JOURNAL OF THE HOUSE - 86th Day - Top of Page 7655

STATE OF MINNESOTA

Journal of the House

SEVENTY-NINTH SESSION - 1996

__________________

EIGHTY-SIXTH DAY

Saint Paul, Minnesota, Tuesday, February 27, 1996

Index to today's Journal

On this day in 1857, territorial legislator Joe Rolette stole the bill moving Minnesota's Capitol from St. Paul to St. Peter. He remained hidden with the only copy of the bill until the Legislature adjourned on March 7, thereby preventing passage.

The House of Representatives convened at 12:30 p.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by the Reverend Kathleen M. Gatson, Pilgrim Baptist Church, St. Paul, Minnesota.

The roll was called and the following members were present:

Abrams       Farrell      Knight       Ness         Solberg
Anderson, B. Finseth      Knoblach     Olson, E.    Stanek
Anderson, R. Frerichs     Koppendrayer Olson, M.    Sviggum
Bakk         Garcia       Kraus        Onnen        Swenson, D.
Bertram      Girard       Krinkie      Opatz        Swenson, H.
Bettermann   Goodno       Larsen       Orenstein    Sykora
Bishop       Greenfield   Leighton     Osskopp      Tomassoni
Boudreau     Greiling     Leppik       Osthoff      Tompkins
Bradley      Gunther      Lieder       Ostrom       Trimble
Broecker     Haas         Lindner      Otremba      Tuma
Brown        Hackbarth    Long         Ozment       Tunheim
Carlson, L.  Harder       Lourey       Paulsen      Van Dellen
Carlson, S.  Hasskamp     Luther       Pawlenty     Van Engen
Carruthers   Hausman      Lynch        Pellow       Vickerman
Clark        Holsten      Macklin      Pelowski     Wagenius
Commers      Huntley      Mahon        Perlt        Warkentin
Cooper       Jaros        Mares        Peterson     Weaver
Daggett      Jefferson    Mariani      Pugh         Wejcman
Dauner       Jennings     Marko        Rest         Wenzel
Davids       Johnson, A.  McCollum     Rhodes       Winter
Dawkins      Johnson, R.  McElroy      Rice         Wolf
Dehler       Johnson, V.  McGuire      Rostberg     Worke
Delmont      Kahn         Milbert      Rukavina     Workman
Dempsey      Kalis        Molnau       Sarna        Sp.Anderson,I
Dorn         Kelley       Mulder       Schumacher   
Entenza      Kelso        Munger       Skoglund     
Erhardt      Kinkel       Murphy       Smith        
A quorum was present.

Orfield was excused.

Seagren was excused until 3:55 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Pawlenty moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7656

REPORTS OF CHIEF CLERK

S. F. No. 2849 and H. F. No. 3239, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Kinkel moved that the rules be so far suspended that S. F. No. 2849 be substituted for H. F. No. 3239 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1996 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 ApprovedDate Filed

No. No. Chapter No. 1996 1996

1909 279 2:12 p.m. February 23February 23

1984 280 2:15 p.m. February 23February 23

2514 281 2:18 p.m. February 23February 23

Sincerely,

Joan Anderson Growe

Secretary of State

SECOND READING OF SENATE BILLS

S. F. No. 2849 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Rest, for the Committee on Taxes, introduced:

H. F. No. 3249, A bill for an act relating to the financing and operation of government in this state; modifying certain tax rates, credits, refunds, bases, and exemptions; modifying property tax exemptions, valuation, and classification; providing a senior citizen property tax deferral; changing tax increment financing, special services


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district, and taxing district provisions; authorizing local taxes; authorizing certain special districts; providing local levy or other authority; authorizing municipal debt; providing for certain tax base sharing; changing certain aids; modifying revenue recapture; making tax policy, collection, administrative and technical changes, corrections, and clarifications; requiring studies; providing for appointments; appropriating money; amending Minnesota Statutes 1994, sections 10A.31, subdivision 3a; 13.99, subdivision 97a; 103E.611, subdivision 7; 115.26, by adding a subdivision; 165.08, subdivision 5; 216B.16, by adding a subdivision; 239.761, subdivision 5; 270.067, subdivision 2; 270.07, subdivision 1; 270.102, subdivisions 1, 2, and 3; 270.70, subdivision 2; 270A.03, subdivision 2; 270B.12, by adding a subdivision; 273.02, subdivision 3; 273.111, subdivisions 3 and 6; 273.124, by adding a subdivision; 273.13, subdivisions 22, 23, and 32; 273.1398, by adding a subdivision; 275.065, subdivision 5a; 275.07, subdivision 4; 275.61; 278.01, by adding a subdivision; 278.08; 279.06, subdivision 1; 279.37, by adding a subdivision; 281.17; 287.06; 289A.50, by adding a subdivision; 289A.56, subdivision 4; 290.01, subdivision 4a; 290.06, subdivisions 2c and 22; 290.091, subdivision 2; 290.0922, subdivisions 1 and 3; 290.095, subdivision 3; 290.17, subdivision 2; 290A.03, subdivision 11; 290A.25; 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; 295.54, subdivisions 1, 2, and by adding a subdivision; 296.01, subdivisions 2 and 13; 296.02, by adding a subdivision; 296.025, subdivision 6; 296.141, subdivisions 4 and 5; 296.15, by adding a subdivision; 296.17, subdivision 7; 297.04, subdivision 9; 297A.01, subdivision 16; 297A.02, subdivision 5; 297A.14, by adding a subdivision; 297A.15, subdivision 6; 297A.21, subdivision 4; 297A.211, subdivision 3; 297A.24, subdivision 1; 297A.25, subdivision 14, and by adding a subdivision; 297A.256, subdivision 1; 297A.2572; 297A.2573; 297A.44, subdivision 1; 297A.46; 297E.02, subdivisions 4 and 10; 298.01, subdivision 4e; 298.17; 298.28, subdivisions 2 and 11; 298.75, subdivision 1; 349.15, by adding a subdivision; 349.154, by adding a subdivision; 373.40, subdivision 7; 375.192, subdivision 2; 383B.51; 428A.01, subdivisions 2 and 3; 428A.02, subdivision 1; 444.075, by adding a subdivision; 458A.32, subdivision 4; 469.040, subdivision 3, and by adding a subdivision; 469.167, subdivision 2; 469.173, subdivision 7; 469.174, subdivision 2; 469.176, subdivision 4f; 469.1761, subdivision 1; 469.177, subdivision 3; 471.88, subdivision 14; 473.625; 477A.011, subdivisions 3, 20, 27, 32, and 35; and 477A.013, subdivision 6; Minnesota Statutes 1995 Supplement, sections 41A.09, subdivision 2a; 115B.48, by adding subdivisions; 115B.49, subdivisions 2 and 4; 116.07, subdivision 10; 124A.03, subdivision 2; 216B.161, subdivision 1; 270A.03, subdivision 7; 272.02, subdivision 1; 273.11, subdivision 16; 273.124, subdivisions 3 and 13; 273.13, subdivisions 24 and 25; 273.1398, subdivision 1; 273.1399, subdivisions 6 and 7; 275.065, subdivisions 3 and 6; 275.08, subdivision 1b; 276.04, subdivision 2; 289A.40, subdivision 1; 290.191, subdivisions 5 and 6; 290A.04, subdivision 2h; 295.50, subdivisions 3 and 4; 295.53, subdivisions 1, 5, and by adding a subdivision; 296.02, subdivision 1; 296.025, subdivision 1; 296.12, subdivision 3; 297A.01, subdivision 3; 297A.02, subdivision 4; 297A.25, subdivisions 57 and 59; 297A.45, subdivisions 2, 3, and 4; 297B.01, subdivision 8; 428A.05; 465.82, subdivision 2; 469.169, subdivisions 9 and 10; 469.174, subdivision 4; 469.175, subdivisions 1, 5, and 6; 469.176, subdivision 2; 469.177, subdivision 1; 471.6965; 473.448; 477A.0121, subdivision 4; 477A.0132; and 477A.03, subdivision 2; Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; 6; Laws 1971, chapter 869, sections 2, subdivisions 2, as amended, 14, and 17, as added; 3, subdivisions 5, 6, and 9; 4, subdivisions 1, 2, and 5, as amended; 5, subdivisions 1 and 3; 8; 10, subdivision 3b, as added; 12, subdivisions 1, as amended, and 2, as amended; 17, subdivision 11; 19; 20, subdivision 2; 21; 24; Laws 1985, chapter 302, section 2, subdivision 1, as amended; Laws 1991, chapter 291, article 8, section 27, by adding a subdivision; Laws 1992, chapter 511, article 8, section 39; and Laws 1995, chapter 264, articles 2; sections 42, subdivision 1; and 44; 5, sections 40, subdivision 1; 44, subdivision 4; and 45, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 103D; 115B; 272; 273; 281; 287; 290; 290A; 297A; 375; 428A; 462A; 469; and 477A; proposing coding for new law as Minnesota Statutes, chapters 276A; and 290B; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; 273.1316; 273.1317; 273.1318; 273.1398, subdivision 5b; 290.06, subdivision 21; 290.092; 295.37; 295.39; 295.40; 295.41; 295.42; 295.43; 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a; 296.25, subdivision 1a; 297A.01, subdivision 20; 297A.14, subdivision 3; 297A.15, subdivision 5; 297A.24, subdivision 2; and 469.150; Minnesota Statutes 1995 Supplement, sections 270B.12, subdivision 11; 276.012; 290A.055; 290A.26; and 469.176, subdivision 7; Laws 1971, chapter 869, section 6, subdivision 3; Laws 1987, chapter 285; and Laws 1995, chapter 264, article 4.

The bill was read for the first time and referred to the Committee on Ways and Means.

McGuire, Greiling, Mahon and Marko introduced:

H. F. No. 3250, A bill for an act relating to taxation; establishing a legislative task force to study the property tax and local government aid systems; requiring a report to the legislature; providing for appointments.

The bill was read for the first time and referred to the Committee on Taxes.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7658

Wenzel introduced:

H. F. No. 3251, A bill for an act relating to health; requiring information be provided to a woman upon whom an abortion is to be performed; requiring certification; requiring publication and provision of information and material; requiring reports; providing penalties; amending Minnesota Statutes 1994, sections 145.411, subdivision 1, and by adding subdivisions; and 145.412, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 145.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Greenfield introduced:

H. F. No. 3252, A bill for an act relating to human services; expanding the coverage of the unitary residence act to community-based services; removing income maintenance, medical, and employment programs from coverage under certain provisions; limiting the ability to change residence while in an excluded time status; reinstituting the concept of derivative settlement between human service programs; eliminating the tie between social service and income maintenance programs; amending Minnesota Statutes 1994, sections 256G.01, subdivision 3, and by adding subdivisions; 256G.02, subdivisions 4 and 6; 256G.03; 256G.06; 256G.07, subdivisions 1 and 2; 256G.09, subdivisions 2 and 5; and 256G.10; repealing Minnesota Statutes 1994, sections 256G.05, subdivision 1; and 256G.07, subdivision 3a.

The bill was read for the first time and referred to the Committee on Health and Human Services.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A.

Patrick E. Flahaven, Secretary of the Senate

Opatz moved that the House refuse to concur in the Senate amendments to H. F. No. 2008, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2148, 2188, 2419 and 2272.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2552, 1796, 2088 and 1938.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7659

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2760, 2332, 2149 and 2296.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2148, A bill for an act relating to utilities; holding members of a team of science advisors to study the effects of stray voltage in the earth immune from suit based on its report; indemnifying members for court costs.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

S. F. No. 2188, A bill for an act relating to economic development; clarifying local conflict of interest provisions; amending Minnesota Statutes 1994, sections 13.99, subdivision 97a; 469.174, subdivision 2; and 471.88, subdivision 14; Minnesota Statutes 1995 Supplement, section 216B.161, subdivision 1; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; and 469.150.

The bill was read for the first time and referred to the Committee on Taxes.

S. F. No. 2419, A bill for an act relating to veterans affairs; authorizing the placement of a plaque on the capitol grounds recognizing the service of women veterans from all wars.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

S. F. No. 2272, A bill for an act relating to health; extending the repealer of the prohibition on exclusive relationships; amending Minnesota Statutes 1994, section 62Q.09, subdivision 5.

The bill was read for the first time.

Cooper moved that S. F. No. 2272 and H. F. No. 2624, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2552, A bill for an act relating to workers' compensation; modifying provisions governing calculation of premiums; modifying provisions relating to independent contractors; exempting certain rules from expiration; changing terms of a pilot program; making technical changes; amending Minnesota Statutes 1995 Supplement, sections 79.53, subdivision 1; 79.55, subdivision 5; 176.136, subdivision 1a; 176.1812, subdivisions 1 and 6; and 176.261; proposing coding for new law in Minnesota Statutes, chapter 176.

The bill was read for the first time.

Leighton moved that S. F. No. 2552 and H. F. No. 2867, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1796, A bill for an act relating to crime; increasing the penalty for intentionally discharging a firearm under dangerous circumstances; expanding the scope of the transit vehicle crime; amending Minnesota Statutes 1994, sections 609.66, subdivision 1a; and 609.855, subdivision 5.

The bill was read for the first time and referred to the Committee on Judiciary.


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S. F. No. 2088, A bill for an act relating to the environment; authorizing the use of certain incinerators; expanding the eligible installation dates; amending Laws 1995, chapter 87, section 1.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

S. F. No. 1938, A bill for an act relating to juvenile justice; authorizing continued detention of juveniles in jails and lockups under certain circumstances; amending Minnesota Statutes 1994, section 260.171, subdivision 2.

The bill was read for the first time and referred to the Committee on Judiciary.

S. F. No. 2760, A bill for an act relating to agriculture; providing an exception to alien ownership of agricultural land for production of timber and forestry products; amending Minnesota Statutes 1994, section 500.221, subdivision 2.

The bill was read for the first time.

Brown moved that S. F. No. 2760 and H. F. No. 3146, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2332, A bill for an act relating to health professions; modifying provisions relating to sexual misconduct; amending Minnesota Statutes 1994, sections 13.99, subdivision 44; 147.01, subdivision 4; and 147.091, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 147.

The bill was read for the first time.

Greenfield moved that S. F. No. 2332 and H. F. No. 2633, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2149, A bill for an act relating to employment; modifying provisions relating to payment of wages; reducing the age requirement for newspaper carriers under the children labor law; amending Minnesota Statutes 1994, sections 181.032; 181.13; 181.14; and 181A.07, subdivision 3.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

S. F. No. 2296, A bill for an act relating to state trails; establishing a new trail in Freeborn and Mower counties; amending Minnesota Statutes 1994, section 85.015, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 85.015, subdivision 7.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2802.

