EIGHTY-FIRST SESSION 1999
__________________
THIRTIETH DAY
Saint Paul, Minnesota, Thursday, March 18, 1999
This Journal as a PDF document
The House of Representatives convened at 2:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor John Kilde, Professor at Lutheran Brethren Seminary, Fergus Falls, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
| Abeler | Dorman | Holberg | Lieder | Paulsen | Storm | |
| Abrams | Dorn | Holsten | Lindner | Pawlenty | Swenson | |
| Anderson, B. | Entenza | Howes | Luther | Paymar | Sykora | |
| Anderson, I. | Erhardt | Huntley | Mahoney | Pelowski | Tingelstad | |
| Bakk | Erickson | Jaros | Mares | Peterson | Tomassoni | |
| Biernat | Finseth | Jennings | Mariani | Pugh | Trimble | |
| Bishop | Folliard | Johnson | Marko | Rest | Tuma | |
| Boudreau | Fuller | Juhnke | McCollum | Reuter | Tunheim | |
| Bradley | Gerlach | Kahn | McElroy | Rhodes | Van Dellen | |
| Broecker | Gleason | Kalis | McGuire | Rifenberg | Vandeveer | |
| Buesgens | Goodno | Kelliher | Milbert | Rostberg | Wagenius | |
| Carlson | Gray | Kielkucki | Molnau | Rukavina | Wejcman | |
| Carruthers | Greenfield | Knoblach | Mulder | Schumacher | Wenzel | |
| Cassell | Greiling | Koskinen | Mullery | Seagren | Westerberg | |
| Chaudhary | Gunther | Krinkie | Murphy | Seifert, J. | Westfall | |
| Clark, J. | Haake | Kubly | Ness | Seifert, M. | Westrom | |
| Clark, K. | Haas | Kuisle | Nornes | Skoe | Wilkin | |
| Daggett | Hackbarth | Larsen, P. | Opatz | Skoglund | Winter | |
| Davids | Harder | Larson, D. | Osskopp | Smith | Wolf | |
| Dawkins | Hasskamp | Leighton | Osthoff | Solberg | Workman | |
| Dehler | Hausman | Lenczewski | Otremba | Stanek | Spk. Sviggum | |
| Dempsey | Hilty | Leppik | Ozment | Stang | ||
A quorum was present.
Munger, Olson and Orfield were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Westfall moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Mares from the Committee on Education Policy to which was referred:
H. F. No. 16, A bill for an act relating to education; entitling public school students to an education without serious classroom disruption; providing a remedy; amending Minnesota Statutes 1998, sections 121A.42; 121A.45, subdivision 2; and 125A.08; proposing coding for new law in Minnesota Statutes, chapter 121A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 121A.45, subdivision 2, is amended to read:
Subd. 2. [GROUNDS FOR DISMISSAL.] A pupil may be dismissed on any of the following grounds:
(a) willful violation of any reasonable school board regulation. Such regulation must be clear and definite to provide notice to pupils that they must conform their conduct to its requirements;
(b) willful conduct that materially and substantially significantly disrupts the rights of
others to an education, including conduct that interferes with a teacher's ability to teach or communicate
effectively with students in a class or with the ability of other students to learn; or
(c) willful conduct that disrupts a classroom, the school environment, or the functions of a school; or
(d) willful conduct that endangers the pupil or other pupils, or surrounding persons, including school district employees, or property of the school.
Sec. 2. Minnesota Statutes 1998, section 121A.61, subdivision 2, is amended to read:
Subd. 2. [GROUNDS FOR REMOVAL FROM CLASS.] The policy must establish the various grounds
for which a student may be removed from a class in the district for a period of time pursuant to
under the procedures specified in the policy. The grounds in the policy must include at least the following
provisions, as well as other grounds determined appropriate by the board:
(a) willful conduct which materially and substantially that disrupts the rights of others to
an education, including conduct that interferes with a teacher's ability to teach or communicate effectively with
students in a class or with the ability of other students to learn;
(b) willful conduct which that endangers surrounding persons, including school
district employees, the student or other students, or the property of the school; and
(c) willful violation of any rule of conduct specified in the discipline policy adopted by the board.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective for the 1999-2000 school year and thereafter."
Delete the title and insert:
"A bill for an act relating to education; entitling public school students to an education without serious classroom disruption; amending Minnesota Statutes 1998, sections 121A.45, subdivision 2; and 121A.61, subdivision 2."
With the recommendation that when so amended the bill pass.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 132, A bill for an act relating to lawful gambling; exempting certain bingo games from regulation; amending Minnesota Statutes 1998, section 349.166, subdivision 1.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 142, A bill for an act relating to crime; expanding the definition of "subsequent controlled substance conviction" to include convictions subsequent to a stay of adjudication for a controlled substance crime; amending Minnesota Statutes 1998, section 152.01, subdivision 16a.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 143, A bill for an act relating to crime; including convictions for malicious punishment of a child within the enhanced penalty provisions of the domestic assault law; amending Minnesota Statutes 1998, section 609.2242, subdivisions 2 and 4.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 177, A bill for an act relating to health; prohibiting partial-birth abortions; providing criminal and civil penalties; proposing coding for new law in Minnesota Statutes, chapter 145.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Crime Prevention.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 333, A bill for an act relating to education; establishing a board for educational administrators; appropriating money; amending Minnesota Statutes 1998, sections 122A.162; 122A.163; 122A.164; 122A.18, subdivisions 1, 4, 6, and 8; 122A.20, subdivisions 1 and 2; 122A.21; 122A.23; 122A.27, subdivisions 1, 4, and 5; 123A.21, subdivision 5; 123B.03, subdivision 1; 125A.67, subdivision 2; 214.01, subdivision 3; 214.04, subdivisions 1 and 3; 214.12, subdivision 1; and proposing coding for new law in Minnesota Statutes, chapter 122A.
Reported the same back with the following amendments:
Page 5, line 27, delete "A" and insert "The board of educational administration consists of five members appointed by the governor as follows:
(1) an elementary school principal currently employed by a school district to perform administrative or supervisory duties;
(2) a secondary school principal currently employed by a school district to perform administrative or supervisory duties;
(3) a school superintendent currently employed by a school district to perform administrative or supervisory duties;
(4) a classroom teacher currently employed by a school district to perform instructional duties;
(5) a currently serving school board member.
In making appointments, the governor shall solicit recommendations from groups representing persons in clauses (1) to (5)."
Page 5, delete lines 28 to 36
Page 6, delete lines 1 to 6
Page 6, line 9, before the period, insert "except the terms expire July 31"
Page 7, line 25, delete "may" and insert "shall"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on K-12 Education Finance.
The report was adopted.
Stanek from the Committee on Crime Prevention to which was referred:
H. F. No. 357, A bill for an act relating to crime; expanding the scope of the Camp Ripley work program law to include chemically dependent offenders and offenders convicted of domestic abuse; amending Minnesota Statutes 1998, section 609.113, subdivisions 1, 2, 3, and 6.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 241.277, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of corrections shall establish a four-year
pilot project work program at Camp Ripley. The program must serve adult male nonviolent felony and gross
misdemeanor offenders who are ordered to complete the program by courts under section 609.113, adult male
offenders who are found by the court under section 609.14 to have violated a condition of probation or intermediate
sanction, and adult male offenders who are found by the commissioner of corrections under section 244.05 to have
violated the conditions of the inmate's supervised release.
Sec. 2. Minnesota Statutes 1998, section 241.277, subdivision 5, is amended to read:
Subd. 5. [STATUS OF OFFENDER.] An offender sentenced to the work program is not committed to the
commissioner of corrections. Instead, the offender is under the continuing jurisdiction of the sentencing court.
Offenders sentenced to the work program are not considered incarcerated for purposes of computing good time or
credit for time served.
Sec. 3. Minnesota Statutes 1998, section 241.277, subdivision 9, is amended to read:
Subd. 9. [COSTS OF PROGRAM.] (a) Except as provided in paragraph (b), counties sentencing offenders to the program must pay 25 percent of the per diem expenses for the offender. Per diem money received from the counties are appropriated to the commissioner of corrections for program expenses. Sums of money received by the commissioner under this subdivision shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received by the commissioner. The commissioner is responsible for all other costs associated with the placement of offenders in the program, including, but not limited to, the remaining per diem expenses and the full cost of transporting offenders to and from the program. Costs of medical care must be paid according to the provisions of section 3.739.
(b) Counties sentencing offenders to the program for crimes committed on or after July 1, 1999, and before July 1, 2001, are not required to pay any per diem or other expenses. The commissioner is responsible for all costs associated with the placement of these offenders in the program including, but not limited to, per diem expenses and the full cost of transporting offenders to and from the program.
Sec. 4. Minnesota Statutes 1998, section 609.113, subdivision 1, is amended to read:
Subdivision 1. [MANDATORY SENTENCE.] (a) Except as provided in paragraph (b), if a court stays the
imposition or execution of sentence under section 609.135 for an adult male who is convicted of a first- or
second-time nonviolent felony offense, and who has never been previously convicted of or adjudicated
for committing an offense against the person, the court, in addition to any other intermediate sanctions ordered
and as a condition of probation, shall order the person to satisfactorily complete the work program for the period of
time specified in subdivision 4, paragraph (a).
If the work program is full at the time of sentencing, the court may sentence the person to any sentence authorized in section 609.10 or 609.135. The court may sentence the person to the program and require that the person be placed in the program when an opening occurs.
(b) If the court determines, based on substantial and compelling reasons, that a person described
in paragraph (a) would receive a more appropriate sanction and level of care through an alternative disposition
using local correctional resources would be more appropriate, the court may sentence the person to a
disposition not involving the work program notwithstanding paragraph (a). This sentence must include a sanction
of equivalent or greater severity as the work program.
If a court sentences a person under this paragraph, the court shall make written findings as to the reasons for not using the work program. The court shall forward these findings, including the alternative sentence imposed, to the sentencing guidelines commission.
Sec. 5. Minnesota Statutes 1998, section 609.113, subdivision 2, is amended to read:
Subd. 2. [PERMISSIVE SENTENCE.] A court may sentence a person who has never previously been
convicted of or adjudicated for committing an offense against the person to satisfactorily complete the work
program for a period of time authorized in subdivision 4, paragraph (b), if the person:
(1) is convicted of a nonviolent felony offense other than a first- or second-time nonviolent
felony offense and the court is staying the imposition or execution of sentence under section 609.135; or
(2) is convicted of a nonviolent gross misdemeanor offense; or
(3) is found by the court under section 609.14 to have violated a condition of probation or an intermediate sanction.
This sentence may be in addition to any other sanctions ordered by the court.
Sec. 6. Minnesota Statutes 1998, section 609.113, subdivision 3, is amended to read:
Subd. 3. [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is ineligible to be sentenced to the work program if:
(1) the court determines that the person has a debilitating chemical dependency or serious mental
health problem or the person has a serious and chronic condition requiring ongoing and continuous medical
monitoring and treatment by a medical professional; or
(2) the person has been convicted of a nonviolent felony or gross misdemeanor offense after having
initially been charged with committing a crime against the person the person has been previously convicted
of or adjudicated delinquent for committing or attempting to commit any of the following laws of this state or any
similar law of the United States or any other state: section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.221; 609.222; 609.223; 609.2231; 609.228; 609.229; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;
609.345; 609.3451; 609.485, subdivision 4, paragraph (b); 609.487, subdivision 4; 609.498, subdivision 1 or 1b;
609.561; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; 609.713; 609.749; 609.855, subdivision 5;
624.713; any gross misdemeanor or felony violation of section 609.24 or 609.2242; and any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more; or
(3) the person has been previously convicted of or adjudicated delinquent for committing or attempting to commit a misdemeanor violation of section 609.24 or 609.2242 or any similar law of the United States or any other state, unless three or more years have passed since the person was discharged from sentence or disposition for the conviction or adjudication; or
(4) the current offense is one for which the sentencing guidelines presume a commitment to the commissioner of corrections; or
(5) the current offense is one that is listed in clause (2) or (3).
