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 the Minnesota Teen Challenge Chorus, Minneapolis, Minnesota.
The roll was called and the following members were present:
Abrams | Evans | Kalis | McCollum | Peterson | Tingelstad |
Anderson, B. | Farrell | Kelso | McElroy | Pugh | Tomassoni |
Anderson, I. | Finseth | Kielkucki | McGuire | Rest | Tompkins |
Bakk | Folliard | Knight | Milbert | Reuter | Trimble |
Bettermann | Garcia | Knoblach | Molnau | Rhodes | Tuma |
Biernat | Goodno | Koppendrayer | Mulder | Rifenberg | Tunheim |
Bishop | Greenfield | Koskinen | Mullery | Rostberg | Van Dellen |
Boudreau | Greiling | Kraus | Munger | Rukavina | Vickerman |
Bradley | Gunther | Krinkie | Murphy | Schumacher | Wagenius |
Broecker | Haas | Kubly | Ness | Seagren | Weaver |
Carlson | Harder | Kuisle | Nornes | Seifert | Wejcman |
Chaudhary | Hasskamp | Larsen | Olson, E. | Sekhon | Wenzel |
Clark | Hausman | Leighton | Olson, M. | Skare | Westfall |
Commers | Hilty | Leppik | Opatz | Skoglund | Westrom |
Daggett | Holsten | Lieder | Orfield | Slawik | Winter |
Davids | Huntley | Lindner | Osskopp | Smith | Wolf |
Dawkins | Jaros | Long | Osthoff | Solberg | Workman |
Dehler | Jefferson | Luther | Otremba | Stanek | Spk. Carruthers |
Delmont | Jennings | Macklin | Ozment | Stang | |
Dempsey | Johnson, A. | Mahon | Paulsen | Sviggum | |
Dorn | Johnson, R. | Mares | Pawlenty | Swenson, D. | |
Entenza | Juhnke | Mariani | Paymar | Swenson, H. | |
Erhardt | Kahn | Marko | Pelowski | Sykora | |
A quorum was present.
Kinkel was excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Pawlenty moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 538, memorializing Congress to support legislative initiatives to mitigate the economic competition among the states that has resulted from the adoption of targeted business incentive programs.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 90, A bill for an act relating to drivers' licenses; allowing exemption from commercial driver's license requirement for certain snowplow operators.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 835, relating to human services; creating an exception for a separate annual audit of a county operated day training and habilitation program.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 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.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 1382, relating to boilers; modifying show boiler and engine provisions.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
S.F. No. |
H.F. No. |
Session
Laws Chapter No. |
Time and Date Approved 1997 |
Date Filed 1997 |
538 | Resolution No. 1 | 10:15 a.m. April 16 | April 16 | |
1052 32 10:10 a.m. April 16 April 16 | ||||
305 33 10:12 a.m. April 16 April 16 | ||||
90 35 1:57 p.m. April 16 April 16 | ||||
835 36 2:12 p.m. April 16 April 16 | ||||
958 37 1:59 p.m. April 16 April 16 | ||||
1382 38 2:02 p.m. April 16 April 16 | ||||
Sincerely,
Joan Anderson Growe
Secretary of
State
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 361, A bill for an act relating to agriculture; changing certain wholesale food processor or manufacturer fees; amending Minnesota Statutes 1996, section 28A.08, subdivision 3.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 947, A bill for an act relating to environment; amending provisions regulating toxics in packaging; amending Minnesota Statutes 1996, section 115A.965, subdivisions 3, 7, and by adding a subdivision; repealing Minnesota Statutes 1996, section 115A.965, subdivision 6.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Long from the Committee on Taxes to which was referred:
H. F. No. 1684, A bill for an act relating to education;
kindergarten through grade 12; providing for general education; special
programs; lifework development; education organization, cooperation, and
facilities; education excellence; academic performance; education policy issues;
libraries; technology; state agencies; conforming and technical amendments;
appropriating money; amending Minnesota Statutes 1996, sections 120.062,
subdivisions 7 and 9; 120.0621, subdivisions 5a, 5b, 6, and by adding a
subdivision; 120.064, subdivisions 3, 4, 4a, 5, 8, 11, 20a, and by adding
subdivisions; 120.101, subdivision 5c, and by adding a subdivision; 120.17,
subdivision 3a; 120.181; 121.11, subdivision 7c, and by adding a subdivision;
121.1115, by adding subdivisions; 121.15, by adding subdivisions; 121.155, by
adding a subdivision; 121.602, subdivisions 1, 2, and 4; 121.611; 121.615,
subdivisions 2, 3, 5, 6, 7, 8, 9, and 10; 121.703, subdivision 3; 121.904,
subdivision 4a; 123.34, by adding a subdivision; 123.3514, subdivisions 4, 4a,
4c, 4e, 6c, 8, and by adding subdivisions; 123.39, subdivision 6; 123.935,
subdivision 7; 124.155, subdivision 1; 124.17, subdivision 4, and by adding a
subdivision; 124.193; 124.195, subdivisions 2, 7, 10, 11, and by adding a
subdivision; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, 10, 13, 14, 15, and
17; 124.226, subdivisions 4, 9, and 10; 124.2445; 124.2455; 124.248,
subdivisions 1 and 3; 124.2613, subdivisions 3 and 6; 124.2727, subdivisions 6a,
6c, and 6d; 124.273, subdivisions 1d, 1e, 1f, and 5; 124.312, subdivisions 4 and
5; 124.313; 124.314, subdivisions 1 and 2; 124.3201, subdivisions 1, 2, 3, and
4; 124.321, subdivision 1; 124.323, subdivisions 1 and 2; 124.42, subdivision 4;
124.431, subdivisions 2 and 11; 124.45; 124.481; 124.573, subdivision 2f;
124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.646, subdivision 1; 124.83,
subdivisions 1 and 2; 124.86, subdivision 2, and by adding a subdivision;
124.91, subdivisions 1 and 5; 124.912, subdivisions 1, 2, and 3; 124.916,
subdivisions 1, 2, and 3; 124.918, subdivision 6; 124.95, subdivision 2;
124.961; 124A.03, subdivision 1c; 124A.036, subdivisions 5 and 6; 124A.04,
subdivision 2; 124A.22, subdivisions 1, 2, as amended, 3, 6, 6a, 10, 11, 13b,
and by adding a subdivision; 124A.225, subdivisions 1 and 4; 124A.23,
subdivisions 1 and 3; 124A.26, subdivision 1; 124A.28; 124C.45, subdivision 1a;
124C.46, subdivisions 1 and 2; 124C.498, subdivision 2; 125.05, subdivisions 1c
and 2; 125.12, subdivision 14; 126.22, subdivision 2; 126.23, subdivision 1;
126.77, subdivision 1; 126.82; 127.27, subdivision 10; 127.282; 128C.02,
subdivision 2; 128C.08, subdivision 5; 134.155, subdivisions 2 and 3; 134.34,
subdivision 4; and 136A.233, by adding a subdivision; Laws 1991, chapter 265,
article 1, section 30, as amended; Laws 1992, chapter 499, article 7, section
31; Laws 1995, First Special Session chapter 3, article 1, section 56; article
2, section 52; article 3, section 11, subdivisions 1, 2, and 5; article 11,
section 21, subdivision 3; article 12, section 7, subdivision 1; Laws 1996,
chapter 412, article 4, section 34, subdivision 4; and article 12, sections 8
and 11; proposing coding for new law in Minnesota Statutes, chapters 120; 121;
124; 126; and 127; repealing Minnesota Statutes 1996, sections 121.904,
subdivision 4d; 124.177; 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226,
subdivisions 1, 3, 3a,
6, and 10; 124.3201, subdivisions 2a and 2b; 124A.22,
subdivisions 2a, 13, and 13a; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711;
124A.72; 124A.73; 126.113; 128B.10; 134.34, subdivision 4a; and 134.46; Laws
1993, chapter 146, article 5, section 20; Laws 1994, chapter 647, article 7,
section 18; and Laws 1995, First Special Session chapter 3, article 12, section
8.
Reported the same back with the following amendments:
Page 123, after line 18, insert:
"Sec. 33. [INDEPENDENT SCHOOL DISTRICT NO. 270, HOPKINS;
EXEMPTION.]
Minnesota Statutes, section
123.35, subdivision 19a, does not apply to independent school district No. 270,
Hopkins, for the Lindbergh Center, located at 2400 Lindbergh Drive, Minnetonka,
Minnesota."
Page 125, line 31, delete "33"
and insert "34"
Renumber the sections in sequence
Amend the title accordingly
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.
Osthoff from the Committee on Environment, Natural
Resources and Agriculture Finance to which was referred:
H. F. No. 1750, A bill for an act relating to natural
resources; extending permits for timber sales that expire in 1997.
Reported the same back with the recommendation that the
bill be re-referred to the Committee on Ways and Means without further
recommendation.
The report was adopted.
Osthoff from the Committee on Environment, Natural
Resources and Agriculture Finance to which was referred:
S. F. No. 413, A bill for an act relating to water;
authorizing a state general permit for water appropriation; amending Minnesota
Statutes 1996, section 103G.271, subdivision 1.
Reported the same back with the recommendation that the
bill pass.
The report was adopted.
Wagenius from the Committee on Transportation and Transit
to which was referred:
S. F. No. 1881, A bill for an act relating to the
organization and operation of state government; appropriating money for the
department of transportation and other agencies with certain conditions;
regulating certain activities and practices; providing for fees; establishing
revolving account; requiring a study; amending Minnesota Statutes 1996, sections
16B.335, subdivision 1; 161.082, by adding a subdivision; 168.011, subdivision
9; 168.018; 168A.29, subdivision 1; 169.974,
subdivision 2; 171.06, subdivision 2a; 171.13, by adding
a subdivision; 173.13, subdivision 4; 296.16, subdivision 1; 360.015, by adding
a subdivision; 360.017, subdivision 1; and 457A.04, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota
Statutes 1996, section 299D.10.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [TRANSPORTATION AND OTHER AGENCIES
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to the agencies and
for the purposes specified in this act, to be available for the fiscal years
indicated for each purpose. The figures "1997," "1998," and "1999," where used
in this act, mean that the appropriation or appropriations listed under them are
available for the year ending June 30, 1997, June 30, 1998, or June 30, 1999,
respectively. If the figures are not used, the appropriations are available for
the year ending June 30, 1998, or June 30, 1999, respectively. The term "first
year" means the year ending June 30, 1998, and the term "second year" means the
year ending June 30, 1999. Appropriations for the year ending June 30, 1997, are
in addition to appropriations made in previous years.
1997 1998 1999 TOTAL
General $290,000 $124,078,000 $100,507,000$224,875,000
Airports 18,016,000 18,078,000 36,094,000
C.S.A.H. 318,289,000 327,512,000645,801,000
Highway User 14,035,000 14,134,000 28,169,000
M.S.A.S. 96,580,000 99,264,000195,844,000
Special Revenue 912,000 927,000 1,839,000
Trunk Highway 8,905,000 940,546,000
944,020,0001,893,471,000
TOTAL $9,195,000 $1,512,456,000
$1,504,442,000$3,026,093,000
APPROPRIATIONS
Available for the Year
Ending June 30
1997 1998 1999
Sec. 2. TRANSPORTATION
Subdivision 1. Total Appropriation $ 8,905,000
$1,340,744,000 $1,343,091,000
The appropriations in this section are from the trunk
highway fund, except when another fund is named.
1997 1998 1999
General 41,519,000 32,737,000
Airports 17,966,000 18,028,000
C.S.A.H. 318,289,000 327,512,000
M.S.A.S. 96,580,000 99,264,000
Trunk Highway 8,905,000 865,507,000 864,516,000
The amounts that may be spent from this appropriation for
each program are specified in the following subdivisions.
Subd. 2. Aeronautics 18,296,000 17,958,000
Airports 17,896,000 17,958,000
General 400,000 -0-
The amounts that may be spent from this appropriation for
each activity are as follows:
(a) Airport Development and Assistance
1998 1999
12,948,000 12,948,000
$12,846,000 the first year and $12,846,000 the second
year are for navigational aids, construction grants, and maintenance grants. If
the appropriation for either year is insufficient, the appropriation for the
other year is available for it.
These appropriations must be spent in accordance with
Minnesota Statutes, section 360.305, subdivision 4.
$12,000 the first year and $12,000 the second year are
for maintenance of the Pine Creek Airport.
$90,000 the first year and $90,000 the second year are
for air service grants.
(b) Aviation Support
4,880,000 4,941,000
$65,000 the first year and $65,000 the second year are
for the civil air patrol.
$200,000 the first year and $200,000 the second year are
for the air service marketing program under Minnesota Statutes, section
360.0151.
(c) Air Transportation Services
468,000 69,000
Airports 68,000 69,000
General 400,000 -0-
$400,000 the first year is from the general fund for
refurbishing a federal surplus jet airplane for state ownership and use.
Subd. 3. Transit 15,823,000 15,837,000
General 15,512,000 15,521,000
Trunk Highway 311,000 316,000
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
The amounts that may be spent from this appropriation for
each activity are as follows:
(a) Greater Minnesota Transit Assistance
15,056,000 15,056,000
This appropriation is from the general fund.
(b) Transit Administration
767,000 781,000
General 456,000 465,000
Trunk Highway 311,000 316,000
Subd. 4. Railroads and Waterways 4,752,000 2,184,000
General 3,547,000 953,000
Trunk Highway 1,205,000 1,231,000
$3,000,000 is from the general fund for port development
assistance under Minnesota Statutes, chapter 457A. This appropriation is
available until June 30, 1999. This is a one-time appropriation and may not be
added to the agency's budget base.
$1,000,000 the first year is from the general fund for
the study of commuter rail service under section 8. This appropriation is
available until June 30, 1999. Of this amount the commissioner may spend up to
$100,000 for the costs of managing the study.