CALL OF THE HOUSE

On the motion of Knight and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams       Erhardt      Kinkel       Murphy       Stanek
Anderson, B. Farrell      Knight       Ness         Sviggum
Anderson, R. Finseth      Knoblach     Olson, E.    Swenson, H.
Bakk         Frerichs     Koppendrayer Olson, M.    Sykora
Bertram      Garcia       Kraus        Onnen        Tomassoni
Bettermann   Girard       Krinkie      Opatz        Tompkins
Bishop       Goodno       Larsen       Orenstein    Trimble
Boudreau     Greenfield   Leighton     Osskopp      Tuma
Bradley      Greiling     Leppik       Ostrom       Tunheim
Broecker     Gunther      Lindner      Otremba      Van Dellen
Brown        Haas         Long         Ozment       Vickerman
Carlson, L.  Hackbarth    Lourey       Paulsen      Wagenius
Carlson, S.  Harder       Luther       Pawlenty     Warkentin
Carruthers   Hasskamp     Lynch        Pelowski     Weaver
Clark        Hausman      Macklin      Perlt        Wejcman
Commers      Holsten      Mahon        Peterson     Wenzel
Cooper       Huntley      Mares        Pugh         Winter
Daggett      Jaros        Mariani      Rest         Wolf
Dauner       Jefferson    Marko        Rhodes       Worke
Davids       Johnson, A.  McCollum     Rostberg     Workman
Dawkins      Johnson, R.  McElroy      Rukavina     Sp.Anderson,I

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Dehler Johnson, V. McGuire Sarna Delmont Kahn Milbert Schumacher Dempsey Kalis Molnau Skoglund Dorn Kelley Mulder Smith Entenza Kelso Munger Solberg
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

S. F. No. 2802, A bill for an act relating to natural resources; providing an appropriation for snowmobile grants-in-aid; requiring a report; appropriating money.

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.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 109 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Entenza      Kalis        Munger       Skoglund
Anderson, R. Erhardt      Kelley       Murphy       Smith
Bakk         Farrell      Kelso        Ness         Solberg
Bertram      Finseth      Kinkel       Olson, E.    Sviggum
Bettermann   Frerichs     Knoblach     Onnen        Swenson, H.
Bishop       Garcia       Koppendrayer Opatz        Sykora
Boudreau     Girard       Kraus        Orenstein    Tomassoni
Bradley      Goodno       Larsen       Osskopp      Tompkins
Broecker     Greenfield   Leighton     Ostrom       Trimble
Brown        Gunther      Leppik       Otremba      Tuma
Carlson, L.  Haas         Lieder       Ozment       Tunheim
Carlson, S.  Hackbarth    Lindner      Pellow       Van Engen
Carruthers   Harder       Lourey       Pelowski     Vickerman
Clark        Hasskamp     Luther       Perlt        Warkentin
Cooper       Holsten      Macklin      Peterson     Wejcman
Daggett      Huntley      Mares        Pugh         Wenzel
Davids       Jaros        Mariani      Rest         Winter
Dawkins      Jefferson    McElroy      Rhodes       Wolf
Dehler       Johnson, A.  McGuire      Rostberg     Worke
Delmont      Johnson, R.  Milbert      Rukavina     Workman
Dempsey      Johnson, V.  Molnau       Sarna        Sp.Anderson,I
Dorn         Kahn         Mulder       Schumacher   
Those who voted in the negative were:

Abrams       Hausman      Lynch        Olson, M.    Van Dellen
Commers      Knight       Mahon        Paulsen      Wagenius
Dauner       Krinkie      Marko        Pawlenty     Weaver 
Greiling     Long         McCollum     Stanek       
The bill was passed and its title agreed to.

CALL OF THE HOUSE LIFTED

Brown moved that the call of the House be suspended. The motion prevailed and it was so ordered.


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CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2206.

H. F. No. 2206 was reported to the House.

Kinkel moved to amend H. F. No. 2206, the third engrossment, as follows:

Page 29, line 20, delete everything after the first "revenue" and insert a period

Page 29, delete lines 21 and 22

The motion prevailed and the amendment was adopted.

Knoblach moved to amend H. F. No. 2206, the third engrossment, as amended, as follows:

Page 25, line 22, after the period, insert "Upon a positive evaluation the commissioners of finance and employee relations shall immediately develop policies necessary to extend negative time reporting to all state employees."

The motion prevailed and the amendment was adopted.

Knoblach moved to amend H. F. No. 2206, the third engrossment, as amended, as follows:

Page 8, after line 18, insert:

"Sec. 13. Minnesota Statutes 1994, section 16B.36, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY.] The commissioner may examine, investigate, or make a survey of the organization, administration, and management of state agencies and institutions under their control, and may assist state agencies by providing analytical, statistical, and organizational development services to them in order to secure greater efficiency and economy through reorganization or consolidation of agencies or functions and to eliminate duplication of function, effort, or activity, so far as possible. The commissioner shall periodically submit to the legislature a list of the studies being conducted for this purpose and any future studies scheduled at the time the list is submitted. For purposes of this section, the Minnesota state colleges and universities is a state agency.

Sec. 14. Minnesota Statutes 1994, section 16B.37, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER'S AUTHORITY.] To improve efficiency and avoid duplication, the commissioner may transfer personnel, powers, or duties, or any combination of them, from a state agency to another state agency that has been in existence for at least one year prior to the date of transfer. A transfer must have received the prior approval of the governor. The commissioner shall no later than January 15 of each year submit to the legislature a bill making all statutory changes required by reorganization orders issued by the commissioner during the preceding calendar year. For purposes of this section, the Minnesota state colleges and universities is a state agency."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knoblach amendment and the roll was called. There were 23 yeas and 109 nays as follows:

Those who voted in the affirmative were:

Broecker     Hackbarth    Knoblach     Pawlenty     Van Dellen
Commers      Holsten      Krinkie      Rostberg     Vickerman
Frerichs     Jaros        Larsen       Rukavina     Workman 
Girard       Jefferson    Mares        Swenson, D.  
Haas         Knight       Osskopp      Swenson, H.  

JOURNAL OF THE HOUSE - 86th Day - Top of Page 7663

Those who voted in the negative were:

Abrams       Dorn         Kinkel       Murphy       Skoglund
Anderson, B. Entenza      Koppendrayer Ness         Smith
Anderson, R. Erhardt      Kraus        Olson, E.    Solberg
Bakk         Farrell      Leighton     Olson, M.    Stanek
Bertram      Finseth      Leppik       Onnen        Sviggum
Bettermann   Garcia       Lieder       Opatz        Sykora
Bishop       Goodno       Lindner      Orenstein    Tomassoni
Boudreau     Greenfield   Long         Osthoff      Tompkins
Bradley      Greiling     Lourey       Ostrom       Trimble
Brown        Gunther      Luther       Otremba      Tuma
Carlson, L.  Harder       Lynch        Ozment       Tunheim
Carlson, S.  Hasskamp     Macklin      Paulsen      Van Engen
Carruthers   Hausman      Mahon        Pellow       Wagenius
Clark        Huntley      Mariani      Pelowski     Warkentin
Cooper       Jennings     Marko        Perlt        Weaver
Daggett      Johnson, A.  McCollum     Peterson     Wejcman
Dauner       Johnson, R.  McElroy      Pugh         Wenzel
Davids       Johnson, V.  McGuire      Rest         Winter
Dawkins      Kahn         Milbert      Rhodes       Wolf
Dehler       Kalis        Molnau       Rice         Worke
Delmont      Kelley       Mulder       Sarna        Sp.Anderson,I
Dempsey      Kelso        Munger       Schumacher   
The motion did not prevail and the amendment was not adopted.

H. F. No. 2206, A bill for an act relating to education; removing mandates from higher education; requiring increased accountability and performance for funding; amending Minnesota Statutes 1994, sections 15.43, subdivisions 2 and 3; 16B.01, subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, subdivisions 1, 3, 4, and by adding a subdivision; 16B.35, by adding a subdivision; 16B.41, subdivision 2; 16B.482; 16B.49; 16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2; 43A.05, subdivision 4; 43A.10, subdivision 3; 123.70, subdivision 10; 135A.033; 135A.14, as amended; 137.37; 169.448, subdivision 2; 201.1611; and 248.07, subdivision 7; Minnesota Statutes 1995 Supplement, sections 16B.17, subdivision 6; 16B.465, subdivision 4; 43A.06, subdivision 1; 135A.181; 136A.101, subdivision 10; 136F.06, subdivisions 1 and 2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 136F.71, by adding a subdivision; 136F.72, subdivision 3; 136F.80, subdivision 2; and 169.441, subdivision 5; Laws 1995, chapter 212, article 2, sections 15; and 20, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136F; repealing Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; and 137.33; Minnesota Statutes 1995 Supplement, sections 135A.08; 136F.25; and 136F.59, subdivision 1; Laws 1995, chapter 212, article 1, section 6, subdivision 1.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Murphy       Skoglund
Anderson, B. Farrell      Kinkel       Ness         Smith
Anderson, R. Finseth      Knoblach     Olson, E.    Solberg
Bakk         Frerichs     Koppendrayer Olson, M.    Stanek
Bertram      Garcia       Kraus        Onnen        Sviggum
Bettermann   Girard       Larsen       Opatz        Swenson, D.
Bishop       Goodno       Leighton     Orenstein    Swenson, H.
Boudreau     Greenfield   Leppik       Osskopp      Sykora
Bradley      Greiling     Lieder       Osthoff      Tomassoni
Broecker     Gunther      Lindner      Ostrom       Tompkins
Brown        Haas         Long         Otremba      Trimble
Carlson, L.  Hackbarth    Lourey       Ozment       Tuma
Carlson, S.  Harder       Luther       Paulsen      Tunheim
Carruthers   Hasskamp     Lynch        Pawlenty     Van Dellen
Clark        Hausman      Macklin      Pellow       Van Engen
Commers      Holsten      Mahon        Pelowski     Vickerman
Cooper       Huntley      Mares        Perlt        Wagenius
Daggett      Jaros        Mariani      Peterson     Warkentin
Dauner       Jefferson    Marko        Pugh         Weaver
Davids       Jennings     McCollum     Rest         Wejcman
Dawkins      Johnson, A.  McElroy      Rhodes       Wenzel
Dehler       Johnson, R.  McGuire      Rice         Winter
Delmont      Johnson, V.  Milbert      Rostberg     Wolf
Dempsey      Kahn         Molnau       Rukavina     Worke
Dorn         Kalis        Mulder       Sarna        Sp.Anderson,I
Entenza      Kelley       Munger       Schumacher   

JOURNAL OF THE HOUSE - 86th Day - Top of Page 7664

Those who voted in the negative were:

Knight       Krinkie      Workman      
The bill was passed, as amended, and its title agreed to.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 3217.

H. F. No. 3217, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

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 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Murphy       Skoglund
Anderson, B. Farrell      Kinkel       Ness         Smith
Anderson, R. Finseth      Knoblach     Olson, E.    Solberg
Bakk         Frerichs     Koppendrayer Olson, M.    Stanek
Bertram      Garcia       Kraus        Onnen        Sviggum
Bettermann   Girard       Larsen       Opatz        Swenson, D.
Bishop       Goodno       Leighton     Orenstein    Swenson, H.
Boudreau     Greenfield   Leppik       Osskopp      Sykora
Bradley      Greiling     Lieder       Osthoff      Tomassoni
Broecker     Gunther      Lindner      Ostrom       Tompkins
Brown        Haas         Long         Otremba      Trimble
Carlson, L.  Hackbarth    Lourey       Ozment       Tuma
Carlson, S.  Harder       Luther       Paulsen      Tunheim
Carruthers   Hasskamp     Lynch        Pawlenty     Van Dellen
Clark        Hausman      Macklin      Pellow       Van Engen
Commers      Holsten      Mahon        Pelowski     Vickerman
Cooper       Huntley      Mares        Perlt        Wagenius
Daggett      Jaros        Mariani      Peterson     Warkentin
Dauner       Jefferson    Marko        Pugh         Weaver
Davids       Jennings     McCollum     Rest         Wejcman
Dawkins      Johnson, A.  McElroy      Rhodes       Wenzel
Dehler       Johnson, R.  McGuire      Rice         Winter
Delmont      Johnson, V.  Milbert      Rostberg     Wolf
Dempsey      Kahn         Molnau       Rukavina     Worke
Dorn         Kalis        Mulder       Sarna        Sp.Anderson,I
Entenza      Kelley       Munger       Schumacher   
Those who voted in the negative were:

Knight       Krinkie      Workman      
The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. No. 558; H. F. Nos. 2298, 1404 and 2752; S. F. No. 1925; H. F. No. 2322; S. F. No. 2009; H. F. No. 2670; S. F. Nos. 2020, 2166 and 1800; and H. F. No. 2115.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7665

SPECIAL ORDERS

S. F. No. 558 was reported to the House.

Rest moved to amend S. F. No. 558, the unofficial engrossment, as follows:

Page 4, delete lines 25 to 36 and insert:

"Sec. 4. [461.18] [EFFECT ON LOCAL ORDINANCE.]

Nothing in sections 1 to 3 preempts a local ordinance that provides for penalties against licensees, employees, and other individuals, or that otherwise provides for more restrictive regulation of retail tobacco sales."

Page 5, delete "machines."

Renumber remaining sections in sequence

A roll call was requested and properly seconded.

The question was taken on the Rest amendment and the roll was called. There were 76 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Leppik       Orenstein    Swenson, H.
Anderson, B. Greenfield   Lieder       Ostrom       Sykora
Anderson, R. Greiling     Long         Ozment       Tompkins
Bertram      Harder       Lourey       Paulsen      Trimble
Bishop       Hasskamp     Luther       Pawlenty     Tuma
Broecker     Hausman      Mahon        Pelowski     Van Dellen
Carlson, L.  Jefferson    Mariani      Peterson     Wagenius
Carlson, S.  Kahn         Marko        Pugh         Warkentin
Carruthers   Kalis        McCollum     Rest         Weaver
Clark        Kelley       McGuire      Rhodes       Wejcman
Commers      Kelso        Mulder       Rostberg     Winter
Dawkins      Knight       Murphy       Schumacher   Sp.Anderson,I
Dorn         Knoblach     Ness         Seagren      
Entenza      Krinkie      Olson, M.    Skoglund     
Farrell      Larsen       Onnen        Stanek       
Finseth      Leighton     Opatz        Swenson, D.  
Those who voted in the negative were:

Bakk         Dempsey      Johnson, R.  Molnau       Solberg
Bettermann   Erhardt      Johnson, V.  Olson, E.    Sviggum
Boudreau     Frerichs     Kinkel       Osskopp      Tomassoni
Bradley      Girard       Koppendrayer Osthoff      Tunheim
Brown        Gunther      Kraus        Otremba      Van Engen
Cooper       Haas         Lindner      Pellow       Vickerman
Daggett      Hackbarth    Lynch        Perlt        Wenzel
Dauner       Holsten      Macklin      Rice         Wolf
Davids       Huntley      Mares        Rukavina     Worke
Dehler       Jennings     McElroy      Sarna        Workman 
Delmont      Johnson, A.  Milbert      Smith        
The motion prevailed and the amendment was adopted.

Jennings moved that S. F. No. 558, the unofficial engrossment, as amended, be returned to General Orders. The motion prevailed.

MOTION FOR RECONSIDERATION

Sviggum moved that the vote whereby S. F. No. 2596 was not passed on Monday, February 26, 1996, be now reconsidered.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7666

A roll call was requested and properly seconded.

