The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

I have vetoed and am returning Chapter Number 58, H. F. No. 550, a bill extending the rulemaking authority for the Higher Education Services Office (HESO) to implement the EdVest program.

I want to emphasize that my veto relates to the process, not the policy. I do support the implementation of the EdVest program and its excellent goal of encouraging and supporting saving for higher education. However, I believe the program should begin as soon as possible. Rather than extending rule-making authority for up to nine months, I encourage the Legislature to take the steps necessary for immediate implementation prior to the adjournment of this year's legislative session.

Almost four years after the enactment of the program, HESO has not adopted the rules necessary to implement this program. The annual appropriations of $1.5 million for the college savings plan have cancelled to the General Fund for three years, and there are no assurances that this year's appropriation will be used for its proposed purpose. This is some $6 million that should have been used to encourage families to save for post-secondary education.

I appreciate and share the Legislature's support for this program, and encourage expedited legislative action so this savings plan can begin this spring.

Sincerely,

Jesse Ventura

Governor

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 783, relating to crime prevention; specifying that peace officers' use of less lethal munitions does not constitute deadly force.

Sincerely,

Jesse Ventura

Governor

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for

preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

359 121 12:19 p.m. May 18 May 18

2046 123 12:20 p.m. May 18 May 18 1264 124 12:16 p.m. May 18 May 18 1222 125 12:21 p.m. May 18 May 18

783 127 12:22 p.m. May 18 May 18

1659 128 12:18 p.m. May 18 May 18

Sincerely,

Mary Kiffmeyer

Secretary of State

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 486, relating to elections; requiring disclaimers in newspaper ads to be legible.

H. F. No. 704, relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel.

H. F. No. 1828, relating to water; modifying provisions relating to wetland classification and replacement; modifying provisions relating to consumptive use of water.

H. F. No. 1367, relating to energy; allowing owner-occupied residential housing to be served by an existing energy loan program.

Sincerely,

Jesse Ventura

Governor

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

970 129 10:40 a.m. May 21 May 21

694 130 10:31 a.m. May 21 May 21

1610 131 10:40 a.m. May 21 May 21

974 132 10:47 a.m. May 21 May 21

1033 133 10:46 a.m. May 21 May 21

2022 134 11:00 a.m. May 21 May 21

1043 135 10:49 a.m. May 21 May 21

1583 136 11:01 a.m. May 21 May 21

414 137 10:58 a.m. May 21 May 21

1430 138 10:57 a.m. May 21 May 21

2142 139 10:41 a.m. May 21 May 21

1301 140 10:53 a.m. May 21 May 21

2033 141 10:43 a.m. May 21 May 21

1964 142 10:35 a.m. May 21 May 21

486 143 10:50 a.m. May 21 May 21

704 144 10:57 a.m. May 21 May 21

564 145 10:56 a.m. May 21 May 21

1828 146 10:36 a.m. May 21 May 21

1367 147 10:36 a.m. May 21 May 21

1485 148 10:35 a.m. May 21 May 21

960 149 10:55 a.m. May 21 May 21

494 150 10:34 a.m. May 21 May 21

1666 151 10:33 a.m. May 21 May 21

1369 152 10:52 a.m. May 21 May 21

1472 153 10:55 a.m. May 21 May 21

1721 154 10:56 a.m. May 21 May 21

1552 155 10:53 a.m. May 21 May 21

Sincerely,

Mary Kiffmeyer

Secretary of State

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

174 156 10:21 a.m. May 22 May 22

172 157 10:19 a.m. May 22 May 22

1944 158 10:22 a.m. May 22 May 22

1614 159 10:25 a.m. May 22 May 22

Sincerely,

Mary Kiffmeyer

Secretary of State

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 873, relating to public lands; allowing private easements across tax-forfeited land; changing certain exchange requirements; modifying county lease terms for tax-forfeited land; authorizing a conveyance of certain Benton county land; authorizing public and private sales and conveyances of certain tax-forfeited lands in Aitkin,

Cook, Hubbard, Lake, Meeker, Ramsey, St. Louis, and Washington counties; authorizing the commissioner of transportation to exercise the power of eminent domain for acquisition of certain trust fund land bordering public waters.