Sec. 7. Minnesota Statutes 1998, section 609.113, subdivision 4, is amended to read:
Subd. 4. [LENGTH OF SENTENCE.] (a) If the court determines that the offense is the person's first
nonviolent felony offense, the court shall sentence the person to the work program for 60 days. If the court
determines that the offense is the person's second nonviolent felony offense, the court shall sentence the
person to the work program for 90 days.
(b) The court may sentence a person described in subdivision 2 as follows:
(1) if the person is convicted of a nonviolent felony offense, the court may sentence the person to
the work program for up to 90 days; or
(2) if the person is convicted of a nonviolent gross misdemeanor offense, the court may sentence
the person to the work program for up to 30 days; or
(3) if the person is found to have violated a condition of release or an intermediate sanction under section 609.14, the court may sentence the person to the work program for any period of time up to one year.
(c) The person shall be placed in the work program as soon as possible after the sentencing to ensure swift consequences for the offense.
Sec. 8. Minnesota Statutes 1998, section 609.113, is amended by adding a subdivision to read:
Subd. 4a. [CREDIT FOR PRIOR INCARCERATION.] When sentence is imposed under this section, the court shall ensure that the record accurately reflects all time spent in custody in connection with the offense or behavioral incident for which sentence is imposed. Such time shall be automatically deducted from the sentence, including time spent in custody as a condition of probation from a prior stay of imposition or execution of sentence.
Sec. 9. [REPEALER.]
Minnesota Statutes 1998, section 609.113, subdivision 6, is repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective the day following final enactment for crimes committed on or after that date."
Delete the title and insert:
"A bill for an act relating to crime; expanding the scope of the Camp Ripley work program to include chemically dependent offenders, probation violators, and supervised release violators; clarifying the offenses that make an offender ineligible for the Camp Ripley work program; providing that counties are not responsible for per diem expenses for the program for the fiscal biennium ending June 30, 2001; amending Minnesota Statutes 1998, sections 241.277, subdivisions 1, 5, and 9; and 609.113, subdivisions 1, 2, 3, 4, and by adding a subdivision; repealing Minnesota Statutes 1998, section 609.113, subdivision 6."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Davids from the Committee on Commerce to which was referred:
H. F. No. 359, A bill for an act relating to utilities; authorizing public utilities commission to establish and delegate powers to subcommittees and to designate lead commissioners; allowing petitions to be deemed approved unless set aside for affirmative action by the commission; authorizing a quorum of the commission to discuss a docket without complying with certain statutory law when acting as an administrative court; creating investigation and contingency revolving fund; appropriating money; amending Minnesota Statutes 1998, section 216A.03, subdivision 3a, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 216A.03, is amended by adding a subdivision to read:
Subd. 7. [FILINGS APPROVED WITHOUT HEARING.] A filing with the commission may be deemed approved by the commission after 60 days of filing, unless the commission, a commissioner, or any other person requests the filing be set aside for action by the commission. The commission may designate, by standing order, categories or types of filings that are eligible for approval under this subdivision. Complaint filings or petitions for rulemakings are not eligible for designation. The commission must publish a weekly notice of the filings that are approved without other action by the commission, and shall issue a written order approving the filing upon passage of the 60-day term. Orders approved under this subdivision are subject to reconsideration, as provided in section 216B.27 or the commission's rules of practice and procedure, and nothing in this subdivision affects the rights of any entity under section 216B.17 or 237.081.
Sec. 2. Minnesota Statutes 1998, section 216A.03, is amended by adding a subdivision to read:
Subd. 8. [DELEGATIONS TO COMMISSION SUBCOMMITTEES.] (a) The commission may create and appoint members to standing or ad hoc subcommittees of the commission consisting of at least one commissioner. The commission, at a regularly scheduled agenda hearing, may delegate any of the commission's legislative, administrative, or quasi-judicial functions, as defined in section 216A.02, to a subcommittee of the commission.
(b) Upon written objection by a party, a participant, or a commissioner, a decision by a subcommittee must be referred to the full commission. Subcommittee decisions for which no written objection is filed with the commission within ten days from the date of receipt of the written decision of the subcommittee are deemed decisions of the full commission. If referred to the full commission, the full commission may rely on the record developed by the subcommittee but shall treat the subcommittee decision as advisory.
(c) In either their initial or reply filings with the commission, a party or a participant may request that the commission not delegate the proceeding to a commission subcommittee. The request must be granted.
(d) For the purposes of this subdivision:
(1) a "party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding under this chapter; and
(2) a "participant" means a person who files comments or appears to present views without becoming a party in a proceeding, other than public hearings held in contested cases and other commission proceedings conducted to receive general public comments.
Sec. 3. Minnesota Statutes 1998, section 216A.03, is amended by adding a subdivision to read:
Subd. 9. [DESIGNATION OF LEAD COMMISSIONER.] The commission may designate a commissioner to be the lead commissioner for a docket, a type of docket, or for a particular subject area. Prior to making a designation for a particular docket, the commission shall allow a party or a participant to request that the commission not designate a lead commissioner for that docket. The commission shall allow interested persons to be heard on that request. The lead commissioner is authorized to exercise the commission's authority to develop an evidentiary record for a proceeding, including holding hearings and requesting written or oral comments. At the request of the commission, the lead commissioner shall provide the commission and the service list for the proceeding with a written summary of the evidentiary record developed by the lead commissioner for the case, including any recommendations of the commissioner. Any findings of fact, conclusions of law, or recommendations of the lead commissioner are advisory only and are not binding on the commission. Nothing in this subdivision affects a person's right or opportunity to request a contested case proceeding under chapter 14.
Sec. 4. [SUNSETS.]
Sections 1 to 3 expire as of June 30, 2002.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to utilities; authorizing public utilities commission to establish and delegate powers to subcommittees and to designate lead commissioners; allowing petitions to be deemed approved unless set aside for affirmative action by the commission; amending Minnesota Statutes 1998, section 216A.03, by adding subdivisions."
With the recommendation that when so amended the bill pass.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 446, A bill for an act relating to motor vehicles; decreasing rate of depreciation for passenger automobile registration tax; allocating revenues from motor vehicle sales tax; proposing an amendment to the Minnesota Constitution, Article XIV, by adding a section to require certain percentages of motor vehicle sales tax revenue be deposited in highway user tax distribution fund and transit assistance fund; amending Minnesota Statutes 1998, sections 168.013, subdivision 1a; and 297B.09, subdivision 1.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 479, A bill for an act relating to agriculture; establishing an advisory task force on contract production to study the issue of livestock, agricultural commodity, and specialty crops produced under contract; requiring a report; appropriating money.
Reported the same back with the following amendments:
Page 1, line 14, after "contract" insert ", other than production for vegetable processors,"
Page 2, line 13, delete everything after "than"
Page 2, delete lines 14 and 15 and insert "processors of vegetables;"
Page 3, line 7, after "processors" insert ", other than vegetable processors,"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Agriculture and Rural Development Finance.
The report was adopted.
Pawlenty from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 484, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 1998, sections 204C.19, subdivision 2; 204C.27; 204C.33; 204D.11, by adding a subdivision; 204D.15; 204D.16; and 204D.165; proposing coding for new law in Minnesota Statutes, chapter 3B.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 510, A bill for an act relating to family law; repealing the administrative process for support orders; establishing a child support magistrate system; authorizing child support and visitation review hearings; appropriating money; amending Minnesota Statutes 1998, sections 357.021, subdivision 1a; 484.70, subdivision 1;
518.551, subdivisions 12, 13, and 14; 518.575, subdivision 1; and 518.616, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 484; and 518; repealing Minnesota Statutes 1998, sections 518.5511; and 518.5512.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 577, A bill for an act relating to education; clarifying and changing requirements for private career schools; providing for rulemaking; amending Minnesota Statutes 1998, sections 141.21, subdivisions 3, 5, 6, and by adding subdivisions; 141.22; 141.25, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, and 12; 141.26, subdivision 2; 141.271, subdivisions 1, 2, 3, 4, 5, 6, and 12; 141.28, subdivisions 3 and 5; 141.29, subdivision 1; 141.31; 141.32; and 141.35; proposing coding for new law in Minnesota Statutes, chapter 141; repealing Minnesota Statutes 1998, sections 141.25, subdivisions 9a, 9b, and 11; and 141.36.
Reported the same back with the following amendments:
Page 10, line 35, delete "different"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Higher Education Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 645, A bill for an act relating to the environment; conforming state requirements for water supply and wastewater treatment operator certification to federal requirements; removing the expiration date of an advisory council; removing obsolete references; amending Minnesota Statutes 1998, sections 115.71, subdivisions 9a and 10; and 115.741, subdivisions 1, 2, and 3.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
McElroy from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 646, A bill for an act relating to youth programs; appropriating money for youth intervention program grants.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 717, A bill for an act relating to landlords and tenants; extending the housing calendar consolidation program to districts outside of the second and fourth judicial districts; amending Minnesota Statutes 1998, section 484.013, subdivisions 1 and 2.
Reported the same back with the following amendments:
Page 2, line 6, delete "landlord's" and before the period, insert "of either party"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 777, A bill for an act relating to local government; delaying the expiration of corporations created by political subdivisions; establishing a task force to develop legislation relating to establishment of corporations by political subdivisions; amending Minnesota Statutes 1998, section 465.715, subdivision 1a.
Reported the same back with the following amendments:
Page 3, line 4, after "designee" insert "and the secretary of state or her designee"
Page 3, line 5, delete "a" and delete "member" and insert "members"
With the recommendation that when so amended the bill pass.
The report was adopted.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 811, A bill for an act relating to highways; appropriating money for preliminary engineering and environmental studies relating to Scott county state-aid highway No. 27.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance without further recommendation.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 850, A bill for an act relating to regional development commissions; appropriating money for regional planning.
Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance without further recommendation.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 866, A bill for an act relating to natural resources; exempting trappers from blaze orange requirements; amending Minnesota Statutes 1998, section 97B.071.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [POLICY.]
It is the policy of this state to implement the constitutional right to hunt and to provide for the health, safety, and welfare of its citizens by promoting the safety and enjoyment of shooting sports among its citizens and by preserving the locations of shooting ranges for shotgun, archery, rifle, and pistol shooting.
Sec. 2. [87A.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 87A.01 to 87A.06.
Subd. 2. [PERSON.] "Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity.
Subd. 3. [SHOOTING RANGE OR RANGE.] "Shooting range" or "range" means an area or facility designated or operated for the use of firearms as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law.
Subd. 4. [GENERALLY ACCEPTED OPERATION PRACTICES.] "Generally accepted operation practices" means those voluntary guidelines adopted by the commissioner of natural resources for the safe operation of shooting ranges. In developing the guidelines, the commissioner shall incorporate, to the greatest extent possible, practices regarding the safe operation of shooting ranges established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs that include training individuals in the safe handling and use of firearms, which practices are developed with consideration of all information reasonably available regarding the safe operation of shooting ranges. The generally accepted operation practices shall be reviewed at least every five years by the commissioner of natural resources and revised as the commissioner considers necessary for safe operation of a shooting range. The commissioner shall adopt initial guidelines by July 1, 1999.
Subd. 5. [UNIT OF GOVERNMENT.] "Unit of government" means a home rule charter or statutory city, county, town, municipal corporation, or other political subdivision, or any of their instrumentalities.
Sec. 3. [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.]
(a) A shooting range that is in operation and is in compliance with existing law at the time of the enactment of an ordinance of a unit of government affecting, directly or indirectly, operation or use of a shooting range must be permitted to continue in operation even if the operation of the shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.
