Weaver |
Commers | Hilty | Larsen | Olson, E. | Sekhon | Wejcman |
Daggett | Holsten | Leighton | Olson, M. | Skare | Wenzel |
Davids | Huntley | Leppik | Opatz | Skoglund | Westfall |
Dawkins | Jaros | Lieder | Orfield | Slawik | Westrom |
Dehler | Jefferson | Lindner | Osskopp | Smith | Winter |
Delmont | Jennings | Long | Osthoff | Solberg | Wolf |
Dempsey | Johnson, A. | Luther | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Macklin | Paulsen | Stang | Spk. Carruthers |
Entenza | Juhnke | Mahon | Pawlenty | Sviggum | |
A quorum was present.
Hausman and Munger were excused. Otremba was excused until 3:20 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Delmont 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. 124 and H. F. No. 483, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Olson, E., moved that the rules be so far suspended that S. F. No. 124 be substituted for H. F. No. 483 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 417 and H. F. No. 564, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Olson, E., moved that S. F. No. 417 be substituted for H. F. No. 564 and that the House File be indefinitely postponed. The motion prevailed.
Kahn from the Committee on Governmental Operations to which was referred:
H. F. No. 56, A bill for an act relating to commerce; providing for the use, validity, and security of electronic signatures and messages transmitted in commerce; prescribing penalties; proposing coding for new law as Minnesota Statutes, chapter 325K.
Reported the same back with the following amendments:
Page 8, line 20, after the semicolon, insert "and"
Page 8, line 22, delete "; and" and insert a period
Page 8, delete line 23
Page 9, line 19, after the semicolon, insert "and"
Page 9, line 21, delete "; and" and insert a period
Page 9, delete lines 22 and 23
Page 29, line 3, after the semicolon, insert "and"
Page 29, line 5, delete "and"
Page 29, delete line 6
Page 29, line 15, after the semicolon, insert "and"
Page 29, line 18, delete "; and" and insert a period
Page 29, delete lines 19 and 20
Pages 30 and 31, delete sections 28 and 29 and insert:
"Sec. 28. [APPROPRIATION.]
$50,000 is appropriated from the general fund to the secretary of state for the biennium ending June 30, 1999, for
purposes of sections 1 to 27.
Sec. 29. [EFFECTIVE DATE.]
Sections 1 to 28 are effective January 1, 1999, except that any provision authorizing or requiring rules to be adopted
is effective the day following final enactment."
Amend the title as follows:
Page 1, line 4, after "penalties;" insert "appropriating money;"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and
Means.
The report was adopted.
Wagenius from the Committee on Transportation and Transit to which was referred:
H. F. No. 90, A bill for an act relating to drivers' licenses; allowing exemption from drug and alcohol testing requirement
for commercial motor vehicle driver who works as relief, replacement, or emergency snow plow operator; amending
Minnesota Statutes 1996, section 171.03.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 171.02, is amended by adding a subdivision to read:
Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] Pursuant to the waiver
authorization set forth in Public Law Number 104-59, section 345 (a)(5), a person who operates a commercial motor vehicle
for the purpose of removing snow or ice from a roadway by plowing, salting, or sanding is not required to hold a commercial
driver's license if the person:
(1) is an employee of a local unit of government with a population of 3,000 or less;
(2) is operating within the boundaries of the local unit of government;
(3) holds a valid driver's license authorizing the operation of class B vehicles; and
(4) except in the event of a lawful strike, is temporarily replacing the employee who normally operates the vehicle
but either is unable to operate the vehicle or is in need of additional assistance due to a snow emergency as determined by
the local unit of government.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to drivers' licenses; allowing exemption from commercial driver's license requirement for certain
snowplow operators; amending Minnesota Statutes 1996, section 171.02, by adding a subdivision."
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 246, A bill for an act relating to public nuisance; adding to the acts that constitute a nuisance; permitting a
resident of the jurisdiction to join in a nuisance action and recover costs and attorney fees; amending Minnesota Statutes
1996, sections 617.81, subdivision 2; and 617.82; repealing Minnesota Statutes 1996, section 617.80, subdivision 6.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 617.81, subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING A NUISANCE.] (a) For purposes of sections 617.80 to 617.87, a public nuisance
exists upon proof of two or more separate behavioral incidents of one or more of the following, committed within the
previous 12 months within the building:
(1) prostitution or prostitution-related activity committed within the building;
(2) gambling or gambling-related activity committed within the building;
(3)
(4) permitting a public nuisance in violation of section 609.745;
(b) If the building contains more than one rental unit, two or more behavioral incidents must consist of conduct:
(1) by the same tenant or lessee, or persons acting in conjunction with or under the control of the same tenant or lessee;
(2) within the same rental unit while occupied by the same tenant or lessee or within two or more rental units while
occupied by the same tenant or lessee; or
(3) by the owner of the building or persons acting in conjunction with or under the control of the owner.
(c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance is established by clear and
convincing evidence.
Sec. 2. Minnesota Statutes 1996, section 617.83, is amended to read:
617.83 [INJUNCTION; ORDER OF ABATEMENT.]
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a permanent injunction and enter
an order of abatement, except as otherwise provided by section 617.85. The permanent injunction must describe
the conduct permanently enjoined. The order of abatement must direct the closing of the building or a portion of it for one
year, except
as otherwise provided in section 617.84 or 617.85, unless sooner released pursuant to section 617.87. Before an abatement
order is enforced against a building or portion of it, the owner must be served with the abatement order and a notice of the
right to file a motion under section 617.85 in the same manner that a summons is served under the rules of civil procedure.
A copy of the abatement order shall also be posted in a conspicuous place on the building or affected portion.
Sec. 3. [REPEALER.]
Minnesota Statutes 1996, section 617.80, subdivision 6, is repealed."
Amend the title as follows:
Page 1, line 3, delete everything after the semicolon
Page 1, delete line 4
Page 1, line 5, delete everything before "amending"
Page 1, line 6, delete "617.82" and insert "617.83"
With the recommendation that when so amended the bill pass.
The report was adopted.
Jennings from the Committee on Regulated Industries and Energy to which was referred:
H. F. No. 285, A bill for an act relating to gambling; establishing a funding mechanism to cover the costs of inspection;
appropriating money; amending Minnesota Statutes 1996, section 349.163, subdivision 4.
Reported the same back with the following amendments:
Page 1, line 14, delete "an inspection" and insert "inspections"
Page 1, line 15, after "facilities" insert ", where (1) the board has provided the manufacturer with reasonable
notice of the inspections, and (2) the amount charged to the manufacturer for such inspections in any year does not exceed
$7,500"
Page 1, line 17, before "Money" insert "Until July 1, 1999,"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental
Operations.
The report was adopted.
Kahn from the Committee on Governmental Operations to which was referred:
H. F. No. 329, A bill for an act relating to partnerships; enacting the Uniform Partnership Act of 1994; providing for
limited liability partnerships; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 323A;
repealing Minnesota Statutes 1996, sections 323.01; 323.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8; 323.03; 323.04; 323.05;
323.06; 323.07; 323.08; 323.09; 323.10; 323.11; 323.12; 323.13; 323.14; 323.15; 323.16; 323.17; 323.18; 323.19;
323.20; 323.21; 323.22; 323.23; 323.24; 323.25; 323.26; 323.27; 323.28; 323.29; 323.30; 323.31; 323.32; 323.33;
323.34; 323.35; 323.36; 323.37; 323.38; 323.39; 323.40; 323.41; 323.42; 323.43; 323.44; 323.45; 323.46; and 323.47.
Reported the same back with the following amendments:
Page 2, line 6, delete "$...." and insert "$135 "
Page 6, delete lines 18 to 23, and insert:
"(b) A certified copy of a statement that has been filed in the office of the secretary of state and recorded in the office
for recording transfers of real property has the effect provided for recorded statements in this chapter. A recorded statement
that is not a certified copy of a statement filed in the office of the secretary of state does not have the effect provided for
recorded statements in this chapter."
Page 7, after line 16, insert:
"(g) The county recorder may collect a fee for recording a statement."
Page 12, line 22, before "copy" insert "certified" and before "statement" insert "filed"
Page 12, line 23, delete "filed" and insert "recorded"
and delete "of the secretary of" and insert "for recording"
Page 12, line 24, delete "state" and insert "transfers of
that real property"
Page 12, line 26, before "statement" insert "certified copy
of a filed"
Page 12, line 27, delete "of the
secretary of state" and insert "for recording
transfers of that real property" and delete "filing" and insert "recording"
Page 12, line 28, delete "of the
secretary of state" and insert "for recording
transfers of that real property" and before "copy" insert "certified" and
after the second "a" insert "filed"
Page 12, line 33, before "statement" insert "certified copy
of the filed"
Page 12, line 34, delete "on
file" and insert "of record"
Page 12, line 35, delete everything before the period and
insert "for recording transfers of that real
property"
Page 33, line 13, after "filing" insert "and, if
appropriate, recording"
Page 33, line 14, after "file"
insert "and, if appropriate, record"
Page 40, line 21, delete "filing" and insert "recording"
Page 40, line 22, before the first "the" insert "a certified copy
of" and delete "of the secretary of state" and
insert "for recording transfers of that real
property"
Page 43, line 16, delete "$........" and insert "$135."
Page 48, line 17, delete "$......." and insert "$60,000"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Wagenius from the Committee on Transportation and Transit
to which was referred:
H. F. No. 330, A bill for an act relating to traffic
regulations; requiring every school bus to have a bus monitor, a seat belt for
each passenger seat, and a video camera; requiring the commissioner of public
safety to prescribe standards for school bus seat belts; amending Minnesota
Statutes 1996, section 169.447, by adding subdivisions; proposing coding for new
law in Minnesota Statutes, chapter 169.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [169.4431] [SAFETY OF SCHOOL CHILDREN; PUPIL
MANAGEMENT.]
Subdivision 1. [BUS MONITORS.]
A school district may employ adult bus monitors. If a
district employs adult bus monitors, an adult bus monitor must be at least 18
years of age and be an employee of the school district that is providing or
contracting for the pupil transportation service.
Subd. 2. [BUS MONITOR
SELECTION.] Before hiring a school bus monitor, a school
district must conduct a criminal records check of the applicant. An applicant
must be rejected if the criminal records check indicates that the applicant has
committed a crime for which a school bus driver endorsement may be canceled
under section 171.3215.
Subd. 3. [BUS MONITOR
TRAINING.] Upon employment, a school district shall
provide each bus monitor with training on state and local transportation laws,
rules, regulations, and policies; school bus equipment; and methods to maintain
orderly conduct and student safety.
Sec. 2. [APPROPRIATIONS.]
$10,000,000 is appropriated in
fiscal year 1998 from the general fund to the commissioner of children,
families, and learning to make grants to school districts for school bus safety.
The commissioner shall consider the size of a school district's bus fleet and
its safety equipment needs when awarding grants under this section. Of this
appropriation:
$6,520,000 is for grants to
districts for employment of adult bus monitors. A district may apply for a grant
of $4,000 per adult bus monitor per year. The commissioner shall not award
additional grants for adult bus monitors once the district has reached a ratio
of one adult bus monitor for each ten school buses operated by or contracted for
by the school district. This ratio includes any monitors already employed by the
school district.
$2,980,000 is for video cameras.
The commissioner may award grants for video cameras and video camera boxes.
$500,000 is for grants for strobe
lights. A school district may apply for a grant to fund the purchase and
installation of a strobe light on each school bus.
This appropriation is available
until June 30, 1999.
Sec. 3. [EFFECTIVE DATE.]
Section 1 is effective the day
following final enactment."
Delete the title and insert:
"A bill for an act relating to education; allowing school
districts to employ school bus monitors; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 169."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Education.
The report was adopted.
Dorn from the Committee on Health and Human Services to
which was referred:
H. F. No. 367, A bill for an act relating to health;
providing comprehensive regulation of mortuary science; providing for the
disposition of dead bodies; establishing enforcement mechanisms; providing civil
penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 52a;
52.04, subdivision 1; 116J.70, subdivision 2a; 145.423, subdivision 3; 169.71,
subdivision 4; and 524.1-201; proposing coding for new
law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1996,
sections 145.14; 145.15; 145.16; 145.162; 145.163; 145.24; 149.01; 149.02;
149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13;
149.14; and 149.15; Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700;
4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500;
4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 4610.2000; 4610.2200;
4610.2300; 4610.2400; 4610.2500; 4610.2600; and 4610.2700.
Reported the same back with the following amendments:
Page 11, after line 16, insert:
"(f) Notwithstanding this
subdivision, nothing in this section shall be construed to prohibit an
institution or entity from establishing, implementing, or enforcing a policy
that permits only persons licensed by the commissioner to remove or cause to be
removed a dead body or body part from the institution or entity."
Page 19, line 8, delete "active
investigations" and insert " persons other than
individuals"
Page 19, line 9, delete "as
investigative data" and delete the comma
Page 19, line 10, delete "subdivision 2" and after the semicolon, insert "and"
Page 19, line 11, delete "inactive
investigations" and insert "an individual"
Page 19, line 12, delete "as
licensing data" and delete ", subdivision 2," and
insert a period
Page 19, delete lines 13 to 29
Page 67, lines 6 and 7, delete "149A.82, subdivision 1," and insert "525.9213"
Pages 68 and 69, delete section 36
Page 82, line 4, delete "149A.82,
subdivision 1" and insert "525.9213"
Page 94, line 33, before the period, insert "and must be limited to an amount equivalent to the allowable
supplemental security income asset exclusion used for determining eligibility
for public assistance at the time the trust is created" and delete "Except"
Page 94, delete lines 34 to 36
Page 95, delete lines 1 to 3
Page 97, delete lines 10 to 26 and insert:
"Subd. 8. [INVESTIGATIONS BY
STATE AUDITOR.] Upon notification from the county auditor
or the commissioner of health of indications of violations of this chapter, or
upon reliable written verification by any person, the state auditor shall make
an independent determination of whether a violation of the provisions in this
chapter is occurring or is about to occur. If the state auditor finds such
evidence, the state auditor shall conduct any examinations of accounts and
records of the entity that the state auditor considers the public interest to
demand and shall inform the appropriate agency of any finding or misconduct. The
state auditor may require the entity being examined to send all books, accounts,
and vouchers pertaining to the receipt, disbursement, and custody of funds to
the office of the state auditor for examination. The person, firm, partnership,
association, or corporation examined under this section by the state auditor
shall reimburse the state auditor for expenses incurred in conducting the
examination within 30 days after the state auditor submits its expenses.
Interest at the rate established in section 549.09 shall accrue on the
outstanding balance starting on the 31st day after the state auditor's office
submits its request for expenses."