The question was taken on the Sviggum motion and the roll was called. There were 114 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Farrell      Kinkel       Ness         Smith
Bakk         Finseth      Knight       Olson, E.    Solberg
Bertram      Frerichs     Knoblach     Olson, M.    Stanek
Bettermann   Garcia       Koppendrayer Onnen        Sviggum
Bishop       Girard       Larsen       Opatz        Swenson, H.
Boudreau     Goodno       Leighton     Osskopp      Sykora
Broecker     Gunther      Lieder       Otremba      Tomassoni
Brown        Haas         Lindner      Ozment       Tompkins
Carlson, L.  Hackbarth    Long         Paulsen      Trimble
Carlson, S.  Harder       Lourey       Pawlenty     Tuma
Carruthers   Hasskamp     Luther       Pellow       Tunheim
Clark        Holsten      Macklin      Pelowski     Van Dellen
Cooper       Huntley      Mahon        Perlt        Van Engen
Daggett      Jaros        Mares        Peterson     Vickerman
Dauner       Jefferson    Mariani      Pugh         Warkentin
Davids       Jennings     Marko        Rest         Wejcman
Dawkins      Johnson, A.  McCollum     Rice         Wenzel
Dehler       Johnson, R.  McElroy      Rostberg     Winter
Delmont      Johnson, V.  Milbert      Rukavina     Wolf
Dempsey      Kahn         Molnau       Sarna        Worke
Dorn         Kalis        Mulder       Schumacher   Workman
Entenza      Kelley       Munger       Seagren      Sp.Anderson,I
Erhardt      Kelso        Murphy       Skoglund     
Those who voted in the negative were:

Abrams       Greenfield   Krinkie      Ostrom       Weaver 
Anderson, R. Greiling     Leppik       Rhodes       
Bradley      Hausman      Lynch        Swenson, D.  
Commers      Kraus        Osthoff      Wagenius     
The motion prevailed.

S. F. No. 2596 was reported to the House.

MOTION FOR RECONSIDERATION

Sviggum moved that the action whereby S. F. No. 2596 was given its third reading on Monday, February 26, 1996, be now reconsidered.

The question was taken on the Sviggum motion and the roll was called. There were 56 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Osskopp      Tuma
Anderson, B. Frerichs     Kraus        Osthoff      Van Dellen
Bettermann   Goodno       Krinkie      Paulsen      Van Engen
Bishop       Gunther      Lindner      Pawlenty     Vickerman
Boudreau     Haas         Macklin      Pellow       Warkentin
Bradley      Harder       Mares        Rukavina     Weaver
Broecker     Holsten      McElroy      Stanek       Worke
Carlson, S.  Jennings     Milbert      Sviggum      Workman 
Commers      Johnson, R.  Molnau       Swenson, D.  
Daggett      Johnson, V.  Mulder       Swenson, H.  
Davids       Knight       Olson, M.    Sykora       
Dehler       Knoblach     Onnen        Tompkins     
Those who voted in the negative were:

Anderson, R. Garcia       Larsen       Olson, E.    Seagren
Bakk         Girard       Leighton     Opatz        Skoglund
Bertram      Greenfield   Leppik       Orenstein    Smith
Brown        Greiling     Lieder       Ostrom       Solberg
Carlson, L.  Hackbarth    Long         Otremba      Tomassoni

JOURNAL OF THE HOUSE - 86th Day - Top of Page 7667
Carruthers Hasskamp Lourey Ozment Trimble Clark Hausman Luther Pelowski Tunheim Cooper Huntley Lynch Perlt Wagenius Dauner Jaros Mahon Peterson Wejcman Dawkins Jefferson Mariani Pugh Wenzel Delmont Johnson, A. Marko Rest Winter Dempsey Kahn McCollum Rhodes Wolf Dorn Kalis McGuire Rice Sp.Anderson,I Entenza Kelley Munger Rostberg Farrell Kelso Murphy Sarna Finseth Kinkel Ness Schumacher
The motion did not prevail.

S. F. No. 2596, A bill for an act relating to game and fish; providing an appropriation for emergency deer feeding; appropriating money; amending Minnesota Statutes 1994, section 97A.075, subdivision 1.

The bill was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 87 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dorn         Johnson, R.  Olson, E.    Skoglund
Bakk         Entenza      Johnson, V.  Olson, M.    Smith
Bertram      Erhardt      Kalis        Onnen        Solberg
Bettermann   Finseth      Kelso        Opatz        Sviggum
Bishop       Frerichs     Kinkel       Osskopp      Swenson, H.
Boudreau     Garcia       Koppendrayer Otremba      Tomassoni
Brown        Girard       Larsen       Ozment       Tompkins
Carlson, L.  Goodno       Leighton     Pellow       Tuma
Carruthers   Gunther      Lieder       Pelowski     Tunheim
Clark        Haas         Lourey       Perlt        Van Engen
Cooper       Hackbarth    Luther       Peterson     Warkentin
Daggett      Hasskamp     Macklin      Pugh         Wenzel
Dauner       Holsten      McElroy      Rest         Winter
Davids       Huntley      Milbert      Rice         Worke
Dawkins      Jaros        Molnau       Rostberg     Sp.Anderson,I
Dehler       Jefferson    Munger       Rukavina     
Delmont      Jennings     Murphy       Sarna        
Dempsey      Johnson, A.  Ness         Schumacher   
Those who voted in the negative were:

Abrams       Hausman      Lynch        Ostrom       Vickerman
Anderson, R. Kahn         Mahon        Paulsen      Wagenius
Bradley      Kelley       Mares        Pawlenty     Weaver
Broecker     Knight       Mariani      Rhodes       Wejcman
Carlson, S.  Knoblach     Marko        Seagren      Wolf
Commers      Kraus        McCollum     Stanek       Workman 
Farrell      Krinkie      McGuire      Swenson, D.  
Greenfield   Leppik       Mulder       Sykora       
Greiling     Lindner      Orenstein    Trimble      
Harder       Long         Osthoff      Van Dellen   
The bill was passed and its title agreed to.

There being no objection, the order of business reverted to Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 1964, A bill for an act relating to game and fish; requiring a turkey stamp; setting a fee; directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.055, subdivisions 4 and 4a; 97A.075, by adding a subdivision; 97A.475, subdivision 5; 97B.603; and 97B.721.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7668

Reported the same back with the following amendments:

Page 3, delete lines 11 and 12

Page 3, line 13, delete "(4)" and insert "(3)"

Page 3, line 14, delete "(5)" and insert "(4)"

Page 3, line 18, delete "to (3)" and insert "and (2)"

Page 3, line 20, delete "(4)" and insert "(3)"

Page 3, line 21, delete "(5)" and insert "(4)"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 2799, A bill for an act relating to natural resources; modifying provisions for aquatic farms; establishing a season for harvesting ripe wild rice; modifying the registration requirements for off-highway motorcycles and all-terrain vehicles; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying priorities for the disposal of state hatchery eggs or fry; modifying the exception for trout and salmon stamps; modifying restrictions on taking sturgeon and paddlefish; removing certain provisions related to wild rice; amending Minnesota Statutes 1994, sections 17.4982, subdivisions 8, 10, 17, 21, and by adding a subdivision; 17.4984, subdivisions 2 and 7; 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 and 3; 17.4993, subdivision 1; 97A.451, by adding a subdivision; 97A.455; 97A.535, by adding a subdivision; 97C.203; 97C.305, subdivision 2; and 97C.411; Minnesota Statutes 1995 Supplement, sections 84.788, subdivision 3; 84.922, subdivision 2; and 97A.451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1994, sections 84.09; and 84.14.

Reported the same back with the following amendments:

Page 9, line 13, strike the first "an" and insert "a commercial" and strike the second "an" and insert "a commercial"

Page 9, line 15, delete "which" and insert "that are for sale and that"

Page 9, line 18, after "life" insert "that are for sale and that are"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7669

law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.

Reported the same back with the following amendments:

Page 17, line 8, after "technologies" insert ", including cold weather testing"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

S. F. No. 2857, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16D.02, subdivision 2; 16D.03, subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 144C.03, subdivision 2; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, subdivisions 1 and 7; and 16D.12; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [STATE GOVERNMENT APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose.

SUMMARY BY FUND

1996 1997 TOTAL

General Fund $ 4,407,000 $ 3,181,000$ 7,588,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. OFFICE OF STRATEGIC AND LONG-RANGE PLANNING -0- 500,000

This appropriation is for planning and construction of a worker retraining center located at the St. Paul Ford plant. This appropriation requires that the project be coordinated with MNSCU higher education institutions and that the Ford company and the United Auto Workers union provide furnishings, robotics equipment, and an operating budget. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7670

Sec. 3. ADMINISTRATION -0- 1,100,000

$1,000,000 is for impact analysis and staff for state information system modifications relating to year 2000 date change requirements.

$134,000 of contributed capital is transferred from the electronic equipment rental fund to the micrographics/records center fund in fiscal year 1996.

$100,000 is for the Government Information Access Council. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.

Sec. 4. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 10,000 430,000

$250,000 is for design and construction of the Minnesota Women's Suffrage Memorial Garden on the capitol grounds. The last $50,000 of this appropriation is available only upon demonstration of a $50,000 match in nonstate funds.

$10,000 in fiscal year 1996 is for treatment of the surface of the Roy Wilkins memorial that must be performed immediately to prevent deterioration of the surface. Any amount of this appropriation not spent in fiscal year 1996 may be carried forward and spent in fiscal year 1997.

$180,000 in fiscal year 1997 is for revision of the board's comprehensive plan and zoning ordinance.

Sec. 5. FINANCE 4,397,000 -0-

$4,397,000 is for statewide operating systems. This appropriation is available until June 30, 1997.

By January 15, 1997, the sponsoring agencies of the statewide systems project shall report to the legislature. The report must include an accounting of money spent for statewide operating systems, and projections for future spending. The report also must include strategies for potential savings opportunities in operation of the statewide systems. The agencies must consider alternatives to mainframe operations. The report must describe efforts to: improve operator proficiency, modify software to achieve efficiencies, and educate users concerning efficient use of the systems.

The report must also include recommendations for management of user consumption of Intertech resources for the statewide systems, including the desirability of charge backs and fees for services.

Sec. 6. REVENUE -0- 976,000

This appropriation is to increase the department's audit presence in greater Minnesota and to make changes to the withholding system.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7671

It is anticipated that these changes will result in additional general fund revenues of $1,950,000 in fiscal year 1997.

The commissioner of finance shall certify the amount of additional general fund revenue generated as a result of this increased activity. The amount certified in excess of $976,000 is appropriated to the commissioner of finance in fiscal year 1997 for purposes of operation of the statewide systems. This appropriation is available until expended.

Sec. 7. HUMAN RIGHTS -0- 175,000

$100,000 is for additional enforcement and case processing staff.

The commissioner of human rights shall report to the legislature by January 15, 1997. The report must contain a plan for making probable cause determinations as expeditiously as possible, and for using the minimum possible amount of department resources on those cases in which no probable cause is found. The report also must contain a plan to eliminate the case backlog in the department, and a plan to process future cases in a manner that complies with statutory time deadlines.

$75,000 is for an alternative dispute resolution program.

Sec. 8. [3.154] [FAILURE TO CARRY OUT LAW.]

(a) A standing committee of the house of representatives or the senate or a finance division of a standing committee may, by a majority vote of all of its members, determine that an executive branch agency intentionally has failed to implement a law in the manner required by the legislature. Before making such a determination, the committee or division must notify the agency of the law that is the subject of the alleged violation and must allow agency representatives to testify before the committee.

(b) Upon a determination of intentional failure to implement a law under paragraph (a), the commissioner of finance must reduce the direct appropriated operating budget of the agency, or the division of the agency responsible for the failure to implement the law, by ten percent for the fiscal year in which the determination under paragraph (a) occurred. However, the appropriation reduction required by this paragraph need not take place if the governor issues an executive order citing the law in issue and explaining why the governor believes the agency has not intentionally failed to implement the law.

Sec. 9. [3.3055] [INFORMATION SYSTEM REVIEW.]

The legislature shall establish an ongoing structure and process for legislative review of state agency development and acquisition of information systems, including:

(1) evaluation of plans for state agency information systems projects before the projects become formal budget recommendations;

(2) evaluation of state agency information systems projects that are included in the governor's budget recommendations; and

(3) oversight of the executive branch's implementation of state agency information systems projects that the legislature funds.

State agencies must submit information concerning these systems to the legislature at the time and in the manner requested by legislative committees or commissions.


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Sec. 10. [3.3056] [COMMITTEES; TASK FORCES.]

A legislative commission, with the consent of the speaker of the house of representatives and of the committee on committees of the senate, may appoint legislators, including legislators who are not members of the legislative commission, to a committee, subcommittee, or task force to assist and advise the commission in carrying out its duties. The legislative commission must pay for any expenses of the committee, subcommittee, or task force out of funds appropriated to the legislative commission.

Sec. 11. Minnesota Statutes 1994, section 8.15, is amended by adding a subdivision to read:

Subd. 5. [REIMBURSEMENTS.] State agencies receiving legal services from the attorney general for nongeneral funded activities shall reimburse the full cost of those services to the general fund based on periodic billings prepared by the attorney general. Payment must be made to the attorney general for deposit to the general fund as a nondedicated receipt. The attorney general, in consultation with the commissioner of finance, shall develop reimbursement policies and procedures related to legal services.

Sec. 12. [10.55] [JUNETEENTH.]

June 19 is designated Juneteenth in recognition of the historical pronouncement of the abolition of slavery on June 19, 1865, when the Emancipation Proclamation was said to have been first publicly read in Texas. The governor may take any action necessary to promote and encourage the observance of Juneteenth and public schools may offer instruction and programs on the occasion.

Sec. 13. [14.045] [AGENCIES; LIMITS ON PENALTIES.]

Subdivision 1. [LIMIT ON PENALTIES.] An agency may not, under authority of rule, levy a total fine or penalty of more than $700 for a single violation unless the agency has specific statutory authority to levy a fine in excess of that amount.

Subd. 2. [CRIMINAL PENALTY.] An agency may not, by rule, establish a criminal penalty unless the agency has specific statutory authority to do so.

Subd. 3. [FACTORS.] (a) If a statute or rule gives an agency discretion over the amount of a fine, the agency must take the following factors into account in determining the amount of the fine:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, and the natural resources of the state;

(3) the history of past violations;

(4) the number of violations;

(5) the economic benefit gained by the person by allowing or committing the violation; and

(6) other factors that justice may require.

(b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a):

(1) similarity of previous violations to the current violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Subd. 4. [EFFECT ON OTHER LAW.] This section does not affect the right of an agency to deny a permit, revoke a license, or take similar action, other than the imposition of a fine, even if the cost of the denial, revocation, or other action to the affected party exceeds $700.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7673

Subd. 5. [EFFECTIVE DATE.] This section applies only to fines and penalties imposed under rules for which notice of intent to adopt rules is published after the effective date of this section.