(b) A shooting range that operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance of a unit of government affecting, directly or indirectly, operation or use of a shooting range, must be permitted to do all of the following within its geographic boundaries if done under generally accepted operation practices:
(1) repair, remodel, improve, replace, construct, or reinforce any conforming or nonconforming building or structure as may be necessary in the interest of safety or to secure the continued use of the range, building, or structure;
(2) reconstruct, repair, restore, remodel, improve, replace, or resume the use of any conforming or nonconforming building or structure damaged by fire, collapse, erosion, explosion, act of God, or act of war; and
(3) do anything under generally accepted operation practices, including:
(i) expand or increase its membership or opportunities for public participation; and
(ii) make those repairs or improvements necessary or desirable under generally accepted operation practices.
(c) To the extent matters within this section are the express subject of a voluntary negotiated agreement entered into prior to March 1, 1999, between a unit of government and a range operator of a range located in Washington county and located in part within an existing or sited regional park, the negotiated agreement may be enforced pursuant to its terms.
Sec. 4. [87A.03] [CLOSING OR RELOCATING SHOOTING RANGES; PAYMENT OF CERTAIN COSTS.]
Subdivision 1. [WHEN CAN CLOSE OR RELOCATE.] A shooting range may be closed under subdivision 3, or relocated under subdivision 4, by a state agency or unit of government only if, because of new, permitted development of adjacent land, the range becomes a clear, immediate, and proven safety hazard to the adjacent population and it cannot be brought into compliance with generally accepted operation practices with range improvements.
Subd. 2. [PROCEDURE.] The clear and immediate safety hazard must be proven at a contested case hearing. The hearing must be held after the commissioner provides notice to the owner and operator of the shooting range that includes a clear and precise statement of the factual basis for alleging a safety hazard. The owner and operator of the shooting range must be given an opportunity to be heard and meet the allegation. The commissioner must make written findings and conclusions as to the hazard and whether range improvements can bring the range into compliance with the generally accepted operation practices. If the commissioner concludes that there is a clear and immediate safety hazard and the operation of the shooting range can be brought into compliance with the generally accepted operating practices with range improvements, the state agency or unit of government that permitted the development must pay for the range improvements.
Subd. 3. [CLOSURE.] If a clear and immediate safety hazard is proven as required under subdivisions 1 and 2, a shooting range may be closed by the state agency or the unit of government if the agency or unit of government closing the shooting range pays the fair market value of the range operation as a going concern to the operators and the fair market value of the land, including improvements, to the owner of the land.
Subd. 4. [RELOCATION.] Upon request by the operator of the shooting range, the agency or unit of government shall relocate the shooting range to a suitable new location if available. The agency or unit of government may use its power of eminent domain to acquire the new location.
Subd. 5. [TRANSFER OF TITLE.] The shooting range owner and operator shall transfer their interests in the property to the agency or unit of government after full and final payment under subdivision 3, or after the relocation is completed under subdivision 4.
Sec. 5. [87A.04] [IRREBUTTABLE PRESUMPTION; NUISANCE LIABILITY.]
In all relevant actions, there shall exist an irrebuttable presumption that a shooting range that is conducted in compliance with generally accepted operation practices is not a public or private nuisance and does not otherwise invade or interfere with the use and enjoyment of any other land or property.
Sec. 6. [87A.05] [SHOOTING RANGES; NOISE STANDARDS.]
A person who owns or operates or uses a shooting range in this state is subject only to the noise standards set forth in Minnesota Rules, part 7030.0040, subpart 2, in effect on March 1, 1999.
Sec. 7. [87A.06] [NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE WITH GENERALLY ACCEPTED OPERATION PRACTICES.]
A person who owns, operates, or uses a shooting range in this state which is in compliance with generally accepted operation practices is not subject to any action for nuisance, and no court of this state may enjoin or restrain the use or operation of such a range. This section does not prohibit an action for personal injury resulting from recklessness or negligence in the operation of the range or by a person using the range in a reckless or negligent manner.
Sec. 8. Minnesota Statutes 1998, section 97A.075, subdivision 1, is amended to read:
Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes of this subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 3, clauses (2), (3), and (7), and licenses issued under section 97B.301, subdivision 4. A deer license issued under section 97A.475, subdivision 2, clause (6), means the dollar amount in paragraphs (b) and (c) are doubled for deer management.
(b) At least $2 from each deer license shall be used for deer habitat improvement or deer management programs.
(c) At least $1 from each deer license and each bear license shall be used for deer and bear management programs, including a computerized licensing system. Fifty cents from each deer license is appropriated for emergency deer feeding. Money appropriated for emergency deer feeding is available until expended. When the unencumbered balance in the appropriation for emergency deer feeding at the end of a fiscal year exceeds $750,000, $750,000 is canceled to the unappropriated balance of the game and fish fund and the amount appropriated for emergency deer feeding is reduced to 25 cents from each deer license.
Sec. 9. Minnesota Statutes 1998, section 97A.475, subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $10;
(2) for persons age 65 or over, $5;
(3) to take turkey, $16;
(4) to take deer with firearms, $22;
(5) to take deer by archery, $22;
(6) to take one antlered deer by firearms and one antlered deer by archery, $44;
(7) to take moose, for a party of not more than six persons, $275;
(7) (8) to take bear, $33;
(8) (9) to take elk, for a party of not more than two persons, $220;
(9) (10) to take antlered deer in more than one zone, $44; and
(10) (11) to take Canada geese during a special season, $3.
Sec. 10. Minnesota Statutes 1998, section 97A.485, subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this section must sell the following licenses for the license fee and the following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1 $1.50;
(2) Minnesota sporting, the issuing fee is $1 $1.50; and
(3) to take small game, for a person under age 65 to take fish by angling or for a person of any age to take
fish by spearing, and to trap fur-bearing animals, the issuing fee is $1 $1.50;
(4) for a trout and salmon stamp that is not issued simultaneously with an angling or sporting license, an issuing fee of 50 cents may be charged at the discretion of the authorized seller; and
(5) for stamps other than a trout and salmon stamp, and for a special season Canada goose license, there is no fee.
(b) An issuing fee may not be collected for issuance of a trout and salmon stamp if a stamp is issued simultaneously with the related angling or sporting license. Only one issuing fee may be collected when selling more than one trout and salmon stamp in the same transaction after the end of the season for which the stamp was issued.
(c) The auditor or subagent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
Sec. 11. Minnesota Statutes 1998, section 97A.485, is amended by adding a subdivision to read:
Subd. 7a. [SUBAGENT'S COMMISSION.] A subagent appointed under subdivision 3 may retain a commission of $1.50 for each license fee collected by the subagent.
Sec. 12. Minnesota Statutes 1998, section 97A.535, subdivision 1, is amended to read:
Subdivision 1. [TAGS REQUIRED.] A person may not possess or transport deer, bear, elk, or moose taken
in the state unless a tag is attached to the carcass in a manner prescribed by the commissioner. The commissioner
must prescribe the type of tag that has the license number of the owner, the year of its issue, and other information
prescribed by the commissioner. The tag must be attached to the deer, bear, elk, or moose at the site of the kill
before the animal is removed from the site of the kill, and must remain attached to the animal until the animal is
processed for storage when:
(1) the animal is in a camp, in a place occupied overnight, or in the yard surrounding such a place; or
(2) the animal is on a motor vehicle.
Sec. 13. Minnesota Statutes 1998, section 97B.015, is amended by adding a subdivision to read:
Subd. 6. [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL DISABILITIES.] Upon the recommendation of a course instructor, the commissioner may issue a provisional firearms safety certificate to a person who satisfactorily completes the classroom portion of the firearms safety course but is unable to pass the written or an alternate format exam portion of the course because of a mental disability. The certificate is valid only when used according to section 97B.1055.
Sec. 14. Minnesota Statutes 1998, section 97B.031, subdivision 1, is amended to read:
Subdivision 1. [FIREARMS AND AMMUNITION THAT MAY BE USED TO TAKE BIG GAME.] (a) A person may take big game with a firearm only if:
(1) the rifle, shotgun, and handgun used is a caliber of at least .23 inches;
(2) the firearm is loaded only with single projectile ammunition;
(3) a projectile used is a caliber of at least .23 inches and has a soft point or is an expanding bullet type;
(4) the ammunition has a case length of at least 1.285 inches;
(5) the muzzle-loader used is incapable of being loaded at the breech;
(6) (5) the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and
(7) (6) the rifled muzzle-loader used is a caliber of at least .40 inches.
(b) A person may not take big game with a .30 caliber M-1 carbine cartridge.
(c) Notwithstanding paragraph (a), clause (4), a person may take big game with a ten millimeter
cartridge that is at least 0.95 inches in length.
Sec. 15. Minnesota Statutes 1998, section 97B.051, is amended to read:
97B.051 [TRANSPORTATION OF ARCHERY BOWS.]
A person may not transport an archery bow in a motor vehicle unless the bow is:
(1) unstrung;
(2) completely contained in a case; or
(3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not accessible from the passenger compartment.
Sec. 16. Minnesota Statutes 1998, section 97B.071, is amended to read:
97B.071 [BLAZE ORANGE REQUIREMENTS.]
(a) Except as provided in rules adopted under paragraph (c), a person may not hunt or trap during
the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion
of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange. Blaze orange
includes a camouflage pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting location, or to trappers
except during the firearms deer hunting season.
(b) Except as provided in rules adopted under paragraph (c), and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except when hunting with nontoxic shot, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange. This paragraph does not apply to a person hunting by falconry.
(c) The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public Law Number 103-141.
(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by a safety warning.
Sec. 17. [97B.1055] [HUNTING BY MENTALLY DISABLED.]
Subdivision 1. [OBTAINING A LICENSE.] (a) Notwithstanding section 97B.020, a person with a mental disability may obtain a firearms hunting license with a provisional firearms safety certificate issued under section 97B.015, subdivision 6.
(b) Any person accompanying or assisting a person with a mental disability under this section must possess a valid firearms safety certificate issued by the commissioner.
Subd. 2. [ASSISTANCE REQUIRED.] A person who obtains a firearms hunting license under subdivision 1 must be accompanied and assisted by a parent, guardian, or other adult person designated by a parent or guardian when hunting. A person who is not hunting but is solely accompanying and assisting a person with a mental disability need not obtain a hunting license.
Subd. 3. [PROHIBITED ACTIVITIES.] (a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.
(b) No person shall knowingly authorize or permit a person, who by reason of any mental disability is incapable of safely possessing a firearm, to possess a firearm to hunt in the state or on any boundary water of the state.
Sec. 18. Minnesota Statutes 1998, section 97B.106, is amended to read:
97B.106 [CROSSBOW PERMITS FOR HUNTING.]
(a) The commissioner may issue a special permit, without a fee, to take big game or turkey with a crossbow to a person that is unable to hunt by archery because of a permanent or temporary physical disability.
(b) To qualify a person for a special permit under this section, a temporary disability must render the person unable to hunt by archery for a minimum of two years after application for the permit is made. The permanent or temporary disability, established by medical evidence, and the inability to hunt by archery for the required period of time must be verified in writing by a licensed physician.
(c) A person with a permanent physical disability verified in writing by a licensed physician may apply for a special permit under this section that is valid for the life of the permit holder.
The (d) A person holding a special permit under this section must obtain the
appropriate hunting license. The crossbow used must:
(1) be fired from the shoulder;
(2) deliver at least 42 foot-pounds of energy at a distance of ten feet;
(3) have a stock at least 30 inches long;
(4) have a working safety; and
(5) be used with arrows or bolts at least ten inches long with a broadhead.
Sec. 19. Minnesota Statutes 1998, section 97B.301, subdivision 1, is amended to read:
Subdivision 1. [LICENSES REQUIRED.] A person may not take deer without a license. A person must have a firearms deer license or a combined firearms and archery antlered deer license to take deer with firearms and an archery deer license or a combined firearms and archery antlered deer license to take deer by archery except as provided in this section.