Page 105, line 14, delete "and" and insert a comma
Page 105, line 15, before the period, insert "," and in part 4610.2800, the revisor shall change the
citation "4610.0200 to 4610.0600" to "4610.0420 to 4610.0650"
Renumber the sections in sequence
With the recommendation that when so amended the bill
pass.
The report was adopted.
Jaros from the Committee on Economic Development and
International Trade to which was referred:
H. F. No. 413, A bill for an act relating to taxation;
income; allowing a job training credit; proposing coding for new law in
Minnesota Statutes, chapter 290.
Reported the same back with the following amendments:
Page 3, line 24, delete "and"
Page 3, line 26, delete the period and insert "; and
(7) the types and sizes of
employers with which graduates have been placed and retained."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Jaros from the Committee on Economic Development and
International Trade to which was referred:
H. F. No. 552, A bill for an act relating to human
rights; directing the department of human rights to study discrimination in
rental housing; appropriating money.
Reported the same back with the following amendments:
Page 1, line 17, delete "$50,000" and insert "$......."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Judiciary.
The report was adopted.
Skoglund from the Committee on Judiciary to which was
referred:
H. F. No. 683, A bill for an act relating to judgments;
requiring additional information in a creditor's affidavit; amending Minnesota
Statutes 1996, section 548.09, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 14, after the comma, insert "if known,"
With the recommendation that when so amended the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Wagenius from the Committee on Transportation and Transit
to which was referred:
H. F. No. 687, A bill for an act relating to traffic
regulations; prohibiting admission of motorcycle helmet use by operators and
passengers age 18 or older in litigation involving damages arising from use or
operation of a motor vehicle; amending Minnesota Statutes 1996, section 169.685,
by adding a subdivision; repealing Minnesota Statutes 1996, section 169.974,
subdivision 6.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Judiciary.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 707, A bill for an act relating to the
environment; modifying requirements relating to toxics in products; amending
Minnesota Statutes 1996, section 115A.9651.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 115A.9651,
is amended to read:
115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.]
Subdivision 1. [PROHIBITION.] Subd. 2. [DEFINITIONS.] (a) For the purposes of this section, the following terms
have the meanings given them.
(b) "Council" means the council
established under subdivision 5.
(c) "Essential product" means a
specified product into which the introduction of a listed metal is required
under military specifications or to ensure the integrity of a product essential
for aviation or railroad safety, and which is being used only in that
application.
(d) "Intentionally introduce"
means to deliberately use a listed metal as an element during manufacture or
distribution of a specified product. Intentional introduction does not include
the incidental presence of a listed metal.
(e) "Listed metal" means lead,
cadmium, mercury, or hexavalent chromium.
(f) "Listed product" means a
specified product that is included on the prohibited products list published
under subdivision 4.
(g) "New product" means a
specified product which was not used, sold, or distributed in the state before
July 2, 1998, or which has been reformulated so that it contains more of a
listed metal.
(h) "Official" means an officer of
a corporation, a general partner of a partnership or limited partnership, a sole
proprietor, or, in the case of any other entity, a person with high level
management responsibilities.
(i) "Specified product" means an
ink, dye, pigment, paint, or fungicide into which a listed metal has been
intentionally introduced or in which the incidental presence of a listed metal
exceeds a concentration of 100 parts per million.
Subd. 3. [ (b) The person submitting the
certification shall keep a copy on file and make copies available to the
commissioner or the attorney general upon request or to any member of the public
within 60 days of receipt of a written request that specifies the type of
product for which the information is requested.
Subd. 4. [PROHIBITED PRODUCTS
LIST.] By October 1, 1998, the commissioner shall publish
in the State Register a list of specified products for which the commissioner
has received certifications as provided under subdivision 3.
Subd. 5. [TOXICS ADVISORY
COUNCIL.] (a) The purpose of this section is to promote
the public health and welfare and protect the environment by removing listed
metals from specified products so that the listed metals do not contribute to
bioaccumulation and burden taxpayers with unnecessary disposal costs.
(b) By July 1, 1997, the
commissioner shall appoint a toxics advisory council consisting of the following
five permanent members: a chair, a representative of government, a
representative of business, a representative of a citizens' organization, and a
representative from a relevant field of academia. Temporary members of the
council shall be appointed by the commissioner under paragraph (f). No permanent
or temporary member of the council who is an employee of a manufacturer or user
of a specified product may sit in consideration of that product.
(c) The council shall have the
following duties:
(1) review reports submitted under
subdivisions 6, 7, and 8 and provide advice to the commissioner pursuant to
paragraph (d); and
(2) report to the commissioner on
October 1, 2000, and October 1, 2005, on any reasonable measures that would
allow the criteria in paragraph (d) to be met with regard to products reviewed
based on information obtained during the review of products.
(d) The council's advice to the
commissioner under paragraph (c), clause (1), shall be based on an evaluation of
the environmental impact of the product and the ability of the manufacturer or
user to reduce or eliminate the listed metal. Before making a recommendation
that the commissioner take action under subdivision 9, the council must conclude
that:
(1) there is an alternative to the
specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable;
and
(2) replacement of the product
with the alternative will result in an environmental benefit in the state.
(e) A recommendation that the
commissioner take action under subdivision 9 shall include the information
required by section 14.131 to the extent the council, through reasonable effort,
can ascertain this information.
(f) Before the council evaluates a
specific product or group of products, the commissioner shall appoint temporary
council members in an even number up to six. The commissioner shall seek to
appoint as temporary members persons having expertise on the product or group of
products under review as well as persons representing community interests. The
temporary members shall be voting members of the council on all matters related
to consideration of the product or group of products. The terms of the temporary
members shall expire when the council has completed its review of the product or
group of products and has submitted its recommendation to the commissioner
pursuant to this subdivision.
(g) The permanent members of the
council must prioritize the council's review of a specific product or group of
products by publishing a notice in the State Register by October 1, 1998,
identifying those specified products, or groups of products, which will be
reviewed by July 1, 2000. By October 1, 2000, the council shall publish a notice
in the State Register identifying those specified products, or groups of
products, which will be reviewed by July 1, 2005. The council shall consider
potential environmental impacts in prioritizing its review. The council shall
notify manufacturers and users who have submitted product review reports of the
appropriate review schedule. A manufacturer who has submitted a product review
report may request an expedited review by the council.
(h) The commissioner shall provide
staff and administrative services to the council. Compensation and removal of
council members shall be as provided in section 15.059, subdivisions 3 and 4.
The council shall dissolve on June 30, 2006.
Subd. 6. [PRODUCT REVIEW
REPORTS.] (a) Except as provided under subdivision 7, the
manufacturer, or an association of manufacturers, of any specified product
distributed for sale or use in this state that is not listed pursuant to
subdivision 4 shall submit a product review report and fee as provided in
paragraph (c) to the commissioner for each product by July 1, 1998. Each product
review report shall contain at least the following:
(1) a policy statement
articulating upper management support for eliminating or reducing intentional
introduction of listed metals into its products;
(2) a description of the product
and the amount of each listed metal distributed for use in this state;
(3) a description of past and
ongoing efforts to eliminate or reduce the listed metal in the product;
(4) an assessment of options
available to reduce or eliminate the intentional introduction of the listed
metal including any alternatives to the specified product that do not contain
the listed metal, perform the same technical function, are commercially
available, and are economically practicable;
(5) a statement of objectives in
numerical terms and a schedule for achieving the elimination of the listed
metals and an environmental assessment of alternative products;
(6) a listing of options
considered not to be technically or economically practicable; and
(7) certification attesting to the
accuracy of the information in the report signed and dated by an official of the
manufacturer or user.
If the manufacturer fails to
submit a product review report, a user of a specified product may submit a
report and fee which comply with this subdivision by August 15, 1998.
(b) By July 1, 1999, and annually
thereafter until the commissioner takes action under subdivision 9, the
manufacturer or user must submit a progress report and fee as provided in
paragraph (c) updating the information presented under paragraph (a).
(c) The fee shall be $....... for
each report.
(d) Where it cannot be determined
from a progress report submitted by a person pursuant to Laws 1994, chapter 585,
section 30, subdivision 2, paragraph (e), the number of products for which
product review reports are due under this subdivision, the commissioner shall
have the authority to determine, after consultation with that person, the number
of products for which product review reports are required.
(e) The commissioner shall
summarize, aggregate, and publish data reported under paragraphs (a) and (b)
annually.
(f) A product that is the subject
of a decision under section 115A.965 is exempt from this section.
Subd. 7. [ESSENTIAL PRODUCTS;
PUBLISHED LIST.] (a) By January 1, 1998, a manufacturer
or user of an essential product must submit a certification to the commissioner
that the product meets the definition in subdivision 2, paragraph (c). By July
1, 2002, each manufacturer or user of an essential product shall submit a report
to the commissioner which includes the information required in subdivision 6,
paragraph (a), and a statement of whether the product continues to meet the
definition in subdivision 2, paragraph (c).
(b) By October 1, 1998, the
commissioner shall publish in the State Register a list of essential products
for which the commissioner has received certification pursuant to this
subdivision. By October 1, 2002, the commissioner shall publish in the State
Register a list of essential products based on reports submitted by July 1,
2002, as provided in paragraph (a).
Subd. 8. [NEW PRODUCTS;
CRITERIA FOR REVIEW.] (a) After July 1, 1998, but before
July 1, 2005, no person shall sell, distribute, or offer for sale in this state
a new product prior to the manufacturer or user submitting a product review
report and fee specified in subdivision 6.
(b) The council shall review
reports submitted under this subdivision and provide advice to the commissioner.
The council's advice to the commissioner under this subdivision shall be based
on an evaluation of the environmental impact of the product and the ability of
the manufacturer or user to reduce or eliminate the listed metal. Before making
a recommendation that the commissioner take action under subdivision 9, the
council must conclude that:
(1) there is an alternative to the
specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable,
and replacement of the product with the alternative will result in an
environmental benefit in the state; or
(2) if there is no alternative to
the new product, that the use of the listed metal in the new product presents a
significant threat to the safe and efficient operation of waste facilities, or
use of the listed metal does not increase the useful life span of the new
product, reduce the overall toxicity of the final product or of material used in
production of the final product, or otherwise provide a net environmental
benefit to the state.
(c) Notwithstanding subdivision 5,
paragraph (f), where the commissioner determines that a new product subject to
paragraph (a) is sufficiently similar to a product or products previously
reviewed by the council, the commissioner may authorize the permanent members of
the council to perform the duties established in paragraph (b) without the
appointment of temporary members. In performing those duties, the council shall
utilize information gathered in any previous review of a similar product or
products.
(d) Beginning July 1, 2005, no
person shall sell, distribute, or offer for sale in this state a new product
without the commissioner's approval. A person seeking approval of a new product
shall submit a product review report including the information and fee specified
in subdivision 6. The commissioner shall not approve the new product unless the
commissioner determines that it meets the criteria in paragraph (b). The
commissioner shall make a determination within six months of receipt of a
complete request.
Subd. 9. [AUTHORITY OF
COMMISSIONER.] (a) The commissioner may, upon the
recommendation of the council, prohibit the distribution for sale or use in this
state of a specified product that is not an essential product.
(b) Before taking action under
this subdivision, the commissioner must conclude that:
(1) there is an alternative to the
specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable,
and replacement of the product with the alternative will result in an
environmental benefit to the state; or
(2) if there is no alternative to
the new product, that the use of the listed metal in the new product presents a
significant threat to the safe and efficient operation of waste facilities, or
use of the listed metal does not increase the useful life span of the new
product, reduce the overall toxicity of the final product or of material used in
production of the final product, or otherwise provide a net environmental
benefit to the state.
(c) If the commissioner fails to
take action under this subdivision as recommended by the council, the
commissioner shall submit a report to the legislature explaining the reasons for
not taking such action.
(d) The commissioner shall provide
the legislature a report and recommendations based on any report prepared by the
council under subdivision 5, paragraph (c), clause (2).
Subd. 10. [APPLICATION;
ENFORCEMENT.] (a) This section does not apply to art
supplies.
(b) This section may be enforced
under sections 115.071 and 116.072. The attorney general or the commissioner of
the agency shall coordinate enforcement of this section with the director of the
office.
Subd. 11. [RULEMAKING
AUTHORITY.] (a) The pollution control agency may adopt,
amend, suspend, and repeal rules to implement this section.
(b) Publication of notice under
subdivision 5, paragraph (g), shall be deemed to satisfy the requirements of
section 14.101.
(c) The commissioner may adopt a
council recommendation under subdivision 5 as the agency's statement of need and
reasonableness. A recommendation adopted in this manner shall be deemed to
satisfy any content requirements for a statement of need and reasonableness
imposed by law.
(d) Any hearings on rules adopted
under this section shall be conducted in accordance with sections 14.14 to 14.20
and address whether the rule meets the standards for review under which the
judge is required to approve or disapprove the rule.
(e) Section 14.125 does not apply
to the agency's rulemaking authority under this section.
(f) A rule adopted under this
section is effective until repealed by the agency.
Subd. 12. [SEWAGE BIOSOLIDS
REPORT.] In its annual performance report required under
section 15.91, the agency shall include the amount of listed metals contained in
sewage biosolids spread on the land after wastewater treatment.
Sec. 2. [APPROPRIATION.]
$....... is appropriated from the
environmental fund to the commissioner of the pollution control agency for the
purpose of implementing section 1.
Sec. 3. [EFFECTIVE DATE.]
Section 1 is effective the day
following final enactment."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert
"appropriating money;"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Governmental Operations.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 742, A bill for an act relating to the
environment; modifying requirements for mercury testing in incinerator
emissions; amending Minnesota Statutes 1996, section 116.85, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 1, strike "90 days" and insert "three months"
Page 2, line 10, delete everything after "facility"
Page 2, line 11, delete "waste per
day"
With the recommendation that when so amended the bill
pass.
The report was adopted.
Kahn from the Committee on Governmental Operations to
which was referred:
H. F. No. 756, A bill for an act relating to the state
demographer; changing procedures for certain population and related estimates;
amending Minnesota Statutes 1996, sections 4A.02; 379.02; and 414.01,
subdivision 14; repealing Minnesota Statutes 1996, section 414.033, subdivision
9.
Reported the same back with the following amendments:
Page 2, line 25, delete "when"
Page 2, line 26, delete everything before "certify"
Page 2, line 33, delete "2 or
3" and insert "379.02 or 414.01, subdivision 14"
Page 2, line 34, delete "the"
and insert "an"
Page 2, line 35, delete "clause
(9),"
Page 3, line 9, delete ", clause
(9)"
Page 4, lines 5 and 6, delete "prepared according to procedures of" and insert "certified by"
Page 4, line 27, delete "prepared
according to procedures of" and insert "certified
by"
With the recommendation that when so amended the bill
pass.