Sec. 14. Minnesota Statutes 1994, section 16A.11, subdivision 1, is amended to read:

Subdivision 1. [WHEN.] The governor shall submit a three-part four-part budget to the legislature. Parts one and two, the budget message and detailed operating budget, must be submitted by the fourth Tuesday in January in each odd-numbered year. Part three, the detailed recommendations as to capital expenditure, must be submitted as follows: agency capital budget requests by June 15 of each odd-numbered year; preliminary governor's recommendations by September 1 of each odd-numbered year; and final recommendations by February 1 of each even-numbered year. Part four, the detailed recommendations as to information technology expenditure, must be submitted at the same time the governor submits the budget message to the legislature.

Sec. 15. Minnesota Statutes 1994, section 16A.11, is amended by adding a subdivision to read:

Subd. 3b. [PART FOUR; DETAILED INFORMATION TECHNOLOGY BUDGET.] The detailed information technology budget must include recommendations for information technology projects to be funded during the next biennium and planning estimates for an additional two biennia. It must be submitted with projects ranked in order of importance among all projects as determined by the governor.

Sec. 16. Minnesota Statutes 1995 Supplement, section 16D.02, subdivision 8, is amended to read:

Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota collection enterprise, a separate unit of government established to carry out the provisions of this chapter, pursuant to under the commissioner's authority to contract with of the commissioner of revenue for collection services under section 16D.04, subdivision 1.

Sec. 17. Minnesota Statutes 1994, section 16D.03, subdivision 2, is amended to read:

Subd. 2. [STATE AGENCY REPORTS.] State agencies shall report quarterly to the commissioner the debts owed to them. The commissioner, in consultation with the commissioners of revenue and human services, and the attorney general, shall establish internal guidelines for the recognition, tracking, reporting, and collection of debts owed the state. The internal guidelines must include accounting standards, performance measurements, and uniform reporting requirements applicable to all state agencies. The commissioner shall require a state agency to recognize, track, report, and attempt to collect debts according to the internal guidelines.

Sec. 18. Minnesota Statutes 1994, section 16D.04, as amended by Laws 1995, chapter 254, article 5, sections 5 and 6, is amended to read:

16D.04 [COLLECTION ACTIVITIES.]

Subdivision 1. [RESPONSIBILITY.] The commissioner of revenue shall supervise and operate the enterprise in all debt collection activity.

Subd. 1a. [DUTIES.] The commissioner enterprise shall provide services to the state and its agencies to collect debts owed the state. The commissioner enterprise is not a collection agency as defined by section 332.31, subdivision 3, and is not licensed, bonded, or regulated by the commissioner of commerce under sections 332.31 to 332.35 or 332.38 to 332.45. The commissioner enterprise is subject to section 332.37, except clause (9) or (10). The commissioner may contract with the commissioner of revenue for collection services, and may delegate to the commissioner of revenue any of the commissioner's duties and powers under this chapter. Debts referred to the commissioner of revenue for collection under this section or section 256.9792 may in turn be referred by the commissioner of revenue to the enterprise. An audited financial statement may not be required as a condition of debt placement with a private agency if the private agency: (1) has errors and omissions coverage under a professional liability policy in an amount of at least $1,000,000; or (2) has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In cases of debts referred under section 256.9792, the provisions of this chapter and section 256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions of section 256.9792 control. For purposes of this chapter, the referring agency for such debts remains the department of human services.

Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at its option, refer debts to the commissioner enterprise for collection. The ultimate responsibility for the debt, including the reporting of the debt to the commissioner and the decision with regard to the continuing collection and uncollectibility of the debt, remains with the referring state agency.


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Subd. 3. [SERVICES.] The commissioner enterprise shall provide collection services for a state agency, and may provide for collection services for a court, in accordance with the terms and conditions of a signed debt qualification plan.

Subd. 4. [AUTHORITY TO CONTRACT.] The commissioner and the enterprise may contract with credit bureaus, private collection agencies, and other entities as necessary for the collection of debts. A private collection agency acting under a contract with the commissioner or the enterprise is subject to sections 332.31 to 332.45, except that the private collection agency may indicate that it is acting under a contract with the commissioner or the enterprise. The commissioner and the enterprise may not delegate the powers provided under section 16D.08 to any nongovernmental entity.

Sec. 19. Minnesota Statutes 1994, section 16D.05, is amended to read:

16D.05 [PRIORITY OF SATISFACTION OF DEBTS.]

Subdivision 1. [MULTIPLE DEBTS.] If two or more debts owed by the same debtor are submitted to the commissioner enterprise, amounts collected on those debts must be applied as prescribed in this section.

Subd. 2. [ENFORCEMENT OF LIENS.] If the money received is collected on a judgment lien under chapter 550, a lien provided by chapter 514, a consensual lien or security interest, protection of an interest in property through chapter 570, by collection process provided by chapters 551 and 571, or by any other process by which the commissioner enterprise is enforcing rights in a particular debt, the money must be applied to that particular debt.

Subd. 3. [OTHER METHODS OF COLLECTION.] If the money is collected in any manner not specified in subdivision 2, the money collected must apply first to the satisfaction of any debts for child support. Any debts other than child support must be satisfied in the order in time in which the commissioner enterprise received the debts from the referring agency.

Sec. 20. Minnesota Statutes 1995 Supplement, section 16D.06, is amended to read:

16D.06 [DEBTOR INFORMATION.]

Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner enterprise or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner enterprise or the attorney general for the sole purpose of collecting debt. Not public data disseminated under this subdivision is limited to financial data of the debtor or data related to the location of the debtor or the assets of the debtor.

Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, created, or maintained by the commissioner enterprise or the attorney general to collect debts are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9. The commissioner enterprise or the attorney general may disclose not public data:

(1) under section 13.05;

(2) under court order;

(3) under a statute specifically authorizing access to the not public data;

(4) to provide notices required or permitted by statute;

(5) to an agent of the commissioner enterprise or the attorney general, including a law enforcement person, attorney, or investigator acting for the commissioner enterprise or the attorney general in the investigation or prosecution of a criminal or civil proceeding relating to collection of a debt;

(6) to report names of debtors, amount of debt, date of debt, and the agency to whom debt is owed to credit bureaus and private collection agencies under contract with the commissioner enterprise;

(7) when necessary to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt; and

(8) to the commissioner of revenue for tax administration purposes.


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The commissioner enterprise and the attorney general may not disclose data that is not public to a private collection agency or other entity with whom the commissioner enterprise has contracted under section 16D.04, subdivision 4, unless disclosure is otherwise authorized by law.

Sec. 21. Minnesota Statutes 1994, section 16D.07, is amended to read:

16D.07 [NOTICE TO DEBTOR.]

The referring agency shall send notice to the debtor by United States mail or personal delivery at the debtor's last known address at least 20 days before the debt is referred to the commissioner enterprise. The notice must state the nature and amount of the debt, identify to whom the debt is owed, and inform the debtor of the remedies available under this chapter.

Sec. 22. Minnesota Statutes 1994, section 16D.08, as amended by Laws 1995, chapter 254, article 5, section 8, is amended to read:

16D.08 [COLLECTION DUTIES AND POWERS.]

Subdivision 1. [DUTIES.] The commissioner enterprise shall take all reasonable and cost-effective actions to collect debts referred to the commissioner enterprise.

Subd. 2. [POWERS.] In addition to the collection remedies available to private collection agencies in this state, the commissioner enterprise, with legal assistance from the attorney general, may utilize any statutory authority granted to a referring agency for purposes of collecting debt owed to that referring agency. The commissioner enterprise may also use the tax collection remedies of the commissioner of revenue in sections 270.06, clauses (7) and (17), excluding the power to subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 290.92, subdivision 23, except that a continuous wage levy under section 290.92, subdivision 23, is only effective for 70 days, unless no competing wage garnishments, executions, or levies are served within the 70-day period, in which case a wage levy is continuous until a competing garnishment, execution, or levy is served in the second or a succeeding 70-day period, in which case a continuous wage levy is effective for the remainder of that period. A debtor who qualifies for cancellation of the collection penalty under section 16D.11, subdivision 3, clause (1), can apply to the commissioner of revenue for reduction or release of a continuous wage levy, if the debtor establishes that the debtor needs all or a portion of the wages being levied upon to pay for essential living expenses, such as food, clothing, shelter, medical care, or expenses necessary for maintaining employment. The commissioner's determination not to reduce or release a continuous wage levy is appealable to district court. The word "tax" or "taxes" when used in the tax collection statutes listed in this subdivision also means debts referred under this chapter. For debts other than state taxes or child support, before any of the tax collection remedies listed in this subdivision can be used, except for the remedies in section 270.06, clauses (7) and (17), if the referring agency has not already obtained a judgment or filed a lien, the commissioner enterprise must first obtain a judgment against the debtor.

Sec. 23. Minnesota Statutes 1994, section 16D.10, is amended to read:

16D.10 [CASE REVIEWER.]

The commissioner enterprise shall make a case reviewer available to debtors. The reviewer must be available to answer a debtor's questions concerning the collection process and to review the collection activity taken. If the reviewer reasonably believes that the particular action being taken is unreasonable or unfair, the reviewer may make recommendations to the commissioner enterprise in regard to the collection action.

Sec. 24. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 1, is amended to read:

Subdivision 1. [IMPOSITION.] As determined by the commissioner, a penalty shall be added to the debts referred to the commissioner enterprise or private collection agency for collection. The penalty is collectible by the commissioner enterprise or private agency from the debtor at the same time and in the same manner as the referred debt. The referring agency shall advise the debtor of the penalty under this section and the debtor's right to cancellation of the penalty under subdivision 3 at the time the agency sends notice to the debtor under section 16D.07. If the commissioner enterprise or private agency collects an amount less than the total due, the payment is applied proportionally to the penalty and the underlying debt. Penalties collected by the commissioner enterprise under this subdivision or retained under subdivision 6 shall be deposited in the general fund as nondedicated receipts. Penalties collected by private agencies are appropriated to the referring agency to pay the collection fees charged by the private agency. Penalty collections in excess of collection agency fees must be deposited in the general fund as nondedicated receipts.


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Sec. 25. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 2, is amended to read:

Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the time a debt is referred, the amount of the penalty is equal to 15 percent of the debt, or 25 percent of the debt remaining unpaid if the commissioner enterprise or private collection agency has to take enforced collection action by serving a summons and complaint on or entering judgment against the debtor, or by utilizing any of the remedies authorized under section 16D.08, subdivision 2, except for the remedies in sections 270.06, clause (7), and 270.66 or when referred by the commissioner enterprise for additional collection activity by a private collection agency. If, after referral of a debt to a private collection agency, the debtor requests cancellation of the penalty under subdivision 3, the debt must be returned to the commissioner enterprise for resolution of the request.

Sec. 26. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 4, is amended to read:

Subd. 4. [APPEAL.] Decisions of the commissioner of revenue denying an application to cancel the penalty under subdivision 3 are subject to the contested case procedure under chapter 14.

Sec. 27. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 5, is amended to read:

Subd. 5. [REFUND.] If a penalty is collected and then canceled, the amount of the penalty shall be refunded to the debtor within 30 days. The amount necessary to pay the refunds is annually appropriated to the commissioner enterprise.

Sec. 28. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 6, is amended to read:

Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is canceled under subdivision 3, an amount equal to the penalty is retained by the commissioner enterprise from the debt collected, and is accounted for and subject to the same provisions of this chapter as if the penalty had been collected from the debtor.

Sec. 29. Minnesota Statutes 1995 Supplement, section 16D.12, is amended to read:

16D.12 [PAYMENT OF COLLECTION AGENCY FEES.]

Unless otherwise expressly prohibited by law, a state agency may pay for the services of a state the enterprise or private collection agency from the money collected. The portion of the money collected which must be paid to the enterprise or private collection agency as its collection fee is appropriated from the fund to which the collected money is due.

Sec. 30. Minnesota Statutes 1995 Supplement, section 16D.14, is amended to read:

16D.14 [VENUE.]

Subdivision 1. [AUTHORIZATION.] The commissioner enterprise or the attorney general may bring an action to recover debts owed to the state in Ramsey county district court or Ramsey county conciliation court at the discretion of the state. In order to bring a cause of action under this section in any county other than the county where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general must notify the debtor as provided in subdivisions 2 to 4, unless that venue is authorized by other law.

Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] (a) Before bringing a conciliation court action for a claim for $2,500 or less under this section in any county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general shall send a form by first class mail to the debtor's last known address notifying the debtor of the intent to bring an action in Ramsey county. The commissioner enterprise or attorney general must enclose a form for the debtor to use to request that the action not be brought in Ramsey county and a self-addressed, postage paid envelope. The form must advise the debtor of the right to request that the action not be brought in Ramsey county and that the debtor has 30 days from the date of the form to make this request.

(b) If the debtor timely returns the form requesting the action not be brought in Ramsey county, the commissioner enterprise or attorney general may only file the action in the county of the debtor's residence, the county where the cause of action arose, or as provided by other law. The commissioner enterprise or attorney general shall notify the debtor of the action taken. If the debtor does not timely return the form, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section.


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(c) If a judgment is obtained in Ramsey county conciliation court when the form was sent by first class mail under this subdivision and the debtor reasonably demonstrates that the debtor did not reside at the address where the form was sent or that the debtor did not receive the form, the commissioner enterprise or the attorney general shall vacate the judgment without prejudice and return any funds collected as a result of enforcement of the judgment. Evidence of the debtor's correct address include, but are not limited to, a driver's license, homestead declaration, school registration, utility bills, or a lease or rental agreement.

Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) In order to bring a conciliation court claim that exceeds $2,500 under this section in a county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general shall serve with the conciliation court claim a change of venue form for the debtor to use to request that venue be changed and a self-addressed, postage paid return envelope. This form must advise the debtor that the form must be returned within 30 days of the date of service or venue will remain in Ramsey county.

(b) If the debtor timely returns the change of venue form requesting a change of venue, the commissioner enterprise or attorney general shall change the venue of the action to the county of the debtor's residence, the county where the cause of action arose, as provided by other law, or dismiss the action. The commissioner enterprise or attorney general must notify the debtor of the action taken. If the debtor does not timely return the form, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section. The commissioner enterprise or the attorney general shall file the signed return receipt card or the proof of service with the court.

Subd. 4. [DISTRICT COURT.] (a) In order to bring a district court action under this section in any county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or attorney general shall serve the change of venue form with the summons and complaint or petition commencing the collection action. Two copies of the form must be served along with a self-addressed, postage paid return envelope. The form must advise the debtor that the form must be returned within 20 days of the date of service or venue will remain in Ramsey county. If the debtor timely returns the change of venue form, the time to answer the summons and complaint or petition runs from the date of debtor's request for change of venue.

(b) If the debtor timely returns the change of venue form requesting that the action not be brought in Ramsey county, the commissioner enterprise or attorney general shall change the venue of the action to the county of the debtor's residence, the county where the cause of action arose, as provided by other law, or dismiss the action. The commissioner enterprise or attorney general shall notify the debtor of the action taken. If the debtor is served the form to change venue along with the district court summons and complaint or petition, in accordance with court rules, but does not return the form within the statutory timelines, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section. The commissioner enterprise or attorney general shall file the proof of service along with the summons and complaint or petition commencing the lawsuit.