Sec. 20. Minnesota Statutes 1998, section 97B.301, subdivision 2, is amended to read:
Subd. 2. [LIMIT OF ONE DEER.] Except as provided in subdivisions 3 and, 4, and
7, a person may obtain one firearms deer license and one archery deer license in the same license year, but may
take only one deer.
Sec. 21. Minnesota Statutes 1998, section 97B.301, is amended by adding a subdivision to read:
Subd. 7. [EFFECT OF COMBINED LICENSE.] A license to take antlered deer by firearms and by archery authorizes the taking of one antlered deer by each method. A licensee must comply with all laws and rules of the commissioner governing the method used to take each deer.
Sec. 22. [EFFECTIVE DATE.]
Sections 1 to 7 are effective the day following final enactment."
Amend the title accordingly
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 868, A bill for an act relating to crime prevention; amending the theft law to specifically apply to certain situations involving the rental of personal property or equipment; amending Minnesota Statutes 1998, section 609.52, subdivisions 1 and 2.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 879, A bill for an act relating to governmental operations; providing for regulatory relief for local units of government; proposing coding for new law in Minnesota Statutes, chapter 14.
Reported the same back with the following amendments:
Page 2, line 4, after the period, insert "Section 14.389, subdivision 5, applies."
Page 2, lines 7 and 8, delete "in the rule being petitioned" and insert "when the petitioned rule was adopted or amended"
Page 2, line 20, after "hearing" insert "and issue a decision"
Page 2, line 27, delete everything after the period and insert "A rule or portion of a rule is needed and reasonable if that specific rule or portion of a rule is required by federal law or required to maintain authority to administer a federal program.
(e) This paragraph applies if the administrative law judge determines that the agency has not established the continued need for and reasonableness of the rule or portion of the rule.
(1) Unless the agency has published notice in the State Register of intent to amend or repeal the rule as provided by this paragraph, the rule does not have the force of law, effective 90 days after the administrative law judge's decision, or upon the next adjournment of an annual legislative session after the administrative law judge's decision, whichever is later.
(2) The agency may amend or repeal the rule in the manner requested by the petitioner, or in another manner that the administrative law judge has determined is needed and reasonable. Amendments under this clause may be adopted under the expedited process in section 14.389. Section 14.389, subdivision 5, applies to this adoption. If the agency uses the expedited process and no public hearing is required, the agency must complete the amendment or repeal of the rule within 90 days of the administrative law judge's decision under paragraph (d). If a public hearing is required, the agency must complete the amendment or repeal of the rule within 180 days of the administrative law judge's decision under paragraph (d). A rule or portion of a rule that is not amended or repealed in the time deadline in this clause does not have the force of law upon expiration of the deadline. A rule that is amended under this clause has the force of law, as amended."
Page 2, delete lines 28 to 33
Page 2, line 34, delete everything before "The" and insert:
"(f)"
Page 2, line 35, after "decision" insert "under paragraph (d)"
Page 3, delete lines 4 to 7
Page 3, line 8, delete "(f)" and insert "(g)"
Page 3, line 10, delete "this section" and insert "paragraph (d)"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Mares from the Committee on Education Policy to which was referred:
H. F. No. 923, A bill for an act relating to education; requiring schools and libraries that provide Internet access to restrict certain materials from minors; requiring school districts to adopt or amend policies on Internet use; proposing coding for new law in Minnesota Statutes, chapters 125B; and 134.
Reported the same back with the following amendments:
Page 1, line 10, delete "district"
Page 1, line 18, delete "public"
With the recommendation that when so amended the bill be re-referred to the Committee on K-12 Education Finance without further recommendation.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 931, A bill for an act relating to taxation; providing for the taxation of local government units under a cooperation and combination plan; amending Minnesota Statutes 1998, section 465.82, by adding a subdivision.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 949, A bill for an act relating to health occupations; clarifying licensure requirements for the practice of midwifery; proposing coding for new law as Minnesota Statutes, chapter 147D; repealing Minnesota Statutes 1998, sections 148.30; 148.31; and 148.32; Minnesota Rules, parts 5600.2000; and 5600.2100.
Reported the same back with the following amendments:
Page 3, line 31, after "the" insert "licensed"
Page 4, line 1, after "a" insert "licensed" and after the first "the" insert "licensed"
Page 4, line 3, after "a" insert "licensed"
Page 4, lines 20, 26, and 29, after "A" insert "licensed"
Page 5, lines 18, 19, 21, 24, 29, and 33, after "the" insert "licensed"
Page 6, line 4, after "a" insert "licensed"
Page 6, line 17, after "the" insert "licensed"
Page 6, line 19, after the first "and" insert "licensed"
Page 6, line 23, after the first "the" insert "licensed"
Page 7, line 35, after "the" insert "licensed"
Page 7, line 36, after the first "the" insert "licensed"
Page 16, line 12, after "regarding" insert "licensed"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 963, A bill for an act relating to firefighters; authorizing certain background investigations; requiring disclosures of certain employment information; providing civil and criminal penalties; providing employers immunity for certain disclosures; amending Minnesota Statutes 1998, section 604A.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299F.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Crime Prevention.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 971, A bill for an act relating to state lands; authorizing private conveyance of certain surplus state land.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources shall convey for no consideration to the adjoining landowner the land that is described in paragraph (c).
(b) The conveyance must be in a form approved by the attorney general.
(c) The land to be conveyed is located in Rock county and is described as:
That part of the Northwest Quarter of Section 13, Township 103 North, Range 45 West, described as follows:
Commencing at the West Quarter corner of Section 13; thence North 00 degrees 17 minutes 27 seconds West (assumed bearing) along the west line of the Northwest Quarter of said section a distance of 128.17 feet to the point of beginning; thence continuing North 00 degrees 17 minutes 27 seconds West along said west line a distance of 11.84 feet; thence South 89 degrees 28 minutes 55 seconds East a distance of 1474.45 feet; thence South 00 degrees 17 minutes 27 seconds East a distance of 25.29 feet to an iron stake with DNR cap; thence North 88 degrees 57 minutes 33 seconds West along an existing fence line a distance of 1092.38 feet to an iron stake; thence continuing North 88 degrees 57 minutes 33 seconds West along said fence line extended a distance of 382.32 feet to said point of beginning.
Said tract is subject to a roadway easement and any other easements of record if any."
Delete the title and insert:
"A bill for an act relating to state lands; authorizing private conveyance of certain state land."
With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Finance without further recommendation.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 979, A bill for an act relating to landlords and tenants; providing that landlords may apportion utility payments among residential units; amending Minnesota Statutes 1998, section 504.185, subdivision 1a.
Reported the same back with the following amendments:
Page 1, line 25, after the period, insert "If the owner of a single-metered residential building bills for utility charges separately from the rent, the method of apportionment must be predetermined and made a part of the oral or written lease.
Sec. 2. [INSTRUCTION TO THE REVISOR.]
The revisor of statutes is instructed to incorporate this act into Minnesota Statutes, section 504A.131, and its successor section should one be enacted."
Page 2, line 1, delete "2" and insert "3"
Page 2, line 2, delete the period, and insert ", except that the provision requiring the method of apportionment to be made part of the lease is effective with residential leases entered into or renewed on or after August 1, 1999."
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 1022, A bill for an act relating to insurance; transferring regulatory authority over health maintenance organizations and similar entities to the commissioner of commerce; making conforming changes; amending Minnesota Statutes 1998, sections 60B.02; 60B.03, subdivisions 2 and 4; 60B.15; 60B.20; 60G.01, subdivisions 2 and 4; 62A.61; 62D.01, subdivision 2; 62D.02, subdivision 3; 62D.03, subdivisions 1, 3, and 4; 62D.04, subdivisions 1, 2, 4, and by adding a subdivision; 62D.05, subdivision 6; 62D.06, subdivision 2; 62D.07, subdivisions 2, 3, and 10; 62D.08, subdivisions 1, 2, 3, 4, and 5; 62D.09, subdivisions 1 and 8; 62D.10, subdivision 4; 62D.11, subdivisions 1b, 2, 3, and by adding a subdivision; 62D.12, subdivisions 1, 2, and 9; 62D.121, subdivisions 3a and 7; 62D.14, subdivisions 1, 3, 4, 5, and 6; 62D.15, subdivisions 1 and 4; 62D.16, subdivisions 1 and 2; 62D.17, subdivisions 1, 3, 4, and 5; 62D.18, subdivisions 1 and 7; 62D.19; 62D.20, subdivision 1; 62D.21; 62D.211; 62D.22, subdivisions 4 and 10; 62D.24; 62D.30, subdivisions 1 and 3; 62L.02, subdivision 8; 62L.05, subdivision 12; 62L.08, subdivisions 10 and 11; 62M.11; 62M.16; 62N.02, subdivision 4; 62N.26; 62N.31, subdivision 1; 62Q.01, subdivision 2; 62Q.07; 62Q.075, subdivision 4; 62Q.105, subdivisions 6 and 7; 62Q.11; 62Q.22, subdivisions 2, 6, and 7; 62Q.32; 62Q.51, subdivision 3; 62Q.525, subdivision 3; 62R.04, subdivision 5; 62R.25; 62T.01, subdivision 4; and 72A.139, subdivision 2; repealing Minnesota Statutes 1998, sections 62D.18; 62L.11, subdivision 2; and 62Q.45, subdivision 1.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 1046, A bill for an act relating to motor vehicles; requiring commissioner of public safety to impose commercial driver's license disqualifications for violations of an out-of-service order; requiring commissioner of transportation to impose civil penalties for violations of an out-of-service order; amending Minnesota Statutes 1998, sections 171.165, by adding a subdivision; and 221.036, subdivision 3.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Civil Law.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1051, A bill for an act relating to employment; requiring the commissioner of economic security to collect certain information about employment and training programs.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 1072, A resolution memorializing the President and Congress to enact legislation to close the United States Army School of the Americas, a United States Army training facility, located at Fort Benning, Georgia.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1101, A bill for an act relating to drainage; providing for notification to owner when survey is made; modifying the number of signatures required for a petition; amending Minnesota Statutes 1998, sections 103E.061; and 103E.215, subdivision 4.
Reported the same back with the following amendments:
Page 1, line 14, after "first" insert "attempting to"
Page 1, line 15, delete "notifying" and insert "notify"
Page 1, line 18, delete "and" and insert "or"
Page 1, line 19, delete "attempt to"
Page 1, line 20, delete "entry" and insert "departure"
Pages 1 and 2, delete section 2
Amend the title as follows:
Page 1, line 3, delete everything after the semicolon
Page 1, line 4, delete everything before "amending"
Page 1, line 5, delete "sections" and insert "section" and delete everything after "103E.61" and insert a period
Page 1, delete line 6
With the recommendation that when so amended the bill pass.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1156, A bill for an act relating to housing; providing incentives for a voluntary inclusionary housing policy for the metropolitan area; defining an inclusionary housing policy; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 473.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [462A.2093] [INCLUSIONARY HOUSING PROGRAM.]
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them in this subdivision.
(a) "Municipality" means a town or a statutory or home rule charter city.
(b) "Nonmetropolitan" means the area of the state outside of the area over which the metropolitan council has jurisdiction.
(c) "Inclusionary housing development" means a residential development meeting the requirements of section 473.255.
Subd. 2. [INCLUSIONARY HOUSING GRANT ALLOCATION.] The housing finance agency shall use the funds allocated in section 4 to the community rehabilitation account or the affordable rental investment fund for the purposes of promoting inclusionary housing in nonmetropolitan municipalities. A grant application must at a minimum include the location of the inclusionary housing development, the type of housing to be produced, the number of affordable units to be produced, the monthly rent or purchase price of the affordable units, and the incentives provided by the municipality to achieve development of the affordable units. The application must include a resolution of support from the municipality in which the inclusionary development is located. The participating developer will also submit a letter of support.
Sec. 2. Minnesota Statutes 1998, section 473.251, is amended to read:
473.251 [METROPOLITAN LIVABLE COMMUNITIES FUND.]