H. F. No. 634, relating to claims against the state; providing for payment of various claims; granting authority to Murray county; designating a lake as a wildlife management lake; appropriating money.

H. F. No. 1155, relating to insurance; requiring health plan companies to provide certain information when requested by the commissioner; requiring an affirmative provider consent to participate in a network under a category of coverage; requiring disclosure of changes in a provider's contract; establishing a moratorium on managed care automobile insurance plans; defining health benefit plan for certain purposes; establishing a task force on small business health insurance; repealing the requirement for an action plan; removing a penalty.

H. F. No. 1407, relating to health; extending certain enforcement authority related to the provision of funeral goods and services; modifying provisions for public health collaboration plans; modifying rural hospital programs eligibility; repealing professional boxing regulation.

H. F. No. 1507, relating to municipal planning; zoning; clarifying the treatment of legal nonconforming uses.

H. F. No. 1340, relating to Wright county; permitting the appointment of the county recorder.

H. F. No. 2036, A bill for an act relating to Goodhue county; permitting the appointment of the auditor-treasurer and recorder.

H. F. No. 1487, relating to natural resources; modifying provisions rendered obsolete by the electronic licensing system; modifying the disposition of certain taxes and proceeds; clarifying certain licensing and training requirements; providing for removal of submerged vehicles; modifying watercraft license and title provisions; clarifying sale of live animals and animal portions; modifying rulemaking authority; modifying certain license revocation provisions; clarifying taxidermy and bow fishing provisions; modifying fish house requirements; repealing certain fleeing provisions.

H. F. No. 708, relating to motor vehicles; clarifying exemption from registration taxes for certain well drilling machines, pump hoists, and other equipment.

H. F. No. 1973, relating to transportation; regulating state highways in municipalities; making conforming changes.

Sincerely,

Jesse Ventura

Governor

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for

preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

1434 160 1:59 p.m. May 24 May 24

1263 161 1:44 p.m. May 24 May 24

1680 162 1:46 p.m. May 24 May 24

321 163 1:49 p.m. May 24 May 24

873 164 2:00 p.m. May 24 May 24

795 165 2:00 p.m. May 24 May 24

1124 166 1:51 p.m. May 24 May 24

846 167 1:46 p.m. May 24 May 24

1324 168 1:45 p.m. May 24 May 24

634 169 1:58 p.m. May 24 May 24

1155 170 1:56 p.m. May 24 May 24

1407 171 1:52 p.m. May 24 May 24 1507 174 2:07 p.m. May 24 May 24 1340 180 2:06 p.m. May 24 May 24

1082 182 2:05 p.m. May 24 May 24

2036 184 2:06 p.m. May 24 May 24

1487 185 2:04 p.m. May 24 May 24

708 188 2:03 p.m. May 24 May 24

1973 191 2:02 p.m. May 24 May 24

1215 194 2:01 p.m. May 24 May 24

Sincerely,

Mary Kiffmeyer

Secretary of State

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

I have vetoed and am returning Chapter Number 172, H. F. No. 1153, a bill modifying local government building project architect requirements.

This bill exempts non-institutional and non-assembly buildings owned by a local unit of government that meet all requirements of the state building and fire codes, and estimated to cost less than $50,000 from the provisions requiring that a licensed architect plan, design, or supervise the construction. It also directs the Board of Architects, Engineers, Surveyors, Landscape Architects, Geoscientists, and Interior Designers (AESLAGID) to conduct a study

of buildings constructed by local governments with a cost of up to $150,000 to identify buildings that can be constructed without the use of a licensed architect or engineer. Finally, it directs the AESLAGID to develop and implement a program to educate local units of government about the requirements for using architects and engineers for the construction of public buildings.

I have several concerns with this bill. First, the exemption in section one of the bill creates potential liability concerns for local units of government. If a local unit of government decided to allow a project under $50,000 to move forward without using a licensed architect or engineer, it could be held liable for problems resulting from structural defects with the building. The legislature also does not appropriate money to the AESLAGID for the study or the educational program required by this bill. The board estimates that it would cost $27,000 to implement these requirements.