Subd. 5. [FEES.] No court filing fees, docketing fees, or release of judgment fees may be assessed against the state for collection actions filed under this chapter.

Sec. 31. Minnesota Statutes 1995 Supplement, section 16D.16, is amended to read:

16D.16 [SETOFFS.]

Subdivision 1. [AUTHORIZATION.] The commissioner enterprise or a state agency may automatically deduct the amount of a debt owed to the state from any state payment due to the debtor, except tax refunds, earned income tax credit, child care tax credit, prejudgment debts of $5,000 or less, funds exempt under section 550.37, or funds owed an individual who receives assistance under the provisions of chapter 256 are not subject to setoff under this chapter. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.

Subd. 2. [NOTICE AND HEARING.] Before setoff, the commissioner enterprise or state agency shall mail written notice by certified mail to the debtor, addressed to the debtor's last known address, that the commissioner enterprise or state agency intends to set off a debt owed to the state by the debtor against future payments due the debtor from the state. For debts owed to the state that have not been reduced to judgment, if no opportunity to be heard or administrative appeal process has yet been made available to the debtor to contest the validity or accuracy of the debt, before setoff for a prejudgment debt, the notice to the debtor must advise that the debtor has a right to make a written request for a contested case hearing on the validity of the debt or the right to setoff. The debtor has 30 days from


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the date of that notice to make a written request for a contested case hearing to contest the validity of the debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner enterprise or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing, the commissioner enterprise or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner enterprise or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.

Sec. 32. Minnesota Statutes 1994, section 69.021, subdivision 4, is amended to read:

Subd. 4. [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS; CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner shall determine which municipalities and independent nonprofit firefighting corporations are qualified to receive fire state aid and which municipalities and counties are qualified to receive state peace officer aid. The commissioner shall determine qualification upon receipt of (1) the fire department personnel and equipment certification or the police department and qualified peace officers certificate, whichever is applicable, required under section 69.011, (2) the financial compliance report required under section 6.495, and (3) any other relevant information which comes to the attention of the commissioner. Upon completion of the determination, on or before September October 1, the commissioner shall calculate under subdivision 6 the amount of (a) state peace officer aid which each county or municipality is to receive and (b) fire state aid which each municipality or nonprofit firefighting corporation is to receive. The commissioner shall certify to the commissioner of finance the name of each county or municipality, and the amount of state aid which each county or municipality is to receive, in the case of state peace officer aid; and the name of each municipality or independent nonprofit firefighting corporation and the amount of state aid which each municipality or independent nonprofit firefighting corporation is to receive, in the case of fire state aid.

Sec. 33. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:

Subd. 10. [REDUCTION.] The commissioner of revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph (b), 6, and 7, for eligible employer units by any amount in excess of the employer's total prior calendar year obligation under section 353.65, as certified by the executive director of the public employees retirement association. The total shall be deposited in a separate excess police state-aid account in the general fund, administered and distributed as provided in subdivision 11.

Sec. 34. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:

Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) An excess police state-aid holding account is established in the general fund.

(b) Excess police state aid determined according to section 69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and (3), must be deposited in the excess police state-aid holding account.

(c) From the balance in the excess police state-aid holding account, $1,000,000 must be transferred annually to the ambulance service personnel longevity award and incentive suspense account established by section 144C.03, subdivision 2.

(d) If a police officer stress reduction program is created by law and money is appropriated for that program, an amount equal to that appropriation must be transferred from the balance in the excess police state-aid holding account.

(e) On October 1, 1997, and annually on each October 1, one-half of the balance of the excess police state-aid holding account remaining after deductions under paragraphs (c) and (d) must be allocated as additional amortization aid under section 423A.02, subdivision 1b.

(f) The remaining balance in the excess police state-aid holding account, after the deductions under paragraphs (c), (d), and (e), cancels to the general fund.

Sec. 35. Minnesota Statutes 1994, section 69.031, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The commissioner of finance shall issue to the county, municipality, or independent nonprofit firefighting corporation certified to the commissioner of finance by the commissioner a warrant for an amount equal to the amount certified to by the commissioner pursuant to section 69.021. The amount due and not paid by September October 1 accrues interest at the rate of one percent for each month or part of a month the amount remains unpaid, beginning the preceding July 1.


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Sec. 36. Minnesota Statutes 1994, section 69.031, subdivision 5, is amended to read:

Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal treasurer, on receiving the fire state aid, shall within 30 days after receipt transmit it to the treasurer of the duly incorporated firefighters' relief association if there is one organized and the association has filed a financial report with the municipality; but if there is no relief association organized, or if any association dissolve, be removed, or has heretofore dissolved, or has been removed as trustees of state aid, then the treasurer of the municipality shall keep the money in the municipal treasury as provided for in section 424A.08 and shall be disbursed only for the purposes and in the manner set forth in that section.

(2) The municipal treasurer, upon receipt of the police state aid, shall disburse the police state aid in the following manner:

(a) For a municipality in which a local police relief association exists and all peace officers are members of the association, the total state aid shall be transmitted to the treasurer of the relief association within 30 days of the date of receipt, and the treasurer of the relief association shall immediately deposit the total state aid in the special fund of the relief association;

(b) For a municipality in which police retirement coverage is provided by the public employees police and fire fund and all peace officers are members of the fund, the total state aid shall be applied toward the municipality's employer contribution to the public employees police and fire fund pursuant to section 353.65, subdivision 3, and any state aid in excess of the amount required to meet the employer's contribution pursuant to section 353.65, subdivision 3, shall be deposited in the excess contributions holding account of the public employees retirement association; or

(c) For a municipality other than a city of the first class with a population of more than 300,000 in which both a police relief association exists and police retirement coverage is provided in part by the public employees police and fire fund, the municipality may elect at its option to transmit the total state aid to the treasurer of the relief association as provided in clause (a), to use the total state aid to apply toward the municipality's employer contribution to the public employees police and fire fund subject to all the provisions set forth in clause (b), or to allot the total state aid proportionately to be transmitted to the police relief association as provided in this subdivision and to apply toward the municipality's employer contribution to the public employees police and fire fund subject to the provisions of clause (b) on the basis of the respective number of active full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).

For a city of the first class with a population of more than 300,000, in addition, the city may elect to allot the appropriate portion of the total police state aid to apply toward the employer contribution of the city to the public employees police and fire fund based on the covered salary of police officers covered by the fund each payroll period and to transmit the balance to the police relief association.

(3) The county treasurer, upon receipt of the police state aid for the county, shall apply the total state aid toward the county's employer contribution to the public employees police and fire fund pursuant to section 353.65, subdivision 3, and any state aid in excess of the amount required to meet the employer's contribution pursuant to section 353.65, subdivision 3, shall be deposited in the excess contributions holding account of the public employees retirement association.

(4) The designated metropolitan airports commission official, upon receipt of the police state aid for the metropolitan airports commission, shall apply the total police state aid toward the commission's employer contribution to the Minneapolis employees retirement fund under section 422A.101, subdivision 2a.

Sec. 37. Minnesota Statutes 1995 Supplement, section 116G.15, is amended to read:

116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]

(a) The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The governor shall review the existing Mississippi river critical area plan and specify any additional standards and guidelines to affected communities in accordance with section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area pending the completion of the federal plan.

The results of an environmental impact statement prepared under chapter 116D begun before and completed after July 1, 1994, for a proposed project that is located in the Mississippi river critical area north of the United States Army Corps of Engineers Lock and Dam Number One must be submitted in a report to the chairs of the environment and


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natural resources policy and finance committees of the house of representatives and the senate prior to the issuance of any state or local permits and the authorization for an issuance of any bonds for the project. A report made under this paragraph shall be submitted by the responsible governmental unit that prepared the environmental impact statement, and must list alternatives to the project that are determined by the environmental impact statement to be economically less expensive and environmentally superior to the proposed project and identify any legislative actions that may assist in the implementation of environmentally superior alternatives. This paragraph does not apply to a proposed project to be carried out by the metropolitan council or a metropolitan agency as defined in section 473.121.

(b) If the results of an environmental impact statement required to be submitted by paragraph (a) indicate that there is an economically less expensive and environmentally superior alternative, then no member agency of the environmental quality board shall issue a permit for the facility that is the subject of the environmental impact statement, other than an economically less expensive and environmentally superior alternative, nor shall any government bonds be issued for the facility, other than an economically less expensive and environmentally superior alternative, until after the legislature has adjourned its regular session sine die in 1996.

Sec. 38. Minnesota Statutes 1994, section 116G.151, is amended to read:

116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET IMPACT STATEMENT; FACILITIES IN MISSISSIPPI RIVER AREA.]

(a) Until completion of an environmental assessment worksheet impact statement that complies with the rules of the environmental quality board and this section, a state or local agency no member agency of the environmental quality board may not issue a permit for construction or operation of a metal materials shredding project with a processing capacity in excess of 20,000 tons per month that would be located in the Mississippi river critical area, as described in section 116G.15, upstream from United States Corps of Engineers Lock and Dam Number One Two.

(b) The pollution control agency is the responsible governmental unit for the preparation of an environmental assessment worksheet impact statement required under this section.

(c) In addition to the contents required under law and rule, an environmental assessment worksheet impact statement completed under this section must also include the following major categories:

(1) effects of operation of the project, including vibrations and airborne particulates and dust, on the Mississippi river;

(2) effects of operation of the project, including vibrations and airborne particulates and dust, on adjacent businesses and on residents and neighborhoods;

(3) effects of operation of the project on barge and street traffic;

(4) discussion of alternative sites considered by the project proposer for the proposed project, possible design modifications including site layout, and the magnitude of the project;

(5) mitigation measures that could eliminate or minimize any adverse environmental effects of the proposed project;

(6) impact of the proposed project on the housing, park, and recreational use of the river;

(7) effects of waste and implication of the disposal of waste generated from the proposed project;

(8) effects on water quality from the project operations, including wastewater generated from operations of the proposed project;

(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations from project operations;

(10) compatibility of the existing operation and proposed operation with other existing uses;

(11) the report of the expert required by paragraph (g).

(d) In addition to the publication and distribution provisions relating to environmental assessment worksheets impact statements under law and rule, notice of environmental assessment worksheets impact statements performed by this section shall also be published in a newspaper of general circulation as well as community newspapers in the affected neighborhoods.


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(e) A public meeting in the affected communities must be held on the environmental assessment worksheet impact statement prepared under this section. After the public meeting on the environmental assessment worksheet impact statement, there must be an additional 30-day period for review and comment on the environmental assessment worksheet impact statement.

(f) If the pollution control agency determines that information necessary to make a reasonable decision about potential of significant environmental impacts is insufficient, the agency shall make a positive declaration and proceed with an environmental impact statement.

(g) The pollution control agency shall retain an expert in the field of toxicology who is capable of properly analyzing the potential effects and content of any airborne particulates, fugitive emissions, and dust that could be produced by a metal materials shredding project. The pollution control agency shall obtain any existing reports or documents from a governmental entity or project proposer that analyzes or evaluates the potential hazards of airborne particulates, fugitive emissions, or dust from the construction or operation of a metal materials shredding project in preparing the environmental assessment worksheet. The agency and the expert shall prepare, as part of the report, a risk assessment of the types of metals permitted to be shredded as compared to the types of materials that are likely to be processed at the facility. In performing the risk assessment, the agency and the expert must consider any actual experience at similar facilities. The report must be included as part of the environmental assessment worksheet impact statement.

(h) If the pollution control agency determines that under the rules of the environmental quality board an environmental impact statement should be prepared, the pollution control agency shall be the responsible governmental unit for preparation of the environmental impact statement.

Sec. 39. Minnesota Statutes 1994, section 144C.03, subdivision 2, is amended to read:

Subd. 2. [TRUST ACCOUNT.] (a) There is established in the general fund an ambulance service personnel longevity award and incentive trust account and an ambulance service personnel longevity award and incentive suspense account.

(b) The trust account must be credited with:

(1) general fund appropriations for that purpose;

(2) transfers from the ambulance service personnel longevity award and incentive suspense account; and

(3) investment earnings on those accumulated proceeds. The assets and income of the trust account must be held and managed by the commissioner of finance and the state board of investment for the benefit of the state of Minnesota and its general creditors.

(c) The suspense account must be credited with transfers from the excess contributions police state-aid holding account established in section 353.65, subdivision 7 69.021, subdivision 11, any per-year-of-service allocation under section 144C.07, subdivision 2, paragraph (c), that was not made for an individual, and investment earnings on those accumulated proceeds. The suspense account must be managed by the commissioner of finance and the state board of investment. From the suspense account to the trust account there must be transferred to the ambulance service personnel longevity award and incentive trust account, as the suspense account balance permits, the following amounts:

(1) an amount equal to any general fund appropriation to the ambulance service personnel longevity award and incentive trust account for that fiscal year; and

(2) an amount equal to the percentage of the remaining balance in the account after the deduction of the amount under clause (1), as specified for the applicable fiscal year:

Fiscal year Percentage

1995 20

1996 40

1997 50

1998 60

1999 70

2000 80

2001 90

2002 and thereafter 100


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Sec. 40. Minnesota Statutes 1994, section 192.501, as amended by Laws 1995, chapter 186, section 48, is amended to read:

192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.]

Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant general shall establish a program providing a reenlistment bonus for members of the Minnesota national guard in accordance with this section. An active member of the Minnesota national guard serving satisfactorily, as defined by the adjutant general, shall be paid $250 per year for reenlisting in the Minnesota national guard.

(b) A member must reenlist in the Minnesota national guard for a minimum of three years.

(c) A member is eligible for subsequent reenlistment bonuses to the extent that total years of bonus eligibility are limited to 12 years.

(d) Bonus payments shall be paid in the month prior to the anniversary of a member's current reenlistment.

(e) A member electing to receive tuition assistance under subdivision 2, shall forfeit the reenlistment bonus for the years that the tuition assistance is provided.

Subd. 1a. [ENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish within the limitations of this subdivision a program to provide enlistment bonuses to eligible prospects who become members of the Minnesota national guard.

(b) Eligibility for the bonus is limited to a candidate who:

(1) has expertise, qualifications, or potential for military service deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the candidate's enlistment in the national guard;

(2) joins the national guard as an enlisted member, as defined in section 190.05, subdivision 6; and

(3) serves satisfactorily during the period of, and completes, the person's initial entry training, if applicable.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.

(c) The enlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

(d) If a member fails to complete a term of enlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.

Subd. 1b. [REENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish a program to provide a reenlistment bonus to eligible members of the Minnesota national guard who extend their enlistment in the national guard within the limitations of this subdivision.

(b) Eligibility for the bonus is limited to an enlisted member of the national guard, as defined in section 190.05, subdivision 6, who:

(1) is serving satisfactorily as determined by the adjutant general;

(2) has ten or fewer years of service creditable for retirement; and

(3) has military training and expertise deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the member's reenlistment in the national guard.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.