The metropolitan livable communities fund is created and consists of the following accounts:
(1) the tax base revitalization account;
(2) the livable communities demonstration account; and
(3) the local housing incentives account; and
(4) the inclusionary housing account.
Sec. 3. [473.255] [INCLUSIONARY HOUSING ACCOUNT.]
Subdivision 1. [DEFINITIONS.] For the purpose of this section, the terms defined in this section have the meanings given them.
(a) "Affordable rental housing" means rental housing units having a monthly rent of no more than the amount determined by:
(1) multiplying 30 percent of the area annual median income by 0.3; and
(2) dividing the product obtained in clause (1) by 12.
(b) "Affordable homes" means owner-occupied homes having a monthly mortgage payment of principal and interest of no more than the amount determined by:
(1) multiplying 50 percent of the area annual median income by 0.3; and
(2) dividing the product obtained in clause (1) by 12.
(c) "Inclusionary housing development" means a new construction development of single-family or multiple-family residences containing a total of 30 or more units located on a single parcel of land and having at least 15 percent of its owner-occupied housing consist of affordable homes and at least ten percent of its rental housing consist of affordable rental housing.
(d) "Municipality" means a statutory or home rule charter city or town participating in the local housing incentives program under section 473.254.
Subd. 2. [INCLUSIONARY HOUSING INCENTIVES.] The metropolitan council may work with municipalities and developers to provide incentives to inclusionary housing developments such as waiver of service availability charges and other regulatory incentives that would result in identifiable cost avoidance or reductions for an inclusionary housing development.
Subd. 3. [INCLUSIONARY HOUSING GRANTS.] The council shall use funds in the inclusionary housing account to make grants or loans to municipalities to fund the production of inclusionary housing developments. In evaluating grant or loan applications, the council shall give priority to projects in municipalities that offer the following incentives to assist in the production of inclusionary housing. Such incentives include but are not limited to: density bonuses, reduced setbacks and parking requirements, decreased roadwidths, flexibility in site development standards and zoning code requirements, waiver of permit or impact fees, fast-track permitting and approvals, or any other regulatory incentives that would result in indentifiable cost avoidance or reductions that contribute to the economic feasibility of inclusionary housing.
Subd. 4. [GRANT APPLICATION.] A grant application must at a minimum include the location of the inclusionary development, the type of housing to be produced, the number of affordable units to be produced, the monthly rent or purchase price of the affordable units, and the incentives provided by the municipality to achieve development of the affordable units. The application must include a resolution of support from the municipality in which the inclusionary development is located. The participating developer will also submit a letter of support.
Sec. 4. [APPROPRIATION.]
Subdivision 1. [INCLUSIONARY HOUSING ACCOUNT.] $....... is appropriated from the general fund for the biennium ending June 30, 2001.
Of this amount, one-half is appropriated to the metropolitan council for deposit in the inclusionary housing account in the metropolitan livable communities fund for the purposes of that account. This appropriation does not cancel and is available until expended.
Of this amount, one-half is for transfer to the housing development fund for the community rehabilitation fund program under Minnesota Statutes, section 462A.206, and the affordable rental investment fund program under Minnesota Statutes, section 462A.21, subdivision 8b, for projects that meet the requirements of Minnesota Statutes, section 462A.2093.
Subd. 2. [MARKETING TO COMMUNITIES OF COLOR.] $....... is appropriated from the general fund to the metropolitan council for deposit in the inclusionary housing account in the metropolitan livable communities fund. The appropriation must be used to market qualifying developments to communities of color. The appropriation does not cancel and is available until expended."
Amend the title as follows:
Page 1, line 5, after the second semicolon, insert "amending Minnesota Statutes 1998, section 473.251;"
Page 1, line 6, delete "chapter" and insert "chapters 462A; and"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1256, A bill for an act relating to economic security; appropriating money for youth employment programs; modifying youth employment program provisions; amending Minnesota Statutes 1998, sections 268.361, subdivision 7; 268.362, subdivision 2; 268.363; and 268.365, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 1272, A bill for an act relating to courts; providing for state funding of certain programs and personnel; providing for state funding of court administration costs in specified judicial districts; requesting further study; establishing collective bargaining provisions for court employees; imposing taxes; appropriating money; amending Minnesota Statutes 1998, sections 43A.02, subdivision 25; 43A.24, subdivision 2; 97A.065, subdivision 2; 179A.03, subdivisions 7, 14, 15, and by adding a subdivision; 179A.06, subdivision 2; 179A.10, subdivision 4; 179A.12, subdivision 4; 179A.22, subdivisions 2 and 3; 243.50; 253B.23, subdivisions 1 and 8; 257.69, subdivision 2; 260.251, subdivisions 2 and 5; 260.56; 273.1398, by adding a subdivision; 299D.03, subdivision 5; 357.021, subdivision 1a; 466.01, subdivision 6; 480.181, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 485.018, subdivisions 2, 5, and 6; 485.03; 485.27; 487.02, subdivision 2; 487.10, subdivision 4; 487.32, subdivision 3; 487.33, subdivision 5; 518.165, subdivision 3; 546.13; 546.44, subdivision 3; 563.01, subdivisions 2, 9, and 10; 574.34, subdivision 1; and 611.33, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 179A; and 480; repealing Minnesota Statutes 1998, sections 357.021, subdivision 2a; and 563.01, subdivision 1.
Reported the same back with the following amendments:
Page 24, line 4, before "costs" insert "statutory court"
Page 24, line 9, before "costs" insert "statutory court"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1276, A bill for an act relating to water; modifying board membership on watershed management organizations; amending Minnesota Statutes 1998, section 103B.227, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 16, after the period, insert "After December 31, 1999,"
With the recommendation that when so amended the bill pass.
The report was adopted.
Molnau from the Committee on Transportation Finance to which was referred:
H. F. No. 1285, A bill for an act relating to taxation; exempting agricultural aircraft from registration tax; amending Minnesota Statutes 1998, section 360.55, by adding a subdivision.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1287, A bill for an act relating to regional planning; providing a grant to the city of Mankato for the Mankato area growth management and planning study; appropriating money.
Reported the same back with the following amendments:
Page 1, line 20, delete "Decerta" and insert "Decoria"
Page 1, lines 23 and 24, delete "address the following" and insert "develop information and analysis to provide guidance on such issues as"
Page 2, line 11, after the semicolon, insert "and"
Page 2, delete lines 12 to 14
Page 2, line 15, delete "(9)" and insert "(8)"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1293, A bill for an act relating to Washington county; delaying an expiration date on certain "droplist" legislation; amending Laws 1997, First Special Session chapter 3, section 27.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1326, A bill for an act relating to human services; modifying licensing and reporting requirements; amending Minnesota Statutes 1998, sections 245A.04, subdivisions 3a and 3b; 245A.05; 245A.08, subdivision 5; 256E.08, by adding a subdivision; and 626.556, subdivisions 10b, 10i, and 11c.
Reported the same back with the following amendments:
Page 1, line 19, delete "or foster care for children" and insert "day care or group family day care"
Page 2, lines 14 and 15, delete the new language
Pages 4 and 5, delete section 2
Pages 8 and 9, delete section 3
Pages 10 and 11, delete section 6
Page 12, line 17, delete "held" and insert "scheduled"
Amend the title as follows:
Page 1, line 4, delete "subdivisions" and insert "subdivision" and delete "and 3b"
Page 1, line 5, delete "245A.05;"
Page 1, line 6, delete "10b,"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 1341, A bill for an act relating to the Minnesota amateur sports commission; authorizing grants for certain athletic facilities and programs; dedicating the use of a portion of excise and use tax receipts; appropriating money; amending Minnesota Statutes 1998, section 297A.44, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 240A.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1369, A bill for an act relating to political subdivisions; providing that certain checks of a political subdivision are exempt from Minnesota Statutes, sections 345.31 to 345.60; amending Minnesota Statutes 1998, section 345.38, by adding a subdivision.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1404, A bill for an act relating to game and fish; modifying migratory waterfowl refuge provisions; designating a migratory waterfowl refuge; amending Minnesota Statutes 1998, section 97A.095, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 17, reinstate the stricken language and delete "except" and insert "by or"
Page 2, after line 15, insert:
"Sec. 3. [REPEAL OF COMMISSIONER'S ORDER.]
The order from the commissioner of conservation dated September 26, 1955, designating the migratory waterfowl refuge on Swan lake is repealed."
With the recommendation that when so amended the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1415, A bill for an act relating to natural resources; providing for gray wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; and 97B.645; proposing coding for new law in Minnesota Statutes, chapter 97B.
Reported the same back with the following amendments:
Page 3, line 13, delete "written and signed"
Page 4, line 15, delete "trapping" and insert "taking"
With the recommendation that when so amended the bill pass.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1429, A bill for an act relating to appropriations; authorizing state bonds; appropriating money to rebuild and fortify the historic Territorial Prison Wall in Stillwater.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1449, A bill for an act relating to human services; changing criteria for granting a variance for day training and habilitation rates; amending Minnesota Statutes 1998, section 252.46, subdivision 6.
Reported the same back with the following amendments:
Page 3, line 22, after "vendor" insert "and with the concurrence of the commissioner"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1477, A bill for an act relating to the environment; modifying and making permanent the environmental improvement pilot program; amending Minnesota Statutes 1998, sections 114C.20; 114C.21, subdivisions 1, 4, and by adding subdivisions; 114C.22; 114C.24, subdivisions 2, 3, 4, and 5; 114C.25; 114C.26; 114C.27; and 114C.28; repealing Minnesota Statutes 1998, sections 114C.21, subdivisions 9 and 11; 114C.29; 114C.30; and 114C.31.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1508, A bill for an act relating to the environment; providing for mercury reduction; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116.
Reported the same back with the following amendments:
Page 1, line 17, delete "......." and insert "March 15, 1999"
Page 2, after line 8, insert:
"Sec. 3. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1521, A bill for an act relating to water; appropriating money for sustainable lakes.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1537, A bill for an act relating to joint powers agreements; adding the University of Minnesota as a governmental unit; amending Minnesota Statutes 1998, section 471.59, subdivision 1.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Higher Education Finance.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1538, A bill for an act relating to townships; authorizing creation of a capital reserve fund; amending Minnesota Statutes 1998, section 365.10, by adding a subdivision.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1544, A bill for an act relating to local government; providing exemption for governmental units to jointly or cooperatively contract in amounts estimated not to exceed $25,000; amending Minnesota Statutes 1998, section 471.59, subdivision 1.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:
H. F. No. 1556, A bill for an act relating to state government; extending the civil service pilot project in the housing finance agency; amending Laws 1993, chapter 301, section 1, subdivision 4; and Laws 1995, chapter 248, article 12, section 2.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1562, A bill for an act relating to human services; modifying provisions for developmental disabilities; clarifying the intent of consolidated standards and expanding the standards to respite sites; clarifying who may administer medication; requiring written authorization for safekeeping of consumer funds; changing provisions for the family support program and personal care services; amending Minnesota Statutes 1998, sections 245B.05, subdivision 7; 245B.07, subdivisions 5, 8, and 10; 252.32, subdivision 3a; 256B.04, subdivision 16; 256B.0625, subdivisions 6a and 19c; 256B.0627, subdivisions 1, 2, 4, 5, 8, and by adding subdivisions; 256B.501, subdivision 8a; and 256B.77, subdivisions 7a, 8, 10, 14, and by adding subdivisions.
Reported the same back with the following amendments:
Page 30, line 35, after "allow" insert "for the flexible use of personal care assistant hours. "Flexible use" means"
Page 30, line 36, delete "to" and insert "which"
Page 31, line 4, after "flexibly" insert "within the service authorization period"
Page 31, line 15, after the comma, insert "shall determine whether flexible use is an appropriate option based on the needs and preferences of the recipient or responsible party, and, if appropriate,"
Page 31, line 19, before "plan" insert "written month-to-month"
Page 31, after line 24, insert:
"(c) if the actual use of personal care assistant service varies significantly from the use projected in the plan, the written plan must be updated by the recipient or responsible party and the county public health nurse."