More importantly, the decision about whether a licensed professional is required on a building project should be determined by the nature of the project, not the cost of the project. For example, a building project may cost less than $50,000, yet the life-safety impact dictates the need to use an architect or engineer. There currently are exemptions in law and rule based on square footage and occupancy, rather than a specific dollar threshold. I would encourage the legislature to work with state agencies and other interested parties to review these exemptions to determine if changes are necessary.

It is unsafe to suspend the use of a licensed professional on low-cost public buildings. I believe that exemptions based upon size and occupancy--rather than an arbitrary dollar amount--are key to providing local flexibility and protecting the public.

For these reasons, I am vetoing this bill.

Sincerely,

Jesse Ventura

Governor

[NOTE: Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 1153 (Chapter Number 172), which was returned to the House by the Governor with his objections was laid on the table.]

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 707, relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances.

H. F. No. 655, relating to unemployment insurance; making technical and substantive changes; modifying unemployment compensation provisions for Indian tribes; providing for workers' compensation and disability insurance offsets of unemployment benefits payments; providing that certain applicants on leaves of absence are ineligible for benefits; modifying definitions; clarifying procedures; providing eligibility for benefits for certain victims of domestic abuse; instructing the revisor to renumber sections and change terms.

H. F. No. 1941, relating to economic development; clarifying provisions in the job skills partnership program.

H. F. No. 2107, relating to education; specifying student conduct as grounds for dismissal or removal from class.

H. F. No. 1892, relating to human rights; making technical changes.

H. F. No. 2028, relating to the environment; modifying provisions relating to environmental audits; changing the reporting date for the pollution control agency's annual performance report.

H. F. No. 1182, relating to commerce; modifying requirements for invention developers.

H. F. No. 2514, relating to agriculture; expanding emergency authority of the board of animal health to eradicate any dangerous, infectious, or communicable disease affecting domestic animals in the state; providing a temporary rule waiver.

Sincerely,

Jesse Ventura

Governor

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

707 173 12:01 p.m. May 25 May 25

655 175 12:12 p.m. May 25 May 25

1154 176 12:03 p.m. May 25 May 25

1968 177 12:11 p.m. May 25 May 25

1394 178 12:12 p.m. May 25 May 25

555 179 12:04 p.m. May 25 May 25

1941 181 12:01 p.m. May 25 May 25 2107 183 11:58 a.m. May 25 May 25

1892 186 12:13 p.m. May 25 May 25

2028 187 12:00 p.m. May 25 May 25

1182 190 12:02 p.m. May 25 May 25

2514 192 11:59 a.m. May 25 May 25

1752 193 12:05 p.m. May 25 May 25

1561 195 12:05 p.m. May 25 May 25

Sincerely,

Mary Kiffmeyer

Secretary of State

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

I have vetoed and am returning Chapter Number 189, H. F. No. 1051, a bill relating to medical malpractice claims.

The original premise of the bill was to clarify language pertaining to the certification of expert witnesses in medical malpractice cases. The bill was significantly altered on the Senate floor on May 16, 2001, with an amendment that was portrayed as non-controversial. In fact the amendment is very controversial and has significant ramifications within the medical, legal and insurance industries.

This bill as it was adopted, now has the effect of retroactively changing existing law related to the medical malpractice statute of limitations. Such a change has significant policy and financial ramifications for the medical profession and is not a change to be made without serious debate and unambiguous intent.

Sincerely,

Jesse Ventura

Governor

[NOTE: Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 1051 (Chapter Number 189), which was returned to the House by the Governor with his objections was laid on the table.]

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 1497, relating to natural resources; exempting certain charges from legislative approval; modifying certain provisions for taking small game; modifying terms for certain lakeshore land exchanges to include leased farmed wild rice lands; authorizing public and private sales of certain state lands in Lake county; authorizing conveyance of certain surplus state land in Mower county; adding to a state forest; adding to and creating wildlife management areas; authorizing the private conveyance of consolidated conservation land in Aitkin county; authorizing a land transfer for North Hennepin community college; providing for an exchange of land by the city of Bird Island.