Subd. 5. Motor Carrier Regulation 2,437,000 2,487,000
Summary by Fund
General 110,000 113,000
Trunk Highway 2,327,000 2,374,000
Subd. 6. Local Roads 414,869,000 426,776,000
C.S.A.H. 318,289,000 327,512,000
M.S.A.S. 96,580,000 99,264,000
The amounts that may be spent from this appropriation for
each activity are as follows:
(a) County State Aids
318,289,000 327,512,000
This appropriation is from the county state-aid highway
fund and is available until spent.
(b) Municipal State Aids
96,580,000 99,264,000
This appropriation is from the municipal state-aid street
fund and is available until spent.
If an appropriation for either county state aids or
municipal state aids does not exhaust the balance in the fund from which it is
made in the year for which it is made, the commissioner of finance, upon request
of the commissioner of transportation, shall notify the committee on finance of
the senate and the committee on ways and means of the house of representatives
of the amount of the remainder and shall then add that amount to the
appropriation. The amount added is appropriated for the purposes of county state
aids or municipal state aids, as appropriate.
Subd. 7. Bridges 21,800,000 16,000,000
This appropriation is from the general fund.
Of this amount, $5,800,000 the first year is for grants
to political subdivisions for key bridges, and is to be spent in accordance with
Minnesota Statutes, section 174.50, subdivisions 4 to 7.
Of this amount, $16,000,000 the first year and
$16,000,000 the second year are for trunk highway bridges.
Subd. 8. State Roads 8,905,000 811,101,000 821,349,000
The amounts that may be spent from this appropriation for
each activity are as follows:
(a) State Road Construction
8,905,000 446,533,000 446,421,000
It is estimated that these appropriations will be funded
as follows:
Federal Highway Aid
225,000,000 225,000,000
Highway User Taxes
221,533,000 221,421,000
The commissioner of transportation shall notify the chair
of the committee on finance of the senate and chair of the committee on ways and
means of the house of representatives quarterly of any events that should cause
these estimates to change.
This appropriation is for the actual construction,
reconstruction, and improvement of trunk highways. This includes the cost of
actual payment to landowners for lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and relocation expenses.
The appropriation for fiscal year 1997 is for state road
construction and is added to the appropriations in Laws 1995, chapter 265,
article 2, section 2, subdivision 7, clause (a).
The commissioner of transportation may receive money
covering other shares of the cost of partnership projects. These receipts are
appropriated to the commissioner for these projects.
Before proceeding with a project, or a series of projects
on a single highway, with a cost exceeding $10,000,000, the commissioner shall
consider the feasibility of alternative means of financing the project or series
of projects, including but not limited to congestion pricing, tolls, mileage
pricing, and public-private partnership.
(b) Highway Debt Service
15,161,000 13,539,000
$5,951,000 the first year and $5,403,000 the second year
are for transfer to the state bond fund.
If this appropriation is insufficient to make all
transfers required in the year for which it is made, the commissioner of finance
shall notify the committee on finance of the senate and the committee on ways
and means of the house of representatives of the amount of the deficiency and
shall then transfer that amount under the statutory open appropriation.
Any excess appropriation must be canceled to the trunk
highway fund.
(c) Research and Investment Management
11,679,000 11,864,000
$499,000 the first year and $499,000 the second year are
available for grants for transportation studies outside the metropolitan area to
identify critical concerns, problems, and issues. These grants are available to
(1) regional development commissions, (2) in regions where no regional
development commission is functioning, joint powers boards established under
agreement of two or more political subdivisions in the region to exercise the
planning functions of a regional development commission, and (3) in regions
where no regional development commission or joint powers board is functioning,
the department's district office for that region.
$198,000 the first year and $198,000 the second year are
available for grants to metropolitan planning organizations outside the
seven-county metropolitan area.
$75,000 the first year and $75,000 the second year are
for a transportation research contingent account to finance research projects
that are reimbursable from the federal government or from other sources. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
(d) Central Engineering Services
56,593,000 57,384,000
Of these appropriations, $2,190,000 the first year and
$2,190,000 the second year are for scientific equipment. If the appropriation
for either year is insufficient, the appropriation for the other year is
available for it.
(e) Design and Construction Engineering
72,448,000 73,860,000
Of this amount, $2,850,000 the first year and $2,850,000
the second year are related to the appropriation for trunk highway bridges in
subdivision 7.
(f) State Road Operations
202,431,000 205,503,000
General 100,000 100,000
Trunk Highway 202,331,000 205,403,000
$11,689,000 the first year and $11,689,000 the second
year are for road equipment. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
$100,000 the first year and $100,000 the second year are
from the general fund for grants to the Minnesota highway safety center at St.
Cloud State University for driver education.
(g) Electronic Communications
6,256,000 12,778,000
General 9,000 9,000
Trunk Highway 6,247,000 12,769,000
$9,000 the first year and $9,000 the second year are from
the general fund for equipment and operation of the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
Subd. 9. General Support 38,512,000 39,466,000
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 38,401,000 39,355,000
The amounts that may be spent from this appropriation for
each activity are as follows:
(a) General Management
25,599,000 25,924,000
(b) General Services
12,913,000 13,542,000
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 12,802,000 13,431,000
$1,500,000 the first year and $1,500,000 the second year
are for data processing development. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
The commissioner of transportation shall manage the
department of transportation in such a manner as to provide seasonal employees
of the department with the maximum feasible amount of employment security
consistent with the efficient delivery of department programs.
Subd. 10. Buildings 12,271,000 -0-
$6,771,000 is for ongoing operational building needs.
$5,550,000 is for the Cedar Avenue truck station in Richfield.
The appropriation of $644,000 in Laws 1996, chapter 455,
article 2, section 2, clause (5), for the Deer Lake equipment storage building,
is reappropriated for a Virginia headquarters building addition for the state
patrol.
Subd. 11. Transfers
The commissioner of transportation with the approval of
the commissioner of finance may transfer unencumbered balances among the
appropriations from the trunk highway fund and the state airports fund made in
this section. No transfer may be made from the appropriation for state road
construction. No transfer may be made from the appropriations for debt service
to any other appropriation. Transfers may not be made between funds. Transfers
must be reported immediately to the committee on finance of the senate and the
committee on ways and means of the house of representatives.
Subd. 12. Contingent Appropriation
The commissioner of transportation, with the approval of
the governor after consultation with the legislative advisory commission under
Minnesota Statutes, section 3.30, may transfer all or part of the unappropriated
balance in the trunk highway fund to an appropriation (1) for trunk highway
design, construction, or inspection in order to take advantage of an
unanticipated receipt of income to the trunk highway fund, (2) for trunk highway
maintenance in order to meet an emergency, or (3) to pay tort or environmental
claims. The amount transferred is appropriated for the purpose of the account to
which it is transferred.
Sec. 3. METROPOLITAN COUNCIL TRANSIT 73,100,000
57,000,000
(a) The council may not spend more than $36,000,000 for
metro mobility in the 1998-1999 biennium except for proceeds from bond sales
when use of those proceeds for metro mobility capital expenditures is authorized
by law.
(b) Any appropriation in excess of $49,351,000 the first
year and $49,351,000 the second year may not be added to the agency's budget
base.
(c) $100,000, or so much of this amount as the
metropolitan council determines is necessary, is for development of the school
transportation plan under section 10.
(d) The council may not raise fares for regular route
service it provides during the 1998-1999 biennium.
(e) The council shall use this appropriation to meet the
following goals, and thereby provide at least 139,000,000 riders per biennium:
(1) preserve current transit service levels;
(2) enhance transit service reliability to assure
commuters that they will arrive at work on time;
(3) implement improvements in transit service for
commuters;
(4) develop and implement programs that enhance
partnerships with employers in order to promote transit use by employees and
link job-seekers to new jobs;
(5) make selected routes more efficient for commuters by
limiting the number of stops and decreasing travel time;
(6) effectively manage connections of suburban
circulators and other regular route services with timed transfers; and
(7) increase service in targeted areas to support all
work shifts.
(f) The council shall work with metropolitan counties to
ensure that transportation is not a barrier for economically disadvantaged
persons seeking to obtain and keep jobs.
(g) Of this amount, up to $1,000,000 the first year and
$1,000,000 the second year may be used by the council to make grants to
metropolitan counties and nonprofit organizations in the metropolitan area
currently working to place disadvantaged persons in jobs where transportation
has proven to be a barrier to job placement. Grants may be used to:
(1) provide full or partial bus fare reimbursement;
(2) work with employers to ensure that transportation
meets employment opportunities in the metropolitan area; and
(3) provide or contract for transportation links between
public transportation routes and employment locations. This appropriation is
available until June 30, 1999.
(h) Of this amount, $16,000,000 the first year must be
used by the council for transit capital improvements to maximize available funds
for transit capital projects. This appropriation is available until June 30,
1999. Except as otherwise provided in this section, the metropolitan council
shall not use the appropriation in this section for capital expenditures.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total Appropriation 290,000 98,453,000
104,343,000
1997 1998 1999
General 290,000 9,459,000 10,770,000
Special Revenue -0- 912,000 927,000
Trunk Highway -0- 74,172,000 78,637,000
Highway User -0- 13,910,000 14,009,000
Subd. 2. Administration and Related Services 10,635,000
11,914,000
General 2,830,000 3,953,000
Trunk Highway 6,490,000 6,616,000
Highway User 1,315,000 1,345,000
$326,000 the first year and $326,000 the second year are
for payment of public safety officer survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either year is insufficient, the
appropriation for the other year is available for it.
$299,000 the first year and $308,000 the second year are
for soft body armor reimbursements under Minnesota Statutes, section 299A.38.
$1,851,000 the first year and $1,830,000 the second year
are appropriated from the general fund for transfer by the commissioner of
finance to the trunk highway fund on January 1, 1998, and January 1, 1999,
respectively, in order to reimburse the trunk highway fund for expenses not
related to the fund. These represent amounts appropriated out of the trunk
highway fund for general fund purposes in the administration and related
services program.
$580,000 the first year and $610,000 the second year are
appropriated from the highway user tax distribution fund for transfer by the
commissioner of finance to the trunk highway fund on January 1, 1998, and
January 1, 1999, respectively, in order to reimburse the trunk highway fund for
expenses not related to the fund. These represent amounts appropriated out of
the trunk highway fund for highway user tax distribution fund purposes in the
administration and related services program.
$716,000 the first year and $716,000 the second year are
appropriated from the highway user tax distribution fund for transfer by the
commissioner of finance to the general fund on January 1, 1998, and January 1,
1999, respectively, in order to reimburse the general fund for expenses not
related to the fund. These represent amounts appropriated out of the general
fund for operation of the criminal justice data network related to driver and
motor vehicle licensing.
$1,128,000 the second year from the general fund and
$575,000 the first year and $575,000 the second year from the trunk highway fund
are to enhance the criminal justice computer systems.
Subd. 3. State Patrol 290,000 52,001,000 56,115,000
General 290,000 2,844,000 2,949,000
Trunk Highway 49,067,000 53,076,000
Highway User 90,000 90,000
The appropriation for fiscal year 1997 is for transfer to
the trunk highway fund to cover the costs of deploying state patrol troopers to
the city of Minneapolis to assist the city in combating violent crime.
$864,000 the first year and $864,000 the second year are
for installing, maintaining, and operating video cameras on state patrol
vehicles purchased on or after July 1, 1997. This appropriation is from the
general fund. This amount may not be added to the agency's budget base.
$1,675,000 the first year and $424,000 the second year
from the trunk highway fund are for the development and operational costs of
computer-aided dispatching, records management, and station office automation
systems.
$3,480,000 for the second year is from the trunk highway
fund for employment of up to 29 additional state troopers to be assigned to
patrolling highways, and additional support personnel for those troopers. This
appropriation is available to the commissioner at the rate of $120,000 for each
state trooper employed after July 1, 1998, and assigned to patrolling highways.
The number of state troopers assigned to patrolling highways at any time during
the biennium may not be less than the number so assigned on July 1, 1997, plus
additional state troopers employed as a result of this appropriation.
The commissioner shall identify and implement measures to
increase the representation of females and minorities in the state patrol so
that the trooper population more accurately reflects the population served by
the state patrol.
When an otherwise qualified candidate does not have the
educational credits to meet the current peace officer standards and training
board licensing standards, the commissioner may provide the financial resources
to obtain the education necessary to meet the licensing requirements. Of this
appropriation, $150,000 the second year from the trunk highway fund is for
assistance to these otherwise qualified individuals to prepare them for the
trooper candidate school beginning in January 1999.
$600,000 the first year and $1,200,000 the second year
from the trunk highway fund are to implement wage increases for state patrol
troopers, trooper 1s, and corporals. The wage adjustments are based on an
internal Hay study conducted by the department of employee relations.
Subd. 4. Driver and Vehicle Services 34,553,000
35,031,000
General 3,724,000 3,807,000
Trunk Highway 18,324,000 18,650,000
Highway User 12,505,000 12,574,000
$867,000 the first year and $777,000 the second year from
the highway user tax distribution fund are for purchasing manufactured license
plates from the department of corrections.
Subd. 5. Traffic Safety 352,000 356,000
General 61,000 61,000
Trunk Highway 291,000 295,000
Subd. 6. Pipeline Safety 912,000 927,000
This appropriation is from the pipeline safety account in
the special revenue fund.
Sec. 5. MINNESOTA SAFETY COUNCIL 67,000 67,000
This appropriation is from the trunk highway fund.
Sec. 6. GENERAL CONTINGENT ACCOUNTS 375,000 375,000
The appropriations in this section may only be spent with
the approval of the governor after consultation with the legislative advisory
commission pursuant to Minnesota Statutes, section 3.30.
If an appropriation in this section for either year is
insufficient, the appropriation for the other year is available for it.