The report was adopted.
Anderson, I., from the Committee on Financial
Institutions and Insurance to which was referred:
H. F. No. 924, A bill for an act relating to insurance;
requiring health plan companies to disclose certain financial arrangements to
enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q.
Reported the same back with the following amendments:
Page 1, line 15, after the period, insert "The disclosure statement must be provided at least
annually."
Page 1, line 24, delete "holdback" and insert "withhold"
Page 2, line 12, after the period, insert "A disclosure statement that has been filed with the
commissioner for approval is deemed approved 30 days after the date of filing
unless approved or disapproved by the commissioner on or before the end of that
30-day period.
(c) For purposes of this
section
(1) "capitation" means a financial
arrangement in which a health plan company compensates a health care provider,
partially or entirely, through a fixed payment per time period per enrollee
served by that health care provider, without regard to the services actually
provided to enrollees by that health care provider. The services covered by the
capitation may include the health care providers' own services, referral
services, or all health care services;
(2) "financial arrangement" means
an agreement between a health plan company, or an affiliate of it, and a health
care provider, or an affiliate of it, that determines, or provides a methodology
for determining, the payments to be made by the health plan company to the
health care provider for providing health care to the health plan company's
enrollees; and
(3) "affiliate" has the meaning
given in section 60D.15, subdivision 2; and
(4) "withhold" means a financial
arrangement in which a health plan company deducts amounts from its payments to
a health care provider, where the deducted amounts or a portion of them may
eventually be paid to the health care provider at the end of a specified time
period, based upon specific predetermined factors."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Munger from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 948, A bill for an act relating to the
environment; requiring disclosure of the amount of mercury emitted in the
generation of electricity; proposing coding for new law in Minnesota Statutes,
chapter 116.
Reported the same back with the following amendments:
Page 1, line 18, before the period, insert "at that person's facilities, and the net amount of
electricity obtained by the person through purchase or exchange"
Page 1, line 24, delete "and"
Page 1, line 25, delete everything after "each" and insert " facility owned
or operated by the person"
Page 2, line 1, delete "source" and insert "facility"
Page 2, line 2, delete "and"
and insert "or"
Page 2, line 3, delete "source." and insert "facility;
and
(3) information for each facility
for which the person has a contract of a year or more stating the total amount
of mercury emitted from that facility in the previous calendar year or the
average mercury concentration in each fuel used at that facility."
Page 2, line 6, after the period, insert "As part of these terms and conditions, the commissioner may
establish a de minimis standard for the disclosure required under this section.
Persons subject to this section who are under the de minimis standard may be
subject to reduced or no disclosure requirements."
Page 2, line 14, delete "each
year" and insert "biennially" and after "thereafter" insert "in the report
on air toxics required under section 115D.15" and delete "issue a"
Page 2, line 15, delete "detailing"
Page 2, line 22, before the period, insert ", using available data and information" and after the
period, insert "The commissioner shall issue draft terms
and conditions required under section 2, subdivision 2, paragraph (b), by
October 1, 1997. Upon adoption of those terms and conditions, persons subject to
section 2 shall make all subsequent disclosures in accordance with those terms
and conditions."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Regulated Industries and Energy.
The report was adopted.
Jaros from the Committee on Economic Development and
International Trade to which was referred:
H. F. No. 988, A bill for an act relating to employment;
modifying procedures for the extended employment program in the department of
economic security; amending Minnesota Statutes 1996, section 268A.15, by adding
a subdivision.
Reported the same back with the following amendments:
Page 1, delete lines 9 to 18 and insert:
"Subd. 8. [FUNDING AUTHORITY.]
State grant funds under this section and section 268A.13
shall be available for 24 months following the end of a fiscal year to allow for
the submission of final grant data reports, the completion of audit adjustments
of payments to grantees including grantee appeals of final audit adjustments,
and the redistribution of remaining balances in grant accounts to other grantees
who meet or exceed their contracts with the department for that fiscal
year."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Tunheim from the Committee on Commerce, Tourism and
Consumer Affairs to which was referred:
H. F. No. 1032, A bill for an act relating to commerce;
providing powers and duties to the commissioner; regulating securities;
modifying the real estate licensing exemption for closing agents; regulating
real property appraisers; regulating residential building contractors and
remodelers; modifying licensing requirements for collection agencies; regulating
notaries public; making technical changes; amending Minnesota Statutes 1996,
sections 45.011, subdivision 1; 45.028, subdivision 1; 80A.04, subdivisions 3,
4, and by adding a subdivision; 80A.05, subdivisions 4, 5, and by adding a
subdivision; 80A.06, subdivisions 1, 2, and 3; 80A.08; 80A.12, by adding a
subdivision; 80A.14, subdivision 3, and by adding subdivisions; 80A.15,
subdivisions 1 and 2; 80A.28, subdivisions 1 and 2; 82.20, subdivision 15;
82B.13, subdivisions 1, 4, and 5; 82B.14; 326.83, subdivision 11; 326.84,
subdivision 3; 326.921; 332.33, subdivision 1, and by adding a subdivision;
332.34; 359.061; and 359.071; proposing coding for new law in Minnesota
Statutes, chapters 45; 60K; and 80A; repealing Minnesota Statutes 1996, section
60K.07, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 19, after the second "commissioner" insert "a residence
telephone number,"
Page 2, line 20, after "resides" insert a comma and delete " were" and insert "where"
Page 2, line 22, after the period, insert "The individual shall notify the department of any change in
street address or residence telephone number within ten days."
Page 3, after line 24, insert:
"Sec. 7. Minnesota Statutes 1996, section 80A.02,
subdivision 1, is amended to read:
Subdivision 1. [ADVISORY ACTIVITIES AND PRINCIPAL TRANSACTIONS.] (a) It is unlawful for any person who receives, directly
or indirectly, any consideration from another primarily for advising the other
as to the value of securities or their purchase or sale:
Page 3, line 35, after "section" insert "12(b) or"
Page 4, line 6, after "clients" insert ", other than
those in clause (1),"
Page 4, line 26, after "by"
insert "the"
Page 4, line 27, after the period, insert "Notwithstanding any other provision of this section, until
October 10, 1999, the commissioner may require the registration of any federal
covered investment adviser who has failed to promptly pay the fees required by
section 80A.28 after being notified in writing by the commissioner of the
nonpayment or underpayment of such fees. A person shall be considered to have
promptly paid such fees if the fees are remitted to the commissioner within 15
days following the receipt of written notification from the commissioner."
Page 7, line 17, before the period, insert ";
(4) notwithstanding any other
provision of this section, until October 10, 1999, a federal covered security
for which the fees required by section 80A.28 have not been promptly paid after
the issuer of such securities has been notified in writing by the commissioner
of the nonpayment or underpayment of such fees. An issuer shall be considered to
have promptly paid such fees if the fees are remitted to the commissioner within
15 days following the receipt of written notification from the commissioner"
Page 8, line 33, delete "a broker
dealer who effects" and insert "an individual who
represents a broker-dealer in effecting"
Page 9, after line 3, insert:
"Sec. 21. Minnesota Statutes 1996, section 80A.14,
subdivision 4, is amended to read:
Subd. 4. [BROKER-DEALER.] "Broker-dealer" means any
person engaged in the business of effecting transactions in securities for the
account of others or for that person's own account. "Broker-dealer" does not
include:
(1) an agent;
(2) an issuer;
(3) a trust company; or
(4) a bank, savings institution, savings association,
credit union:
(i) acting for the account of others, provided that such
activities are conducted in compliance with such rules as may be adopted by the
commissioner;
(ii) acting for its own account; or
(iii) acting in a fiduciary capacity pursuant to the
powers and privileges described by sections 48.36 to 48.49 or United States
Code, title 12, section 92(a);
(5) a person who has no place of business in this state
if that person effects transactions in this state exclusively with or through
(i) the issuers of the securities involved in the transactions, (ii) other
broker-dealers, or (iii) banks, savings institutions, trust companies, insurance
companies, investment companies as defined in the Investment Company Act of
1940, (6) other persons not within the intent of this
subsection whom the commissioner by rule or order designates."
Page 9, line 9, delete the comma
Page 9, delete lines 10 to 13
Page 9, line 14, delete everything before the period
Page 9, line 20, delete everything after "act"
Page 9, delete lines 21 to 24
Page 9, line 25, delete everything before the period
Page 22, after line 9, insert:
"Sec. 27. Minnesota Statutes 1996, section 80A.16, is
amended to read:
80A.16 [FILING OF SALES AND ADVERTISING LITERATURE.]
The commissioner may by rule or order require the filing
of any prospectus, pamphlet, circular, form letter, advertisement, or other
sales literature or advertising communication addressed or intended for
distribution to prospective investors, including clients or prospective clients
of an investment adviser or broker-dealer unless:
(1) the security or
transaction is exempted by section 80A.15; or
(2) the security is a federal
covered security."
Page 23, line 14, delete "80A.04,
subdivision 5" and insert "80A.05, subdivision
1a"
Page 23, after line 14, insert:
"Sec. 30. Minnesota Statutes 1996, section 80C.01,
subdivision 4, is amended to read:
Subd. 4. "Franchise" means (a) a contract or agreement,
either express or implied, whether oral or written, for a definite or indefinite
period, between two or more persons:
(1) by which a franchisee is granted the right to engage
in the business of offering or distributing goods or services using the
franchisor's trade name, trademark, service mark, logotype, advertising, or
other commercial symbol or related characteristics;
(2) in which the franchisor and franchisee have a
community of interest in the marketing of goods or services at wholesale,
retail, by lease, agreement, or otherwise; and
(3) for which the franchisee pays, directly or
indirectly, a franchise fee; or
(b) a contract, lease, or other agreement, either express
or implied, whether oral or written, for a definite or indefinite period,
between two or more persons, whereby the franchisee is granted the right to
market motor vehicle fuel; or
(c) the sale or lease of any products, equipment,
chattels, supplies, or services to the purchaser, other than the sale of sales
demonstration equipment, materials or samples for a total price of $500 or less
to any one person, for the purpose of enabling the purchaser to start a business
and in which the seller:
(1) represents that the seller, lessor, or an affiliate
thereof will provide locations or assist the purchaser in finding locations for
the use or operation of vending machines, racks, display cases, or similar
devices, or currency operated amusement machines or devices, on premises neither
owned or leased by the purchaser or seller; or
(2) represents that the seller will purchase any or all
products made, produced, fabricated, grown, bred, or modified by the purchaser
using, in whole or in part, the supplies, services, or chattels sold to the
purchaser; or
(3) guarantees that the purchaser will derive income from
the business which exceeds the price paid to the seller; or
(d) an oral or written contract or agreement, either
expressed or implied, for a definite or indefinite period, between two or more
persons, under which a manufacturer, selling security systems through dealers or
distributors in this state, requires regular payments from the distributor or
dealer as royalties or residuals for products purchased and paid for by the
dealer or distributor.
(e) "Franchise" does not include any business which is
operated under a lease or license on the premises of the lessor or licensor as
long as such business is incidental to the business conducted by the lessor or
licensor on such premises, including, without limitation, leased departments,
licensed departments, and concessions.
(f) "Franchise" does not include any contract, lease or
other agreement whereby the franchisee is required to pay less than $100 on an
annual basis, except those franchises identified in paragraph (b).
(g) "Franchise" does not include a contract, lease or
other agreement between a new motor vehicle manufacturer, distributor, or
factory branch and a franchisee whereby the franchisee is granted the right to
market automobiles, motorcycles, trucks, truck tractors, or self-propelled motor
homes or campers if the foregoing are designed primarily for the transportation
of persons or property on public highways.
(h) "Franchise" does not include a
contract, lease, or other agreement or arrangement between two or more air
carriers, or between one or more air carriers and one or more foreign air
carriers. For purposes of this paragraph, "air carrier" and "foreign air
carrier" have the meanings provided in United States Code, title 49, sections
1301(3) and 1301(22), respectively.
Sec. 31. Minnesota Statutes 1996, section 82.19, is
amended by adding a subdivision to read:
Subd. 9. [EXCLUSIVE AGENCY
AGREEMENTS.] (a) Except as provided in paragraph (b), a
licensee shall not negotiate the sale, exchange, lease, or listing of any real
property directly with the owner or lessor knowing that the owner or lessor has
executed a written exclusive listing contract or exclusive contract for
nonagency services in connection with the property with another real estate
broker, buyer, or lessee, nor shall a licensee negotiate the purchase, lease, or
exchange of real property knowing that the buyer or lessee has executed a
written exclusive buyer representation contract or exclusive contract for
nonagency services for the purchase, lease, or exchange of the real property
with another real estate broker.
(b) A licensee may discuss the
terms upon which a listing or buyer representation contract or a contract for
nonagency services may be entered into after expiration of any existing
exclusive contract when the inquiry or discussion is initiated by the owner,
lessor, buyer, or lessee, and may enter into a contract with the owner, lessor,
buyer, or lessee to begin after the expiration date of the existing exclusive
contract. The licensee must inquire of the owner, lessor, buyer, or lessee
whether such an exclusive contract exists."
Page 24, after line 15, insert:
"Sec. 33. Minnesota Statutes 1996, section 82.22,
subdivision 13, is amended to read:
Subd. 13. [CONTINUING EDUCATION.] (a) After their first
renewal date, all real estate salespersons and all real estate brokers shall be
required to successfully complete 30 hours of real estate continuing education,
either as a student or a lecturer, in courses of study approved by the
commissioner, during each 24-month license period. At least 15 of the 30 credit
hours must be completed during the first 12 months of the 24-month licensing
period. Salespersons and brokers whose initial license period extends more than
12 months are required to complete 15 hours of real estate continuing education
during the initial license period. Those licensees who will receive a 12-month
license on July 1, 1995, because of the staggered implementation schedule must
complete 15 hours of real estate continuing education as a requirement for
renewal on July 1, 1996. Licensees may not claim credit for continuing education
not actually completed as of the date their report of continuing education
compliance is filed.
(b) The commissioner shall adopt rules defining the
standards for course and instructor approval, and may adopt rules for the proper
administration of this subdivision. The commissioner may
not approve a course which can be completed by the student at home or outside
the classroom without the supervision of an instructor approved by the
department of commerce. The commissioner has discretion to establish a pilot
program to explore delivery of accredited courses using new delivery technology,
including interactive technology. This pilot program expires on August 1,
2000.