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(c) The reenlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

(d) If a member fails to complete a term of reenlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.

Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish a program providing to provide tuition and textbook reimbursement for grants to eligible members of the Minnesota national guard in accordance with this section. An active member of the Minnesota national guard serving satisfactorily, as defined by the adjutant general, shall be reimbursed for tuition paid to a post-secondary education institution as defined by section 136A.15, subdivision 5, upon proof of satisfactory completion of course work within the limitations of this subdivision.

(b) In the case of tuition paid to a public institution located in Minnesota, including any vocational or technical school, tuition is limited to an amount equal to 50 percent of the cost of tuition at that public institution, except as provided in this section. In the case of tuition paid to a Minnesota private institution or vocational or technical school or a public or private institution or vocational or technical school not located in Minnesota, reimbursement Eligibility is limited to a member of the national guard who:

(1) is serving satisfactorily as defined by the adjutant general;

(2) is attending a post-secondary educational institution, as defined by section 136A.15, subdivision 6, including a vocational or technical school operated or regulated by this state or another state or province; and

(3) provides proof of satisfactory completion of coursework, as defined by the adjutant general.

In addition, if a member of the Minnesota national guard is killed in the line of state active service or federally funded state active service, as defined in section 190.05, subdivisions 5a and 5b, the member's surviving spouse, and any surviving dependent who has not yet reached 24 years of age, shall be eligible for a tuition and textbook reimbursement grant.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the grant, and must specify the criteria in department regulations and publish changes as necessary.

(c) The amount of a tuition and textbook reimbursement grant must be specified on a schedule as determined and published in department regulations by the adjutant general, but is limited to 50 a maximum of an amount equal to 75 percent of the cost of tuition for lower division programs in the college of liberal arts at the twin cities campus of the University of Minnesota in the most recent academic year, except as provided in this section.

(c) If a member of the Minnesota national guard is killed in the line of state active service or federally funded state active service as defined in section 190.05, subdivision 5b, the state shall reimburse that in the case of a survivor as defined in paragraph (b), the amount of the tuition and textbook reimbursement grant for coursework satisfactorily completed by the person shall be limited to 100 percent of the cost of tuition for post-secondary courses satisfactorily completed by any surviving spouse and any surviving dependents who are 23 years old or younger. Reimbursement for surviving spouses and dependents is limited in amount and duration as is reimbursement for the national guard member at a Minnesota public educational institution.

Paragraph (b) notwithstanding, a person is no longer eligible for a grant under this subdivision once the person has received grants under this subdivision for the equivalent of 208 quarter credits or 144 semester credits of coursework.

(d) The amount of tuition reimbursement for each eligible individual shall be determined by the adjutant general according to rules formulated within 30 days of June 4, 1989. Tuition and textbook reimbursement grants received under this section subdivision shall not be considered by the Minnesota higher education services office or by any other state board, commission, or entity in determining a person's eligibility for a scholarship or grant-in-aid under sections 136A.095 to 136A.1311.

(e) If a member fails to complete a term of enlistment during which a tuition and textbook reimbursement grant was paid, the adjutant general may seek to recoup a prorated amount as determined by the adjutant general.


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Subd. 3. [RECORDKEEPING; RECRUITMENT AND RETENTION; FISCAL MANAGEMENT REPORTING.] The department of military affairs shall adjutant general must keep an accurate record of the recipients of the reenlistment bonus and tuition reimbursement programs. The department shall report to the legislature on the effectiveness of the reenlistment bonus and tuition reimbursement programs in retaining and recruiting members for the Minnesota National Guard. The report to the legislature shall be made by January 1 of each year. The report shall include a review of the effect that the reenlistment bonus and tuition reimbursement programs have on the enlistment and reenlistment of national guard members. The report shall include an accurate record of the effect that both the tuition reimbursement program and the reenlistment bonus program have on the recruitment and retention of members by and benefits paid under this section, and must report this information in the agency performance report, including information regarding the rank, unit location, race, and sex gender.

By January 16 of each year, the adjutant general must provide copies of the regulations developed under this section to the chairs of the house and senate policy committees responsible for the national guard.

The department of military affairs shall make a specific effort to recruit and retain reenlist women and members of minority groups into the national guard through the use of the tuition reimbursement and reenlistment bonus financial incentives authorized by the programs in this section.

Sec. 41. Minnesota Statutes 1995 Supplement, section 240A.08, is amended to read:

240A.08 [APPROPRIATION.]

(a) $750,000 is appropriated annually from the general fund to the Minnesota amateur sports commission for the purpose of entering into long-term leases, use, or other agreements with the metropolitan sports facilities commission owner or operator of the basketball and hockey arena for use of the conduct of amateur sports activities at the basketball and hockey arena, consistent with the purposes set forth in this chapter, including (1) stimulating and promoting amateur sports, (2) promoting physical fitness by promoting participation in sports, (3) promoting the development of recreational amateur sport opportunities and activities, and (4) promoting local, regional, national, and international amateur sport competitions and events. The metropolitan sports facilities commission may allocate 50 dates a year for the conduct of amateur sports activities at the basketball and hockey arena by the amateur sports commission. At least 12 of the dates must be on a Friday, Saturday, or Sunday. If any amateur sports activities conducted by the amateur sports commission at the basketball and hockey arena are restricted to participants of one gender, an equal number of activities on comparable days of the week must be conducted for participants of the other gender, but not necessarily in the same year. The legislature reserves the right to repeal or amend this appropriation, and does not intend this appropriation to create public debt.

(b) Effective July 1, 1996, the appropriation to the amateur sports commission under this section is contingent on the owner or operator of the basketball and hockey arena agreeing to provide the amateur sports commission, upon request of the commission, with at least 25 dates per year at the arena. To the extent requested by the commission, at least 12 of the dates must be on a Friday, Saturday, or Sunday. The amateur sports commission may sell a date at the arena to another group for any purpose. Revenue from sale of these dates is appropriated to the amateur sports commission for purposes listed in section 240A.04. For each date provided to the commission, the owner or operator of the arena must provide heat, lighting, usher services, and other ancillary services requested by the commission at no cost to the commission. The maximum value of the dates and the ancillary services that the owner or operator of the arena must provide to the commission under this section is $750,000 per year.

(c) The books, records, documents, accounting procedures, and practices of the metropolitan sports facilities commission, the Minneapolis community development agency, and any corporation with which the Minnesota amateur sports commission may contract for use of the basketball and hockey arena are available for review by the Minnesota amateur sports commission, the legislative auditor, and the chairs of the state government finance divisions of the senate and the house of representatives, subject to chapter 13 and section 473.598, subdivision 4.

Sec. 42. [363.065] [ALTERNATIVE DISPUTE RESOLUTION.]

There shall be, in the department, an alternative dispute resolution program to resolve disputes arising under the human rights act, with a process to:

(1) administer the alternative dispute resolution program;

(2) follow up with parties willing to use alternative dispute resolution;


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(3) develop and maintain a panel of mediators and advisors and assign them to cases;

(4) track progress of alternative dispute resolution cases; and

(5) conduct evaluations of the program.

Sec. 43. Minnesota Statutes 1994, section 363.071, subdivision 7, is amended to read:

Subd. 7. [LITIGATION AND HEARING COSTS.] The administrative law judge shall order a respondent who is determined to have engaged in an unfair discriminatory practice to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparing for and conducting the hearing, unless payment of the costs would impose a financial hardship on the respondent. Appropriate costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the costs of transcripts and other necessary supplies and materials.

Money reimbursed to the department of human rights under this subdivision must be paid into the state treasury and credited to a special revenue account. Money in the account is appropriated to the commissioner of human rights to the extent the reimbursements were made to cover the department's costs and are available for the department's activities in enforcing the Minnesota human rights act.

Sec. 44. Minnesota Statutes 1994, section 423A.02, is amended by adding a subdivision to read:

Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] Annually, on October 1, the commissioner of revenue shall allocate the additional amortization state aid transferred under section 69.021, subdivision 11, to:

(1) all police or salaried firefighter relief associations governed by and determined by the state auditor to be in full compliance with the requirements of section 69.77, that had an unfunded actuarial accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the preceding December 31; and

(2) all local police or salaried firefighter consolidation accounts governed by chapter 353A that are certified by the executive director of the public employees retirement association as having for the current fiscal year an additional municipal contribution amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented section 353A.083, subdivision 1, if the effective date of the consolidation preceded May 24, 1993, and that have implemented section 353A.083, subdivision 2, if the effective date of the consolidation preceded June 1, 1995.

The commissioner shall allocate the state aid on the basis of the proportional share of the relief association or consolidation account of the total unfunded actuarial accrued liability of all recipient relief associations and consolidation accounts as of December 31, 1993, for relief associations, and as of June 30, 1994, for consolidation accounts.

Sec. 45. Laws 1995, chapter 254, article 1, section 11, subdivision 8, is amended to read:

Subd. 8. Public Broadcasting

3,054,000 3,054,000

$1,450,000 the first year and $1,450,000 the second year are for matching grants for public television. Public television grant recipients shall give special emphasis to children's programming. In addition, public television grant recipients shall promote program and outreach initiatives that attempt to reduce youth violence in our communities.

$600,000 the first year and $600,000 the second year are for public television equipment needs. Equipment grant allocations shall be made after considering the recommendations of the Minnesota public television association.


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$320,000 the first year and $320,000 the second year are for community service grants to public educational radio stations, which must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.

$494,000 the first year and $494,000 the second year are for equipment grants to public radio stations. These grants must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations and Minnesota Public Radio, Inc.

$15,000 each year is for a grant to the association of Minnesota public education radio stations for station KMOJ. This money may be used for equipment.

$150,000 the first year and $150,000 the second year are for grants for public information television transmission of legislative activities. At least one-half must go for programming to be broadcast in rural Minnesota.

$25,000 the first year and $25,000 the second year are for grants to the Twin Cities regional cable channel.

If an appropriation for either year for grants to public television or radio stations is not sufficient, the appropriation for the other year is available for it.

Sec. 46. [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 1996 POLICE STATE-AID APPLICATION FORM.]

In addition to the information required to be provided by municipalities and counties in order to receive police state aid under Minnesota Statutes, sections 69.011 to 69.051, every potential recipient of the 1996 allocation of police state aid must additionally certify the following information as a condition of receipt of police state aid in 1996:

(1) number of licensed police officers employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;

(2) covered payroll of the employees described in clause (1) for calendar year 1995;

(3) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (1) for calendar year 1995;

(4) number of firefighters employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;

(5) annual covered payroll of the employees described in clause (4) for calendar year 1995; and

(6) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (4) for calendar year 1995.

Sec. 47. [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT PRACTICES.]

(a) Using the information reported under section 46, the commissioner of revenue and the executive director of the public employees retirement association jointly shall report, by November 1, 1996, to the chair of the legislative commission on pensions and retirement on the number of salaried firefighters for whom the employer contribution to the public employees police and fire plan was reimbursed in 1995 in the police state-aid program, the employing units involved, and the amount of 1995 police state aid involved for each employing unit.


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(b) With the benefit of the reported information provided under paragraph (a), the legislative commission on pensions and retirement shall study the issue of the use of police state aid to fund the employer contribution to the public employees police and fire fund for local government firefighters and shall, by March 1, 1997, report the results of its study and any recommendations in the form of proposed legislation to the chair of the committee on governmental operations of the house of representatives, the chair of the committee on ways and means of the house of representatives, the chair of the committee on governmental operations and veterans of the senate, and the chair of the committee on finance of the senate.

Sec. 48. [STATEWIDE SYSTEMS ACCOUNT.]

Subdivision 1. [CREATION.] The statewide systems account is a separate account in the general fund. All money resulting from billings for statewide systems services must be deposited in the account. For the purposes of this section, statewide systems includes the state accounting system, payroll system, human resources system, procurement system, and related information access systems.

Subd. 2. [BILLING PROCEDURES.] The commissioner may bill up to $5,000,000 in fiscal year 1997 for statewide systems services provided to state agencies, judicial branch agencies, the University of Minnesota, the Minnesota state colleges and universities, and other entities. Billing must be based on usage. Each agency shall, by January 15 of each year, transfer from agency operating appropriations to the statewide systems account the amount billed by the commissioner. Billing policies and procedures related to statewide systems services must be developed by the commissioner of finance in consultation with the commissioners of employee relations and administration.

Subd. 3. [APPROPRIATION.] Money transferred into the account is appropriated to the commissioner of finance to pay for statewide systems services during fiscal year 1997.

Sec. 49. [STATE-OWNED PASSENGER VEHICLE STUDY.]

The commissioner of administration shall study and make recommendations to the chairs of the house and senate governmental operations committees by January 15, 1997, regarding strategies to achieve better management control of state-owned passenger vehicles. The study and recommendations shall specifically address opportunities for further consolidating the state's passenger vehicle fleets.

Sec. 50. [EVALUATION AND REPORT.]

The environmental quality board, using its existing appropriations, shall assess: (1) the compatibility of metal materials shredding projects and other industrial uses with tourism and other nonindustrial uses of the Mississippi river critical area, which has been designated an area of critical concern by section 116G.15; and (2) the environmental and public health effects of burning coal within or near residential areas of large urban centers. The board shall report its findings, and any recommendations developed pursuant to these assessments, to the legislature by January 1, 1997.

Sec. 51. [APPROPRIATION.]

For purposes of section 11, there is appropriated for fiscal year 1997 from all direct appropriated nongeneral funds an amount sufficient to reimburse the general fund for attorney general legal costs attributable to general fund expenditures.

Sec. 52. [REPEALER.]

Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7, is repealed.

Sec. 53. [EFFECTIVE DATES.]

Sections 4 and 5 are effective July 1, 1996, except that any provisions appropriating money for fiscal year 1996 are effective the day following final enactment. Sections 12 and 13 are effective the day following final enactment. Section 40 is effective July 1, 1996, and applies to bonuses and grants paid on or after that date."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the general administration expenses of state government; imposing certain duties, authority, and limitations on agencies; making fund transfers; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16A.11,


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subdivision 1, and by adding a subdivision; 16D.03, subdivision 2; 16D.04, as amended; 16D.05; 16D.07; 16D.08, as amended; 16D.10; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 116G.151; 144C.03, subdivision 2; 192.501, as amended; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.06; 16D.11, subdivisions 1, 2, 4, 5, and 6; 16D.12; 16D.14; 16D.16; 116G.15; and 240A.08; Laws 1995, chapter 254, article 1, section 11, subdivision 8; proposing coding for new law in Minnesota Statutes, chapters 3; 10; 14; and 363; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1964, 2799 and 3243 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 2857 was read for the second time.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2818.