H. F. No. 1310, relating to construction; giving the state building official final authority for interpreting the State Building Code and prescribing its enforcement; regulating construction-related fees; requiring municipalities to submit annual reports on construction-related fees; providing for adoption of certain amendments to the mechanical code; limiting certain municipal building code ordinances; clarifying certain terms; modifying provisions relating to construction warranties; limiting certain waivers of rights; modifying provisions relating to zoning ordinances.

H. F. No. 1261, relating to corrections; making various changes to laws involving the department of corrections, including clarifying the community notification law, striking and repealing obsolete and unnecessary statutory language, clarifying who may be required to pay the costs for the use of a correctional camp, allowing licensed mental health professionals to admit inmates to the mental health unit at MCF-Oak Park Heights, altering the requirements of the department's annual performance report, providing that investigation of inmate deaths be initiated by the commissioner of corrections, continuing the task force for agency purchasing from correctional agencies, creating a peer review committee in the health correctional system; authorizing the commissioner to inspect and certify juvenile facilities licensed by the department of human services; requiring the commissioners of corrections and human services to develop alternative equivalent standards for chemical dependency treatment programs for correctional facilities under certain circumstances; requiring the commissioner of corrections to contract with the commissioner of human services for background studies of individuals providing services in secure and nonsecure juvenile residential and detention facilities; making it a crime for employees, contract personnel, or volunteers of a correctional system to engage in certain sexual activities with offenders in correctional facilities; requiring a sex offender assessment for certain repeat sex offenders; authorizing HIV test results to be maintained in inmate medical records; requiring new per diem methods to be used in annual reports.

H. F. No. 1406, relating to health; establishing maternal death reviews.

H. F. No. 1541, relating to landlords and tenants; requiring a study of rental application fees.

Sincerely,

Jesse Ventura

Governor

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

2328 Resolution No. 5 Filed without signature May 29

969 197 11:32 a.m. May 29 May 29

1367 198 11:32 a.m. May 29 May 29

1344 199 11:24 a.m. May 29 May 29

1965 200 11:30 a.m. May 29 May 29

2249 201 11:33 a.m. May 29 May 29

1068 202 11:34 a.m. May 29 May 29

1407 203 11:23 a.m. May 29 May 29

103 204 11:27 a.m. May 29 May 29

1464 205 11:25 a.m. May 29 May 29

1497 206 11:27 a.m. May 29 May 29

1310 207 11:35 a.m. May 29 May 29

1541 208 11:28 a.m. May 29 May 29

229 209 11:35 a.m. May 29 May 29

1261 210 11:36 a.m. May 29 May 29

1406 211 11:26 a.m. May 29 May 29

722 212 11:29 a.m. May 29 May 29

1769 213 11:29 a.m. May 29 May 29

2208 214 11:30 a.m. May 29 May 29

1054 215 11:28 a.m. May 29 May 29

1541 216 11:30 a.m. May 29 May 29

Sincerely,

Mary Kiffmeyer

Secretary of State

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

I have vetoed and am returning Chapter Number 217, H. F. No. 1515, the omnibus family and early childhood education appropriations bill. As you are aware, this is the only omnibus spending bill passed during the regular session and I have concerns with both the legislative process and legislative product.

First and foremost, I am vetoing this bill because I have pledged that I would not sign any appropriations bills before a tax bill reaches my desk. My top priority continues to be tax reform, and I will require a completed tax bill before I put my signature on any of the spending bills.

A key early childhood initiative, forecasted consolidation of child care programs, was not included in the conference report, although both the House and Senate bills included consolidation. As you know, there are important policy and financial links between this bill and the health and human services bill. I still believe that consolidation is an important reform to support low-income working families. Because total child care needs and resources will be affected by decisions on extending welfare time limits, I encourage the coordination of the work of the family and early childhood education committee with the committee dealing with the health and human services bill.