(c) Any program approved by Minnesota continuing legal
education shall be approved by the commissioner of commerce for continuing
education for real estate brokers and salespeople if the program or any part
thereof relates to real estate.
(d) As part of the continuing education requirements of
this section, the commissioner shall require that all real estate brokers and
salespersons receive:
(1) at least two hours of training during each license
period in courses in laws or regulations on agency representation and
disclosure; and
(2) at least two hours of training during each license
period in courses in state and federal fair housing laws, regulations, and
rules, or other antidiscrimination laws.
Clause (1) does not apply to real estate salespersons and
real estate brokers engaged solely in the commercial real estate business who
file with the commissioner a verification of this status along with the
continuing education report required under paragraph (a).
(e) The commissioner is authorized to establish a
procedure for renewal of course accreditation.
Sec. 34. Minnesota Statutes 1996, section 82.24,
subdivision 5, is amended to read:
Subd. 5. [TRUST (b) A check received from a
potential buyer shall be deposited into the listing broker's trust account not
later than the third business day after delivery of the check to the broker,
except that the check may be held by the listing broker until acceptance or
rejection of the offer if:
(1) the check by its terms is not
negotiable by the broker or if the potential buyer has given written
instructions that the check shall not be deposited or cashed until acceptance or
shall be immediately returned if the offer is rejected; and
(2) the potential seller is
informed that the check is being so held before or at the time the offer is
presented to that person for acceptance.
If the offer is accepted, the
check shall be deposited in a neutral escrow depository or the trust fund
account of the listing broker not later than the third business day following
acceptance of the offer unless the broker has received written authorization
from all parties to the transaction to continue to hold the check. If the offer
is rejected, the check shall be returned to the potential buyer not later than
the next business day after rejection."
Page 26, after line 6, insert:
"Sec. 39. Minnesota Statutes 1996, section 82B.19,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE RENEWALS.] A licensed real estate
appraiser shall present evidence satisfactory to the commissioner of having met
the continuing education requirements of this chapter before the commissioner
renews a license.
The basic continuing education requirement for renewal of
a license is the completion by the applicant either as a student or as an
instructor, during the immediately preceding term of licensing, of at least 30
classroom hours of instruction in courses or seminars that have received the
approval of the commissioner. As part of the continuing
education requirements of this section, the commissioner shall require that all
real estate appraisers receive at least four hours of training each license
period in courses in laws or regulations on standards of professional
practice. If the applicant's immediately preceding term of licensing
consisted of 12 or more months, but fewer than 24 months, the applicant must
provide evidence of completion of 15 hours of instruction during the license
period. If the immediately preceding term of licensing consisted of fewer than
12 months, no continuing education need be reported.
Sec. 40. Minnesota Statutes 1996, section 317A.141, is
amended by adding a subdivision to read:
Subd. 4. [EFFECT OF AMENDMENTS
ON CHARITABLE TRUST ASSETS.] Assets held by a
corporation, including income or fees from services, are restricted to the uses
and purposes for which the property was received and held.
Sec. 41. Minnesota Statutes 1996, section 317A.671, is
amended to read:
317A.671 [CERTAIN ASSETS NOT TO BE DIVERTED.]
Except as provided in section 501B.31, when a corporation
dissolves, merges, substantially changes the use or
purposes for which it will use its assets, or consolidates, transfers its
assets, or grants a mortgage or other security interest in its assets, assets of
the corporation or a constituent corporation, and assets subsequently received
by a single corporation after a merger or consolidation, may not be diverted
from the uses and purposes for which the assets have been received and held, or
from the uses and purposes expressed or intended by the original donor.
Sec. 42. [325E.58] [SIGN CONTRACTOR; BOND.]
(a) A sign contractor may post a
compliance bond with the commissioner, conditioned that the sign contractor
shall faithfully perform duties and comply with laws, ordinances, rules, and
contracts entered into for the installation of signs. The bond must be renewed
annually and maintained for so long as determined by the commissioner. The
aggregate liability of the surety on the bond to any and all persons, regardless
of the number of claims made against the bond, may not exceed the annual amount
of the bond. The bond may be canceled as to future liability by the surety upon
30 days' written notice mailed to the commissioner by United States mail.
(b) The amount of the bond shall
be $8,000. The bond may be drawn upon only by a local unit of government that
requires sign installers to post a compliance bond. The bond is in lieu of any
compliance bond required by a local unit of government.
(c) For purposes of this section,
"sign" means a device, structure, fixture, or placard using graphics, symbols,
or written copy that is erected on the premises of an establishment including
the name of the establishment or identifying the merchandise, services,
activities, or entertainment available on the premises."
Page 28, line 22, after the period, insert "Notwithstanding any other law to the contrary,"
Page 28, delete line 23 and insert "not use an assumed name."
Page 28, delete line 24
Page 29, after line 27, insert:
"Sec. 51. Minnesota Statutes 1996, section 501B.35,
subdivision 3, is amended to read:
Subd. 3. [CHARITABLE TRUST.] "Charitable trust" means a
fiduciary relationship with respect to property that arises as a result of a
manifestation of an intention to create it, and that subjects the person by whom
the property is held to equitable duties to deal with the property for a
charitable purpose. As used in this definition, property
includes all income derived from fees for services.
Sec. 52. Minnesota Statutes 1996, section 507.401,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATE OF RELEASE.] An officer or duly
appointed agent of a title insurance company may, on behalf of a mortgagor or a
person who acquired from the mortgagor title to all or a part of the property
described in a mortgage, execute a certificate of release that complies with the
requirements of this section and record the certificate of release in the real
property records of each county in which the mortgage is recorded if Sec. 53. Minnesota Statutes 1996, section 507.401,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS.] A certificate of release executed
under this section must contain substantially all of the following:
(1) the name of the mortgagor, the name of the original
mortgagee, and, if applicable, the mortgage servicer, the date of the mortgage,
the date of recording, and volume and page or document number in the real
property records where the mortgage is recorded, together with similar
information for the last recorded assignment of the mortgage;
(2) a statement that the mortgage was in the original
principal amount of $500,000 or less;
(3) a statement that the person executing the certificate
of release is an officer or a duly appointed agent of a title insurance company
authorized and licensed to transact the business of insuring titles to interests
in real property in this state under chapter 68A;
(4) a statement that the certificate of release is made
on behalf of the mortgagor or a person who acquired title from the mortgagor to
all or a part of the property described in the mortgage;
(5) a statement that the mortgagee or mortgage servicer
provided a payoff statement which was used to make payment in full of the unpaid
balance of the loan secured by the mortgage; and
(6) a statement that payment in full of the unpaid
balance of the loan secured by the mortgage was made in accordance with the
written or verbal payoff statement. Page 29, after line 30, insert:
"Sec. 55. [EFFECTIVE DATE.]
Section 30 is effective the day
following final enactment and applies to all contracts, leases, or other
agreements in effect on or after that date. Sections 40, 41, and 51 are
effective the day following final enactment."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the second semicolon, insert
"modifying the definition of franchise; regulating real estate brokers and
salespersons;"
Page 1, line 5, after the semicolon, insert "regulating
charitable trusts; requiring a compliance bond for sign contractors;"
Page 1, line 8, after the second semicolon, insert
"regulating certificates of release by title insurance companies;"
Page 1, line 10, before "80A.04," insert "80A.02,
subdivision 1;"
Page 1, line 14, delete "80A.14, subdivision" and insert
"80A.14, subdivisions"
Page 1, line 15, after "3," insert "4,"
Page 1, line 16, before "80A.28," insert "80A.16;" and
before "82.20," insert "80C.01, subdivision 4; 82.19, by adding a subdivision;"
Page 1, line 17, after "15;" insert "82.22, subdivision
13; 82.24, subdivision 5;"
Page 1, line 18, after "82B.14;" insert "82B.19,
subdivision 1; 317A.141, by adding a subdivision; 317A.671;"
Page 1, line 20, delete "and" and before "proposing"
insert "501B.35, subdivision 3; and 507.401, subdivisions 2 and 3;"
Page 1, line 22, delete "and" and after "80A;" insert
"and 325E;"
With the recommendation that when so amended the bill
pass.
The report was adopted.
H. F. Nos. 90, 246, 367, 683, 742, 756, 924, 988 and 1032
were read for the second time.
S. F. Nos. 124 and 417 were read for the second time.
The following House Files were introduced:
Pugh, Wejcman, McGuire, Dawkins and Weaver introduced:
H. F. No. 1571, A bill for an act relating to human
rights; prohibiting employers from making inquiries regarding unlawful
discrimination complaints or charges made by applicants; limiting the discovery
and admission of certain evidence in sexual harassment cases; amending Minnesota
Statutes 1996, section 363.03, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 363.
The bill was read for the first time and referred to the
Committee on Judiciary.
Molnau, Lieder and Swenson, H., introduced:
H. F. No. 1572, A bill for an act relating to
transportation; increasing motor fuel taxes; appropriating money for
transportation and transit purposes; amending Minnesota Statutes 1996, sections
296.02, subdivision 1b; and 296.025, subdivision 1b.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Folliard, Kelso and Rhodes introduced:
H. F. No. 1573, A bill for an act relating to education;
continuing the Aquila community together project; appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
Sykora, Smith and Weaver introduced:
H. F. No. 1574, A bill for an act relating to family;
changing procedures and presumptions relating to joint custody; amending
Minnesota Statutes 1996, section 518.17, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
Munger, Huntley and Jaros introduced:
H. F. No. 1575, A bill for an act relating to waste
management; providing authority for the western Lake Superior sanitary district
to collect solid waste management service charges; amending Minnesota Statutes
1996, section 115A.554; proposing coding for new law in Minnesota Statutes,
chapter 458D.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Leppik introduced:
H. F. No. 1576, A bill for an act relating to
administrative procedures; extending the legal status of existing exempt rules;
amending Minnesota Statutes 1996, section 14.387.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Paulsen introduced:
H. F. No. 1577, A bill for an act relating to health;
exempting residential hospices from certain food preparation rules; proposing
coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Mullery, McCollum, Juhnke, Molnau and Lieder introduced:
H. F. No. 1578, A bill for an act relating to motor
vehicles; providing for special license plate stickers for members of veteran
service organizations; proposing coding for new law in Minnesota Statutes,
chapter 168.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Hausman, Workman, Munger, Solberg and Osthoff introduced:
H. F. No. 1579, A bill for an act relating to game and
fish; allowing subagents to retain a commission on the sale of sporting
licenses; amending Minnesota Statutes 1996, section 97A.485, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Mullery, Murphy, Jefferson, Skoglund and Stanek
introduced:
H. F. No. 1580, A bill for an act relating to crime;
witness tampering; increasing criminal penalties for certain witness tampering
crimes that involve great bodily harm or death, or clear, credible, and
unequivocal threats of great bodily harm or death; amending Minnesota Statutes
1996, section 609.498, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Judiciary.
Davids introduced:
H. F. No. 1581, A bill for an act relating to natural
resources; appropriating money for expansion of the Blufflands trail system.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Davids introduced:
H. F. No. 1582, A bill for an act relating to natural
resources; appropriating money for a soil survey in Fillmore county.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Mullery, Carlson, Kahn, Winter and Rhodes introduced:
H. F. No. 1583, A bill for an act relating to state
government; requiring the commissioner of administration to place a bust of
Nellie Stone Johnson in the state capitol.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Nornes, Peterson, Schumacher, Bettermann and Tompkins
introduced:
H. F. No. 1584, A bill for an act relating to human
services; providing for an electronic Minnesota community services directory;
appropriating money; proposing coding for new law in Minnesota Statutes, chapter
256.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Holsten, Bakk, Finseth and Osthoff introduced:
H. F. No. 1585, A bill for an act relating to natural
resources; specifying the disposition of interest earned on the unexpended
balances of certain state accounts; modifying provisions for the computation of
unrefunded gasoline tax; amending Minnesota Statutes 1996, sections 84.794,
subdivision 1; 84.803, subdivision 1; 84.927, subdivision 2; 86B.415,
subdivision 9; 94.165; and 296.421, subdivision 5.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Skoglund and Ozment introduced:
H. F. No. 1586, A bill for an act relating to criminal
justice; arson; providing for statewide arson training courses for law
enforcement and fire service personnel and prosecutors; creating an arson strike
force to provide investigative and prosecutorial assistance to local agencies;
providing intervention measures concerning juvenile firesetters; allowing the
state fire marshal to designate individuals with power to summon witnesses and
compel the production of documents; clarifying the district court's authority to
punish failure to testify or produce evidence; allowing conviction and
sentencing for both an arson crime and the crime the arson attempted to conceal;
requiring a presentence investigation report to consider the impact of an arson
offense on fire safety personnel; requiring development of an arson
investigation training module; providing criminal penalties; appropriating
money; amending Minnesota Statutes 1996, sections 299F.051; 299F.06,
subdivisions 1 and 3; 609.035, subdivision 1, and by adding a subdivision;
609.115, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 299F; and 626; repealing Minnesota Statutes 1996, section 299F.07.
The bill was read for the first time and referred to the
Committee on Judiciary.
Erhardt, Osthoff, Pugh, Leppik and Bradley introduced:
H. F. No. 1587, A bill for an act relating to commerce;
reducing certain fees of the department of commerce; amending Minnesota Statutes
1996, sections 80A.28, subdivision 2; 82.21, subdivision 1; 82B.09, subdivision
1; 155A.045, subdivision 1; 326.86, subdivision 1; 326.975, subdivision 1; and
359.01, subdivision 3.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Trimble, Farrell and Mariani introduced:
H. F. No. 1588, A bill for an act relating to state
government; appropriating money for an advisory task force to consider a
Minnesota museum of music.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Evans, Trimble, Kahn, Workman and Rhodes introduced:
H. F. No. 1589, A bill for an act relating to community
development; providing funding for the center for victims of torture;
appropriating money.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Anderson, B.; Farrell; Broecker; Mares and McGuire
introduced:
H. F. No. 1590, A bill for an act relating to children;
providing for treatment of certain children in need of protection or services;
requiring certain notices; imposing a criminal penalty; amending Minnesota
Statutes 1996, section 260.191, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 260.
The bill was read for the first time and referred to the
Committee on Judiciary.
Swenson, D.; Skoglund; Tuma; Farrell and Stanek
introduced:
H. F. No. 1591, A bill for an act relating to crime
prevention; authorizing use of results of preliminary screening test in a
prosecution for violating a condition imposed on holder of a limited driver's
license; amending Minnesota Statutes 1996, section 169.121, subdivision 6.
The bill was read for the first time and referred to the
Committee on Judiciary.