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
Sec. 7. TORT CLAIMS 600,000 600,000
This appropriation is to be spent by the commissioner of
finance.
This appropriation is from the trunk highway fund.
If the appropriation for either year is insufficient, the
appropriation for the other year is available for it.
Sec. 8. [COMMUTER RAIL SERVICE STUDY.]
Subdivision 1. [STUDY.] The commissioner of transportation, through the division of
railroads and waterways, shall conduct a study of the potential of utilizing
freight rail corridors in the Twin Cities metropolitan area for commuter rail
service. The commissioner shall perform the study in coordination with the
metropolitan council and metropolitan regional rail authorities and shall
consider, among other things, the positive and negative effects of commuter rail
service on surrounding neighborhoods.
Subd. 2. [REPORT.] The commissioner shall report the findings and
recommendations of the study to the governor and legislature by January 15,
1998, and February 1, 1999. If in the report required by January 15, 1998, the
commissioner identifies one or more rail corridors that have potential for a
commuter rail demonstration project, the commissioner, alone or in cooperation
with the metropolitan council and one or more metropolitan regional rail
authorities, may propose legislation to the 1998 legislative session that
provides for acquisition or lease of the corridors, improvements necessary for
their use for commuter rail purposes, acquisition of commuter rail rolling
stock, and operation of commuter rail services.
Subd. 3. [REGIONAL RAIL
AUTHORITIES.] Nothing in this section may be construed to
prohibit or restrict a regional rail authority in the performance of any duty or
exercise of any power under Minnesota Statutes, chapter 398A.
Sec. 9. [RAILROAD SERVICE PRESERVATION.]
No state or local agency or
political subdivision may take any action that would have the effect of
precluding the use for commuter rail service of any rail line that is providing
rail service within the seven-county metropolitan area on the effective date of
this section.
Sec. 10. [SCHOOL TRANSPORTATION PLAN.]
Subdivision 1. [DEVELOPMENT OF
PLAN.] The metropolitan council, the school board of
special school district No. 1, Minneapolis, and the school board of independent
school district No. 625, St. Paul, in consultation with an advisory board, shall
develop a school transportation plan, the goal of which is to make available
school transportation through the metropolitan council's public transit system,
at no cost to students, to no fewer than 75 percent of the students transported
by Minneapolis public schools and no fewer than 75 percent of the students
transported by St. Paul public schools, in grades 9 to 12, during the 1998-1999
school year.
Subd. 2. [ADVISORY BOARD.] The metropolitan council and the school boards shall convene
and consult with an advisory board concerning the development of the school
transportation plan. The advisory board shall include, without limitation, the
school transportation directors from the Minneapolis and St. Paul school
districts; secondary students and parents of secondary students who use school
transportation in those school districts; representatives of nonpublic schools
located within the districts; a representative of the department of children,
families, and learning; and administrators of secondary schools within the
districts.
Subd. 3. [SCOPE OF PLAN.] The transportation plan must include, without being limited
to:
(1) a plan for service of the
maximum possible number of students, with a goal of transporting no less than 75
percent of the students in grades 9 to 12 who are transported in each district,
with a minimum number of new transit routes;
(2) a recommendation for school
day start and end times to optimize use of public transit for school
transportation;
(3) an analysis of availability of
public transit for special education students; open enrollment students;
students enrolled in nonpublic schools, charter schools, post-secondary
enrollment options programs, area learning centers, and other nontraditional
programs; and students participating in school activities before or after the
school day;
(4) a description of the quality
of service to be available to students, including maximum length of ride, number
of transfers required, and maximum distance between home or school and bus
stop;
(5) a recommendation concerning
policies applicable to fares for student ridership throughout the school day and
identification by public transit drivers of students entitled to free school
transportation;
(6) a plan to extend the goals and
requirements of the state's school transportation safety program to the
transportation of students on public transit, to the maximum feasible
extent;
(7) a method for communicating
information to students whose school transportation will be provided by public
transit, and their parents and guardians, of the school transportation plan to
be implemented in the 1998-1999 school year and identification of a contact
person to answer resulting questions;
(8) recommendations concerning any
legislation required to implement the school transportation plan;
(9) an analysis of the cost to the
metropolitan council of providing the service outlined in the school
transportation plan;
(10) a description of the services
that the districts will be able to discontinue by virtue of the implementation
of the school transportation plan, and the financial impact to the school
districts of discontinuing these services; and
(11) an analysis of the safety
implications of the plan.
Subd. 4. [REPORT.] The metropolitan council and school boards for the
Minneapolis and St. Paul school districts shall report the school transportation
plan to the senate children, families and learning K-12 committee and
transportation committee, and to the house of representatives education
committee and transportation and transit committee before January 30, 1998. The
cost to the Minneapolis and St. Paul school districts for providing
transportation and transportation-related services to students in grades 9 to 12
under the school transportation plan developed as provided in section 1 must not
exceed the projected cost, as determined by the districts, of providing
equivalent transportation and transportation-related services using
district-provided transportation.
Sec. 11. [SCREENING AND ADVISORY COMMITTEES.]
Notwithstanding any other law, the
following advisory committees do not expire on June 30, 1997:
(1) the county state-aid rules
advisory committee established under Minnesota Statutes, section 162.02,
subdivision 2;
(2) the county state-aid screening
board established under Minnesota Statutes, section 162.07, subdivision 5;
(3) the municipal state-aid rules
advisory committee established under Minnesota Statutes, section 162.09,
subdivision 2; and
(4) the municipal state-aid
screening committee established under Minnesota Statutes, section 162.13,
subdivision 3.
Sec. 12. [STATE ROAD CONSTRUCTION; APPROPRIATIONS FOR
PREVIOUS YEARS.]
Any money appropriated to the
commissioner of transportation for state road construction for any fiscal year
before fiscal year 1999 is available to the commissioner during fiscal years
1998 and 1999 to the extent that the commissioner spends the money on the state
road construction project for which the money was originally encumbered during
the fiscal year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of finance by August 1 of each fiscal year, on
a form the commissioner of finance provides, on expenditures made during the
previous fiscal year that are authorized by this section.
Sec. 13. [DEPARTMENT OF TRANSPORTATION; LAND TRANSFER.]
Notwithstanding any other
provision of law, the commissioner of transportation shall at the earliest
feasible date transfer to the city of Duluth at no cost a tract of land
consisting of 0.59 acres of parcel No. 211 in the city of Duluth.
Sec. 14. [JIM RICE MEMORIAL PARKWAY.]
That portion of West River Parkway
in the city of Minneapolis, from its intersection with Portland Avenue to its
intersection with East Broadway Street, is hereby designated the Jim Rice
Memorial Parkway.
Sec. 15. [DEMONSTRATION PROGRAM.]
Notwithstanding Minnesota
Statutes, section 473.384, subdivision 6, regarding percentages of total
operating costs to be subsidized by the metropolitan council, until June 30,
2001, the metropolitan council may establish the appropriate percentage
operating subsidy to be granted to individual recipients under the subdivision.
The metropolitan council must establish the percentage annually, based on
available transit funds and the council's determination of a reasonable subsidy
per passenger trip in comparison to similar transit or paratransit service in
the metropolitan area. The council may provide a subsidy up to 100 percent of a
recipient's operating costs for all or any portion of the transit or paratransit
service and may require recipients to pay up to 100 percent of their own
operating costs for all or any portion of the service.
Sec. 16. Minnesota Statutes 1996, section 16B.335,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a)
The commissioner, or any other recipient to whom an appropriation is made to
acquire or better public lands or buildings or other public improvements of a
capital nature, must not prepare final plans and specifications for any
construction, major remodeling, or land acquisition in anticipation of which the
appropriation was made until the agency that will use the project has presented
the program plan and cost estimates for all elements necessary to complete the
project to the chair of the senate finance committee and the chair of the house
ways and means committee and the chairs have made their recommendations, and the
chair of the house capital investment committee is notified. "Construction or
major remodeling" means construction of a new building or substantial alteration
of the exterior dimensions or interior configuration of an existing building.
The presentation must note any significant changes in the work that will be
done, or in its cost, since the appropriation for the project was enacted or
from the predesign submittal. The program plans and estimates must be presented
for review at least two weeks before a recommendation is needed. The
recommendations are advisory only. Failure or refusal to make a recommendation
is considered a negative recommendation. The chairs of the senate finance
committee, the house capital investment committee, and the house ways and means
committee must also be notified whenever there is a substantial change in a
construction or major remodeling project, or in its cost.
(b) Capital projects exempt from the requirements of this
section include construction, renovation, or improvements to dams, highway rest
areas, truck stations, storage facilities not consisting primarily of offices or
heated work areas, trails, bike paths, sewer separation projects, water and
wastewater facilities, campgrounds, roads, bridges, port
development projects for which the commissioner of transportation has entered
into an assistance agreement under section 457A.04, or any other capital
project with a construction cost of less than $200,000.
Sec. 17. Minnesota Statutes 1996, section 161.082, is
amended by adding a subdivision to read:
Subd. 3. [TRANSFERS TO
TURNBACK ACCOUNT.] (a) Whenever a county submits plans
for a project to be funded from the county turnback account and the commissioner
determines that the project would be approved for funding except for
insufficient money in the county turnback account, the commissioner may transfer
from the unencumbered balance of the construction account in the county
state-aid highway fund an amount sufficient to pay the costs of the project.
(b) The commissioner may make a
transfer under paragraph (a) only if the commissioner determines that the
transfer would not reduce the unencumbered balance of the construction account
in the county state-aid highway fund to less than $50,000,000.
(c) Not later than ten years after
any transfer under paragraph (a), the commissioner shall transfer from the
county turnback account to the construction account in the county state-aid
highway fund an amount sufficient to repay the amount transferred under
paragraph (a).
Sec. 18. [162.082] [METROPOLITAN TOWN ROAD ACCOUNT.]
Subdivision 1. [DEFINITION.]
For purposes of this section "metropolitan town" means
any town within the seven-county metropolitan area as defined in section
473.121, subdivision 2, that has a population of 9,000 or more according to the
most recent federal decennial census.
Subd. 2. [ACCOUNT CREATED.] A metropolitan town road account is created in the county
state-aid highway fund.
Subd. 3. [APPORTIONMENT.] Funds in the metropolitan town road account must be
apportioned to each county in the seven-county metropolitan area so that each
such county receives the percentage that the total miles of town road in
metropolitan towns in the county bears to the total miles of town roads in
metropolitan towns in the metropolitan area.
Subd. 4. [DISTRIBUTION TO
COUNTIES.] Upon determining the amount of money to be
apportioned to each county under section 162.07, the commissioner shall also
determine the amounts in the metropolitan town road account to be apportioned
under subdivision 3. The apportionment must be included in the statement sent to
the commissioner of finance and the county auditor and county engineer of each
county under section 162.08, subdivision 2. The amounts so apportioned and
allocated to each county from the metropolitan town road account must be paid by
the state to the treasurer of each county at the same time that payments are
made under section 162.08, subdivision 2, provided that the amounts must be paid
in a sufficient time to allow the county to distribute the amounts to each
metropolitan town by March 1, annually.
Subd. 5. [DISTRIBUTION TO
TOWNS.] By March 1 of each year, or within 30 days of
receipt of payment from the commissioner, whichever occurs earlier, the county
treasurer of each county that receives money under subdivision 4 must pay to
each metropolitan town in the county an amount that the commissioner certifies
to the county treasurer that the town would have received from the municipal
state-aid street fund in the apportionment of that fund for that calendar year
if the town were a city eligible for municipal state-aid street fund
apportionments, based on the formula in section 162.13, subdivision 1. For
purposes of calculating a metropolitan town's apportionment from the municipal
state-aid street fund, the town shall designate, subject to standards and
approval requirements under section 162.09, subdivision 2, a metropolitan town
road system of not more than 20 percent of the metropolitan town's total town
road mileage, and this system is the equivalent of a city's municipal state-aid
street system for calculation of money needs. A metropolitan town's expenditure
of money from the account is subject to the municipal state-aid standards
contained in rules adopted under section 162.09, subdivision 2.
Subd. 6. [EXCESS
APPORTIONMENT.] If the amount that a county distributes
under subdivision 5 for any year is less than the amount that the county
receives for that year under subdivision 4, the county may retain the excess
amount. A county that retains an amount under this subdivision may spend the
money so retained only on county state-aid highways located within a
metropolitan town in the county.
Sec. 19. Minnesota Statutes 1996, section 162.09,
subdivision 4, is amended to read:
Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In
determining whether any city has a population of 5,000 or more, the last federal
census shall be conclusive, except as otherwise provided in this subdivision.
(b) A city that has previously been classified as having
a population of 5,000 or more for the purposes of chapter 162 and whose
population decreases by less than 15 percent from the census figure that last
qualified the city for inclusion shall receive the following percentages of its
1981 apportionment for the years indicated: 1982, 66 percent and 1983, 33
percent. Thereafter the city shall not receive any apportionment from the
municipal state-aid street fund unless its population is determined to be 5,000
or over by a federal census. The governing body of the city may contract with
the United States Bureau of the Census to take one special census before January
1, 1986. A certified copy of the results of the census shall be filed with the
appropriate state authorities by the city. The result of the census shall be the
population of the city for the purposes of any law providing that population is
a required qualification for distribution of highway aids under chapter 162. The
special census shall remain in effect until the 1990 federal census is completed
and filed. The expense of taking the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a
city is incorporated as such during the interval between federal censuses, its
population shall be determined by its incorporation census. The incorporation
census shall be determinative of the population of the city only until the next
federal census.
(d) The population of a city created by the consolidation
of two or more previously incorporated cities shall be determined by the most
recent population estimate of the metropolitan council or state demographer,
until the first federal decennial census or special census taken after the
consolidation.