Page 31, line 25, delete "(c)" and insert "(d)"
Page 31, after line 31, insert:
"(e) The recipient or responsible party may revoke the authorization for flexible use of hours by notifying the provider and the county public health nurse in writing."
Page 31, line 32, delete "(d)" and insert "(f)" and delete "(c)" and insert "(e)"
Page 32, line 24, after "assistant" insert "in areas that do not require professional delegation as determined by the county public health nurse"
Page 32, line 25, after "assistant" insert "in areas that do not require professional delegation as determined in the assessment"
Page 32, after line 28, insert:
"(6) hire a qualified professional to train and supervise the performance of delegated tasks done by the personal care assistant;"
Renumber the remaining clauses in sequence
Page 33, line 31, before the period, insert ", and supervise the performance of delegated tasks, as determined by the public health nurse"
Page 35, line 5, after "annually" insert ", or when there is a significant change in the recipient's condition or change in the need for personal care assistant services. The county public health nurse shall determine the services that require professional delegation, if any, and the amount and frequency of related supervision"
Page 39, line 28, delete the new language and strike "by" and insert "maintain a license from"
Page 39, line 30, after the stricken "provide" insert "for the residence when providing crisis services"
Page 44, line 24, strike "of" and insert "after"
Page 44, line 27, strike the second "of" and insert "after"
Page 50, line 9, after "5" insert ", with the permission of an eligible individual,"
Page 50, lines 10 and 11, delete "during the period from July 1, 1999, to July 1, 2000" and insert "beginning 60 calendar days prior to an individual's enrollment"
Amend the title as follows:
Page 1, lines 4 and 5, delete "and expanding the standards to respite sites"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Davids from the Committee on Commerce to which was referred:
H. F. No. 1564, A bill for an act relating to commerce; providing enforcement authority for the commissioner; regulating service of process; regulating residential building contractors and remodelers; providing criminal penalties; amending Minnesota Statutes 1998, sections 45.027, subdivisions 6 and 7; 45.028, subdivision 2; 60B.04, by adding a subdivision; 80A.15, subdivision 2; 326.83, subdivision 18; 326.89, subdivision 3; 326.92, by adding a subdivision; 326.94, subdivision 2; and 332.37; proposing coding for new law in Minnesota Statutes, chapters 60B; and 82B; repealing Minnesota Statutes 1998, section 326.89, subdivision 3a.
Reported the same back with the following amendments:
Pages 4 to 6, delete sections 4 and 5
Page 19, line 20, delete "5, 7 to 10, 12, and 13" and insert "3, 5 to 8, 10, and 11"
Page 19, line 21, delete "6 and 11" and insert "4 and 9"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 7, delete everything after the second semicolon
Page 1, line 8, delete "subdivision;"
Page 1, line 12, delete "chapters 60B; and" and insert "chapter"
With the recommendation that when so amended the bill pass.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1566, A bill for an act relating to health; modifying provisions of the Clean Indoor Air Act; amending Minnesota Statutes 1998, sections 144.412; 144.413, subdivisions 1 and 2; 144.414, subdivisions 1 and 2; 144.415; 144.416; 144.4165; and 144.417, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 144.413, subdivision 2, is amended to read:
Subd. 2. [PUBLIC PLACE.] "Public place" means any enclosed, indoor area used by the general public or
serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial
establishments, public conveyances, educational facilities other than public schools, as defined in section 120A.05,
subdivision subdivisions 9, 11, and 13, hospitals, nursing homes, auditoriums, arenas,
meeting rooms, and common areas of rental apartment buildings, but excluding private, enclosed offices occupied
exclusively by smokers even though such offices may be visited by nonsmokers.
Sec. 2. Minnesota Statutes 1998, section 144.414, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC PLACES.] No person shall smoke in a public place or at a public meeting except
in designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for
a private social function and seating arrangements are under the control of the sponsor of the function and not of
the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to factories,
warehouses, and similar places of work not usually frequented by the general public, except that the state
commissioner of health shall establish rules to restrict or prohibit smoking in those places of work where the close
proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort
of nonsmoking employees.
Sec. 3. Minnesota Statutes 1998, section 144.4165, is amended to read:
144.4165 [TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.]
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product in a public
school, as defined in section 120A.05, subdivision subdivisions 9, 11, and 13. This
prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of tobacco by an adult as
a part of a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is a person who
is a member of an Indian tribe as defined in section 257.351, subdivision 9.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to health; modifying the Clean Indoor Air Act; revising the definition of public places; amending Minnesota Statutes 1998, sections 144.413, subdivision 2; 144.414, subdivision 1; and 144.4165."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1577, A bill for an act relating to economic security; appropriating money for training for people with disabilities.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1603, A bill for an act relating to the environment; modifying the landfill cleanup program; repealing certain obsolete accounting and reporting requirements; amending Minnesota Statutes 1998, sections 115A.554; 115A.918, subdivision 1; 115B.39, subdivision 2; 115B.40, subdivisions 2, 3, 4, 5, 6, 7, and 8; 115B.405, subdivision 1; 115B.412, subdivision 3; 115B.42; 115B.43, subdivision 1; 115B.442, by adding a subdivision; and 115B.445; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1998, sections 115A.929; 115A.981; 297H.13, subdivision 6; and 473.845, subdivision 2.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1621, A bill for an act relating to the environment; modifying provisions relating to judicial review of agency decisions; modifying requirements for incinerator monitors; amending Minnesota Statutes 1998, sections 115.05, subdivision 11; and 116.85, subdivision 3.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1624, A bill for an act relating to appropriations; appropriating money for the Minnesota Association of Resource Conservation and Development.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1660, A bill for an act relating to health occupations; exempting persons employed by a nonprofit organization performing duties that are incidental to research from the unlawful practice of medicine; amending Minnesota Statutes 1998, section 147.09.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1692, A bill for an act relating to natural resources; appropriating money for the Chub lake scientific and natural area.
Reported the same back with the following amendments:
Page 1, line 9, delete "scientific and"
Amend the title as follows:
Page 1, line 3, delete "scientific and"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 1805, A bill for an act relating to waters; implementing a joint powers agreement for St. Louis, Carlton, and Lake counties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.
Reported the same back with the following amendments:
Page 7, after line 19, insert:
"Sec. 10. [LOCAL APPROVAL.]
Sections 1 to 9 are effective the day after a certificate of approval under Minnesota Statutes, section 645.021, subdivision 3, is filed by the last of the local government units subject to this act."
Renumber the sections in sequence
Correct internal references
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.
The report was adopted.
Mares from the Committee on Education Policy to which was referred:
H. F. No. 1875, A bill for an act relating to education; reinstating the state board of education; providing for the election of members to the state board; amending Minnesota Statutes 1998, section 127A.60, subdivisions 1, 2, 3, and by adding a subdivision; repealing Laws 1998, chapter 398, articles 5, sections 55 and 56; and 6, sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 38, paragraph (a).
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [127A.605] [EDUCATIONAL ACCOUNTABILITY COUNCIL.]
Subdivision 1. [CREATION; APPOINTMENT.] (a) The educational accountability council consists of nine members appointed as follows:
(1) three members appointed by the governor with the advice and consent of the senate;
(2) three members appointed by the house, two of whom the speaker shall appoint and one of whom the house minority leader shall appoint; and
(3) three members appointed by the senate, two of whom the committee on committees shall appoint and one of whom the senate minority leader shall appoint.
(b) The commissioner shall serve as an ex officio member of the council and as council chair.
(c) Membership terms, compensation, removal of members, and filling of vacancies are governed by section 15.0575.
Subd. 2. [DUTIES.] (a) The council shall advise the commissioner and the legislature on matters affecting state education policy and related short- and long-term education planning.
(b) The council may adopt new rules and amend them or may amend any existing rules only under specific authority. The council may make technical changes or corrections to adopted rules without specific authority.
(c) Upon the request of an affected person or entity, the council may review the decisions of the commissioner under sections 127A.41 and 127A.42 and issue a council decision. A council decision may be appealed to the Minnesota court of appeals.
(d) The council shall assume the duties of the state board of education affecting charter schools under section 124D.10.
Sec. 2. [REVISOR INSTRUCTION.]
Notwithstanding other law to the contrary, in the next and subsequent editions of Minnesota Statutes and Minnesota Rules, all references to the state board of education shall be changed to the educational accountability council, and all references to the commissioner under Minnesota Statutes, section 124D.896, shall be changed to the educational accountability council, consistent with section 1. The changes made by the revisor shall be effective December 31, 1999.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to education; providing for an educational accountability council; conferring powers and duties including rulemaking authority; proposing coding for new law in Minnesota Statutes, chapter 127A."
With the recommendation that when so amended the bill be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy without further recommendation.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1933, A bill for an act relating to human services; establishing a task force to develop a new day training and habilitation payment rate structure with technical assistance from the commissioner of human services.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.
The report was adopted.
H. F. Nos. 16, 132, 142, 143, 359, 484, 645, 717, 777, 868, 979, 1051, 1072, 1101, 1276, 1326, 1369, 1404, 1415, 1538, 1544, 1556, 1564, 1621 and 1660 were read for the second time.
The following House Files were introduced:
Wenzel, Broecker, Carruthers, Fuller and Paulsen introduced:
H. F. No. 2134, A bill for an act relating to crime prevention; creating a criminal gang prosecution council to support work of the Minnesota criminal gang council and strike force, prosecute crimes committed by criminal gangs throughout the state, and develop criminal gang prosecution guidelines; providing the attorney general jurisdiction to prosecute criminal gang cases referred by the Minnesota gang oversight council or Minnesota gang strike force; amending Minnesota Statutes 1998, sections 8.01; and 299A.64, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Holsten, Milbert, Davids, Molnau and Osthoff introduced:
H. F. No. 2135, A bill for an act relating to appropriations; appropriating money for youth sports, natural resources, agriculture, and wastewater funding.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Holsten introduced:
H. F. No. 2136, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of Bayport for a storm sewer reconstruction project; authorizing issuance of bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Jennings, Wolf, Davids, Gunther and Huntley introduced:
H. F. No. 2137, A bill for an act relating to telecommunications; providing a regulatory structure for a competitive industry with a rapidly evolving technology; proposing coding for new law as Minnesota Statutes, chapter 237A; repealing Minnesota Statutes, chapters 237; and 238.
The bill was read for the first time and referred to the Committee on Commerce.
Dempsey; Jaros; Clark, J.; Dawkins and Seagren introduced:
H. F. No. 2138, A bill for an act relating to taxation; providing an income tax credit for expenditures for historic structure rehabilitation; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Taxes.
Murphy, Stanek and Mares introduced:
H. F. No. 2139, A bill for an act relating to retirement; modifying the definition of "average salary" for certain plans; amending Minnesota Statutes 1998, sections 352.115, subdivision 2; 352.12, subdivision 2a; 352.93, subdivision 1; and 352B.01, subdivision 11.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Westfall introduced:
H. F. No. 2140, A bill for an act relating to natural resources; appropriating money to mitigate flood damage in Cromwell township.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Kalis, Holsten and Osthoff introduced:
H. F. No. 2141, A bill for an act relating to natural resources; appropriating money for stream bank stabilization in St. Clair.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Tingelstad introduced:
H. F. No. 2142, A bill for an act relating to appropriations; appropriating money for the DARE advisory council.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
Kahn introduced:
H. F. No. 2143, A bill for an act relating to state government; directing the commissioner of administration to study the feasibility and potential benefits of establishing a state travel office.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Kahn and Carlson introduced:
H. F. No. 2144, A bill for an act relating to education; exempting an incumbent regent of the University of Minnesota from evaluation by the regent candidate advisory council; amending Minnesota Statutes 1998, section 137.0245, subdivision 3.