Tuma, Hasskamp, Milbert, Kraus and Olson, E., introduced:
H. F. No. 1592, A bill for an act relating to taxation;
property; providing that certain property owners residing in a nursing home
retain homestead status; amending Minnesota Statutes 1996, section 273.124,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Dempsey; Davids; Mahon; Anderson, I., and Sykora
introduced:
H. F. No. 1593, A bill for an act relating to insurance;
requiring certain insurers to provide certain water or steam damage coverage;
proposing coding for new law in Minnesota Statutes, chapter 65A.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Farrell; Mariani; Skoglund; Swenson, D., and Trimble
introduced:
H. F. No. 1594, A bill for an act relating to crime
prevention; appropriating money to develop a law enforcement library at
Metropolitan State University.
The bill was read for the first time and referred to the
Committee on Judiciary.
Farrell; Mariani; Swenson, D.; Skoglund and Trimble
introduced:
H. F. No. 1595, A bill for an act relating to crime
prevention; directing the board of peace officer standards and training to amend
its rules and to establish an award for excellence in peace officer training.
The bill was read for the first time and referred to the
Committee on Judiciary.
Broecker and Krinkie introduced:
H. F. No. 1596, A bill for an act relating to highways;
requiring the commissioner of transportation to take appropriate action to
substantially increase pedestrian safety at an intersection in North Oaks.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Pugh, Broecker, Murphy, Larsen and Dawkins introduced:
H. F. No. 1597, A bill for an act relating to legal
services; appropriating money to the supreme court for civil legal services.
The bill was read for the first time and referred to the
Committee on Judiciary.
Koppendrayer, Kelso, Hilty and Vickerman introduced:
H. F. No. 1598, A bill for an act relating to human
services; providing for county agency reimbursement for services provided to
American Indians living on reservations; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 256.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Dehler and Knoblach introduced:
H. F. No. 1599, A bill for an act relating to education;
expanding eligible institutions for purposes of the child care grant program;
amending Minnesota Statutes 1996, section 136A.125, subdivision 3.
The bill was read for the first time and referred to the
Committee on Education.
Erhardt, Hasskamp, Murphy and Rhodes introduced:
H. F. No. 1600, A bill for an act relating to taxation;
providing an additional property tax refund to certain homeowners; amending
Minnesota Statutes 1996, sections 290A.04, by adding a subdivision; and 290A.23,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Abrams, Pugh and McGuire introduced:
H. F. No. 1601, A bill for an act relating to crimes;
eliminating misdemeanor offense of selling toxic substances to minors; amending
Minnesota Statutes 1996, section 609.684, subdivision 4; repealing Minnesota
Statutes 1996, sections 145.406; and 609.684, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
Stang and Bettermann introduced:
H. F. No. 1602, A bill for an act relating to traffic
regulations; authorizing school buses operating on certain routes to be equipped
with tires having metal studs; amending Minnesota Statutes 1996, section 169.72,
by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Slawik introduced:
H. F. No. 1603, A bill for an act relating to state
lands; authorizing the transfer to the city of Oakdale of certain tax-forfeited
land that borders public water in Washington county.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Tomassoni, Davids, Milbert and Jennings introduced:
H. F. No. 1604, A bill for an act relating to insurance;
no-fault auto; regulating residual liability insurance on nonowned vehicles;
amending Minnesota Statutes 1996, section 65B.49, subdivision 3.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Davids introduced:
H. F. No. 1605, A bill for an act relating to insurance;
Minnesota comprehensive health insurance association; modifying eligibility for
coverage under the state plan; providing funding for the expenses of the
association; prohibiting unfair referrals; amending Minnesota Statutes 1996,
sections 62E.10, subdivision 7; 62E.11, by adding a subdivision; 62E.14, by
adding a subdivision; 256B.0625, subdivision 15; 256D.03, subdivision 3b; and
268.022, subdivision 2.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Seagren, McCollum and Hasskamp introduced:
H. F. No. 1606, A bill for an act relating to taxation;
individual income; allowing a subtraction for military pay; amending Minnesota
Statutes 1996, section 290.01, subdivision 19b.
The bill was read for the first time and referred to the
Committee on Taxes.
Carlson; Seagren; Tomassoni; Johnson, R., and Ness
introduced:
H. F. No. 1607, A bill for an act relating to education;
establishing the lifework learning center; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 121.
The bill was read for the first time and referred to the
Committee on Education.
Bishop, Bradley and Opatz introduced:
H. F. No. 1608, A bill for an act relating to local
government; authorizing home rule charters to provide for recall and removal of
officers; amending Minnesota Statutes 1996, section 410.20.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Knoblach introduced:
H. F. No. 1609, A bill for an act relating to
corrections; creating the site selection committee to recommend sites for future
correctional facilities; proposing coding for new law in Minnesota Statutes,
chapter 243.
The bill was read for the first time and referred to the
Committee on Judiciary.
Knoblach introduced:
H. F. No. 1610, A bill for an act relating to the
legislature; providing that testimony be made under oath or affirmation;
providing penalties; proposing coding for new law in Minnesota Statutes, chapter
3.
The bill was read for the first time and referred to the
Committee on Judiciary.
Slawik; Clark; Swenson, D.; Mares and Jaros introduced:
H. F. No. 1611, A bill for an act appropriating money for
Landfall housing and redevelopment.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Kalis, Solberg, Dempsey, Knoblach and Bishop introduced:
H. F. No. 1612, A bill for an act relating to public
administration; amending certain conditions relating to spending authorizations;
amending Laws 1996, chapter 463, section 13, subdivision 4.
The bill was read for the first time and referred to the
Committee on Capital Investment.
Rifenberg, Davids, Pelowski and Hasskamp introduced:
H. F. No. 1613, A bill for an act relating to
appropriations; changing appropriation for the Pickwick Mill; amending Laws
1996, chapter 463, section 22, subdivision 8.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Tompkins, Stanek, Westfall, Macklin and Workman
introduced:
H. F. No. 1614, A resolution memorializing Congress to
propose an amendment to the United States Constitution to balance the budget.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Olson, E.; Daggett; Kubly; Anderson, I., and Davids
introduced:
H. F. No. 1615, A bill for an act relating to tax
increment financing; exempting small cities from certain rules; amending
Minnesota Statutes, sections 273.1399, by adding a subdivision; 469.174, by
adding a subdivision; 469.176, subdivisions 4c, 4j, and 5; and 469.1763, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Hausman and Winter introduced:
H. F. No. 1616, A bill for an act relating to taxation;
reenacting the sales and use tax exemptions for photovoltaic devices and wind
energy systems; amending Minnesota Statutes 1996, section 297A.25, by adding
subdivisions.
The bill was read for the first time and referred to the
Committee on Regulated Industries and Energy.
Macklin, Long, Koppendrayer, Kelso and Abrams introduced:
H. F. No. 1617, A bill for an act relating to taxation;
providing for property tax reform; changing class rates; providing education
funding; providing truth in budgeting; providing levy constraints; appropriating
money; amending Minnesota Statutes 1996, sections 273.13, subdivisions 22, 23,
24, 25, and 31; 273.1393; 275.065, subdivisions 1, 3, 5a, and 6, and by adding a
subdivision; 275.07, by adding a subdivision; 276.04, subdivision 2; 477A.013,
subdivision 9; and 477A.03, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 273; and 275; repealing Minnesota Statutes 1996,
sections 273.13, subdivision 32; 473.3915; and 477A.011, subdivision 37.
The bill was read for the first time and referred to the
Committee on Taxes.
Greiling, McGuire, Tuma, Osskopp and Luther introduced:
H. F. No. 1618, A bill for an act relating to state
agencies; multimember agencies; changing certain publication dates and
requirements; modifying registration requirements; changing the expiration date
for certain multimember agencies; amending Minnesota Statutes 1996, sections
15.059, subdivision 5; 15.0597, subdivisions 2 and 3; and 15.0599, subdivisions
1, 4, and 5, and by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 15.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Jennings; Swenson, D., and Holsten introduced:
H. F. No. 1619, A bill for an act relating to local
government; authorizing abandonment of a ditch; appropriating money.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Kinkel introduced:
H. F. No. 1620, A bill for an act relating to counties;
providing that issuance of a certain permit does not make a county liable for
certain injuries; amending Minnesota Statutes 1996, section 86B.121.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Murphy and Hilty introduced:
H. F. No. 1621, A bill for an act relating to state
lands; authorizing private sale of certain tax-forfeited land in Carlton county.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Rifenberg and Davids introduced:
H. F. No. 1622, A bill for an act relating to state
lands; authorizing the private sale of certain surplus state land in Houston
county.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Westrom introduced:
H. F. No. 1623, A bill for an act relating to government
officials; limiting certain promotional activities; amending Minnesota Statutes
1996, section 16B.52, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Bishop and Dawkins introduced:
H. F. No. 1624, A bill for an act relating to civil
actions; limitations periods; adding occupational therapists to the limitation
period for other health care professionals; amending Minnesota Statutes 1996,
section 541.07.
The bill was read for the first time and referred to the
Committee on Judiciary.
Mariani, McCollum, Paymar, Osthoff and Dawkins
introduced:
H. F. No. 1625, A bill for an act relating to the city of
St. Paul; appropriating money to fund the Harriet Island Redevelopment.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
McGuire introduced:
H. F. No. 1626, A bill for an act relating to privacy;
providing for the classification of and access to government data; modifying
provisions governing data practices; amending Minnesota Statutes 1996, sections
13.33; 13.43, subdivision 2; 13.82, by adding a subdivision; 13.85, subdivision
2; 171.12, subdivision 1; and 260.161, subdivisions 1 and 1a.
The bill was read for the first time and referred to the
Committee on Judiciary.
Knoblach and Jefferson introduced:
H. F. No. 1627, A bill for an act relating to retirement;
public employees police and fire fund; providing for an administrative hearing
on the question of alleged incorrect tax documentation on a disability benefit;
appropriating money.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Johnson, A.; Long; Pelowski; Ness and Ozment introduced:
H. F. No. 1628, A bill for an act relating to sales tax;
making certain services taxable; creating an advisory council; amending
Minnesota Statutes 1996, section 297A.01, subdivision 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Jefferson introduced:
H. F. No. 1629, A bill for an act relating to warrants;
providing for inspection warrants; providing a penalty; proposing coding for new
law in Minnesota Statutes, chapter 626.
The bill was read for the first time and referred to the
Committee on Judiciary.
Krinkie, Pawlenty, Van Dellen, Rifenberg and Knight
introduced:
H. F. No. 1630, A bill for an act relating to taxes;
sales and use; modifying the rate; amending Minnesota Statutes 1996, section
297A.02, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Van Dellen and Stanek introduced:
H. F. No. 1631, A bill for an act relating to crime;
increasing sentences for persons who commit felonies for the benefit of a
criminal gang; repealing the statutory definition of criminal gang; amending
Minnesota Statutes 1996, section 609.229, subdivision 3; repealing Minnesota
Statutes 1996, section 609.229, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary.
Mariani, Clark, Dawkins, Bakk and Jaros introduced:
H. F. No. 1632, A bill for an act relating to
appropriations; appropriating money for the neighborhood land trust program.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Haas, Peterson, Munger and Bakk introduced:
H. F. No. 1633, A bill for an act relating to
snowmobiles; requiring snowmobile liability insurance; authorizing the issuance
of civil citations; requiring lottery game with a snowmobile safety theme;
providing civil and criminal penalties; appropriating money; amending Minnesota
Statutes 1996, section 349.12, subdivision 25; proposing coding for new law in
Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Haas, Bradley and Westrom introduced:
H. F. No. 1634, A bill for an act relating to health;
requiring the board of the Minnesota comprehensive health association to develop
a prescription drug insurance program for senior citizens; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Haas, Van Dellen, Boudreau and Knoblach introduced:
H. F. No. 1635, A bill for an act relating to taxation;
individual income; allowing a one-time personal and dependent refund.
The bill was read for the first time and referred to the
Committee on Taxes.
Mulder, Peterson, Westrom, Westfall and Nornes
introduced:
H. F. No. 1636, A bill for an act relating to
snowmobiles; requiring the commissioner to provide a listing of safety programs;
amending Minnesota Statutes 1996, section 84.82, subdivision 2.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Anderson, I.; Abrams; Lieder and Davids introduced:
H. F. No. 1637, A bill for an act relating to insurance;
adopting insurance-related recommendations of the arson task force; amending
Minnesota Statutes 1996, sections 65A.296, subdivision 1; 65A.50, subdivision
13; 72A.20, subdivision 12; 72A.201, subdivision 8; 299F.053, subdivision 2; and
299F.054, subdivision 4.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
Trimble introduced:
H. F. No. 1638, A bill for an act relating to economic
development; promoting foreign trade zones; appropriating money.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Harder, Schumacher, Skare, Winter and Wenzel introduced:
H. F. No. 1639, A bill for an act relating to
agriculture; providing an appropriation for farm safety outreach; appropriating
money.
The bill was read for the first time and referred to the
Committee on Agriculture.
Harder and Winter introduced:
H. F. No. 1640, A bill for an act relating to retirement;
public employees retirement association; providing for certain refunds as a
result of the privatization of the Jackson medical center and the Tracy
municipal hospital and clinic.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Schumacher introduced:
H. F. No. 1641, A bill for an act relating to state
government; requiring establishment of a toll-free telephone service for all
Minnesotans to call the legislature; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Dawkins introduced:
H. F. No. 1642, A bill for an act relating to economic
development; expanding the eligibility to qualify for inclusion within an
enterprise zone; amending Minnesota Statutes 1996, sections 469.301, by adding a
subdivision; 469.303; and 469.305, subdivision 1.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Bishop introduced:
H. F. No. 1643, A bill for an act relating to taxation;
providing that increases in property tax levies over those payable in 1997 be
levied against referendum market value; providing for targeted property tax
refunds for residential and farm homesteads; providing for local government
aids; abolishing limited market value; amending Minnesota Statutes 1996,
sections 124.2131, subdivision 1; 124A.03, subdivision 1g; 124A.0311,
subdivision 1; 124A.23, subdivisions 1 and 2; 273.032; 273.11, subdivision 5;
273.121; 276.04, subdivision 2; 290A.04, subdivision 2h; 477A.011, subdivision
34, and by adding subdivisions; 477A.013, subdivisions 8 and 9; and 477A.03,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124;
and 275; repealing Minnesota Statutes 1996, sections 124A.0311, subdivisions 2,
3, and 4; 273.11, subdivision 1a; and 477A.011, subdivisions 35, 36, and 37.
The bill was read for the first time and referred to the
Committee on Taxes.