(e) The population of a city that
is not receiving a municipal state-aid street fund apportionment shall be
determined, upon request of the city, by the most recent population estimate of
the metropolitan council or state demographer. A municipal state-aid street fund
apportionment received by the city must be based on this population estimate
until the next federal decennial census or special census.
Sec. 20. Minnesota Statutes 1996, section 162.181,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATION ON AMOUNT.] Except as
otherwise provided herein, any county may, in accordance with chapter 475, issue
and sell its obligations, the total amount thereof not to exceed the total of
the preceding two years state-aid allotments, for the purpose of establishing,
locating, relocating, constructing, reconstructing, and improving county
state-aid highways Sec. 21. Minnesota Statutes 1996, section 162.181,
subdivision 3, is amended to read:
Subd. 3. [PROCEEDS TO BE USED FOR SPECIFIC PURPOSES.] Sec. 22. Minnesota Statutes 1996, section 168.011,
subdivision 9, is amended to read:
Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" means (1) every
motor vehicle designed for carrying more than 15 passengers including the driver
and used for transporting persons, (b) "Intercity bus" means any bus operating as a common
passenger carrier over regular routes and between fixed termini, but excluding
all buses operating wholly within the limits of one city, or wholly within two
or more contiguous cities, or between contiguous cities and a terminus outside
the corporate limits of such cities, and not more than 20 miles distant measured
along the fixed route from such corporate limits.
Sec. 23. [168.1235] [VETERANS SERVICE ORGANIZATIONS;
SPECIAL LICENSE PLATE STICKERS.]
Subdivision 1. [GENERAL
REQUIREMENTS; FEES.] (a) On payment of a fee of $10 for
each set of two license plates, or for a single plate in the case of a
motorcycle plate, payment of the registration tax required by law, and
compliance with other laws relating to the registration and licensing of a
passenger automobile, pickup truck, van, self-propelled recreational equipment,
or motorcycle, as applicable, the registrar shall issue a special license plate
sticker for each plate to an applicant who is a member of a congressionally
chartered veterans service organization and is an owner or joint owner of a
passenger automobile, pickup truck, van, self-propelled recreational equipment,
or motorcycle.
(b) The additional fee of $10 is
payable at the time of initial application for the special license plate
stickers and when the license plates must be replaced or renewed. An applicant
must not be issued more than two sets of special license plate stickers for
vehicles listed in paragraph (a) and owned or jointly owned by the
applicant.
(c) The commissioner of veterans
affairs shall determine what documentation is required by each applicant to show
that the applicant is a member of a congressionally chartered veterans service
organization and is entitled to the special license plate stickers.
Subd. 2. [DESIGN.] (a) The commissioner of veterans affairs, after consultation
with each of the congressionally chartered veterans service organizations, shall
design the special license plate stickers, subject to the approval of the
registrar. The emblem, symbol, or other pictorial representation on the sticker
must be at least as large as the letters and numerals on the plate and the
registrar shall allow for plates with spaces for the stickers in place of a
numeral or letter.
(b) Each congressionally chartered
veterans service organization must arrange for any applicable rules of the
national organization to be changed or copyrights to be released before the
commissioner may issue special license plate stickers to members of any
particular service organization under this section.
Subd. 3. [NUMBER ESTIMATED.]
The commissioner of veterans affairs shall estimate the
number of special plate stickers that will be required and submit the estimate
to the registrar.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12 or other law to the contrary,
on payment of a fee of $5, the special plate stickers issued under subdivision
1, may be transferred to other license plates on a passenger automobile, pickup
truck, van, motorcycle, or self-propelled recreational equipment owned or
jointly owned by the person to whom the stickers were issued.
Subd. 5. [FEES CREDITED.] Fees collected under this section must be paid into the
state treasury and credited to the highway user tax distribution fund.
Sec. 24. Minnesota Statutes 1996, section 168.1291,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under sections 168.12,
subdivisions 2b to 2e; 168.123; 168.1235; 168.129;
168.1292; and 168.1296.
Sec. 25. Minnesota Statutes 1996, section 168A.29,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] (a) The department shall be
paid the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any assignment
thereof and its subsequent release or satisfaction, the sum of $2, except that
no fee is due for a security interest filed by a public authority under section
168A.05, subdivision 8;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $2;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with the security
interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4.
(b) After June 30, 1994, in
addition to each of the fees required under paragraph (a), clauses (1) and (3),
the department shall be paid The additional fee collected under this paragraph must be
deposited in the Sec. 26. Minnesota Statutes 1996, section 169.06,
subdivision 4, is amended to read:
Subd. 4. [OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL
DEVICES.] (a) The driver of any vehicle shall obey the instructions of any
official traffic-control device applicable thereto placed in accordance with the
provisions of this chapter, unless otherwise directed by a traffic or police
officer, subject to the exceptions granted the driver of an authorized emergency
vehicle in this chapter.
(b) No provision of this chapter for which official
traffic-control devices are required shall be enforced against an alleged
violator if at the time and place of the alleged violation an official device is
not in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even
though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed
in position approximately conforming to the requirements of this chapter, such
devices shall be presumed to have been so placed by the official act or
direction of lawful authority, unless the contrary shall be established by
competent evidence.
(d) Any official traffic-control device placed pursuant
to the provisions of this chapter and purporting to conform to the lawful
requirements pertaining to such devices shall be presumed to comply with the
requirements of this chapter, unless the contrary shall be established by
competent evidence.
(e) A flagger in a designated work
zone may stop vehicles and hold vehicles in place until it is safe for the
vehicles to proceed. A person operating a motor vehicle that has been stopped by
a flagger in a designated work zone may proceed after stopping only on
instruction by the flag person.
Sec. 27. Minnesota Statutes 1996, section 169.14,
subdivision 3, is amended to read:
Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any vehicle shall, consistent with the
requirements, drive at an appropriate reduced speed when:
(1) approaching and crossing
an intersection or railway grade crossing (2) approaching and going
around a curve (3) approaching a hill crest (4) traveling upon any narrow
or winding roadway (5) special hazards exist with
respect to pedestrians or other traffic or by reason of weather or highway
conditions.
(b) The driver of any vehicle
shall ensure that the vehicle is kept under control whenever approaching or
passing an authorized emergency vehicle stopped with emergency lights flashing
on the right-of-way of any street or highway. The exercise of control required
for a driver to comply with this paragraph is that control possible and
necessary by the driver to prevent injury to person or property and to avoid
interference with the performance of emergency duties by emergency
personnel.
(c) A person who violates
paragraph (b) shall be assessed an additional surcharge equal to two times the
amount of the fine imposed for the speed violation, but not less than $50.
Sec. 28. Minnesota Statutes 1996, section 169.85, is
amended to read:
169.85 [WEIGHING; PENALTY.]
Subdivision 1. [DRIVERS TO
STOP FOR WEIGHING.] The driver of a vehicle which has been lawfully stopped may
be required by a peace officer to submit the vehicle and load to a weighing by
means of portable or stationary scales, and the peace officer may require that
the vehicle be driven to the nearest available scales if the distance to the
scales is no further than five miles, or if the distance from the point where
the vehicle is stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest available scales.
Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale. When a truck weight enforcement
operation is conducted by means of portable or stationary scales and signs
giving notice of the operation are posted within the highway right-of-way and
adjacent to the roadway within two miles of the operation, the driver of a truck
or combination of vehicles registered for or weighing in excess of 12,000 pounds
shall proceed to the scale site and submit the vehicle to weighing and
inspection.
Subd. 2. [UNLOADING.] Upon
weighing a vehicle and load, as provided in this section, an officer may require
the driver to stop the vehicle in a suitable place and remain standing until a
portion of the load is removed that is sufficient to reduce the gross weight of
the vehicle to the limit permitted under section 169.825. A suitable place is a
location where loading or tampering with the load is not prohibited by federal,
state, or local law, rule or ordinance. A driver may be required to unload a
vehicle only if the weighing officer determines that (a) on routes subject to
the provisions of section 169.825, the weight on an axle exceeds the lawful
gross weight prescribed by section 169.825, by 2,000 pounds or more, or the
weight on a group of two or more consecutive axles in cases where the distance
between the centers of the first and last axles of the group under consideration
is ten feet or less exceeds the lawful gross weight prescribed by section
169.825, by 4,000 pounds or more; or (b) on routes designated by the
commissioner in section 169.832, subdivision 11, the overall weight of the
vehicle or the weight on an axle or group of consecutive axles exceeds the
maximum lawful gross weights prescribed by section 169.825; or (c) the weight is
unlawful on an axle or group of consecutive axles on a road restricted in
accordance with section 169.87. Material unloaded must be cared for by the owner
or driver of the vehicle at the risk of the owner or driver.
Subd. 3. [VIOLATION.] A driver
of a vehicle who (1) fails or refuses to stop and
submit the vehicle and load to a weighing as required in this section, Subd. 4. [ARREST.] A peace officer may arrest the driver of a motor vehicle if
the peace officer has probable cause to believe that the driver has operated the
vehicle in violation of subdivision 3 within the past four hours.
Subd. 5. [IDENTIFICATION OF
DRIVER.] A person who owns or leases a motor vehicle that
a peace officer has probable cause to believe has been operated in violation of
subdivision 3 must identify the driver of the motor vehicle upon request of the
peace officer. Violation of this subdivision is a petty misdemeanor.
Sec. 29. Minnesota Statutes 1996, section 169.974,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate
a motorcycle on any street or highway without having a valid standard driver's
license with a two-wheeled vehicle endorsement as provided by law. No such
two-wheeled vehicle endorsement shall be issued unless the person applying
therefor has in possession a valid two-wheeled vehicle instruction permit as
provided herein, has passed a written examination and road test administered by
the department of public safety for such endorsement, and, in the case of
applicants under 18 years of age, shall present a certificate or other evidence
of having successfully completed an approved two-wheeled vehicle driver's safety
course in this or another state, in accordance with rules promulgated by the
state board of education for courses offered through the public schools, or
rules promulgated by the commissioner of public safety for courses offered by a
private or commercial school or institute. The commissioner of public safety may
waive the road test for any applicant on determining that the applicant
possesses a valid license to operate a two-wheeled vehicle issued by a
jurisdiction that requires a comparable road test for license issuance. A
two-wheeled vehicle instruction permit shall be issued to any person over 16
years of age, who is in possession of a valid driver's license, who is enrolled
in an approved two-wheeled vehicle driver's safety course, and who has passed a
written examination for such permit and has paid such fee as the commissioner of
public safety shall prescribe. A two-wheeled vehicle instruction permit shall be
effective for No person who is operating by virtue of a two-wheeled
vehicle instruction permit shall:
(a) carry any passengers on the streets and highways of
this state on the motorcycle which the person is operating;
(b) drive the motorcycle at night time;
(c) drive the motorcycle on any highway marked by the
commissioner as an interstate highway pursuant to title 23 of the United States
Code; or
(d) drive the motorcycle without wearing protective
headgear that complies with standards established by the commissioner of public
safety.
Notwithstanding the provisions of this subdivision, the
commissioner of public safety may, however, issue a special motorcycle permit,
restricted or qualified in such manner as the commissioner of public safety
shall deem proper, to any person demonstrating a need therefor and unable to
qualify for a standard driver's license.
Sec. 30. Minnesota Statutes 1996, section 169.983, is
amended to read:
169.983 [SPEEDING VIOLATIONS; CREDIT CARD PAYMENT OF
FINES.]
The officer who issues a citation for a violation The commissioner of public safety shall adopt rules to
implement this section, including specifying the types of credit cards that may
be used.
Sec. 31. Minnesota Statutes 1996, section 171.06,
subdivision 2a, is amended to read:
Subd. 2a. [MOTORCYCLE ENDORSEMENT
RENEWAL FEE (1) (2) The remainder of the (b) All application forms
prepared by the commissioner for two-wheeled vehicle endorsements shall clearly
contain the information that of the total Sec. 32. Minnesota Statutes 1996, section 171.13,
subdivision 5, is amended to read:
Subd. 5. [EXAMINATION FEE FOR VEHICLE ENDORSEMENT.] Any
person applying to secure a Sec. 33. Minnesota Statutes 1996, section 171.13, is
amended by adding a subdivision to read:
Subd. 6. [INITIAL MOTORCYCLE
ENDORSEMENT FEES.] A person applying for a motorcycle
endorsement on a driver's license shall pay at the place of application a total
fee of $29, which includes the examination fee, endorsement fee, and fee for a
duplicate driver's license. Of this amount, $11 must be credited as provided in
section 171.06, subdivision 2a, paragraph (a), clause (1), and the remainder
must be credited to the general fund.
Sec. 34. Minnesota Statutes 1996, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except under section
169.121 or 169.123, shall pay a $30 fee before the driver's license is
reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee
plus a $10 surcharge before the driver's license is reinstated. The $250 fee is
to be credited as follows:
(1) Twenty percent shall be credited to the trunk highway
fund.
(2) Fifty-five percent shall be credited to the general
fund.
(3) Eight percent shall be credited to a separate account
to be known as the bureau of criminal apprehension account. Money in this
account may be appropriated to the commissioner of public safety and the
appropriated amount shall be apportioned 80 percent for laboratory costs and 20
percent for carrying out the provisions of section 299C.065.
(4) Twelve percent shall be credited to a separate
account to be known as the alcohol-impaired driver education account. Money in
the account (i) The first $200,000 in a fiscal
year is to the commissioner of children, families, and learning for programs
in elementary and secondary schools.
(ii) The remainder credited in a
fiscal year is appropriated to the commissioner of transportation to be spent as
grants to the Minnesota highway safety center at St. Cloud State University for
programs relating to alcohol and highway safety education in elementary and
secondary schools.
(5) Five percent shall be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account.
$100,000 is annually appropriated from the account to the commissioner of human
services for traumatic brain injury case management services. The remaining
money in the account is annually appropriated to the commissioner of health to
establish and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the commissioner of
economic security for the reasonable cost of services provided under section
268A.03, clause (o).