H. F. No. 2818 was reported to the House.

Greenfield moved to amend H. F. No. 2818, the second engrossment, as follows:

Page 26, line 29, delete the comma, and insert "or"

Page 26, line 30, delete ", or MinnesotaCare"

Page 26, line 32, delete the first comma, and insert "or" and delete ", or MinnesotaCare"

Pages 28 and 29, delete section 14

Page 30, line 3, delete "," and insert "and"

Page 30, line 4, delete ", and MinnesotaCare"

Page 76, lines 15 and 16, delete the new language and reinstate the old language

Page 77, delete lines 21 to 25

Page 81, line 12, delete the first comma, and insert "or"

Page 81, line 12, delete ", or MinnesotaCare"

Page 98, line 5, delete "MinnesotaCare,"

Page 99, line 16, delete the comma, and insert "and"


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Page 99, line 17, delete ", and MinnesotaCare"

Page 100, line 21, delete the comma, and insert "or"

Page 100, line 22, delete "or prepaid MinnesotaCare"

Page 101, line 21, delete the comma, and insert "or"

Page 101, lines 22 and 23, delete ", or prepaid MinnesotaCare"

Page 102, line 35, delete the first comma, and insert "and"

Page 102, lines 35 and 36, delete ", and the prepaid MinnesotaCare"

Page 104, line 20, delete the comma, and insert "and"

Page 104, line 21, delete ", and the prepaid MinnesotaCare"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Johnson, R., was excused for the remainder of today's session.

Solberg, Murphy, Otremba, Dauner, Jennings, Bertram, Peterson, Cooper, Kinkel, Kalis and Brown moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 31, after line 23, insert:

"Sec. 19. Minnesota Statutes 1994, section 256B.056, subdivision 1, is amended to read:

Subdivision 1. [RESIDENCY.] To be eligible for medical assistance, a person must reside have resided in Minnesota for at least 30 days, or, if absent from the state, be deemed to be a resident of Minnesota in accordance with the rules of the state agency.

A person who has resided in the state for less than 30 days is considered to a be a Minnesota resident if the person:

(a) was born in the state;

(b) has in the past resided in the state for at least 365 consecutive days;

(c) has come to the state to join a close relative, which, for purposes of this subdivision means a parent, grandparent, brother, sister, spouse, or child; or

(d) has come to this state to accept a bona fide offer of employment for which the person is eligible. A county agency may waive the 30-day residency requirement in cases of medical emergency or where unusual hardship would result from denial of assistance. The county agency must report to the commissioner within 30 days on any waiver granted under this section."

Page 108, after line 11, insert:

"Sec. 77. [WAIVER AUTHORITY.]

The commissioner of human services shall seek federal waivers as necessary to implement section 19."


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Page 172, after line 5, insert:

"Sec. 7. Minnesota Statutes 1994, section 256.73, subdivision 1, is amended to read:

Subdivision 1. [DEPENDENT CHILDREN.] Assistance shall be given under sections 256.72 to 256.87 to or on behalf of any dependent child who:

(1) Resides Has resided in Minnesota for at least 30 days or, if residing in the state for less than 30 days, the child or the child's caretaker relative meets one of the criteria specified in subdivision 1a;

(2) Is otherwise eligible; the child shall not be denied aid because of conditions of the home in which the child resides.

Sec. 8. Minnesota Statutes 1994, section 256.73, is amended by adding a subdivision to read:

Subd. 1a. [RESIDENCY CRITERIA.] A child or caretaker relative who has resided in Minnesota for less than 30 days is considered to be a Minnesota resident if:

(a) either the child or the caretaker relative was born in the state;

(b) either the child or the caretaker relative has, in the past, resided in this state for at least 365 consecutive days;

(c) either the child or the caretaker relative came to this state to join a close relative who has resided in this state for at least one year. For purposes of this clause, "close relative" means a parent, grandparent, brother, sister, spouse, or child; or

(d) the caretaker relative came to this state to accept a bona fide offer of employment and was eligible to accept the employment.

A county agency may waive the 30-day residency requirement in cases of emergency or where unusual hardship would result from denial of assistance. The county agency must report to the commissioner within 30 days on any waiver granted under this section."

Page 173, after line 2, insert:

"Sec. 10. Minnesota Statutes 1995 Supplement, section 256D.02, subdivision 12a, is amended to read:

Subd. 12a. [RESIDENT.] For purposes of eligibility for general assistance under section 256D.05, and payments under section 256D.051 and general assistance medical care, a "resident" is a person living in the state for at least 30 days with the intention of making the person's home here and not for any temporary purpose. All applicants for these programs are required to demonstrate the requisite intent and can do so in any of the following ways:

(1) by showing that the applicant maintains a residence at a verified address, other than a place of public accommodation. An applicant may verify a residence address by presenting a valid state driver's license, a state identification card, a voter registration card, a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying that the individual is residing at the address, or other form of verification approved by the commissioner;. An applicant who has been in the state for less than 30 days shall be considered a resident if the applicant can provide documentation

(2) by providing written documentation

(1) that the applicant came to the state in response to an offer of employment was born in the state;

(3) by providing verification (2) that the applicant has been a long-time resident of the state or was formerly a resident of the state for at least 365 days and is returning to the state from a temporary absence, as those terms are defined in rules to be adopted by the commissioner;

(3) that the applicant has come to the state to join a close relative which, for purposes of this subdivision, means a parent, grandparent, brother, sister, spouse, or child; or


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(4) by providing other persuasive evidence to show that the applicant is a resident of the state, according to rules adopted by the commissioner (4) that the applicant has come to this state to accept a bona fide offer of employment for which the applicant is eligible. A county agency may waive the 30-day residency requirement in cases of emergencies, including medical emergencies, or where unusual hardship would result from denial of assistance. The county agency must report to the commissioner within 30 days on any waiver granted under this section."

Page 180, after line 27, insert:

"Sec. 17. [WAIVER AUTHORITY.]

The commissioner of human services shall seek federal waivers as necessary to implement sections 7 and 8.

Sec. 18. [SEVERABILITY.]

If any provision of sections 7, 8, or 10 is found to be unconstitutional or void by a court of competent jurisdiction, all remaining provisions of the law shall remain valid and shall be given full effect."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Solberg et al amendment and the roll was called. There were 111 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Krinkie      Onnen        Swenson, D.
Anderson, B. Farrell      Larsen       Opatz        Swenson, H.
Anderson, R. Finseth      Leighton     Osskopp      Sykora
Bakk         Frerichs     Leppik       Otremba      Tomassoni
Bertram      Girard       Lieder       Ozment       Tompkins
Bettermann   Goodno       Lindner      Paulsen      Trimble
Bishop       Gunther      Long         Pawlenty     Tuma
Boudreau     Haas         Luther       Pellow       Tunheim
Bradley      Hackbarth    Lynch        Pelowski     Van Dellen
Broecker     Harder       Macklin      Perlt        Van Engen
Brown        Hasskamp     Mahon        Peterson     Vickerman
Carlson, L.  Holsten      Mares        Pugh         Warkentin
Carlson, S.  Jefferson    Marko        Rest         Weaver
Carruthers   Jennings     McCollum     Rhodes       Wenzel
Commers      Johnson, V.  McElroy      Rostberg     Winter
Cooper       Kahn         McGuire      Rukavina     Wolf
Daggett      Kalis        Milbert      Schumacher   Worke
Dauner       Kelso        Molnau       Seagren      Workman
Davids       Kinkel       Mulder       Skoglund     Sp.Anderson,I
Dehler       Knight       Murphy       Smith        
Delmont      Knoblach     Ness         Solberg      
Dempsey      Koppendrayer Olson, E.    Stanek       
Dorn         Kraus        Olson, M.    Sviggum      
Those who voted in the negative were:

Clark        Greenfield   Johnson, A.  Munger       Rice
Dawkins      Greiling     Kelley       Orenstein    Wagenius
Entenza      Hausman      Lourey       Osthoff      Wejcman 
Garcia       Huntley      Mariani      Ostrom       
The motion prevailed and the amendment was adopted.

Cooper moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 170, after line 14, insert:

"Sec. 1. Minnesota Statutes 1994, section 148.235, is amended by adding a subdivision to read:

Subd. 6. [STANDARDS FOR WRITTEN AGREEMENTS; REVIEW AND FILING.] (a) The Minnesota nurses association and the Minnesota medical association shall meet at least annually to review and revise, as necessary, the standards for written agreements required by subdivisions 2 and 4. Current agreement stands unless both associations are in agreement.


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(b) Written agreements required by subdivisions 2 and 4 shall be maintained at the primary practice site of the nurse practitioner, clinical specialist in psychiatric and mental health nursing and the collaborating physician. The written agreement does not need to be filed with the board of nursing, provided that the information required to be filed with the board, either on initial application for prescribing privileges or on renewal of privileges, has been submitted."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Haas moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 108, after line 11, insert:

"Sec. 77. [EXTENSION OF TIME REQUIREMENT FOR CLAIM SUBMITTAL.]

The commissioner of human services shall provide vendors of medical care, as defined in Minnesota Statutes, section 256B.02, subdivision 7, with a 120-day extension to the 12-month time requirement for submission of claims in Minnesota Rules, part 9505.0450, for all claims for which the vendor delayed submittal at the request of the commissioner due to the phase-in of the upgrade to the Medicaid management information system. This 120-day extension for claim submittal shall apply regardless of the date of service of the claim."

Page 108, after line 32, insert:

"Section 77 (claim submittal) is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

The motion prevailed and the amendment was adopted.

Rukavina; Greenfield; Anderson, R.; Osthoff; Johnson, R., and Bishop moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 181, after line 11, insert:

"Sec. 18. [STUDY; PRICE CONTRACT FOR PRESCRIPTION DRUGS.]

The commissioners of health, human services, and administration shall develop a plan to provide prescription drugs at significantly discounted prices to individuals whose income is below 200 percent of the current federal poverty level for prescription drugs. The commissioners shall submit a report detailing the plan by October 1, 1996, to the chairs of the house governmental operations committee, the house state government finance division, the house health and human services committee, the senate governmental operations and veterans committee, the state government division of the senate finance committee, senate health care committee, and the senate health care and family services finance division."

Page 181, line 14, after the period, insert "Section 18 is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7693

A roll call was requested and properly seconded.

The question was taken on the Rukavina et al amendment and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Ness         Solberg
Anderson, B. Frerichs     Koppendrayer Olson, E.    Stanek
Anderson, R. Garcia       Kraus        Olson, M.    Sviggum
Bakk         Girard       Krinkie      Onnen        Swenson, D.
Bertram      Goodno       Larsen       Opatz        Swenson, H.
Bettermann   Greenfield   Leighton     Orenstein    Sykora
Bishop       Greiling     Leppik       Osskopp      Tomassoni
Boudreau     Gunther      Lieder       Osthoff      Tompkins
Bradley      Haas         Lindner      Ostrom       Trimble
Broecker     Hackbarth    Long         Otremba      Tuma
Brown        Harder       Lourey       Ozment       Tunheim
Carlson, L.  Hasskamp     Luther       Paulsen      Van Dellen
Carlson, S.  Hausman      Lynch        Pawlenty     Van Engen
Carruthers   Holsten      Macklin      Pellow       Vickerman
Clark        Huntley      Mahon        Pelowski     Wagenius
Commers      Jaros        Mares        Perlt        Warkentin
Cooper       Jefferson    Mariani      Peterson     Weaver
Daggett      Jennings     Marko        Pugh         Wejcman
Davids       Johnson, A.  McCollum     Rhodes       Wenzel
Dawkins      Johnson, V.  McElroy      Rice         Winter
Dehler       Kahn         McGuire      Rostberg     Wolf
Delmont      Kalis        Milbert      Rukavina     Worke
Dempsey      Kelley       Molnau       Schumacher   Workman
Dorn         Kelso        Mulder       Seagren      Sp.Anderson,I
Erhardt      Kinkel       Munger       Skoglund     
Farrell      Knight       Murphy       Smith        
The motion prevailed and the amendment was adopted.

Rukavina and Tomassoni moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 126, after line 7, insert:

"Sec. 7. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:

Subd. 5e. [RATE ADJUSTMENT FOR CARE PROVIDED TO A MEDICALLY FRAGILE INDIVIDUAL.] Beginning July 1, 1996, the commissioner shall increase reimbursement rates for a facility located in Chisholm and licensed as an intermediate care facility for persons with mental retardation and related conditions since 1972, to cover the cost to the facility for providing 24-hour licensed practical nurse care to a medically fragile individual admitted on March 8, 1996. The commissioner shall include in this higher rate a temporary adjustment to reimburse the facility for costs incurred between March 8, 1996, and June 30, 1996."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Olson, M., offered an amendment to H. F. No. 2818, the second engrossment, as amended.

POINT OF ORDER

Greenfield raised a point of order pursuant to rule 3.09 that the Olson, M., amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7694

Cooper moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 127, line 20, after the first comma, insert "medical product manufacturers,"

The motion prevailed and the amendment was adopted.

Mulder; Harder; Johnson, V.; Lieder; Swenson, H.; Bettermann; Osskopp; Cooper; Davids; Tuma; Olson, E.; Peterson; Solberg; Bakk and Bertram moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 141, after line 19, insert:

"Sec. 21. Minnesota Statutes 1994, section 144A.04, is amended by adding a subdivision to read:

Subd. 7a. [DIRECTOR OF NURSING.] Except as otherwise provided by this subdivision, a nursing home must have a full-time director of nursing services who is assigned full time to the nursing services of the home. For purposes of this requirement, "full time" means working at least 35 hours per week. The director of nursing of a nursing home may also serve as the director of nursing of a physically attached hospital if:

(1) the hospital has an average daily census of ten patients or less in the most recent reporting year for which data is available;

(2) the total combined beds of the hospital and nursing home do not exceed 100; and

(3) the management of the two facilities is under the control and direction of the same governing body."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Tompkins offered an amendment to H. F. No. 2818, the second engrossment, as amended.