Molnau introduced:
H. F. No. 1644, A bill for an act relating to
transportation; allowing population of city to be determined by estimate of
metropolitan council or state demographer for purpose of qualifying for
municipal state-aid street fund apportionment; amending Minnesota Statutes 1996,
section 162.09, subdivision 4.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Trimble, Ozment, Kalis and Larsen introduced:
H. F. No. 1645, A bill for an act relating to local
government; providing for the purchase and transfer of certain development
rights; appropriating money; amending Minnesota Statutes 1996, sections 394.25,
subdivision 2; and 462.357, subdivision 1.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Trimble introduced:
H. F. No. 1646, A bill for an act relating to
agriculture; providing for competition and economic fairness in the marketing of
dairy products; allowing retail price flexibility in sales of milk and milk
products; repealing Minnesota Statutes 1996, sections 32.70; 32.71; 32.72;
32.73; and 32.74.
The bill was read for the first time and referred to the
Committee on Agriculture.
Trimble, Clark, Osthoff and Gunther introduced:
H. F. No. 1647, A bill for an act relating to economic
development; providing funding and direction to the jobs skills partnership;
appropriating money; amending Minnesota Statutes 1996, section 116L.04,
subdivision 1, and by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Wejcman and Greenfield introduced:
H. F. No. 1648, A bill for an act relating to human
services; changing reimbursement to counties for transportation services
provided for transporting persons to detoxification programs or shelters;
amending Minnesota Statutes 1996, section 254A.17, subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Wejcman and Greenfield introduced:
H. F. No. 1649, A bill for an act relating to human
services; requiring case management services for mental illness to be reimbursed
at the same rate as case management services for mental retardation; amending
Minnesota Statutes 1996, section 256B.0625, subdivision 20.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Wejcman introduced:
H. F. No. 1650, A bill for an act relating to crime;
providing criminal penalties for adults who approach, contact, or speak to a
minor who is not related to the actor, with intent to commit sexual conduct or a
criminal or delinquent act; amending Minnesota Statutes 1996, sections 609.352,
subdivisions 1 and 2; and 609.494, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary.
Holsten, Osthoff, Tingelstad, McCollum and Westfall
introduced:
H. F. No. 1651, A bill for an act relating to natural
resources; appropriating money for the critical habitat private sector matching
account.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Ness, Tomassoni, Mares, Kielkucki and Schumacher
introduced:
H. F. No. 1652, A bill for an act relating to education;
modifying secondary vocational education aid guarantee; amending Minnesota
Statutes 1996, section 124.573, subdivision 2f.
The bill was read for the first time and referred to the
Committee on Education.
Workman introduced:
H. F. No. 1653, A bill for an act relating to consumer
protection; regulating new motorcycle warranties; imposing duties on
manufacturers; amending Minnesota Statutes 1996, section 325F.665, subdivision
1.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
Workman and Finseth introduced:
H. F. No. 1654, A bill for an act relating to health;
prohibiting partial-birth abortions; providing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Workman introduced:
H. F. No. 1655, A bill for an act relating to tax
increment financing; authorizing the city of Chanhassen to establish a housing
tax increment district; exempting the district from certain requirements.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Entenza introduced:
H. F. No. 1656, A bill for an act relating to crimes;
making it a crime for suspected drug-impaired driver to refuse to submit to drug
recognition evaluation; expanding implied consent law to cover drug recognition
evaluation conducted by a drug recognition expert; requiring peace officer
training in sobriety field testing and on drugs that impair driving; requiring
that drug recognition experts be trained and made available around the state on
a phased-in schedule; appropriating money; amending Minnesota Statutes 1996,
sections 169.01, by adding subdivisions; 169.121, subdivisions 1a and 2; and
169.123, subdivisions 2, 4, 5a, and 6; proposing coding for new law in Minnesota
Statutes, chapters 299D; and 626.
The bill was read for the first time and referred to the
Committee on Judiciary.
Skoglund and Entenza introduced:
H. F. No. 1657, A bill for an act relating to children;
child protection; providing a uniform process for children in need of protection
or services petitions; providing certain notice in voluntary placements;
providing for access to certain data on children; providing for contact and
communication agreements in adoption; modifying the reasonable efforts
requirement when a child has been placed outside the home; clarifying and
modifying time requirements for permanency planning; providing earlier notice to
relatives of permanency planning for a child; modifying grounds for termination
of parental rights; appropriating money; amending Minnesota Statutes 1996,
sections 256E.03, subdivision 2; 257.071, subdivisions 3, 4, and by adding
subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a subdivision;
259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29; 260.131,
subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, by
adding a subdivision; 260.165, subdivision 3; 260.191, subdivisions 3a, 3b, and
4; 260.192; 260.221, subdivisions 1 and 5; and 260.241, subdivisions 1 and 3;
proposing coding for new law in Minnesota Statutes, chapters 257; and 259;
repealing Minnesota Statutes 1996, section 259.33.
The bill was read for the first time and referred to the
Committee on Judiciary.
Holsten, Winter, Finseth, Westfall and Wagenius
introduced:
H. F. No. 1658, A bill for an act relating to the
environment; authorizing the delegation of National Pollutant Discharge
Elimination System permits; amending Minnesota Statutes 1996, sections 103D.335,
subdivision 10; and 115.03, subdivision 5.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Evans, Trimble, Delmont and Carruthers introduced:
H. F. No. 1659, A bill for an act relating to economic
development; appropriating money for the north metro I-35W corridor coalition.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Evans introduced:
H. F. No. 1660, A bill for an act relating to education;
assisting school districts in complying with state and federal laws prohibiting
discrimination; appropriating money.
The bill was read for the first time and referred to the
Committee on Education.
Pugh introduced:
H. F. No. 1661, A bill for an act relating to health;
providing for the limited practice of psychology; amending Minnesota Statutes
1996, section 148.90, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 148.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
McGuire introduced:
H. F. No. 1662, A bill for an act relating to
appropriations; making an appropriation to the Minnesota historical society for
a grant to the Minnesota center for legal education for certain programs.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Bakk introduced:
H. F. No. 1663, A bill for an act relating to Lake
county; providing for the establishment of a redevelopment project area and
redevelopment tax increment financing districts to finance certain costs of
wastewater collection and treatment facilities.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Anderson, I., and Bakk introduced:
H. F. No. 1664, A bill for an act relating to
appropriations; appropriating money for the Voyageur recreation area board.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Farrell introduced:
H. F. No. 1665, A bill for an act relating to liquor;
authorizing the issuance of intoxicating liquor licenses to the division of
parks and recreation of the city of Saint Paul; amending Laws 1990, chapter 554,
section 19.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
Biernat, Dawkins and Entenza introduced:
H. F. No. 1666, A bill for an act relating to civil
actions; providing a limitation on actions based on errors or omissions in
housing inspections; proposing coding for new law in Minnesota Statutes, chapter
541.
The bill was read for the first time and referred to the
Committee on Judiciary.
Luther, Mariani and Weaver introduced:
H. F. No. 1667, A bill for an act relating to education;
establishing an adult basic education program for adults with disabilities;
appropriating money; amending Minnesota Statutes 1996, sections 124.26, by
adding a subdivision; and 124.2601, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education.
Macklin introduced:
H. F. No. 1668, A bill for an act relating to evidence;
fixing the conditions for the disclosure of certain information subject to the
Minnesota Free Flow of Information Act; amending Minnesota Statutes 1996,
sections 595.023; and 595.024, subdivision 2.
The bill was read for the first time and referred to the
Committee on Judiciary.
Wenzel introduced:
H. F. No. 1669, A bill for an act relating to education;
authorizing a grant for Mid-State Education District No. 6979; appropriating
money.
The bill was read for the first time and referred to the
Committee on Education.
Goodno, Kinkel, Seifert, Opatz and Bettermann introduced:
H. F. No. 1670, A bill for an act relating to labor
relations; providing special arbitration provisions for a certain bargaining
unit; amending Minnesota Statutes 1996, section 179A.16, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Labor-Management Relations.
Paymar introduced:
H. F. No. 1671, A bill for an act relating to traffic
regulations; prescribing the display period for "Walk" signal at certain
pedestrian-control traffic signals; amending Minnesota Statutes 1996, section
169.06, subdivision 6.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Paymar and Trimble introduced:
H. F. No. 1672, A bill for an act relating to highways;
appropriating money for beautification and enhancement of marked trunk highway
No. 5 in St. Paul.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Greenfield introduced:
H. F. No. 1673, A bill for an act relating to human
services; authorizing an increase in reimbursement rates; including home
modification to the alternative care program and the waivered programs without
prior authorization; requiring rate consolidation for the waivered programs for
certain services; exempting certain individuals from preadmission screening;
requiring the monthly cap for elderly waiver conversion clients to be the higher
of either the statewide average or the actual nursing home cost; extending the
alternative care pilot projects; amending Minnesota Statutes 1996, sections
256B.0911, subdivision 2; 256B.0912, by adding a subdivision; 256B.0913,
subdivision 5; and 256B.0915, subdivision 3; Laws 1995, chapter 207, article 6,
section 115; repealing Minnesota Statutes 1996, sections 144.0721, subdivision
3; and 256B.0913, subdivision 15.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Dawkins introduced:
H. F. No. 1674, A bill for an act relating to crime
prevention; specifying eligibility for community-based crime prevention grants;
amending Minnesota Statutes 1996, section 119A.31, subdivision 1.
The bill was read for the first time and referred to the
Committee on Judiciary.
Dawkins introduced:
H. F. No. 1675, A bill for an act relating to community
development; appropriating money for a project in the city of St. Paul;
providing for a comprehensive planning process.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Pawlenty, Kinkel, Mulder, McGuire and Sykora introduced:
H. F. No. 1676, A bill for an act relating to early
childhood development; establishing an infant development project; appropriating
money.
The bill was read for the first time and referred to the
Committee on Education.
Anderson, B., by request, introduced:
H. F. No. 1677, A bill for an act relating to highways;
appropriating money for fencing along highway 169 in Elk River.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Biernat, Greiling, Evans, Weaver and Kahn introduced:
H. F. No. 1678, A bill for an act relating to education;
establishing an interim task force to study and recommend a preK-12 education
governance structure; directing the revisor to make the appropriate changes to
reflect the repeal of the state board of education; repealing Minnesota Statutes
1996, section 121.02.
The bill was read for the first time and referred to the
Committee on Education.
Garcia, Mahon and Wagenius introduced:
H. F. No. 1679, A bill for an act relating to
metropolitan airports; requiring conveyance and reconveyance of land between
metropolitan airports commission and city of Richfield.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Anderson, I., introduced:
H. F. No. 1680, A bill for an act relating to education;
appropriating money for the gateway to the world grant.
The bill was read for the first time and referred to the
Committee on Education.
Peterson, Munger and Hausman introduced:
H. F. No. 1681, A bill for an act relating to motor
vehicles; temporarily reducing registration tax on motor vehicles powered by
alternative fuels; imposing registration fee on certain vehicles; creating
alternative fuel vehicle development account to promote development of
alternative fuel vehicles and fueling facilities; requiring rulemaking;
temporarily halting taxation of certain motor fuels; making technical
correction; amending Minnesota Statutes 1996, sections 168.013, by adding a
subdivision; 296.02, subdivision 1b; and 296.025, subdivision 1b; proposing
coding for new law in Minnesota Statutes, chapter 216C.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Peterson, Davids, McCollum and Dorn introduced:
H. F. No. 1682, A bill for an act relating to traffic
regulations; allowing school buses to be operated with studded tires when
authorized by the local school board; amending Minnesota Statutes 1996, section
169.72, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Seifert, by request, and Winter introduced:
H. F. No. 1683, A bill for an act relating to human
services; establishing a downsizing pilot project for two ICF/MR located in Lyon
county.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Kelso, Koppendrayer, Greiling, Weaver and Biernat
introduced:
H. F. No. 1684, A bill for an act relating to education;
appropriating money to fund the Minnesota International Center's international
classroom connection.
The bill was read for the first time and referred to the
Committee on Education.
Delmont and Carlson introduced:
H. F. No. 1685, A bill for an act relating to education;
modifying the equalized debt service levy; appropriating money; amending
Minnesota Statutes 1996, sections 124.95, subdivision 4; and 124.961.
The bill was read for the first time and referred to the
Committee on Education.
Kubly, Winter, Juhnke and Wenzel introduced:
H. F. No. 1686, A bill for an act relating to
agriculture; creating a rural dispute resolution procedure; amending Laws 1986,
chapter 398, article 1, section 18, as amended; proposing coding for new law as
Minnesota Statutes, chapter 40B.
The bill was read for the first time and referred to the
Committee on Agriculture.
Tunheim introduced:
H. F. No. 1687, A bill for an act relating to human
services; allowing optional bidding for vendors of senior meals; amending
Minnesota Statutes 1996, section 256.9752, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Tunheim introduced:
H. F. No. 1688, A bill for an act relating to taxation;
property; allowing apartment property in certain towns to receive a lower class
rate; amending Minnesota Statutes 1996, section 273.13, subdivision 25.
The bill was read for the first time and referred to the
Committee on Taxes.
Johnson, A.; Kelso; Broecker; Schumacher and Knight
introduced:
H. F. No. 1689, A bill for an act relating to drivers'
licenses; providing that motorcycle permit is effective for one year before
renewal; providing for endorsement fees; amending Minnesota Statutes 1996,
sections 169.974, subdivision 2; 171.06, subdivision 2a; and 171.13, subdivision
5, and by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation and Transit.
Hasskamp and Leppik introduced:
H. F. No. 1690, A bill for an act relating to watercraft;
modifying provisions for the operation of personal watercraft; requiring
insurance to obtain a personal watercraft license; amending Minnesota Statutes
1996, sections 86B.313, subdivisions 1 and 3; and 86B.401, subdivision 1.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Pugh, Dawkins, Wejcman, Murphy and Stanek introduced:
H. F. No. 1691, A bill for an act relating to the
judiciary; allowing the board on judicial standards to pay costs and attorney's
fees in certain cases; appropriating money.
The bill was read for the first time and referred to the
Committee on Judiciary.
Munger, Leppik, Hausman, Sekhon and Dempsey introduced:
H. F. No. 1692, A resolution memorializing Congress to
recognize Earth Day as a national day of service and education.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Pugh, Skoglund, Stanek, Garcia and Jefferson introduced:
H. F. No. 1693, A bill for an act relating to public
employees; providing that public safety dispatchers are essential employees;
amending Minnesota Statutes 1996, section 179A.03, subdivision 7.
The bill was read for the first time and referred to the
Committee on Labor-Management Relations.