(c) The $10 surcharge shall be credited to a separate
account to be known as the remote electronic alcohol monitoring pilot program
account. Up to $250,000 is annually appropriated from this account to the
commissioner of corrections for a remote electronic alcohol monitoring pilot
program. The unencumbered balance remaining in the first year of the biennium
does not cancel but is available for the second year.
Sec. 35. Minnesota Statutes 1996, section 173.13,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The annual fee for each such permit or
renewal thereof shall be as follows:
(1) If the advertising area of the advertising device
does not exceed 50 square feet, the fee shall be (2) If the advertising area exceeds 50 square feet but
does not exceed 300 square feet, the fee shall be (3) If the advertising area exceeds 300 square feet, the
fee shall be (4) No fee shall be charged for a permit for official
signs and notices as they are defined in section 173.02, except that a fee may
be charged for a star city sign erected under section 173.085.
Sec. 36. Minnesota Statutes 1996, section 174.03, is
amended by adding a subdivision to read:
Subd. 6a. [ECONOMIC ANALYSIS
OF NONHIGHWAY ALTERNATIVES.] If the commissioner
considers congestion pricing, tolls, mileage pricing, or public-private
partnerships in order to meet the transportation needs of commuters in the
department's metropolitan district between 2001 and 2020, the commissioner
shall, in cooperation with the metropolitan council and the regional railroad
authorities in the district, compare the economics of these financing methods
with the economics of nonhighway alternatives for moving commuters. The
commissioner shall analyze the economics as they relate to both individuals and
to the transportation system.
Sec. 37. Minnesota Statutes 1996, section 299A.38,
subdivision 2, is amended to read:
Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
and heads of local law enforcement agencies who buy vests for the use of peace
officer employees may apply to the commissioner for reimbursement of funds spent
to buy vests. On approving an application for reimbursement, the commissioner
shall pay the applicant an amount equal to the lesser of one-half of the vest's
purchase price or $300, as adjusted according to
subdivision 2a. The political subdivision that employs the peace officer
shall pay at least the lesser of one-half of the vest's purchase price or $300, as adjusted according to subdivision 2a. The political
subdivision may not deduct or pay its share of the vest's cost from any
clothing, maintenance, or similar allowance otherwise provided to the peace
officer by the law enforcement agency.
Sec. 38. Minnesota Statutes 1996, section 299A.38, is
amended by adding a subdivision to read:
Subd. 2a. [ADJUSTMENT OF
REIMBURSEMENT AMOUNT.] On October 1, 1997, the
commissioner of public safety shall adjust the $300 reimbursement amounts
specified in subdivision 2, and in each subsequent year, on October 1, the
commissioner shall adjust the reimbursement amount applicable immediately
preceding that October 1 date. The adjusted rate must reflect the annual
percentage change in the Consumer Price Index for all urban consumers, published
by the federal Bureau of Labor Statistics, occurring in the one-year period
ending on the preceding June 1.
Sec. 39. [299A.70] [PUBLIC SAFETY MOTOR VEHICLE ACCOUNT.]
The public safety motor vehicle
account is created in the special revenue fund, consisting of the fees collected
under section 168A.29, subdivision 1, paragraph (b). Money in the account is
annually appropriated to the commissioner for purchasing and equipping
department vehicles.
Sec. 40. Minnesota Statutes 1996, section 299C.10,
subdivision 4, is amended to read:
Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
APPROPRIATION.] The superintendent shall collect a fee in an amount to cover the
expense for each background check provided for a purpose not directly related to
the criminal justice system or required by section 624.7131, 624.7132, or
624.714. The proceeds of the fee must be deposited in a special account. Sec. 41. Minnesota Statutes 1996, section 299C.46, is
amended by adding a subdivision to read:
Subd. 2a. [NONCRIMINAL JUSTICE
AGENCY DEFINED.] For the purposes of sections 299C.46 to
299C.49, "noncriminal justice agency" means an agency of a state or an agency of
a political subdivision of a state charged with the responsibility of performing
checks of state databases connected to the criminal justice data communication
network.
Sec. 42. Minnesota Statutes 1996, section 299C.46,
subdivision 3, is amended to read:
Subd. 3. [AUTHORIZED USE, FEE.] (a) The criminal justice data communications network shall be
used exclusively by:
(1) criminal justice agencies in connection with the
performance of duties required by law;
(2) agencies investigating federal security clearances of
individuals for assignment or retention in federal employment with duties
related to national security, as required by Public Law Number 99-1691; (3) other agencies to the extent necessary to provide for
protection of the public or property in an emergency or disaster situation (4) noncriminal justice agencies
statutorily mandated, by state or national law, to conduct checks into state
databases prior to disbursing licenses or providing benefits.
(b) The commissioner of public safety shall establish a
monthly network access charge to be paid by each participating criminal justice
agency. The network access charge shall be a standard fee established for each
terminal, computer, or other equipment directly addressable by the (c) The commissioner of public safety is authorized to
arrange for the connection of the data communications network with the criminal
justice information system of the federal government, any adjacent state, or
Canada.
Sec. 43. [299D.11] [STATE PATROL; VEHICLE LIGHTING.]
Any motor vehicle of the state
patrol that is purchased after July 1, 1997, and used primarily in the
enforcement of highway traffic regulations must have all flashing lights
authorized under section 169.64, other than turn signals and flashing hazard
lights, mounted on the top of the vehicle. This section does not apply to
specially marked patrol vehicles described in section 169.98, subdivision 2.
Sec. 44. [360.0151] [AIR SERVICE MARKETING PROGRAM.]
Subdivision 1. [PROGRAM
ESTABLISHED.] The commissioner of transportation shall
establish an air service marketing program to encourage the preservation and
expansion of scheduled passenger air carrier service to greater Minnesota. The
commissioner may spend funds appropriated from the state airports fund for (1)
air service marketing grants and (2) conducting statewide studies to determine
the feasibility of air service initiatives. The commissioner may develop a
single, recognizable statewide marketing program to increase visibility of and
ridership at airports with scheduled air carrier service.
Subd. 2. [GRANTS AUTHORIZED.]
(a) The commissioner may make air service marketing
grants to political subdivisions that own and operate airports designated by
order of the commissioner as key airports. The commissioner shall make a project
agreement with each political subdivision receiving a grant under this section
that provides for:
(1) a detailed description of the
project for which the grant is provided;
(2) a schedule of the project;
and
(3) the division of costs of the
project between the state and the recipient.
(b) Payments by the commissioner
under a project agreement may only be made to reimburse local costs already
incurred.
Subd. 3. [USES OF GRANT.] (a) Costs for the following activities related to commercial
passenger air service at the recipient's airport are eligible for reimbursement
under this section:
(1) advertising of service;
(2) public relations activities
intended to educate the public on the value of the airport and its commercial
passenger air service;
(3) marketing studies; or
(4) service improvement activities
such as route analysis, service studies, and other activities intended to
preserve or increase service from an existing or new-entry air carrier.
(b) A grant under this section may
not be used for:
(1) an activity that promotes an
airport within the service area of another airport;
(2) a promotional activity that
features one specific air carrier at an airport when more than one air carrier
serves the airport;
(3) administrative costs
associated with the marketing program or with the routine operation of the
airport; or
(4) payments to air carriers as
fare subsidies, service subsidies, or seat guarantees.
Sec. 45. Minnesota Statutes 1996, section 457A.04,
subdivision 2, is amended to read:
Subd. 2. [COSTS.] An assistance agreement must specify
those project costs which may be paid in whole or in part with assistance from
the commissioner. Assistance agreements may provide that only the following
costs may be so paid:
(1) final engineering costs on a commercial navigation
facility project;
(2) capital improvements to a commercial navigation
facility; and
(3) costs of dredging necessary to open a new commercial
navigation facility project, to provide access to
on-shore facilities from existing channels, to provide for fleeting
operations, and for disposal of dredged material.
The following costs may not be paid with assistance from
the commissioner:
(1) the applicant's administrative, insurance, and legal
costs;
(2) costs of acquiring project permits;
(3) costs of preparing environmental documents,
feasibility studies, or project designs;
(4) interest on money borrowed by the applicant or
charged to the applicant for late payment of project costs;
(5) any costs related to the routine maintenance, repair,
or operation of a commercial navigation facility; and
(6) costs of dredging to maintain an existing channel Sec. 46. Minnesota Statutes 1996, section 473.408,
subdivision 7, is amended to read:
Subd. 7. [EMPLOYEE Sec. 47. Minnesota Statutes 1996, section 473.446,
subdivision 1a, is amended to read:
Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the
purposes of sections 473.405 to 473.449, and the metropolitan transit system,
the metropolitan council shall levy upon all taxable property within the
metropolitan transit area but outside of the metropolitan transit taxing
district, defined in subdivision 2, a transit tax, which shall be equal to ten
percent of the sum of the levies provided in subdivision 1, clauses (a) to (c).
The proceeds of this tax shall be used only for paratransit services or ride
sharing programs designed to serve persons located within the transit area but
outside of the transit taxing district.
Sec. 48. [EFFECTIVE DATE.]
(a) Any provision making an
appropriation for fiscal year 1997 is effective the day following final
enactment.
(b) Sections 9, 11, 40, and 44 are
effective the day following final enactment. Sections 10, 16, 20, 21, 34, and 45
are effective July 1, 1997. Section 27 is effective August 1, 1997, and applies
to violations occurring on and after that date. Section 18 is effective July 1,
1998."
Delete the title and insert:
"A bill for an act relating to the organization and
operation of state government; appropriating money for the department of
transportation and other agencies with certain conditions; regulating certain
activities and practices; providing for fees; establishing revolving account;
requiring a study; amending Minnesota Statutes 1996, sections 16B.335,
subdivision 1; 161.082, by adding a subdivision; 162.09, subdivision 4; 162.181,
subdivisions 1 and 3; 168.011, subdivision 9; 168.1291, subdivision 1; 168A.29,
subdivision 1; 169.06, subdivision 4; 169.14, subdivision 3; 169.85; 169.974,
subdivision 2; 169.983; 171.06, subdivision 2a; 171.13, subdivision 5, and by
adding a subdivision; 171.29, subdivision 2; 173.13, subdivision 4; 174.03, by
adding a subdivision; 299A.38, subdivision 2, and by adding a subdivision;
299C.10, subdivision 4; 299C.46, subdivision 3, and by adding a subdivision;
457A.04, subdivision 2; 473.408, subdivision 7; and 473.446, subdivision 1a;
proposing coding for new law in Minnesota Statutes, chapters 162; 168; 299A;
299D; and 360."
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.
H. F. No. 947 was read for the second time.
S. F. No. 413 was read for the second time.
The following House Files were introduced:
Evans introduced:
H. F. No. 2153, A bill for an act relating to airports;
banning jets at Anoka county airport; providing a criminal penalty; proposing
coding for new law in Minnesota Statutes, chapter 473.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Pugh, Seifert, Rifenberg, Pawlenty and Vickerman
introduced:
H. F. No. 2154, A bill for an act relating to education;
offering an alternative of a locally controlled graduation rule; providing
locally controlled graduation rule aid and district assistance and academic
enhancement aid; appropriating money; amending Minnesota Statutes 1996, section
120.101, subdivision 8, and by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 124.
The bill was read for the first time and referred to the
Committee on Education.
Abrams and Long introduced:
H. F. No. 2155, A bill for an act relating to taxation;
providing for a study of business taxation; appropriating money.
The bill was read for the first time and referred to the
Committee on Taxes.
Commers, Larsen, Broecker, Mulder and Kuisle introduced:
H. F. No. 2156, A bill for an act relating to education;
offering an alternative of a locally controlled graduation rule; providing
locally controlled graduation rule aid and district assistance and academic
enhancement aid; appropriating money; amending Minnesota Statutes 1996, section
120.101, subdivision 8, and by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 124.
The bill was read for the first time and referred to the
Committee on Education.