The bill was read for the first time and referred to the Committee on Education Policy.
Nornes introduced:
H. F. No. 2145, A bill for an act relating to state lands; authorizing conveyance of certain surplus state land in Otter Tail county.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Nornes introduced:
H. F. No. 2146, A bill for an act relating to taxes; sales and use taxes; exempting the purchases of materials and supplies used in construction of a community center in Fergus Falls; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Nornes and Westfall introduced:
H. F. No. 2147, A bill for an act relating to education; increasing distance factor for sparsity revenue; amending Minnesota Statutes 1998, section 126C.10, subdivision 6.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Workman introduced:
H. F. No. 2148, A resolution for the purpose of reaffirming the sovereignty of the states and of the people, and proposing principles by which the sovereignty of the states and of the people may be restored to their original intention under the Constitution of the United States.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Workman introduced:
H. F. No. 2149, A bill for an act relating to taxation; reducing the general rate of the sales and use tax and the sales tax on motor vehicles; amending Minnesota Statutes 1998, section 297A.02, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Workman introduced:
H. F. No. 2150, A bill for an act relating to fair campaign practices; prohibiting negative checkoff plans or schemes; amending Minnesota Statutes 1998, section 211B.15, subdivision 16.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Dehler introduced:
H. F. No. 2151, A bill for an act relating to education; establishing a trust fund at the University of Minnesota for grants to health sciences students; appropriating cigarette tax revenue; amending Minnesota Statutes 1998, section 297F.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 137.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Otremba; Abeler; Koskinen; McCollum; Dorn; Seifert, J., and Luther introduced:
H. F. No. 2152, A bill for an act relating to health; appropriating money for cancer awareness and prevention; classifying certain health data.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Gray, Kelliher and Orfield introduced:
H. F. No. 2153, A bill for an act relating to taxation; including the Middle Mississippi River Watershed Management Organization in the definition of special taxing districts for purposes of property taxation and state aids; amending Minnesota Statutes 1998, section 275.066.
The bill was read for the first time and referred to the Committee on Taxes.
Fuller introduced:
H. F. No. 2154, A bill for an act relating to transportation; specifically authorizing appropriations for road approaches for local bridges from previous transportation bonding authorization; amending Laws 1998, chapter 404, section 17, subdivision 2.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Vandeveer introduced:
H. F. No. 2155, A bill for an act relating to education; providing for grants for supplemental literacy programs; appropriating money.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Reuter introduced:
H. F. No. 2156, A bill for an act relating to civil actions; regulating economic loss arising from the sale of goods; amending Minnesota Statutes 1998, section 604.10; repealing Laws 1998, First Special Session chapter 2.
The bill was read for the first time and referred to the Committee on Civil Law.
Murphy and Mares introduced:
H. F. No. 2157, A bill for an act relating to retirement; modifying actuarial cost allocation by the legislative commission on pensions and retirement; amending Minnesota Statutes 1998, section 3.85, subdivision 12.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Swenson, Stanek, Gunther, Murphy, Fuller, Harder and Molnau introduced:
H. F. No. 2158, A bill for an act relating to crime prevention; appropriating money for the continuation of the center for reducing rural violence.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
Harder introduced:
H. F. No. 2159, A bill for an act relating to the city of Jackson; extending the duration of a tax increment financing district.
The bill was read for the first time and referred to the Committee on Taxes.
Reuter introduced:
H. F. No. 2160, A bill for an act relating to taxes; sales and use taxes; exempting the purchase of construction materials used in building the Pearl Street 9-1-1 center in the city of Owatonna; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Olson introduced:
H. F. No. 2161, A bill for an act relating to human services; appropriating money for the traumatic brain injury demonstration project.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Olson introduced:
H. F. No. 2162, A bill for an act relating to insurance; automobile; requiring a premium discount for seatbelt use; proposing coding for new law in Minnesota Statutes, chapter 65B.
The bill was read for the first time and referred to the Committee on Commerce.
Olson introduced:
H. F. No. 2163, A bill for an act relating to education funding; authorizing a technology grant for independent school district No. 727, Big Lake; appropriating money.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Jennings introduced:
H. F. No. 2164, A bill for an act relating to natural resources; making changes to in lieu of tax payments for natural resource lands; appropriating money; amending Minnesota Statutes 1998, sections 477A.12; and 477A.13.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Holsten, Jennings, Kahn, Gunther and Wolf introduced:
H. F. No. 2165, A bill for an act relating to telecommunications; restricting regulation of the Internet, interactive computer services, digital broadband services, and high-speed data and Internet access services; making technical changes; amending Minnesota Statutes 1998, sections 237.01, by adding subdivisions; 237.02; 237.626; 238.02, subdivision 8, and by adding subdivisions; and 238.08, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Commerce.
Tuma introduced:
H. F. No. 2166, A bill for an act relating to education funding; authorizing a grant to independent school district No. 659, Northfield, for the Northfield community resource center; appropriating money.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Solberg; Anderson, I.; Leighton and Milbert introduced:
H. F. No. 2167, A bill for an act relating to public employment; making it an unfair labor practice to unilaterally modify benefits received by retired employees; amending Minnesota Statutes 1998, section 179A.13, subdivision 2.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Carruthers, Olson, Leighton and Bishop introduced:
H. F. No. 2168, A bill for an act relating to civil actions; allowing aggregation of the fault of multiple defendants for the purpose of the comparative negligence statute; amending Minnesota Statutes 1998, section 604.01, subdivision 1.
The bill was read for the first time and referred to the Committee on Civil Law.
Holsten, Bakk, Hackbarth and Osthoff introduced:
H. F. No. 2169, A bill for an act relating to natural resources; appropriating money for surveying public trails and park facilities for accessibility to persons with disabilities.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Ozment introduced:
H. F. No. 2170, A bill for an act relating to shoreland areas; creating a pilot program in two counties; appropriating money.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Smith introduced:
H. F. No. 2171, A bill for an act relating to real property; providing that the title to all real property must be registered by the year 2030; phasing in registration requirements; amending Minnesota Statutes 1998, section 462.358, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 386; 505; 507; 508; and 508A.
The bill was read for the first time and referred to the Committee on Commerce.
Solberg introduced:
H. F. No. 2172, A bill for an act relating to local government; permitting the city of Grand Rapids to increase the membership of its public utilities commission to five members.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Smith; Opatz; Seifert, M.; Carlson and Anderson, I., introduced:
H. F. No. 2173, A bill for an act relating to employee relations; reclassifying certain positions as classified positions; amending Minnesota Statutes 1998, section 43A.08, subdivision 1.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Chaudhary introduced:
H. F. No. 2174, A bill for an act relating to the city of Columbia Heights; providing for the extension of and authorizing certain expenditures from certain tax increment financing districts.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Krinkie; Anderson, B., and Ozment introduced:
H. F. No. 2175, A bill for an act relating to building safety; establishing a building safety division in the department of public safety; transferring the duties of the department of administration, the department of public service, the state fire marshal, and the department of health relating to building construction and safety to the building safety division; transferring the duties of the department of labor and industry, the department of commerce, and the department of health relating to the regulation of building trades to the building safety division; transferring the duties of the department of administration relating to administrative support of the board of electricity to the commissioner of public safety; amending Minnesota Statutes 1998, sections 16B.61, subdivision 2; 214.04, subdivision 1; 299M.02, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 299N.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Workman introduced:
H. F. No. 2176, A bill for an act relating to employment; regulating payments to employees for political purposes; proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
Ozment introduced:
H. F. No. 2177, A bill for an act relating to taxation; requiring a study of the taxation of property used for agricultural purposes and open space property; providing appointments.
The bill was read for the first time and referred to the Committee on Taxes.
Ozment, Kelliher, Daggett, Howes, Jennings and Ness introduced:
H. F. No. 2178, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, by adding a section; providing for the dedication of a part of the sales and use tax to the game and fish fund.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Krinkie; Anderson, B., and Osskopp introduced:
H. F. No. 2179, A bill for an act relating to crime prevention; requiring the commissioner of administration to develop and issue a request for proposals to operate the new custody level 4 correctional facility at Rush City and select a vendor to operate the facility; repealing Laws 1997, chapter 238, section 4.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Workman introduced:
H. F. No. 2180, A bill for an act relating to local government; modifying provisions relating to regional rail authorities; providing for financing of railroad facilities; authorizing intergovernmental agreements and payments involving a regional rail authority; authorizing issuance of general obligation bonds by regional rail authority; amending Minnesota Statutes 1998, sections 398A.04, subdivisions 1, 8, and 9; and 398A.07, subdivision 2.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Tingelstad introduced:
H. F. No. 2181, A bill for an act relating to capital improvements; authorizing bonds and appropriating money to remove and replace exterior brick veneer on a portion of the Anoka county courthouse.
The bill was read for the first time and referred to the Committee on Capital Investment.
Dempsey and Rostberg introduced:
H. F. No. 2182, A bill for an act relating to capital improvements; appropriating money for roof repair and betterment on buildings 1, 2, and 4 of the Minnesota Veterans Home in Hastings, and for the installation of an elevator in building 1; authorizing state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 198, 1012 and 768.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 198, A bill for an act relating to criminal procedure; specifying that the prosecution has the right to reply in rebuttal to the closing argument of the defense; amending Minnesota Statutes 1998, section 631.07.
The bill was read for the first time.
Pawlenty moved that S. F. No. 198 and H. F. No. 197, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1012, A bill for an act relating to Itasca county; modifying certain accounting and expenditure requirements for road and bridge fund tax money derived from unorganized townships.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
S. F. No. 768, A bill for an act relating to Ramsey county; making changes in the personnel process; amending Minnesota Statutes 1998, section 383A.288, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
S. F. No. 460, A bill for an act relating to motor vehicles; allowing disability license plates to be issued for vehicles modified for use by disabled persons; amending Minnesota Statutes 1998, section 168.021, subdivision 1.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Howes | Mahoney | Pelowski | Tingelstad | |
| Abrams | Dorn | Huntley | Mares | Peterson | Tomassoni | |
| Anderson, B. | Entenza | Jaros | Mariani | Pugh | Trimble | |
| Anderson, I. | Erhardt | Jennings | Marko | Rest | Tuma | |
| Bakk | Erickson | Johnson | McCollum | Reuter | Tunheim | |
| Biernat | Finseth | Juhnke | McElroy | Rhodes | Vandeveer | |
| Bishop | Folliard | Kahn | McGuire | Rifenberg | Wagenius | |
| Boudreau | Fuller | Kalis | Milbert | Rostberg | Wejcman | |
| Bradley | Gerlach | Kelliher | Molnau | Rukavina | Wenzel | |
| Broecker | Gleason | Kielkucki | Mulder | Schumacher | Westerberg | |
| Buesgens | Goodno | Knoblach | Mullery | Seagren | Westfall | |
| Carlson | Greiling | Koskinen | Murphy | Seifert, J. | Westrom | |
| Carruthers | Gunther | Kubly | Ness | Seifert, M. | Wilkin | |
| Cassell | Haake | Kuisle | Nornes | Skoe | Winter | |
| Chaudhary | Haas | Larsen, P. | Opatz | Skoglund | Wolf | |
| Clark, J. | Hackbarth | Larson, D. | Osskopp | Smith | Workman | |
| Clark, K. | Harder | Leighton | Osthoff | Solberg | Spk. Sviggum | |
| Daggett | Hasskamp | Lenczewski | Otremba | Stanek | ||
| Davids | Hausman | Leppik | Ozment | Stang | ||
| Dawkins | Hilty | Lieder | Paulsen | Storm | ||
| Dehler | Holberg | Lindner | Pawlenty | Swenson | ||
| Dempsey | Holsten | Luther | Paymar | Sykora | ||
The bill was passed and its title agreed to.
H. F. No. 172 was reported to the House.
Pugh raised a point of order pursuant to rule 4.10 relating to Finance Bills. The Speaker ruled the point of order not well taken.