Garcia, Holsten, Commers, Delmont and Olson, E.,
introduced:
H. F. No. 1694, A bill for an act relating to gambling;
modifying the combined receipts tax schedule; amending Minnesota Statutes 1996,
section 297E.02, subdivision 6.
The bill was read for the first time and referred to the
Committee on Regulated Industries and Energy.
Pugh, Wolf, Vickerman, Kelso and McCollum introduced:
H. F. No. 1695, A bill for an act relating to gambling;
modifying the combined receipts tax schedule; amending Minnesota Statutes 1996,
section 297E.02, subdivision 6.
The bill was read for the first time and referred to the
Committee on Regulated Industries and Energy.
Bakk introduced:
H. F. No. 1696, A bill for an act relating to game and
fish; establishing shooting hours for migratory game birds; amending Minnesota
Statutes 1996, section 97B.075.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Paulsen and Commers introduced:
H. F. No. 1697, A bill for an act relating to elections;
prohibiting candidates from accepting certain contributions; amending Minnesota
Statutes 1996, section 10A.27, subdivision 11.
The bill was read for the first time and referred to the
Committee on General Legislation, Veterans Affairs and Elections.
Greenfield introduced:
H. F. No. 1698, A bill for an act relating to health;
establishing reimbursement rates for a nursing facility relocated under the
moratorium exception process; amending Minnesota Statutes 1996, section
256B.431, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Rukavina, Solberg, Winter, Pelowski and Bettermann
introduced:
H. F. No. 1699, A bill for an act relating to higher
education; limiting the administrative costs of the Minnesota state colleges and
universities system.
The bill was read for the first time and referred to the
Committee on Education.
Kubly introduced:
H. F. No. 1700, A bill for an act relating to economic
development; appropriating money for redevelopment of a commercial building in
Olivia.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Murphy; Anderson, I., and Greenfield introduced:
H. F. No. 1701, A bill for an act relating to financial
institutions; limiting charges for cashing certain state warrants; proposing
coding for new law in Minnesota Statutes, chapter 48.
The bill was read for the first time and referred to the
Committee on Financial Institutions and Insurance.
McCollum, Greenfield and Kahn introduced:
H. F. No. 1702, A bill for an act relating to health;
regulating the practice of respiratory care; establishing the requirements for
registration and regulation of respiratory care practitioners; providing for
continuing education, fees, reporting obligations, disciplinary actions, and for
an advisory council; providing criminal penalties; proposing coding for new law
as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010;
4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070;
4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Entenza, Farrell and Paymar introduced:
H. F. No. 1703, A bill for an act authorizing the sale of
intoxicating liquor at professional athletic events in the St. Paul civic
center; amending Laws 1969, chapter 783, section 1, subdivision 1, as amended.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
Bradley introduced:
H. F. No. 1704, A bill for an act relating to health;
establishing an asset requirement for the MinnesotaCare program; imposing civil
and criminal penalties; amending Minnesota Statutes 1996, section 256.9355, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 256.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Finseth introduced:
H. F. No. 1705, A bill for an act relating to
appropriations; appropriating money to stabilize river banks in East Grand
Forks.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Entenza, Kubly and Evans introduced:
H. F. No. 1706, A bill for an act relating to health;
appropriating money for the distribution of information on Down Syndrome.
keeping or permitting a disorderly house within the building; maintaining a public nuisance in violation
of section 609.74, clause (1) or (3); (4) (5) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled
substances committed within the building; (5) (6) unlicensed sales of alcoholic beverages committed within the building in violation of section
340A.401; (6) (7) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the
building in violation of section 340A.503, subdivision 2, clause (1); or (7) (8) unlawful use or possession of a firearm, other dangerous weapon, or explosive in
violation of section 609.66, subdivision 1 or 1a, 609.67, or 624.713, committed within the building.
(a)
Except as provided in paragraphs (d) and (e), no person may distribute for sale
or use in this state any ink, dye, pigment, paint, or fungicide manufactured
after September 1, 1994, into which lead, cadmium, mercury, or hexavalent
chromium has been intentionally introduced.
(b) For the purposes of this
subdivision, "intentionally introduce" means to deliberately use a metal listed
in paragraph (a) as an element during manufacture or distribution of an item
listed in paragraph (a). Intentional introduction does not include the
incidental presence of any of the prohibited elements.
(c) The concentration of a listed
metal in an item listed in paragraph (a) may not exceed 100 parts per
million.
(d) The prohibition on the use of
lead in substances utilized in marking road, street, highway, and bridge
pavements does not take effect until July 1, 1998.
(e) The use of lead in substances
utilized in marking road, street, highway, and bridge pavements is exempt from
this subdivision until July 1, 1998. After July 1,
1998, no person may distribute a listed product for sale or use in this
state.
Subd. 2. [TEMPORARY EXEMPTION.]
(a) An item listed in subdivision 1 is exempt from this section until July 1,
1998, if the manufacturer of the item submitted to the commissioner a written
request for an exemption by August 1, 1994. The request must include at
least:
(1) an explanation of why
compliance is not technically feasible at the time of the request;
(2) how the manufacturer will
comply by July 1, 1997; and
(3) the name, address, and
telephone number of a person the commissioner can contact for further
information.
(b) By September 1, 1994, a person
who uses an item listed in subdivision 1, into which one of the listed metals
has been intentionally introduced, may submit, on behalf of the manufacturer, a
request for temporary exemption only if the manufacturer fails to submit an
exemption request as provided in paragraph (a). The request must include:
(1) an explanation of why the
person must continue to use the item and a discussion of potential
alternatives;
(2) an explanation of why it is
not technically feasible at the time of the request to formulate or manufacture
the item without intentionally introducing a listed metal;
(3) that the person will seek
alternatives to using the item by July 1, 1997, if it still contains an
intentionally introduced listed metal; and
(4) the name, address, and
telephone number of a person the commissioner can contact for further
information.
(c) A person who submits a request
for temporary exemption under paragraph (b) may submit a request for a temporary
exemption after September 1, 1994, for an item that the person will use as an
alternative to the item for which the request was originally made as long as the
new item has a total concentration level of all the listed metals that is
significantly less than in the original item. An exemption under this paragraph
expires July 1, 1998, and the person who requests it must submit the progress
description required in paragraph (e).
(d) By October 1, 1994, and
annually thereafter if requests are received under paragraph (c), the
commissioner shall submit to the environment and natural resources committees of
the senate and house of representatives, the finance division of the senate
committee on environment and natural resources, and the house of representatives
committee on environment and natural resources finance a list of manufacturers
and persons that have requested an exemption under this subdivision and the
items for which exemptions were sought, along with copies of the requests.
(e) By July 1, 1996, each
manufacturer on the list shall submit to the commissioner a description of the
progress the manufacturer has made toward compliance with subdivision 1, and the
date compliance has been achieved or the date on or before July 1, 1998, by
which the manufacturer anticipates achieving compliance. By July 1, 1996, each
person who has requested an exemption under paragraph (b) or (c) shall submit to
the commissioner:
(1) a description of progress made
to eliminate the listed metal or metals from the item or progress made by the
person to find a replacement item that does not contain an intentionally
introduced listed metal; and
(2) the date or anticipated date
the item is or will be free of intentionally introduced metals or the date the
person has stopped or will stop using the item.
By October 1, 1996, the
commissioner shall submit to the environment and natural resources committees of
the senate and house of representatives, the finance division of the senate
committee on environment and natural resources, and the house of representatives
committee on environment and natural resources finance a summary of the progress
made by the manufacturers and other persons and any recommendations for
appropriate legislative or other action to ensure that products are not
distributed in the state after July 1, 1998, that violate subdivision 1.
APPLICATION;
ENFORCEMENT CERTIFICATION OF COMPLIANCE.] (a) This section does not apply to art supplies.
(b) This section may be enforced
under sections 115.071 and 116.072. The attorney general or the commissioner of
the agency shall coordinate enforcement of this section with the director of the
office. By July 1, 1998, each person who has filed
the progress report specified in Laws 1994, chapter 585, section 30, subdivision
2, paragraph (e), indicating compliance would be achieved by July 1, 1998, shall
certify to the commissioner that the products referenced in that report have
been reformulated and no longer meet the definition of a specified product. The
certification must be in writing and signed by an official of the company. If,
due to significant change in circumstances, the person cannot so certify by July
1, 1998, a product review report and fee shall be submitted as provided under
subdivision 6.
(a) (1) to employ any device, scheme, or artifice to defraud
the other; or
(b) (2) to engage in any act, practice, or course of
business which operates or would operate as a fraud or deceit upon the other; or.
(c) (b)
It is unlawful for an investment adviser to knowingly sell any security to
or purchase any security from a client while acting as principal for the
person's own account or knowingly effect any sale or purchase of any security
for the account of a client while acting as broker for one other than the
client, unless the person discloses to the client in writing before the
execution of the transaction the capacity in which the person is acting and
obtains the consent of the client to the transaction."
pension or profit sharing trusts, or other
financial institutions or institutional buyers, or to broker-dealers, whether
the purchaser is acting for itself or in some fiduciary capacity; or
ACCOUNT
RECORDS ACCOUNTS.] (a)
Each broker or closing agent shall maintain and retain records of all trust
funds and trust accounts. The commissioner may prescribe information to be
included in the records by appropriate rules.
: (i) a satisfaction or release of the mortgage has not
been executed and recorded within 60 days after the
date payment in full of the loan secured by the mortgage was sent in accordance
with a payoff statement furnished by the mortgagee or the mortgage servicer, and (ii) the title insurance company, its officer, or
agent has sent to the last known address of the mortgagee or the mortgage
servicer, at least 30 days prior to executing the certificate of release,
written notice of its intention to execute and record a certificate of release
in accordance with this section after the expiration of the 60-day period.
, and received by the mortgagee or mortgage servicer, as
evidenced by one or more of the following in the records of the title insurance
company or its agent:
(i) a bank check, certified check,
escrow account check from the title company or title insurance agent, or
attorney trust account check that has been negotiated by the mortgagee or
mortgage servicer; or
(ii) other documentary evidence of
payment to the mortgagee or mortgage servicer;
(7) a statement that more than 60
days have elapsed since the date payment in full was sent;
(8) a statement that after the
expiration of the 60-day period referred to in subdivision 2, the title
insurance company, its officer, or agent sent to the last known address of the
mortgagee or mortgage servicer, at least 30 days prior to executing the
certificate of release, notice in writing of its intention to execute and record
a certificate of release in accordance with this section, with an unexecuted
copy of the proposed certificate of release attached to the written notice;
and
(9) a statement that the title
insurance company, its officer, or agent has not received notification in
writing of any reason why the certificate of release should not be executed and
recorded after the expiration of the 30-day notice period referred to in
subdivision 2."
INTRODUCTION AND FIRST READING OF HOUSE BILLS
Abrams | Erhardt | Kalis | Marko | Peterson | Sykora |
Anderson, B. | Evans | Kelso | McCollum | Pugh | Tingelstad |
Anderson, I. | Farrell | Kielkucki | McElroy | Rest | Tomassoni |
Bakk | Finseth | Kinkel | McGuire | Reuter | Tompkins |
Bettermann | Folliard | Knight | Milbert | Rhodes | Trimble |
Biernat | Garcia | Knoblach | Molnau | Rifenberg | Tuma |
Bishop | Goodno | Koppendrayer | Mulder | Rostberg | Tunheim |
Boudreau | Greenfield | Koskinen | Mullery | Rukavina | Van Dellen |
Bradley | Greiling | Kraus | Murphy | Schumacher | Vickerman |
Broecker | Gunther | Krinkie | Ness | Seagren | Wagenius |
Carlson | Haas | Kubly | Nornes | Seifert | Weaver |
Chaudhary | Harder | Kuisle | Olson, E. | Sekhon | Wejcman |
Clark | Hasskamp | Larsen | Olson, M. | Skare | Wenzel |
Commers | Hilty | Leighton | Opatz | Skoglund | Westfall |
Daggett | Holsten | Leppik | Orfield | Slawik | Westrom |
Davids | Huntley | Lieder | Osskopp | Smith | Winter |
Journal of the House - 23rd Day - Top of Page 764 |
|||||
Dawkins | Jaros | Lindner | Osthoff | Solberg | Wolf |
Dehler | Jefferson | Luther | Ozment | Stanek | Workman |
Delmont | Jennings | Macklin | Paulsen | Stang | Spk. Carruthers |
Dempsey | Johnson, A. | Mahon | Pawlenty | Sviggum | |
Dorn | Johnson, R. | Mares | Paymar | Swenson, D. | |
Entenza | Kahn | Mariani | Pelowski | Swenson, H. | |
The bill was passed and its title agreed to.
S. F. No. 463 was reported to the House.
Winter moved that S. F. No. 463 be continued on the Consent Calendar. The motion prevailed.
H. F. No. 1088, A bill for an act relating to elections; allowing towns to rotate names of candidates on town ballots; amending Minnesota Statutes 1996, section 205.17, subdivision 1.