Jennings, Solberg, Sviggum and Carruthers introduced:
H. F. No. 2157, A bill for an act relating to public
administration; regulating public employee and official compensation; amending
Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivisions
7b, 8, and 9; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3;
43A.18, subdivisions 4 and 5; 85A.02, subdivision 5a; 298.22, subdivision 1; and
349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 15A; repealing Minnesota Statutes 1996, section 15A.081, subdivisions 1
and 7.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Jaros, for the Committee on Economic Development and
International Trade, Trimble and Clark introduced:
H. F. No. 2158, A bill for an act relating to the
organization and operation of state government; appropriating money for economic
development and certain agencies of state government; establishing and modifying
certain programs; providing for regulation of certain activities and practices;
standardizing certain licensing service fees; establishing and modifying certain
fees; modifying housing programs; establishing a task force; providing for a
manufactured home park to be a conditional use; requiring reports; amending
Minnesota Statutes 1996, sections 38.02, subdivisions 1, 2, and 3; 44A.01,
subdivision 2; 60A.075, by adding a subdivision; 60A.23, subdivision 8; 60A.71,
by adding a subdivision; 60K.06, subdivision 2; 65B.48, subdivision 3; 72B.04,
subdivision 10; 79.253, subdivision 1; 79.255, by adding a subdivision; 79.361,
subdivision 1; 79.371, by adding a subdivision; 82.21, subdivision 1; 82B.09,
subdivision 1; 115A.908, subdivision 2; 115B.03, subdivision 5; 115C.021, by
adding a subdivision; 115C.03, subdivision 9; 115C.08, subdivision 4; 115C.09,
subdivision 3, and by adding a subdivision; 115C.13; 116J.551; 116J.552,
subdivision 4; 116J.553, subdivision 2; 116J.554, subdivision 1; 116L.04,
subdivision 1; 116O.05, by adding a subdivision; 116O.122, subdivision 1;
138.91, by adding a subdivision; 155A.045, subdivision 1; 176.181, subdivision
2a; 268.022, subdivision 2; 268.362, subdivision 2; 268.38, subdivision 7;
268.63; 268.672, subdivision 6, and by adding subdivisions; 268.673,
subdivisions 3, 4a, and 5; 268.6751, subdivision 1; 268.677, subdivision 1;
268.681; 270.97; 298.22, by adding a subdivision; 326.86, subdivision 1; 394.25,
by adding a subdivision; 446A.04, subdivision 5; 446A.081, subdivisions 1, 4,
and 9; 462.357, by adding a subdivision;
462A.05, subdivisions 14d, 30, 39, and by adding a
subdivision; 462A.13; 462A.201, subdivision 2; 462A.205; 462A.206, subdivisions
2 and 4; 462A.207, subdivisions 1, 2, 3, 4, and 6; 462A.21, subdivision 12a;
469.303; and 469.305, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapters 45; 79; 116J; 268; 366; 462A; and 469; repealing Minnesota
Statutes 1996, sections 115A.908, subdivision 3; 268.39; 268.672, subdivision 4;
268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3; 268.678;
268.679, subdivision 3; 462A.05, subdivision 20; 462A.206, subdivision 5; and
462A.21, subdivisions 4k, 12, and 14.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Skoglund introduced:
H. F. No. 2159, A bill for an act relating to crime;
providing increased sentence for second violent crime offense; providing
increased sentence for third felony offense; recodifying laws providing other
increased and mandatory sentences; providing criminal penalties; authorizing
consecutive sentences for felony offenses under certain circumstances; providing
for the tolling of a stay of sentence while a defendant serves an executed,
consecutive sentence; directing the sentencing guidelines commission to modify
its policy on permissive consecutive sentencing; making technical changes;
amending Minnesota Statutes 1996, sections 609.135, subdivision 7, and by adding
a subdivision; 609.152; 609.347, subdivisions 1, 2, 3, 5, and 6; 609.348; and
631.045; proposing coding for new law in Minnesota Statutes, chapter 609;
repealing Minnesota Statutes, sections 609.1352; and 609.346.
The bill was read for the first time and referred to the
Committee on Judiciary.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 108, A bill for an act relating to employment;
providing for the protection of health insurance benefits for certain Range
technical college employees.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 255, A bill for an act relating to state
agencies; changing the membership of the environmental quality board; amending
Minnesota Statutes 1996, section 116C.03, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 645, A bill for an act relating to insurance;
providing a uniform minimum definition of medically necessary care for mental
health coverage in health plans; proposing coding for new law in Minnesota
Statutes, chapter 62Q.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 683, 432, 597, 421, 951, 1722 and 960.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 1669, 244, 1037, 566, 813, 747, 1114 and 1720.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 683, A bill for an act relating to public
employment; requiring notice before dissolution of certain self insured employee
benefit plans; amending Minnesota Statutes 1996, section 471.617, subdivision 4.
The bill was read for the first time.
Rukavina moved that S. F. No. 683 and H. F. No. 630, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 432, A bill for an act relating to children;
modifying execution and consent requirements for designated caregiver
agreements; amending Minnesota Statutes 1996, sections 171.07, subdivision 11;
257A.01, subdivision 2, and by adding a subdivision; and 257A.03, subdivision 2.
The bill was read for the first time.
Luther moved that S. F. No. 432 and H. F. No. 626, now on
General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 597, A bill for an act relating to human
services; establishing an alternative grant application process for categorical
social service programs in Pine county.
The bill was read for the first time and referred to the
Committee on Education.
S. F. No. 421, A bill for an act relating to early
childhood learning and protection facilities; clarifying grant limitations;
amending Minnesota Statutes 1996, section 268.917.
The bill was read for the first time and referred to the
Committee on Capital Investment.
S. F. No. 951, A bill for an act relating to county
officers; authorizing the county board to assign certain duties of the county
auditor and treasurer; proposing coding for new law in Minnesota Statutes,
chapter 375A.
The bill was read for the first time.
Tunheim moved that S. F. No. 951 and H. F. No. 1144, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1722, A bill for an act relating to professions
and occupations; defining pharmacy technician; amending Minnesota Statutes 1996,
sections 151.01, by adding a subdivision; and 151.06, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 151.
The bill was read for the first time.
Delmont moved that S. F. No. 1722 and H. F. No. 2042, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 960, A bill for an act relating to health care;
prohibiting contracts that restrict communication between providers and their
patients; requiring certain disclosures; requiring health plan companies to
provide continuity of care and access to specialty care for certain enrollees;
prohibiting certain exclusive arrangements; modifying dispute resolution
provisions; requiring identification of health care providers; requiring
emergency services coverage; establishing a consumer advisory board; amending
Minnesota Statutes 1996, sections 62Q.105, subdivision 1; 62Q.30; 181.932,
subdivision 1; and 214.16, subdivisions 1 and 3; proposing coding for new law in
Minnesota Statutes, chapters 62J; 62Q; and 144.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
S. F. No. 1669, A bill for an act relating to Benton
county; permitting the combining of the offices of auditor and treasurer and
appointment to the combined office and to the offices of recorder and coroner;
providing for completion of current terms and for a reverse referendum;
providing for the reorganization of certain duties and terms of office.
The bill was read for the first time.
Schumacker moved that S. F. No. 1669 and H. F. No. 1840,
now on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 244, A bill for an act relating to health;
allowing physicians to prescribe and administer controlled substances in cases
of intractable pain; proposing coding for new law in Minnesota Statutes, chapter
152.
The bill was read for the first time.
Leppik moved that S. F. No. 244 and H. F. No. 136, now on
General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1037, A bill for an act relating to Scott
county; permitting the appointment of the auditor, recorder, and treasurer;
providing for a reverse referendum.
The bill was read for the first time.
Wolf moved that S. F. No. 1037 and H. F. No. 1148, now on
General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 566, A bill for an act relating to lawful
gambling; authorizing certain groupings of paddleticket cards; increasing
percentage of lawful gambling gross profits that may be spent for expenses;
restricting authority of gambling control board to impose sanctions against
lawful gambling premises permits for illegal gambling; increasing maximum bingo
prices; amending Minnesota Statutes 1996, sections 297E.04, subdivision 3;
349.12, subdivision 26a; 349.15, subdivision 1; 349.155, by adding a
subdivision; 349.16, by adding a subdivision; 349.163, subdivision 8; 349.211,
subdivisions 1 and 2; and 609.761, by adding a subdivision.
The bill was read for the first time.
Delmont moved that S. F. No. 566 and H. F. No. 700, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 813, A bill for an act relating to children;
providing for transfer of custody of a child to a relative by a consent decree;
authorizing communication or contact agreements between adoptive parents and
birth relatives; providing for a relative conference and relative care agreement
following a report of child abuse or neglect; amending Minnesota Statutes 1996,
sections 257.02; 259.59 by adding a subdivision; 260.191, subdivision 3b;
260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota
Statutes, chapters 257; 259; and 626.
The bill was read for the first time.
Wagenius moved that S. F. No. 813 and H. F. No. 1373, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 747, 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; 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 Health and Human Services.
S. F. No. 1114, A bill for an act relating to claims
against governmental units; increasing tort liability limits; amending Minnesota
Statutes 1996, sections 3.736, subdivision 4; and 466.04, subdivisions 1 and 3.
The bill was read for the first time.
Pugh moved that S. F. No. 1114 and H. F. No. 1489, now on
General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
S. F. No. 1720, A bill for an act relating to local
government; permitting the cities of Bloomington, Chanhassen, Eden Prairie,
Edina, Minnetonka, and Richfield to issue general obligation bonds for a joint
training facility.
The bill was read for the first time and referred to the
Committee on Taxes.
Pursuant to rule 1.10, Solberg requested immediate
consideration of H. F. No. 2147.
H. F. No. 2147 was reported to the House.
Rhodes, Carlson and Folliard moved to amend H. F. No.
2147, the first engrossment, as follows:
Page 2, after line 2, insert:
"Section 1. Minnesota Statutes 1996, section 12.21,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
this chapter and to effect its policy and purpose, the governor may:
(1) make, amend, and rescind the necessary orders and
rules to carry out the provisions of this chapter and section 216C.15 within the
limits of the authority conferred by this section, with due consideration of the
plans of the federal government and without complying with sections 14.001 to
14.69, but no order or rule has the effect of law except as provided by section
12.32;
(2) ensure that a comprehensive emergency operations plan
and emergency management program for this state are developed and maintained,
and are integrated into and coordinated with the emergency plans of the federal
government and of other states to the fullest possible extent;
(3) in accordance with the emergency operations plan and
the emergency management program of this state, procure supplies and equipment,
institute training programs and public information programs, and take all other
preparatory steps, including the partial or full activation of emergency
management organizations in advance of actual disaster to ensure the furnishing
of adequately trained and equipped forces of emergency management personnel in
time of need;
(4) make studies and surveys of the industries,
resources, and facilities in this state as may be necessary to ascertain the
capabilities of the state for emergency management and to plan for the most
efficient emergency use of those industries, resources, and facilities;
(5) on behalf of this state, enter into mutual aid
arrangements or cooperative agreements with other states and with Canadian
provinces, and coordinate mutual aid plans between political subdivisions of
this state;
(6) delegate administrative authority vested in the
governor under this chapter, except the power to make rules, and provide for the
subdelegation of that authority;
(7) cooperate with the president and the heads of the
armed forces, the emergency management agency of the United States and other
appropriate federal officers and agencies, and with the officers and agencies of
other states in matters pertaining to the emergency management of the state and
nation, including the direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual
emergencies and the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state and the movement
and cessation of movement of pedestrians and vehicular traffic during, prior,
and subsequent to drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of
persons;
(8) contribute to a political subdivision, within the
limits of the appropriation for that purpose, not more than 25 percent of the
cost of acquiring organizational equipment that meets standards established by
the governor;
(9) formulate and execute, with the approval of the
executive council, plans and rules for the control of traffic in order to
provide for the rapid and safe movement over public highways and streets of
troops, vehicles of a military nature, materials for national defense and war or
for use in any war industry, for the conservation of critical materials or for
emergency management purposes, and coordinate the activities of the departments
or agencies of the state and its political subdivisions concerned directly or
indirectly with public highways and streets, in a manner that will best
effectuate those plans;
(10) alter or adjust by executive order, without
complying with sections 14.01 to 14.69, the working hours, work days and work
week of, and annual and sick leave provisions and payroll laws regarding all
state employees in the executive branch as the governor deems necessary to
minimize the impact of the disaster or emergency, conforming the alterations or
adjustments to existing state laws, rules, and collective bargaining agreements
to the extent practicable;
(11) authorize the commissioner of children, families,
and learning to alter school schedules, curtail school activities, or order
schools closed without affecting state aid to schools, as
defined in section 120.05, and including charter schools under section
120.064.
Sec. 2. Minnesota Statutes 1996, section 120.05,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (1) Elementary school means any
school with building, equipment, courses of study, class schedules, enrollment
of pupils ordinarily in The state board of education shall not close a school or
deny any state aids to a district for its elementary schools because of
enrollment limitations classified in accordance with the provisions of
subdivision 2, clause (1).
(2) Middle school means any school other than a secondary
school giving an approved course of study in a minimum of three consecutive
grades above 4th but below 10th with building, equipment, courses of study,
class schedules, enrollment, and staff meeting the standards established by the
state board of education.
(3) Secondary school means any school with building,
equipment, courses of study, class schedules, enrollment of pupils ordinarily in
grades 7 through 12 or any portion thereof, and staff meeting the standards
established by the state board of education.
(4) A vocational center school is one serving a group of
secondary schools with approved areas of secondary vocational training and
offering vocational secondary and adult programs necessary to meet local needs
and meeting standards established by the state board of education."
Page 11, after line 6, insert:
"Sections 1 and 2 apply to the
1997-1998 school year and thereafter."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Reuter, Tomassoni, Solberg, Bettermann, Seifert and
Koppendrayer moved to amend H. F. No. 2147, the first engrossment, as amended,
as follows:
Page 8, after line 9, insert:
"Sec. 14. [YEAR 2000 READY.]
The commissioner of children,
families and learning shall ensure that any computer software or hardware that
is purchased with money appropriated in this bill must be year 2000 ready."
The motion prevailed and the amendment was adopted.
Sviggum moved to amend H. F. No. 2147, the first
engrossment, as amended, as follows:
Page 89, after line 26, insert:
"Sec. 73. [GENERAL FUND REDUCTION.]
Reduce by one percent the general
fund appropriations for each program in H. F. 2147 for fiscal years 1998 and
1999.
Restore the amount of the
reduction to the general fund for return to the taxpayers of Minnesota."
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the
roll was called. There were 44 yeas and 89 nays as follows:
Those who voted in the affirmative were:
therein and
constructing buildings and other facilities for maintaining county state-aid
highways. In the resolution providing for the issuance of the obligations,
the county board of the county shall irrevocably pledge and appropriate to the
sinking fund from which the obligations are payable, an amount of the moneys money allotted or to
be allotted to the county from its account in the county state-aid highway fund
sufficient to pay the principal of and the interest on the obligations as they
respectively come due. The obligations shall be issued in the amounts and on
terms such that the amount of principal and interest due in any calendar year on
the obligations, including any similar obligations of the county which are
outstanding, shall not exceed 50 percent of the amount of the last annual
allotment preceding the bond issue received by the county from the construction
account in the county state-aid highway fund. All interest on the obligations
shall be paid out of the county's normal maintenance account in the county
state-aid highway fund. The obligations may be made general obligations, but if
moneys money of the county
other than moneys money
received from the county state-aid highway fund, are used for payment of the
obligations, the moneys money so used shall be restored to the appropriate fund
from the moneys money next
received by the county from the construction or maintenance account in the
county state-aid highway fund which are not required to be paid into a sinking
fund for obligations.