Upon objection of ten members, H. F. No. 172 was stricken from the Consent Calendar and placed on the General Register.
H. F. No. 583, A bill for an act relating to insurance; regulating investments by township mutual insurance companies; amending Minnesota Statutes 1998, section 67A.231.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
H. F. No. 585, A bill for an act relating to capital investment; reducing an appropriation; making a conforming change; excluding an authorization for certain kitchen facilities; amending a match requirement for the Isle Community Center grant; amending Laws 1998, chapter 404, section 5, subdivision 4.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Lindner | Pawlenty | Swenson | |
| Abrams | Dorn | Howes | Luther | Paymar | Sykora | |
| Anderson, B. | Entenza | Huntley | Mahoney | Pelowski | Tingelstad | |
| Anderson, I. | Erhardt | Jaros | Mares | Peterson | Tomassoni | |
| Bakk | Erickson | Jennings | Mariani | Pugh | Trimble | |
| Biernat | Finseth | Johnson | Marko | Rest | Tuma | |
| Bishop | Folliard | Juhnke | McCollum | Reuter | Tunheim | |
| Boudreau | Fuller | Kahn | McElroy | Rhodes | Van Dellen | |
| Bradley | Gerlach | Kalis | McGuire | Rifenberg | Vandeveer | |
| Broecker | Gleason | Kelliher | Milbert | Rostberg | Wagenius | |
| Buesgens | Goodno | Kielkucki | Molnau | Rukavina | Wejcman | |
| Carlson | Gray | Knoblach | Mulder | Schumacher | Wenzel | |
| Carruthers | Greiling | Koskinen | Mullery | Seagren | Westerberg | |
| Cassell | Gunther | Krinkie | Murphy | Seifert, J. | Westfall | |
| Chaudhary | Haake | Kubly | Ness | Seifert, M. | Westrom | |
| Clark, J. | Haas | Kuisle | Nornes | Skoe | Wilkin | |
| Clark, K. | Hackbarth | Larsen, P. | Opatz | Skoglund | Winter | |
| Daggett | Harder | Larson, D. | Osskopp | Smith | Wolf | |
| Davids | Hasskamp | Leighton | Osthoff | Solberg | Workman | |
| Dawkins | Hausman | Lenczewski | Otremba | Stanek | Spk. Sviggum | |
| Dehler | Hilty | Leppik | Ozment | Stang | ||
| Dempsey | Holberg | Lieder | Paulsen | Storm | ||
The bill was passed and its title agreed to.
H. F. No. 821 was reported to the House.
Reuter moved that H. F. No. 821 be placed on the General Register. The motion prevailed.
H. F. No. 1066, A bill for an act relating to insurance; township mutual insurance companies; regulating the territories of operation; amending Minnesota Statutes 1998, section 67A.01.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Hilty | Lieder | Ozment | Swenson | |
| Abrams | Dorn | Holberg | Lindner | Paulsen | Sykora | |
| Anderson, B. | Entenza | Holsten | Luther | Pawlenty | Tingelstad | |
| Anderson, I. | Erhardt | Howes | Mahoney | Pelowski | Tomassoni | |
| Bakk | Erickson | Huntley | Mares | Pugh | Trimble | |
| Biernat | Finseth | Jaros | Mariani | Rest | Tuma | |
| Boudreau | Folliard | Jennings | Marko | Reuter | Tunheim | |
| Bradley | Fuller | Johnson | McCollum | Rhodes | Vandeveer | |
| Broecker | Gerlach | Juhnke | McElroy | Rostberg | Wagenius | |
| Buesgens | Gleason | Kahn | McGuire | Rukavina | Wejcman | |
| Carlson | Goodno | Kalis | Milbert | Schumacher | Wenzel | |
| Carruthers | Gray | Kielkucki | Molnau | Seagren | Westerberg | |
| Cassell | Greenfield | Knoblach | Mulder | Seifert, J. | Westfall | |
| Chaudhary | Greiling | Koskinen | Mullery | Seifert, M. | Westrom | |
| Clark, J. | Gunther | Krinkie | Murphy | Skoe | Wilkin | |
| Clark, K. | Haake | Kuisle | Ness | Skoglund | Winter | |
| Daggett | Haas | Larsen, P. | Nornes | Smith | Wolf | |
| Davids | Hackbarth | Larson, D. | Opatz | Solberg | Workman | |
| Dawkins | Harder | Leighton | Osskopp | Stanek | Spk. Sviggum | |
| Dehler | Hasskamp | Lenczewski | Osthoff | Stang | ||
| Dempsey | Hausman | Leppik | Otremba | Storm | ||
The bill was passed and its title agreed to.
The Speaker called Abrams to the Chair.
S. F. No. 407, A bill for an act relating to capital investment; amending a grant to the McLeod West school district No. 2887; amending Laws 1998, chapter 404, section 5, subdivision 11.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
LEGISLATIVE ADMINISTRATION
Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Thursday, March 18, 1999:
H. F. Nos. 670, 640, 50, 174, 420 and 627; S. F. No. 99; and H. F. No. 841.
H. F. No. 670, A bill for an act relating to health care; expanding medical assistance eligibility for employed persons with disabilities; appropriating money; amending Minnesota Statutes 1998, section 265B.057, by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
H. F. No. 640 was reported to the House.
Wejcman and Bradley moved to amend H. F. No. 640 as follows:
Page 2, after line 5, insert:
"(10) one or more representatives of communities of color;"
Page 2, line 6, strike "(10)" and insert "(11)"
Page 2, line 7, strike "(11)" and insert "(12)"
The motion prevailed and the amendment was adopted.
H. F. No. 640, A bill for an act relating to mental health; modifying membership, duties, and reporting requirements for the state advisory council on mental health; amending Minnesota Statutes 1998, section 245.697.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed, as amended, and its title agreed to.
H. F. No. 50 was reported to the House.
Milbert moved to amend H. F. No. 50, the first engrossment, as follows:
Page 1, line 9, before the period, insert ", provided that this levy limit base adjustment may be rescinded for taxes levied in 1999, subject to the reverse referendum provisions under paragraph (c)"
Page 1, after line 17, insert:
"(c) If a petition signed by voters equal in number to five percent of the votes cast in the county in the last general election requesting a referendum on the payable 1998 levy limit base adjustment made under paragraph (a) is filed with the county auditor by June 1, 1999, a referendum election shall be held before July 1, 1999. The referendum shall refer to the status of the levy limit base adjustment for taxes payable in 2000 and subsequent years. The county board shall prepare the form of the question to be presented at the referendum, and the commissioner of revenue shall review it. It shall state that the adjustment is permanent and shall specify the dollar amount of the levy limit adjustment.
The county board shall notify the county auditor of the results of the referendum. If the majority of the votes cast on the question are in the affirmative, the levy limit base adjustment for property tax payable in 1999 under paragraph (a) shall be certified to the county auditor, and to the commissioner of revenue, to be used in calculating the county's levy limit for taxes payable in 2000. If the majority of the votes cast on the question are in the negative, the levy limit base increase under paragraph (a) shall be rescinded."
Page 1, line 19, before "Upon" insert "(a)"
Page 1, line 21, after "1" insert ", paragraphs (a) and (b)"
Page 1, line 21, after the period, insert "Section 1 paragraph (c) is effective for taxes levied in 1999, payable in 2000, if the levy limits under Minnesota Statutes, sections 271.70 to 271.74 are extended to taxes levied in 1999, payable in 2000."
Amend the title as follows:
Page 1, line 4, before the period, insert "; providing for a reverse referendum for future property tax levies"
A roll call was requested and properly seconded.
The question was taken on the Milbert amendment and the roll was called. There were 62 yeas and 67 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Folliard | Johnson | Luther | Osthoff | Tomassoni | |
| Bakk | Gleason | Juhnke | Mahoney | Otremba | Trimble | |
| Biernat | Greenfield | Kahn | Mariani | Paulsen | Tunheim | |
| Bishop | Greiling | Kelliher | Marko | Pelowski | Wagenius | |
| Carlson | Haake | Koskinen | McCollum | Peterson | Wejcman | |
| Carruthers | Hasskamp | Krinkie | McGuire | Pugh | Wenzel | |
| Chaudhary | Hausman | Kubly | Milbert | Rukavina | Winter | |
| Clark, K. | Hilty | Larson, D. | Mullery | Schumacher | ||
| Dawkins | Huntley | Leighton | Murphy | Skoe | ||
| Dorn | Jaros | Lenczewski | Opatz | Skoglund | ||
| Entenza | Jennings | Lieder | Osskopp | Solberg | ||
Those who voted in the negative were:
| Abeler | Dempsey | Holberg | Mulder | Seifert, J. | Westerberg | |
| Abrams | Dorman | Holsten | Ness | Seifert, M. | Westfall | |
| Anderson, B. | Erhardt | Howes | Nornes | Smith | Westrom | |
| Boudreau | Erickson | Kielkucki | Ozment | Stanek | Wilkin | |
| Bradley | Finseth | Knoblach | Pawlenty | Stang | Wolf | |
| Broecker | Fuller | Kuisle | Paymar | Storm | Workman | |
| Buesgens | Gerlach | Larsen, P. | Rest | Swenson | Spk. Sviggum | |
| Cassell | Goodno | Leppik | Reuter | Sykora | ||
| Clark, J. | Gunther | Lindner | Rhodes | Tingelstad | ||
| Daggett | Haas | Mares | Rifenberg | Tuma | ||
| Davids | Hackbarth | McElroy | Rostberg | Van Dellen | ||
| Dehler | Harder | Molnau | Seagren | Vandeveer | ||
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
H. F. No. 50, A bill for an act relating to the county of Goodhue; allowing a 1998 levy limit adjustment for certain payments in lieu of tax.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 109 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Biernat | Hausman | Luther | Paymar | Wagenius | Westrom | |
| Chaudhary | Huntley | Marko | Pugh | Westerberg | ||
| Gleason | Jennings | Milbert | Skoglund | |||
| Greiling | Larson, D. | Osthoff | Smith | |||
The bill was passed and its title agreed to.
H. F. No. 174, A bill for an act relating to the Paynesville area hospital district; authorizing the district to annex the city of Richmond to the district.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.
Milbert moved that his name be stricken as an author on H. F. No. 50. The motion prevailed.
Otremba moved that her name be stricken as an author on H. F. No. 1105. The motion prevailed.
Swenson moved that the name of Clark, J., be added as an author on H. F. No. 1832. The motion prevailed.
Boudreau moved that the name of Abeler be added as an author on H. F. No. 1835. The motion prevailed.
Larsen, P., moved that the name of Abeler be added as an author on H. F. No. 1851. The motion prevailed.
Bishop moved that the name of Bradley be added as an author on H. F. No. 1928. The motion prevailed.
Rostberg moved that H. F. No. 101 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Transportation Finance. The motion prevailed.
Gunther moved that H. F. No. 1050 be recalled from the Committee on Higher Education Finance and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.
Smith moved that H. F. No. 1124 be recalled from the Committee on Commerce and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.
Wenzel moved that H. F. No. 1356 be recalled from the Committee on K-12 Education Finance and be re- referred to the Committee on Higher Education Finance. The motion prevailed.
Pawlenty moved that H. F. No. 1514 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.
Harder moved that H. F. No. 1674 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.
Folliard moved that H. F. No. 1804 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.
Paymar moved that H. F. No. 1954 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Judiciary Finance. The motion prevailed.
Chaudhary moved that H. F. No. 2025 be recalled from the Committee on K-12 Education Finance and be re-referred to the Committee on Family and Early Childhood Education Finance. The motion prevailed.
Harder moved that H. F. No. 2159 be recalled from the Committee on Taxes and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.
ADJOURNMENT
Pawlenty moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 22, 1999. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, March 22, 1999.
Edward A. Burdick, Chief Clerk, House of Representatives