The bill was read for the 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 | Erhardt | Kahn | Mariani | Pelowski | Swenson, H. |
Anderson, B. | Evans | Kalis | Marko | Peterson | Sykora |
Anderson, I. | Farrell | Kielkucki | McCollum | Pugh | Tingelstad |
Bakk | Finseth | Kinkel | McElroy | Rest | Tomassoni |
Bettermann | Folliard | Knight | McGuire | Reuter | Tompkins |
Biernat | Garcia | Knoblach | Milbert | Rhodes | Trimble |
Bishop | Goodno | Koppendrayer | Molnau | Rifenberg | Tuma |
Boudreau | Greenfield | Koskinen | Mulder | Rostberg | Tunheim |
Bradley | Greiling | Kraus | Mullery | Rukavina | Van Dellen |
Broecker | Gunther | Krinkie | Murphy | Schumacher | Vickerman |
Carlson | Haas | Kubly | Ness | Seagren | Wagenius |
Chaudhary | Harder | Kuisle | Nornes | Seifert | Weaver |
Clark | Hasskamp | Larsen | Olson, E. | Sekhon | Wejcman |
Commers | Hilty | Leighton | Olson, M. | Skare | Wenzel |
Daggett | Holsten | Leppik | Opatz | Skoglund | Westfall |
Davids | Huntley | Lieder | Orfield | Slawik | Westrom |
Dawkins | Jaros | Lindner | Osskopp | Smith | Winter |
Dehler | Jefferson | Long | Osthoff | Solberg | Wolf |
Delmont | Jennings | Luther | Ozment | Stanek | Workman |
Dempsey | Johnson, A. | Macklin | Paulsen | Stang | Spk. Carruthers |
Dorn | Johnson, R. | Mahon | Pawlenty | Sviggum | |
Entenza | Juhnke | Mares | Paymar | Swenson, D. | |
Abrams | Erhardt | Kahn | Mares | Paymar | Swenson, D. |
Anderson, B. | Evans | Kalis | Mariani | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | Marko | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McCollum | Pugh | Tingelstad |
Bettermann | Folliard | Kinkel | McElroy | Rest | Tomassoni |
Biernat | Garcia | Knight | McGuire | Reuter | Tompkins |
Bishop | Goodno | Knoblach | Milbert | Rhodes | Trimble |
Boudreau | Greenfield | Koppendrayer | Molnau | Rifenberg | Tuma |
Bradley | Greiling | Koskinen | Mulder | Rostberg | Tunheim |
Broecker | Gunther | Kraus | Mullery | Rukavina | Van Dellen |
Carlson | Haas | Krinkie | Murphy | Schumacher | Vickerman |
Chaudhary | Harder | Kubly | Ness | Seagren | Wagenius |
Clark | Hasskamp | Kuisle | Nornes | Seifert | Weaver |
Commers | Hilty | Larsen | Olson, E. | Sekhon | Wejcman |
Daggett | Holsten | Leighton | Olson, M. | Skare | Wenzel |
Davids | Huntley | Leppik | Opatz | Skoglund | Westfall |
Dawkins | Jaros | Lieder | Orfield | Slawik | Westrom |
Dehler | Jefferson | Lindner | Osskopp | Smith | Winter |
Delmont | Jennings | Long | Osthoff | Solberg | Wolf |
Dempsey | Johnson, A. | Luther | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Macklin | Paulsen | Stang | Spk. Carruthers |
Entenza | Juhnke | Mahon | Pawlenty | Sviggum | |
The bill was passed and its title agreed to.
The Speaker called Trimble to the Chair.
LEGISLATIVE ADMINISTRATION
Winter, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
H. F. Nos. 662, 958, 457, 454 and 1075.
H. F. No. 662, A bill for an act relating to the board of government innovation and cooperation; permitting the apportionment of a local government unit between two or more contiguous units; permitting the establishment of interim governing bodies to act on behalf of new local government units before the effective date of the combination establishing the new units; authorizing the pro rata allocation of board aid to cooperating and combining units; increasing eligibility for planning aid; amending Minnesota Statutes 1996, sections 465.81, subdivisions 1 and 3; 465.82, subdivisions 1, 2, and by adding a subdivision; 465.84; 465.85; 465.87, subdivisions 1a, 2, and 3; and 465.88.
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 2 nays as follows:
Those who voted in the affirmative were:
Abrams | Entenza | Johnson, R. | Mariani | Pelowski | Swenson, D. |
Anderson, B. | Erhardt | Juhnke | McCollum | Peterson | Swenson, H. |
Anderson, I. | Evans | Kahn | McElroy | Pugh | Sykora |
Bakk | Farrell | Kalis | McGuire | Rest | Tingelstad |
Bettermann | Finseth | Kielkucki | Milbert | Reuter | Tomassoni |
Biernat | Folliard | Kinkel | Molnau | Rhodes | Tompkins |
Bishop | Garcia | Knoblach | Mulder | Rifenberg | Trimble |
Boudreau | Goodno | Koppendrayer | Mullery | Rostberg | Tuma |
Bradley | Greenfield | Kraus | Murphy | Rukavina | Tunheim |
Broecker | Greiling | Kubly | Ness | Schumacher | Van Dellen |
Carlson | Gunther | Kuisle | Nornes | Seagren | Vickerman |
Chaudhary | Haas | Larsen | Olson, E. | Seifert | Wagenius |
Clark | Harder | Leighton | Olson, M. | Sekhon | Weaver |
Commers | Hasskamp | Leppik | Opatz | Skare | Wejcman |
Daggett | Hilty | Lieder | Orfield | Skoglund | Wenzel |
Davids | Holsten | Lindner | Osskopp | Slawik | Westfall |
Dawkins | Huntley | Long | Osthoff | Smith | Westrom |
Dehler | Jaros | Luther | Ozment | Solberg | Winter |
Delmont | Jefferson | Macklin | Paulsen | Stanek | Wolf |
Dempsey | Jennings | Mahon | Pawlenty | Stang | Workman |
Dorn | Johnson, A. | Mares | Paymar | Sviggum | Spk. Carruthers |
Those who voted in the negative were:
KnightKrinkie | |
The bill was passed and its title agreed to.
H. F. No. 958, A bill for an act relating to local government; providing that St. Louis county may attach certain unorganized territory to the town of White without a petition of residents.
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 4 nays as follows:
Those who voted in the affirmative were:
Journal of the House - 23rd Day - Top of Page 767 |
|||||
Abrams | Entenza | Juhnke | Mariani | Pelowski | Swenson, D. |
Anderson, B. | Erhardt | Kahn | Marko | Peterson | Swenson, H. |
Anderson, I. | Evans | Kalis | McCollum | Pugh | Sykora |
Bakk | Farrell | Kelso | McElroy | Rest | Tingelstad |
Bettermann | Finseth | Kielkucki | McGuire | Reuter | Tomassoni |
Biernat | Folliard | Kinkel | Milbert | Rhodes | Tompkins |
Bishop | Garcia | Knoblach | Molnau | Rifenberg | Trimble |
Boudreau | Goodno | Koppendrayer | Mulder | Rostberg | Tuma |
Bradley | Greenfield | Koskinen | Mullery | Rukavina | Tunheim |
Broecker | Greiling | Kraus | Murphy | Schumacher | Van Dellen |
Carlson | Gunther | Kubly | Ness | Seagren | Vickerman |
Chaudhary | Haas | Kuisle | Olson, E. | Seifert | Wagenius |
Clark | Harder | Larsen | Olson, M. | Sekhon | Weaver |
Commers | Hasskamp | Leighton | Opatz | Skare | Wejcman |
Daggett | Hilty | Leppik | Orfield | Skoglund | Wenzel |
Davids | Huntley | Lieder | Osskopp | Slawik | Westfall |
Dawkins | Jaros | Long | Osthoff | Smith | Westrom |
Dehler | Jefferson | Luther | Ozment | Solberg | Winter |
Delmont | Jennings | Macklin | Paulsen | Stanek | Wolf |
Dempsey | Johnson, A. | Mahon | Pawlenty | Stang | Workman |
Dorn | Johnson, R. | Mares | Paymar | Sviggum | Spk. Carruthers |
Those who voted in the negative were:
Knight | Krinkie | Lindner | Nornes |
The bill was passed and its title agreed to.
H. F. No. 457, A bill for an act relating to transportation; authorizing advance payment when required by federal government for transportation project; providing for payment for costs of certain culverts when abutting landowner is a road authority; removing and transferring jurisdiction of certain highways; requiring owners of certain bridges to inventory and regularly inspect their bridges; clarifying inspection requirement for toll and other bridges; providing for contingent appropriation to commissioner of transportation under certain circumstances; changing and repealing statutes regulating railroads to conform to federal law and federal preemption of certain regulated practices; transferring remaining duties and powers relating to regulating railroads from transportation regulation board to commissioner of transportation; modifying contractor bond requirements for transportation projects costing less than $75,000 or relating to the installation of certain capital equipment; extending procurement pilot project for department of transportation; authorizing conveyance of certain tax-forfeited and acquired land that borders public water or natural wetlands in Hennepin county; making technical changes; amending Minnesota Statutes 1996, sections 160.18, subdivision 1; 161.115, subdivisions 38 and 87; 165.03; 174A.06; 218.031, subdivision 2; 218.041, subdivisions 4 and 6; 219.074, subdivision 2; 219.384, subdivision 2; 219.98; and 574.26, subdivision 1a; Laws 1995, chapter 248, article 13, section 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16B; and 174; repealing Minnesota Statutes 1996, sections 161.115, subdivision 57; 218.021; 218.025; 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 and 2; 219.558; 219.559; 219.56; and 219.97, subdivision 6.
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 | Kahn | Mares | Paymar | Swenson, D. |
Anderson, B. | Evans | Kalis | Mariani | Pelowski | Swenson, H. |
Anderson, I. | Farrell | Kelso | Marko | Peterson | Sykora |
Bakk | Finseth | Kielkucki | McCollum | Pugh | Tingelstad |
Bettermann | Folliard | Kinkel | McElroy | Rest | Tomassoni |
Biernat | Garcia | Knight | McGuire | Reuter | Tompkins |
Bishop | Goodno | Knoblach | Milbert | Rhodes | Trimble |
Boudreau | Greenfield | Koppendrayer | Molnau | Rifenberg | Tuma |
Bradley | Greiling | Koskinen | Mulder | Rostberg | Tunheim |
Broecker | Gunther | Kraus | Mullery | Rukavina | Van Dellen |
Carlson | Haas | Krinkie | Murphy | Schumacher | Vickerman |
Chaudhary | Harder | Kubly | Nornes | Seagren | Wagenius |
Clark | Hasskamp | Kuisle | Olson, E. | Seifert | Weaver |
Commers | Hilty | Larsen | Olson, M. | Sekhon | Wejcman |
Journal of the House - 23rd Day - Top of Page 768 |
|||||
Daggett | Holsten | Leighton | Opatz | Skare | Wenzel |
Davids | Huntley | Leppik | Orfield | Skoglund | Westfall |
Dawkins | Jaros | Lieder | Osskopp | Slawik | Westrom |
Dehler | Jefferson | Lindner | Osthoff | Smith | Winter |
Delmont | Jennings | Long | Otremba | Solberg | Wolf |
Dempsey | Johnson, A. | Luther | Ozment | Stanek | Workman |
Dorn | Johnson, R. | Macklin | Paulsen | Stang | Spk. Carruthers |
Entenza | Juhnke | Mahon | Pawlenty | Sviggum | |
The bill was passed and its title agreed to.
H. F. No. 454 was reported to the House.
Knight offered an amendment to H. F. No. 454, the first engrossment.
Winter raised a point of order pursuant to rule 3.09 that the Knight amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the Knight amendment out of order.
H. F. No. 454, A bill for an act relating to motor vehicles; allowing issuance and display of single license plate for collector vehicles and vehicles that meet collector vehicle requirements but are used for general transportation purposes; amending Minnesota Statutes 1996, sections 168.10, subdivisions 1a, 1b, 1c, and 1d; and 169.79.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Kahn | Mariani | Paymar | Swenson, H. |
Anderson, B. | Evans | Kalis | Marko | Pelowski | Sykora |
Anderson, I. | Farrell | Kelso | McCollum | Peterson | Tingelstad |
Bakk | Finseth | Kielkucki | McElroy | Pugh | Tomassoni |
Bettermann | Folliard | Kinkel | McGuire | Rest | Tompkins |
Biernat | Garcia | Knight | Milbert | Reuter | Trimble |
Bishop | Goodno | Knoblach | Molnau | Rhodes | Tuma |
Boudreau | Greenfield | Koppendrayer | Mulder | Rifenberg | Tunheim |
Bradley | Greiling | Koskinen | Mullery | Rostberg | Van Dellen |
Broecker | Gunther | Kraus | Murphy | Rukavina | Vickerman |
Carlson | Haas | Kubly | Ness | Schumacher | Wagenius |
Chaudhary | Harder | Kuisle | Nornes | Seagren | Weaver |
Clark | Hasskamp | Larsen | Olson, E. | Seifert | Wejcman |
Commers | Hilty | Leighton | Olson, M. | Sekhon | Wenzel |
Daggett | Holsten | Leppik | Opatz | Skare | Westfall |
Davids | Huntley | Lieder | Orfield | Skoglund | Westrom |
Dawkins | Jaros | Lindner | Osskopp | Slawik | Winter |
Dehler | Jefferson | Long | Osthoff | Smith | Wolf |
Delmont | Jennings | Luther | Otremba | Solberg | Workman |
Dempsey | Johnson, A. | Macklin | Ozment | Stang | Spk. Carruthers |
Dorn | Johnson, R. | Mahon | Paulsen | Sviggum | |
Entenza | Juhnke | Mares | Pawlenty | Swenson, D. | |
Those who voted in the negative were:
KrinkieStanek | |
The bill was passed and its title agreed to.
H. F. No. 1075 was reported to the House.
Pugh moved that H. F. No. 1075 be returned to General Orders. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Sviggum moved that the name of Peterson be added as an author on H. F. No. 211. The motion prevailed.
Davids moved that the name of Delmont be added as an author on H. F. No. 367. The motion prevailed.
Murphy moved that the name of Westrom be added as an author on H. F. No. 633. The motion prevailed.
Dawkins moved that the name of Marko be added as an author on H. F. No. 812. The motion prevailed.
Farrell moved that the name of Pelowski be added as an author on H. F. No. 1109. The motion prevailed.
Boudreau moved that the names of Ness and Entenza be added as authors on H. F. No. 1114. The motion prevailed.
Tunheim moved that the name of Gunther be added as an author on H. F. No. 1186. The motion prevailed.
Kinkel moved that the names of Peterson; Swenson, H., and Anderson, I., be added as authors on H. F. No. 1224. The motion prevailed.
Trimble moved that the name of Peterson be added as an author on H. F. No. 1276. The motion prevailed.
Rhodes moved that the name of Broecker be added as an author on H. F. No. 1353. The motion prevailed.
Juhnke moved that the name of Sykora be added as an author on H. F. No. 1395. The motion prevailed.
Finseth moved that the name of Harder be added as an author on H. F. No. 1419. The motion prevailed.
Greiling moved that H. F. No. 60 be recalled from the Committee on Judiciary and be re-referred to the Committee on Education. The motion prevailed.
Lieder moved that H. F. No. 1232 be recalled from the Committee on Environment and Natural Resources and be re-referred to the Committee on Taxes. The motion prevailed.
Johnson, A., moved that H. F. No. 1562 be recalled from the Committee on Education and be re-referred to the Committee on Judiciary. The motion prevailed.
Davids moved that H. F. No. 367, now on Technical General
Orders, be re-referred to the Committee on Judiciary. The motion prevailed.
Davids moved that his name be stricken and the name of
Winter be added as chief author on H. F. No. 1179. The motion prevailed.
Kraus moved that H. F. No. 1210 be returned to its
author. The motion prevailed.
Winter moved that when the House adjourns today it
adjourn until 2:30 p.m., Wednesday, March 19, 1997. The motion prevailed.
Winter moved that the House adjourn. The motion
prevailed, and Speaker pro tempore Trimble declared the House stands adjourned
until 2:30 p.m., Wednesday, March 19, 1997.
Edward A. Burdick, Chief Clerk, House of
Representatives