Moneys Money received from
the sale of the obligations and spent for the
establishment, location, relocation, construction, reconstruction, and
improvement of county state-aid highways within the county shall be spent
only in accordance with other provisions of law and the rules of the
transportation commissioner relating to the
establishment, location, relocation, construction, reconstruction, and
improvement of county state-aid highways within the county issuing the
obligations those purposes.
and (2) every
motor vehicle that is (i) designed for carrying more than ten passengers
including the driver, (ii) used for transporting persons, and (iii) owned by a
nonprofit organization and not operated for hire or for commercial purposes, or (3) every motor vehicle certified by the department of
transportation as a special transportation service provider vehicle and
receiving reimbursement as provided in section 256B.0625, subdivision 17.
:
(1) from July 1, 1994, to June 30,
1997, $3.50; but then
(2) after June 30, 1997, $1.
transportation services special revenue fund and credited to the state patrol public safety
motor vehicle account established in section 299D.10
299A.70.
, when;
, when;
, when;
, and when;
or
or who (2) fails or refuses,
when directed by an officer upon a weighing of the vehicle, to stop the vehicle
and otherwise comply with the provisions of this section, or (3) fails to comply with an official traffic control
device as authorized by section 169.06 that directs the driver to the nearest
scale is guilty of a misdemeanor.
45 days one
year, and may be renewed under rules to be prescribed by the commissioner of
public safety.
by a person who does not reside in Minnesota of section 169.14 any provision of
this chapter designated as a petty misdemeanor under section 169.89, subdivision
1, shall give the defendant the option to plead guilty to the violation upon
issuance of the citation and to pay the fine to the issuing officer with a
credit card.
INCREASED.] (a) The fee for any duplicate drivers driver's license
which is obtained for the purpose of adding a two-wheeled vehicle endorsement is
increased by $16 included in
the examination fee for each first such duplicate license and $13 for each
renewal thereof. The additional fee fees shall be paid into the state treasury and credited
as follows:
$8.50 $11 of the additional fee for
each combined examination and first duplicate
license fees, and $7 of the additional fee for each renewal, must be credited to the
motorcycle safety fund which is hereby created; provided that any fee receipts
in excess of $750,000 in a fiscal year shall be credited 90 percent to the trunk
highway fund and ten percent to the general fund, as provided in section 171.26.
additional fee fees must be
credited to the general fund.
fee fees charged for the endorsement, $7 is those fees listed in
paragraph (a), clause (1), are dedicated to the motorcycle safety fund.
motorcycle, school bus,
tank vehicle, passenger, double-trailer or triple-trailer, or hazardous
materials vehicle endorsement on the person's driver's license shall pay a $2.50
examination fee at the place of application.
may be is
appropriated as follows:
$25
$30.
$50
$60.
$100 $120.
Until July 1, 1997, Money in the account is appropriated
to the commissioner to maintain and improve the quality of the criminal record
system in Minnesota.
and
.; and
criminal justice data communications network, as
follows: January 1, 1984 to December 31, 1984, $40 connect fee per month;
January 1, 1985 and thereafter, $50 connect fee per month.
; and
(7) costs for a project that
involves only dredging.
PLAN DISCOUNT PASSES.] The council may offer monthly passes for regular route bus service for sale to
employers at a special discount subject to the provisions of this subdivision.
An employer may be eligible to purchase passes at a special discount if the
employer agrees to establish a payroll deduction plan
as a means for its employees to purchase the passes at a price at or below
the amount charged by the council. The special discount on passes sold pursuant
to this subdivision shall be determined by the council.
The regional transit board shall
annually determine which cities and towns qualify for the 0.510 or 0.765 tax
capacity rate reduction and certify this list to the county auditor on or before
September 15. No changes shall be made to the list after September 15 of the
same levy year.
grades 1 prekindergarten through grade
6 or any portion thereof and staff meeting the standards established by the
state board of education.
Abrams | Daggett | Krinkie | Olson, M. | Stanek | Weaver |
Anderson, B. | Erhardt | Kuisle | Osskopp | Sviggum | Westfall |
Bettermann | Haas | Larsen | Paulsen | Swenson, D. | Westrom |
Bishop | Harder | Lindner | Reuter | Swenson, H. | Wolf |
Boudreau | Knight | Macklin | Rifenberg | Tompkins | |
Bradley | Knoblach | Mares | Seagren | Tuma | |
Broecker | Koppendrayer | McElroy | Seifert | Van Dellen | |
Commers | Kraus | Molnau | Smith | Vickerman | |
Those who voted in the negative were:
Anderson, I. | Finseth | Johnson, A. | Mariani | Otremba | Slawik |
Bakk | Folliard | Johnson, R. | Marko | Ozment | Solberg |
Biernat | Garcia | Juhnke | McCollum | Pawlenty | Stang |
Carlson | Goodno | Kahn | McGuire | Paymar | Sykora |
Chaudhary | Greenfield | Kalis | Milbert | Pelowski | Tingelstad |
Clark | Greiling | Kelso | Mulder | Peterson | Tomassoni |
Davids | Gunther | Kielkucki | Mullery | Pugh | Trimble |
Dawkins | Hasskamp | Koskinen | Munger | Rest | Tunheim |
Dehler | Hausman | Kubly | Murphy | Rhodes | Wagenius |
Delmont | Hilty | Leighton | Ness | Rostberg | Wejcman |
Dempsey | Holsten | Leppik | Nornes | Rukavina | Wenzel |
Dorn | Huntley | Lieder | Olson, E. | Schumacher | Winter |
Entenza | Jaros | Long | Opatz | Sekhon | Workman |
Evans | Jefferson | Luther | Orfield | Skare | Spk. Carruthers |
Farrell | Jennings | Mahon | Osthoff | Skoglund | |
The motion did not prevail and the amendment was not adopted.
Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:
Page 84, after line 30, insert:
"Sec. 67. Minnesota Statutes 1996, section 245A.03, subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 245A.16 do not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family, except as provided in clause (25);
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have a chemical
dependency, a mental illness, mental retardation or a related condition, a
functional impairment, or a physical handicap;
(4) sheltered workshops or work activity programs that
are certified by the commissioner of economic security;
(5) programs for children enrolled in kindergarten to the
12th grade and prekindergarten special education in a school as defined in
section 120.101, subdivision 4, and programs serving children in combined
special education and regular prekindergarten programs that are operated or
assisted by the commissioner of children, families, and learning;
(6) nonresidential programs primarily for children that
provide care or supervision, without charge for ten or fewer days a year, and
for periods of less than three hours a day while the child's parent or legal
guardian is in the same building as the nonresidential program or present within
another building that is directly contiguous to the building in which the
nonresidential program is located;
(7) nursing homes or hospitals licensed by the
commissioner of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the
commissioner of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an appropriate residential
program offered by a county agency. This exclusion expires on July 1, 1990;
(9) homes providing programs for persons placed there by
a licensed agency for legal adoption, unless the adoption is not completed
within two years;
(10) programs licensed by the commissioner of
corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year;
(12) programs operated by a school as defined in section
120.101, subdivision 4, whose primary purpose is to provide child care to
school-age children, provided the program is approved by the district's school
board;
(13) head start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is mental illness or
mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any 12-month period;
(16) residential programs for persons with mental
illness, that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by a church,
congregation, or religious society during the period used by the church,
congregation, or religious society for its regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance;
(20) residential programs serving school-age children
whose sole purpose is cultural or educational exchange, until the commissioner
adopts appropriate rules;
(21) unrelated individuals who provide out-of-home
respite care services to persons with mental retardation or related conditions
from a single related family for no more than 90 days in a 12-month period and
the respite care services are for the temporary relief of the person's family or
legal representative;
(22) respite care services provided as a home and
community-based service to a person with mental retardation or a related
condition, in the person's primary residence;
(23) community support services programs as defined in
section 245.462, subdivision 6, and family community support services as defined
in section 245.4871, subdivision 17; (24) the placement of a child by a birth parent or legal
guardian in a preadoptive home for purposes of adoption as authorized by section
259.47; or
(25) nonresidential child care
programs or services that are provided by an unrelated individual to persons
from a single related family or two or more other unrelated families, provided
that the individual provides services to no more than four children who are
unrelated to the individual.
For purposes of clause (6), a building is directly
contiguous to a building in which a nonresidential program is located if it
shares a common wall with the building in which the nonresidential program is
located or is attached to that building by skyway, tunnel, atrium, or common
roof."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the
roll was called. There were 63 yeas and 69 nays as follows:
Those who voted in the affirmative were:
or
Abrams | Erhardt | Koppendrayer | Ness | Rostberg | Tompkins |
Anderson, B. | Finseth | Kraus | Nornes | Seagren | Tuma |
Bettermann | Goodno | Krinkie | Olson, M. | Seifert | Van Dellen |
Boudreau | Gunther | Kuisle | Osskopp | Smith | Weaver |
Bradley | Haas | Larsen | Ozment | Stanek | Westfall |
Broecker | Harder | Leppik | Paulsen | Stang | Westrom |
Commers | Holsten | Lindner | Pawlenty | Sviggum | Wolf |
Daggett | Jennings | Macklin | Peterson | Swenson, D. | Workman |
Davids | Kielkucki | Mares | Reuter | Swenson, H. | |
Dehler | Knight | McElroy | Rhodes | Sykora | |
Dempsey | Knoblach | Molnau | Rifenberg | Tingelstad | |
Those who voted in the negative were:
Anderson, I. | Folliard | Juhnke | Marko | Otremba | Tomassoni |
Bakk | Garcia | Kahn | McCollum | Paymar | Trimble |
Biernat | Greenfield | Kalis | McGuire | Pelowski | Tunheim |
Carlson | Greiling | Kelso | Milbert | Pugh | Vickerman |
Chaudhary | Hasskamp | Koskinen | Mulder | Rest | Wagenius |
Clark | Hausman | Kubly | Mullery | Rukavina | Wejcman |
Dawkins | Hilty | Leighton | Munger | Schumacher | Wenzel |
Delmont | Huntley | Lieder | Murphy | Sekhon | Winter |
Dorn | Jaros | Long | Olson, E. | Skare | Spk. Carruthers |
Entenza | Jefferson | Luther | Opatz | Skoglund | |
Evans | Johnson, A. | Mahon | Orfield | Slawik | |
Farrell | Johnson, R. | Mariani | Osthoff | Solberg | |
Abrams | Dempsey | Koppendrayer | Mulder | Rostberg | Tompkins |
Anderson, B. | Erhardt | Kraus | Ness | Seagren | Tuma |
Bettermann | Finseth | Krinkie | Nornes | Seifert | Van Dellen |
Bishop | Goodno | Kuisle | Olson, M. | Smith | Vickerman |
Boudreau | Gunther | Larsen | Osskopp | Stanek | Weaver |
Bradley | Haas | Leppik | Ozment | Stang | Westfall |
Broecker | Harder | Lindner | Paulsen | Sviggum | Westrom |
Commers | Holsten | Macklin | Pawlenty | Swenson, D. | Wolf |
Daggett | Kielkucki | Mares | Reuter | Swenson, H. | Workman |
Davids | Knight | McElroy | Rhodes | Sykora | |
Dehler | Knoblach | Molnau | Rifenberg | Tingelstad | |
Those who voted in the negative were:
Anderson, I. | Folliard | Johnson, R. | Mariani | Otremba | Solberg |
Bakk | Garcia | Juhnke | Marko | Paymar | Tomassoni |
Biernat | Greenfield | Kahn | McCollum | Pelowski | Trimble |
Carlson | Greiling | Kalis | McGuire | Peterson | Tunheim |
Chaudhary | Hasskamp | Kelso | Milbert | Pugh | Wagenius |
Clark | Hausman | Koskinen | Mullery | Rest | Wejcman |
Dawkins | Hilty | Kubly | Munger | Rukavina | Wenzel |
Delmont | Huntley | Leighton | Murphy | Schumacher | Winter |
Dorn | Jaros | Lieder | Olson, E. | Sekhon | Spk. Carruthers |
Entenza | Jefferson | Long | Opatz | Skare | |
Evans | Jennings | Luther | Orfield | Skoglund | |
Farrell | Johnson, A. | Mahon | Osthoff | Slawik | |
Abrams | Dehler | Koppendrayer | Molnau | Seagren | Tuma |
Anderson, B. | Erhardt | Kraus | Mulder | Seifert | Van Dellen |
Bettermann | Gunther | Krinkie | Olson, M. | Smith | Weaver |
Boudreau | Haas | Kuisle | Osskopp | Stanek | Westfall |
Bradley | Harder | Larsen | Ozment | Sviggum | Westrom |
Broecker | Holsten | Lindner | Paulsen | Swenson, D. | Wolf |
Commers | Kielkucki | Macklin | Pawlenty | Swenson, H. | Workman |
Daggett | Knight | Mares | Reuter | Sykora | |
Davids | Knoblach | McElroy | Rifenberg | Tompkins | |
Those who voted in the negative were:
Anderson, I. | Folliard | Juhnke | McCollum | Pelowski | Tingelstad |
Bakk | Garcia | Kahn | McGuire | Peterson | Tomassoni |
Biernat | Goodno | Kalis | Milbert | Pugh | Trimble |
Carlson | Greenfield | Kelso | Mullery | Rest | Tunheim |
Chaudhary | Greiling | Koskinen | Munger | Rhodes | Vickerman |
Clark | Hasskamp | Kubly | Murphy | Rostberg | Wagenius |
Dawkins | Hausman | Leighton | Ness | Rukavina | Wejcman |
Delmont | Hilty | Leppik | Nornes | Schumacher | Wenzel |
Dempsey | Huntley | Lieder | Olson, E. | Sekhon | Winter |
Dorn | Jaros | Long | Opatz | Skare | Spk. Carruthers |
Entenza | Jefferson | Luther | Orfield | Skoglund | |
Evans | Jennings | Mahon | Osthoff | Slawik | |
Farrell | Johnson, A. | Mariani | Otremba | Solberg | |
Finseth | Johnson, R. | Marko | Paymar | Stang | |
The motion did not prevail and the amendment was not adopted.