Finally, the haste with which this agreement was rushed through--without time for even cursory review--resulted in numerous technical errors and omissions. As I have stated, I hope to avoid future problems like this by requiring a 48-hour review period prior to calling the special session. This is the best way to be sure that the bills that are enacted reflect the policies that were intended.

Sincerely,

Jesse Ventura

Governor

[NOTE: Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 1515 (Chapter Number 217), which was returned to the House by the Governor with his objections was laid on the table.]

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

I have vetoed and am returning Chapter Number 218, H. F. No. 1569, a bill relating to MnSCU employee reclassification.

This is a labor-management issue that has been addressed in the past through collective bargaining, and should continue to be jointly decided by the two parties directly affected by the issues at hand.

I also believe this bill reduces the flexibility of MnSCU campuses to manage their operations and to provide the highest level of student support services. In addition, it creates another obstacle for MnSCU in becoming the single, unified system of higher education envisioned by the legislature.

Sincerely,

Jesse Ventura

Governor

[NOTE: Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 1569 (Chapter Number 218), which was returned to the House by the Governor with his objections was laid on the table.]

DISPOSITION OF BILLS UPON ADJOURNMENT

REPORT PURSUANT TO HOUSE RULE 4.20

Pursuant to House Rule 4.20, the following bills were returned to the standing committee last acting on the bill:

H. F. Nos. 2273, 2290 and 2513 were returned to the Committee on Capital Investment.

H. F. Nos. 177, 415, 464, 1704 and 2420 and S. F. Nos. 665, 1212, 1429 and 1502 were returned to the Committee on Civil Law.

H. F. Nos. 701, 1580, 1943, 2170 and 2430 and S. F. No. 1797 were returned to the Committee on Commerce, Jobs and Economic Development.

H. F. Nos. 170 and 1025 and S. F. Nos. 861 and 1297 were returned to the Committee on Crime Prevention.

H. F. No. 923 and S. F. Nos. 866 and 1855 were returned to the Committee on Education Policy.

S. F. No. 615 was returned to the Committee on Environment and Natural Resources Policy.

H. F. Nos. 53, 70, 111, 173, 518, 857, 894, 905, 1019, 1280, 1396, 1629, 1781, 2006 and 2131 and S. F. Nos. 761, 1392 and 1475 were returned to the Committee on Governmental Operations and Veterans Affairs Policy.

H. F. Nos. 642, 702, 1292 and 1517 and S. F. No. 417 were returned to the Committee on Health and Human Services Policy.

H. F. No. 1087 was returned to the Committee on K-12 Education Finance.

H. F. Nos. 46, 1026, 1424, 1524, 1669 and 1876 and S. F. No. 1295 were returned to the Committee on Local Government and Metropolitan Affairs.

H. F. No. 2519 was returned to the Committee on Redistricting.

H. F. Nos. 12, 643 and 1080 were returned to the Committee on Rules and Legislative Administration.

H. F. Nos. 84, 187, 2241 and 2506 and S. F. No. 1919 were returned to the Committee on Taxes.

H. F. No. 1277 was returned to the Committee on Transportation Finance.

H. F. Nos. 801 and 2093 and S. F. Nos. 912 and 1544 were returned to the Committee on Transportation Policy.

H. F. Nos. 632, 1338, 1683, and 1807 and S. F. No. 1098 were returned to the Committee on Ways and Means.

REPORT PURSUANT TO JOINT RULE 3.02(a)

Pursuant to Joint Rule 3.02(a), the following bills, which were being considered by a Conference Committee at the time of adjournment, were returned to the House and laid on the table and the Conference Committees were discharged:

H. F. Nos. 82, 264, 2486 and 2498.

REPORT PURSUANT TO JOINT RULE 3.02(c)

Pursuant to Joint Rule 3.02(c), the following bills which were returned to the House by the Governor with his objections were laid on the table:

H. F. Nos. 1051, 1153, 1515 and 1569.

CERTIFICATE

I certify that the Journal of the House for Monday, May 21, 2001, including subsequent proceedings, has been corrected and is hereby approved.

Edward A. Burdick, Chief Clerk, House of Representatives