Tompkins moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:
Page 28, line 33, after the period, insert "Pregnancy prevention means to prevent pregnancies from occurring, and does not include abortion referral or services."
A roll call was requested and properly seconded.
The question was taken on the Tompkins amendment and the
roll was called. There were 124 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Abrams | Evans | Kielkucki | McCollum | Peterson | Swenson, H. |
Anderson, B. | Farrell | Knight | McElroy | Pugh | Sykora |
Anderson, I. | Finseth | Knoblach | McGuire | Rest | Tingelstad |
Bakk | Folliard | Koppendrayer | Milbert | Reuter | Tomassoni |
Bettermann | Garcia | Koskinen | Molnau | Rhodes | Tompkins |
Biernat | Goodno | Kraus | Mulder | Rifenberg | Tuma |
Bishop | Greiling | Krinkie | Mullery | Rostberg | Tunheim |
Boudreau | Gunther | Kubly | Munger | Rukavina | Van Dellen |
Bradley | Haas | Kuisle | Murphy | Schumacher | Vickerman |
Broecker | Harder | Larsen | Ness | Seagren | Wagenius |
Carlson | Hasskamp | Leighton | Nornes | Seifert | Weaver |
Chaudhary | Hilty | Leppik | Olson, E. | Sekhon | Wejcman |
Commers | Holsten | Lieder | Olson, M. | Skare | Wenzel |
Daggett | Jefferson | Lindner | Opatz | Skoglund | Westfall |
Davids | Jennings | Long | Orfield | Slawik | Westrom |
Dehler | Johnson, A. | Luther | Osskopp | Smith | Winter |
Delmont | Johnson, R. | Macklin | Otremba | Solberg | Wolf |
Dempsey | Juhnke | Mahon | Ozment | Stanek | Workman |
Dorn | Kahn | Mares | Paulsen | Stang | Spk. Carruthers |
Entenza | Kalis | Mariani | Pawlenty | Sviggum | |
Erhardt | Kelso | Marko | Pelowski | Swenson, D. | |
Those who voted in the negative were:
Clark | Greenfield | Huntley | Paymar | Trimble |
Dawkins | Hausman | Jaros | ||
The motion prevailed and the amendment was adopted.
Haas moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:
Page 8, line 30, delete "$14,970,000" and insert "$17,148,000"
Page 8, line 34, delete "$13,396,000" and insert "$15,574,000"
Page 8, after line 34, insert:
"Of the 1999 appropriation, up to $2,178,000 may be used for one-time grants to early childhood and family education programs. A district that complies with Minnesota Statutes, section 121.882, shall receive an additional grant for fiscal year 1999 equal to $6 times the greater of:
(1) 150; or
(2) the number of people under five years of age residing in the school district on October 1 of the previous school year. These grants may be used only for early childhood family education programs."
Page 10, delete lines 7 to 15
Page 21, delete Section 11
Abrams | Dehler | Knoblach | Molnau | Seifert | Van Dellen |
Anderson, B. | Erhardt | Koppendrayer | Olson, M. | Smith | Vickerman |
Bishop | Finseth | Kraus | Osskopp | Stanek | Weaver |
Boudreau | Goodno | Krinkie | Ozment | Stang | Westfall |
Bradley | Haas | Kuisle | Paulsen | Sviggum | Westrom |
Broecker | Harder | Larsen | Reuter | Swenson, D. | Wolf |
Commers | Holsten | Lindner | Rifenberg | Swenson, H. | Workman |
Daggett | Kielkucki | Macklin | Rostberg | Tompkins | |
Davids | Knight | Mares | Seagren | Tuma | |
Those who voted in the negative were:
Anderson, I. | Garcia | Kahn | McElroy | Pawlenty | Sykora |
Bakk | Greenfield | Kalis | McGuire | Paymar | Tingelstad |
Biernat | Greiling | Kelso | Milbert | Pelowski | Tomassoni |
Carlson | Gunther | Koskinen | Mulder | Peterson | Trimble |
Chaudhary | Hasskamp | Kubly | Mullery | Pugh | Tunheim |
Clark | Hausman | Leighton | Munger | Rest | Wagenius |
Dawkins | Hilty | Leppik | Murphy | Rhodes | Wejcman |
Delmont | Huntley | Lieder | Ness | Rukavina | Wenzel |
Dempsey | Jaros | Long | Nornes | Schumacher | Winter |
Dorn | Jefferson | Luther | Olson, E. | Sekhon | Spk. Carruthers |
Entenza | Jennings | Mahon | Opatz | Skare | |
Evans | Johnson, A. | Mariani | Orfield | Skoglund | |
Farrell | Johnson, R. | Marko | Osthoff | Slawik | |
Folliard | Juhnke | McCollum | Otremba | Solberg | |
The motion did not prevail and the amendment was not adopted.
Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:
Page 16, delete lines 31 to 36
Page 17, delete lines 1 to 14
Renumber the sections in sequence and correct internal references
Amend the title accordingly
Abrams | Bradley | Knight | Kuisle | Reuter | Tompkins |
Anderson, B. | Broecker | Koppendrayer | Lindner | Rifenberg | Van Dellen |
Bishop | Commers | Krinkie | Olson, M. | Sviggum | |
Those who voted in the negative were:
Anderson, I. | Folliard | Kalis | McGuire | Peterson | Tingelstad |
Bakk | Garcia | Kelso | Milbert | Pugh | Tomassoni |
Bettermann | Goodno | Kielkucki | Molnau | Rest | Trimble |
Biernat | Greenfield | Knoblach | Mulder | Rhodes | Tuma |
Boudreau | Greiling | Koskinen | Mullery | Rostberg | Tunheim |
Carlson | Gunther | Kraus | Munger | Rukavina | Vickerman |
Chaudhary | Haas | Kubly | Murphy | Schumacher | Wagenius |
Clark | Harder | Larsen | Ness | Seagren | Weaver |
Daggett | Hasskamp | Leighton | Nornes | Seifert | Wejcman |
Davids | Hausman | Leppik | Olson, E. | Sekhon | Wenzel |
Dawkins | Hilty | Lieder | Opatz | Skare | Westfall |
Dehler | Holsten | Long | Orfield | Skoglund | Westrom |
Delmont | Huntley | Luther | Osskopp | Slawik | Winter |
Dempsey | Jaros | Macklin | Osthoff | Smith | Wolf |
Dorn | Jefferson | Mahon | Otremba | Solberg | Workman |
Entenza | Jennings | Mares | Ozment | Stanek | Spk. Carruthers |
Erhardt | Johnson, A. | Mariani | Paulsen | Stang | |
Evans | Johnson, R. | Marko | Pawlenty | Swenson, D. | |
Farrell | Juhnke | McCollum | Paymar | Swenson, H. | |
Finseth | Kahn | McElroy | Pelowski | Sykora | |
The motion did not prevail and the amendment was not adopted.
Kraus, Kuisle, Larsen and Davids moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:
Page 62, delete section 30
Page 86, delete lines 32 to 35
Renumber the sections and subdivisions in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kraus et al amendment and
the roll was called. There were 12 yeas and 121 nays as follows:
Those who voted in the affirmative were:
Broecker | Holsten | Krinkie | Larsen | McCollum | Slawik |
Davids | Kraus | Kuisle | Macklin | Rukavina | Van Dellen |
Those who voted in the negative were:
Abrams | Evans | Kahn | Milbert | Pugh | Tomassoni |
Anderson, B. | Farrell | Kalis | Molnau | Rest | Tompkins |
Anderson, I. | Finseth | Kelso | Mulder | Reuter | Trimble |
Bakk | Folliard | Kielkucki | Mullery | Rhodes | Tuma |
Bettermann | Garcia | Knight | Munger | Rifenberg | Tunheim |
Biernat | Goodno | Knoblach | Murphy | Rostberg | Vickerman |
Bishop | Greenfield | Koppendrayer | Ness | Schumacher | Wagenius |
Boudreau | Greiling | Koskinen | Nornes | Seagren | Weaver |
Bradley | Gunther | Kubly | Olson, E. | Seifert | Wejcman |
Carlson | Haas | Leighton | Olson, M. | Sekhon | Wenzel |
Chaudhary | Harder | Leppik | Opatz | Skare | Westfall |
Clark | Hasskamp | Lieder | Orfield | Skoglund | Westrom |
Commers | Hausman | Lindner | Osskopp | Smith | Winter |
Daggett | Hilty | Long | Osthoff | Solberg | Wolf |
Dawkins | Huntley | Luther | Otremba | Stanek | Workman |
Dehler | Jaros | Mahon | Ozment | Stang | Spk. Carruthers |
Delmont | Jefferson | Mares | Paulsen | Sviggum | |
Dempsey | Jennings | Mariani | Pawlenty | Swenson, D. | |
Dorn | Johnson, A. | Marko | Paymar | Swenson, H. | |
Entenza | Johnson, R. | McElroy | Pelowski | Sykora | |
Erhardt | Juhnke | McGuire | Peterson | Tingelstad | |
The motion did not prevail and the amendment was not adopted.
H. F. No. 2147, A bill for an act relating to education; providing for early childhood education, community, prevention, and self-sufficiency programs; appropriating money; amending Minnesota Statutes 1996, sections 15.53, subdivision 2; 119A.01, subdivision 3; 119A.04, subdivision 6, and by adding a subdivision; 119A.13, subdivisions 2, 3, and 4; 119A.14; 119A.15, subdivisions 2, 5, and by adding a subdivision; 119A.16; 119A.31, subdivisions 1 and 2; 119B.01, subdivisions 8, 9, 12, 16, 17, and by adding subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, subdivisions 1, 5, 6, and by adding a subdivision; 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, subdivisions 1, 2, and by adding subdivisions; 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, and by adding a subdivision; 119B.12; 119B.13, subdivision 1, and by adding subdivisions; 119B.15; 119B.16, subdivision 1; 119B.18, by adding a subdivision; 119B.20, subdivisions 7, 9, and 10; 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11; 121.831, subdivisions 3 and 4; 121.8355, subdivision 1; 121.88, subdivisions 1, 10, and by adding a subdivision; 121.882, subdivisions 2 and 6; 124.17, subdivision 2e; 124.26, subdivision 2, and by adding a subdivision; 124.2601, subdivisions 3, 4, 5, 6, and by adding a subdivision; 124.261, subdivision 1; 124.2615, subdivisions 1 and 2; 124.2711, subdivisions 1 and 2a; 124.2713, subdivisions 6 and 8; 124.2716, subdivision 3; 268.38, by adding a subdivision; 268.53, subdivision 5; 268.55, by adding a subdivision; 268.912; 268.913, subdivisions 2 and 4; and 268.914, subdivision 1; Laws 1996, chapter 463, section 4, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 119A; and 119B; repealing Minnesota Statutes 1996, sections 119B.03, subdivision 7; 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, subdivision 2; 119B.21, subdivision 7; 121.8355, subdivision 1a; and 268.913, subdivision 5.
The bill was read for the third time, as amended, and
placed upon its final passage.
The question was taken on the passage of the bill and
the roll was called. There were 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams | Farrell | Kahn | McGuire | Pugh | Tingelstad |
Anderson, I. | Finseth | Kalis | Milbert | Rest | Tomassoni |
Bakk | Folliard | Kelso | Molnau | Reuter | Tompkins |
Bettermann | Garcia | Kielkucki | Mulder | Rhodes | Trimble |
Biernat | Goodno | Knoblach | Mullery | Rifenberg | Tuma |
Bishop | Greenfield | Koppendrayer | Munger | Rostberg | Tunheim |
Boudreau | Greiling | Koskinen | Murphy | Rukavina | Vickerman |
Broecker | Gunther | Kraus | Ness | Schumacher | Wagenius |
Carlson | Haas | Kubly | Nornes | Seagren | Weaver |
Chaudhary | Harder | Leighton | Olson, E. | Seifert | Wejcman |
Clark | Hasskamp | Leppik | Opatz | Sekhon | Wenzel |
Commers | Hausman | Lieder | Orfield | Skare | Westfall |
Daggett | Hilty | Long | Osskopp | Skoglund | Westrom |
Dawkins | Holsten | Luther | Osthoff | Slawik | Winter |
Dehler | Huntley | Macklin | Otremba | Smith | Wolf |
Delmont | Jaros | Mahon | Ozment | Solberg | Workman |
Dempsey | Jefferson | Mares | Paulsen | Stanek | Spk. Carruthers |
Dorn | Jennings | Mariani | Pawlenty | Stang | |
Entenza | Johnson, A. | Marko | Paymar | Swenson, D. | |
Erhardt | Johnson, R. | McCollum | Pelowski | Swenson, H. | |
Evans | Juhnke | McElroy | Peterson | Sykora | |
Those who voted in the negative were:
Anderson, B. | Davids | Krinkie | Larsen | Olson, M. | Van Dellen |
Bradley | Knight | Kuisle | Lindner | Sviggum | |
The bill was passed, as amended, and its title agreed to.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Ozment moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the final passage of S. F. No. 1675." The motion prevailed.
Smith moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the final passage of S. F. No. 1675." The motion prevailed.
Schumacher moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the Van Dellen amendment, as amended, to S. F. No. 1888, the unofficial engrossment, as amended." The motion prevailed.
Trimble moved that H. F. No. 1376 be returned to its author. The motion prevailed.
Erhardt moved that H. F. No. 1587 be returned to its author. The motion prevailed.
Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, April 18, 1997. The motion prevailed.
Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Friday, April 18, 1997.
Edward A. Burdick, Chief Clerk, House of Representatives