POINT OF ORDER

Osthoff raised a point of order pursuant to rule 3.09 that the Tompkins amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Abrams appealed the decision of the Chair.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams       Farrell      Knoblach     Olson, E.    Stanek
Anderson, B. Finseth      Koppendrayer Olson, M.    Sviggum
Anderson, R. Frerichs     Kraus        Onnen        Swenson, D.
Bakk         Garcia       Krinkie      Opatz        Swenson, H.
Bertram      Girard       Larsen       Orenstein    Sykora
Bettermann   Goodno       Leighton     Osskopp      Tomassoni
Bishop       Greenfield   Leppik       Osthoff      Tompkins
Boudreau     Greiling     Lieder       Ostrom       Trimble
Bradley      Gunther      Lindner      Otremba      Tuma
Broecker     Haas         Long         Ozment       Tunheim
Brown        Hackbarth    Lourey       Paulsen      Van Dellen
Carlson, L.  Harder       Luther       Pawlenty     Van Engen
Carlson, S.  Hasskamp     Lynch        Pellow       Vickerman
Carruthers   Hausman      Macklin      Pelowski     Wagenius
Clark        Holsten      Mahon        Perlt        Warkentin
Commers      Huntley      Mares        Peterson     Weaver
Cooper       Jaros        Mariani      Pugh         Wejcman
Daggett      Jefferson    Marko        Rest         Wenzel
Dauner       Jennings     McCollum     Rhodes       Winter
Davids       Johnson, A.  McElroy      Rice         Wolf
Dawkins      Johnson, V.  McGuire      Rostberg     Worke

JOURNAL OF THE HOUSE - 86th Day - Top of Page 7695
Dehler Kahn Milbert Rukavina Workman Delmont Kalis Molnau Schumacher Sp.Anderson,I Dempsey Kelley Mulder Seagren Dorn Kelso Munger Skoglund Entenza Kinkel Murphy Smith Erhardt Knight Ness Solberg
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 67 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Skoglund
Bakk         Greenfield   Leighton     Opatz        Smith
Bertram      Greiling     Lieder       Orenstein    Solberg
Brown        Hasskamp     Long         Osthoff      Tomassoni
Carlson, L.  Hausman      Lourey       Ostrom       Trimble
Carruthers   Huntley      Luther       Otremba      Tunheim
Clark        Jaros        Mahon        Pelowski     Wagenius
Cooper       Jefferson    Mariani      Perlt        Wejcman
Dauner       Jennings     Marko        Peterson     Wenzel
Dawkins      Johnson, A.  McCollum     Pugh         Winter
Delmont      Kahn         McGuire      Rest         Sp.Anderson,I
Dorn         Kalis        Milbert      Rice         
Entenza      Kelley       Munger       Rukavina     
Farrell      Kelso        Murphy       Schumacher   
Those who voted in the negative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Swenson, H.
Anderson, B. Finseth      Kraus        Onnen        Sykora
Bettermann   Frerichs     Krinkie      Osskopp      Tompkins
Bishop       Girard       Larsen       Ozment       Tuma
Boudreau     Goodno       Leppik       Paulsen      Van Dellen
Bradley      Gunther      Lindner      Pawlenty     Van Engen
Broecker     Haas         Lynch        Pellow       Vickerman
Carlson, S.  Hackbarth    Macklin      Rhodes       Warkentin
Commers      Harder       Mares        Rostberg     Weaver
Daggett      Holsten      McElroy      Seagren      Wolf
Davids       Johnson, V.  Molnau       Stanek       Worke
Dehler       Knight       Mulder       Sviggum      Workman 
Dempsey      Knoblach     Ness         Swenson, D.  
So it was the judgment of the House that the decision of the Speaker should stand.

Worke offered an amendment to H. F. No. 2818, the second engrossment, as amended.

POINT OF ORDER

Greenfield raised a point of order pursuant to rule 3.09 that the Worke amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7696

Van Dellen offered an amendment to H. F. No. 2818, the second engrossment, as amended.

POINT OF ORDER

Greenfield raised a point of order pursuant to rule 3.09 that the Van Dellen amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Van Dellen appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 66 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Skoglund
Bakk         Greenfield   Leighton     Opatz        Solberg
Bertram      Greiling     Lieder       Orenstein    Tomassoni
Brown        Hasskamp     Long         Osthoff      Trimble
Carlson, L.  Hausman      Lourey       Ostrom       Tunheim
Carruthers   Huntley      Luther       Otremba      Wagenius
Clark        Jaros        Mahon        Pelowski     Wejcman
Cooper       Jefferson    Mariani      Perlt        Wenzel
Dauner       Jennings     Marko        Peterson     Winter
Dawkins      Johnson, A.  McCollum     Pugh         Sp.Anderson,I
Delmont      Kahn         McGuire      Rest         
Dorn         Kalis        Milbert      Rice         
Entenza      Kelley       Munger       Rukavina     
Farrell      Kelso        Murphy       Schumacher   
Those who voted in the negative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Swenson, D.
Anderson, B. Finseth      Kraus        Onnen        Swenson, H.
Bettermann   Frerichs     Krinkie      Osskopp      Sykora
Bishop       Girard       Larsen       Ozment       Tompkins
Boudreau     Goodno       Leppik       Paulsen      Tuma
Bradley      Gunther      Lindner      Pawlenty     Van Dellen
Broecker     Haas         Lynch        Pellow       Van Engen
Carlson, S.  Hackbarth    Macklin      Rhodes       Vickerman
Commers      Harder       Mares        Rostberg     Warkentin
Daggett      Holsten      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wolf
Dehler       Knight       Mulder       Stanek       Worke
Dempsey      Knoblach     Ness         Sviggum      Workman 
So it was the judgment of the House that the decision of the Speaker should stand.

Lindner, Davids and Van Engen moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 11, after line 26, insert:

"The appropriation to the commissioner in Laws 1995, chapter 207, article 1, section 3, subdivision 3, for the fiscal year ending June 30, 1997, is reduced by $500. This reduction shall be taken from the commissioner's activities which support the Minnesota AIDS project because of the project's sexually explicit, graphic, and offensive advertisements."

Correct the subdivision and section totals and the summaries by fund accordingly


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7697

A roll call was requested and properly seconded.

Knight moved to amend the Lindner et al amendment to H. F. No. 2818, the second engrossment, as amended, as follows:

Page 1, line 8, delete "$500" and insert "$50"

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Lindner et al amendment, as amended, and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 69 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Knoblach     Osskopp      Sykora
Anderson, B. Girard       Koppendrayer Otremba      Tompkins
Bettermann   Goodno       Kraus        Ozment       Tuma
Boudreau     Gunther      Krinkie      Paulsen      Tunheim
Bradley      Haas         Larsen       Pawlenty     Van Dellen
Broecker     Hackbarth    Lindner      Pellow       Van Engen
Carlson, S.  Harder       Lynch        Pelowski     Vickerman
Commers      Hasskamp     Macklin      Rostberg     Warkentin
Daggett      Holsten      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wenzel
Dehler       Kalis        Mulder       Stanek       Wolf
Dempsey      Kelso        Ness         Sviggum      Worke
Erhardt      Kinkel       Olson, M.    Swenson, D.  Workman 
Finseth      Knight       Onnen        Swenson, H.  
Those who voted in the negative were:

Anderson, R. Entenza      Leighton     Murphy       Sarna
Bakk         Farrell      Leppik       Olson, E.    Schumacher
Bertram      Garcia       Lieder       Opatz        Skoglund
Bishop       Greenfield   Long         Orenstein    Solberg
Brown        Greiling     Lourey       Osthoff      Tomassoni
Carlson, L.  Hausman      Luther       Ostrom       Trimble
Carruthers   Huntley      Mahon        Perlt        Wagenius
Clark        Jaros        Mariani      Peterson     Wejcman
Cooper       Jefferson    Marko        Pugh         Winter
Dauner       Jennings     McCollum     Rest         Sp.Anderson,I
Dawkins      Johnson, A.  McGuire      Rhodes       
Delmont      Kahn         Milbert      Rice         
Dorn         Kelley       Munger       Rukavina     
The motion prevailed and the amendment, as amended, was adopted.

Krinkie moved to amend H. F. No. 2818, the second engrossment, as amended, as follows:

Page 170, after line 14, insert:

"Section 1. [256.9251] [NOTICE TO APPLICANTS FOR MEDICAL ASSISTANCE.]

The commissioner shall issue to each applicant for medical assistance, at the time application is made, a separate sheet of paper containing the following statement:

"The taxpayers of the state of Minnesota have generously attempted to help you when you are in need of government assistance and hope this assistance will provide you with the resources needed to become self-sufficient." "

Renumber the sections in sequence and correct internal references

Amend the title accordingly


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7698

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 26 yeas and 105 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erhardt      Koppendrayer Osskopp      Vickerman
Boudreau     Frerichs     Krinkie      Pawlenty     Workman 
Bradley      Gunther      Leppik       Pellow       
Broecker     Hackbarth    Lindner      Peterson     
Commers      Holsten      Mares        Tuma         
Daggett      Knight       Olson, M.    Van Dellen   
Those who voted in the negative were:

Abrams       Garcia       Larsen       Orenstein    Swenson, D.
Anderson, R. Girard       Leighton     Osthoff      Swenson, H.
Bakk         Goodno       Lieder       Ostrom       Sykora
Bertram      Greenfield   Long         Otremba      Tomassoni
Bettermann   Greiling     Lourey       Ozment       Tompkins
Bishop       Haas         Luther       Paulsen      Trimble
Brown        Harder       Macklin      Pelowski     Tunheim
Carlson, L.  Hasskamp     Mahon        Perlt        Van Engen
Carlson, S.  Hausman      Mariani      Pugh         Wagenius
Carruthers   Huntley      Marko        Rest         Warkentin
Clark        Jaros        McCollum     Rhodes       Weaver
Cooper       Jefferson    McElroy      Rice         Wejcman
Dauner       Jennings     McGuire      Rostberg     Wenzel
Davids       Johnson, A.  Milbert      Rukavina     Winter
Dawkins      Johnson, V.  Molnau       Sarna        Wolf
Dehler       Kahn         Mulder       Schumacher   Worke
Delmont      Kalis        Munger       Seagren      Sp.Anderson,I
Dempsey      Kelley       Murphy       Skoglund     
Dorn         Kelso        Ness         Smith        
Entenza      Kinkel       Olson, E.    Solberg      
Farrell      Knoblach     Onnen        Stanek       
Finseth      Kraus        Opatz        Sviggum      
The motion did not prevail and the amendment was not adopted.

Van Engen; Bradley; Larsen; Harder; Dempsey; Dehler; Olson, M.; Mulder; Lynch; Haas; Girard; Davids; Workman; Koppendrayer; Broecker; Vickerman; Worke; Bettermann; Molnau; Mares; Weaver; Daggett; Osskopp; Commers; Pawlenty and Carlson, S., offered an amendment to H. F. No. 2818, the second engrossment, as amended.

POINT OF ORDER

Wenzel raised a point of order pursuant to rule 3.09 that the Van Engen et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

H. F. No. 2818, A bill for an act relating to human services; changing provisions to MA and GAMC; providing changes to long-term care; adding provisions to health care and health plan regulations; adding provisions for dental services, senior nutrition programs, and kinship caregiver support programs; authorizing studies and reports; appropriating money; amending Minnesota Statutes 1994, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 62Q.075, subdivision 2; 144.0722, by adding a subdivision; 144.551, subdivision 1; 144.71, subdivisions 1 and 2; 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 144.74; 145.61, subdivision 5; 148C.01, by adding a subdivision; 148C.09, by adding a subdivision; 157.20, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.94, subdivisions 2a and 3; 245.95, subdivision 2; 245.97, subdivision 6; 246.57, by adding a subdivision; 253B.11, subdivision 2; 256.482, by adding a subdivision; 256.9355, subdivision 3; 256B.03, by adding a subdivision; 256B.056, subdivision 1a; 256B.058, subdivision 2; 256B.0627, subdivisions 1, as amended, 4, as amended, 5, as amended, and by adding a subdivision; 256B.0913, subdivision 7, and by adding subdivisions; 256B.0915, subdivision 1b, and by adding subdivisions; 256B.15, by adding subdivisions; 256B.35, subdivision 1; 256B.37, subdivision 5; 256B.49, by


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7699

adding a subdivision; 256B.501, by adding a subdivision; 256B.69, by adding a subdivision; 256D.16; 256I.04, subdivision 1; 256I.05, subdivision 1c, and by adding a subdivision; and 327.14, subdivision 8; Minnesota Statutes 1995 Supplement, sections 62Q.19, subdivisions 1 and 5; 62R.17; 144.122; 144.9503, subdivisions 6, 8, and 9; 144.9504, subdivisions 2, 7, and 8; 144.9505, subdivision 4; 144A.071, subdivision 3; 148C.01, subdivisions 12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, and by adding a subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 157.15, subdivisions 4, 5, 6, 9, 12, 13, and 14, and by adding subdivisions; 157.16; 157.17, subdivision 2; 157.20, subdivision 1; 157.21; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivisions 1, 2b, and 10; 256B.0575; 256B.0625, subdivisions 17, 19a, and 30; 256B.0628, subdivision 2; 256B.0913, subdivisions 5 and 15a; 256B.0915, subdivisions 3 and 3a; 256B.093, subdivision 3; 256B.15, subdivision 5; 256B.431, subdivision 25; 256B.432, subdivision 2; 256B.434, subdivision 10; 256B.49, subdivisions 6 and 7; 256B.501, subdivisions 5b and 5c; 256B.69, subdivisions 3a, 4, 5b, 6, and 21; 256D.03, subdivision 4; and 256I.04, subdivisions 2b and 3; Laws 1995, chapter 207, articles 1, section 2, subdivision 4; and 8, section 42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 157; 252; 256; 256B; and 256E; proposing coding for new law as Minnesota Statutes, chapter 252B; repealing Minnesota Statutes 1994, sections 144.691, subdivision 4; 146.14; 146.20; Minnesota Statutes 1995 Supplement, sections 157.03; 157.15, subdivision 2; 157.18; 157.19; and 256B.69, subdivision 4a; Minnesota Rules, part 9505.5230.

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.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 116 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Knight       Olson, E.    Skoglund
Anderson, R. Frerichs     Knoblach     Olson, M.    Smith
Bakk         Garcia       Kraus        Onnen        Solberg
Bertram      Goodno       Larsen       Opatz        Stanek
Bishop       Greenfield   Leighton     Orenstein    Swenson, D.
Boudreau     Greiling     Leppik       Osskopp      Swenson, H.
Broecker     Gunther      Lieder       Osthoff      Tomassoni
Brown        Haas         Long         Ostrom       Tompkins
Carlson, L.  Hackbarth    Lourey       Otremba      Trimble
Carlson, S.  Harder       Luther       Ozment       Tuma
Carruthers   Hasskamp     Lynch        Pawlenty     Tunheim
Clark        Hausman      Macklin      Pellow       Vickerman
Cooper       Holsten      Mahon        Pelowski     Wagenius
Daggett      Huntley      Mares        Perlt        Warkentin
Dauner       Jaros        Mariani      Peterson     Weaver
Davids       Jefferson    Marko        Pugh         Wejcman
Dawkins      Jennings     McCollum     Rest         Wenzel
Dehler       Johnson, A.  McGuire      Rhodes       Winter
Delmont      Johnson, V.  Milbert      Rice         Worke
Dempsey      Kahn         Molnau       Rostberg     Sp.Anderson,I
Dorn         Kalis        Mulder       Rukavina     
Entenza      Kelley       Munger       Sarna        
Erhardt      Kelso        Murphy       Schumacher   
Farrell      Kinkel       Ness         Seagren      
Those who voted in the negative were:

Abrams       Girard       McElroy      Van Dellen   
Bettermann   Koppendrayer Paulsen      Van Engen    
Bradley      Krinkie      Sviggum      Wolf         
Commers      Lindner      Sykora       Workman      
The bill was passed, as amended, and its title agreed to.

SPECIAL ORDERS

H. F. No. 2298 was reported to the House.

Marko moved that H. F. No. 2298 be continued on Special Orders. The motion prevailed.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7700

H. F. No. 1404 was reported to the House.

Lieder moved to amend H. F. No. 1404, the third engrossment, as follows:

Pages 1 to 3, delete section 1

Pages 8 to 10, delete section 12

Renumber the sections in sequence and correct internal cross references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 1404, A bill for an act relating to transportation; authorizing use of unmarked vehicles by division of disease prevention and control of the department of health and providing for passenger vehicle classification license plates to be issued for those vehicles; allowing commissioner of transportation to act as agent to accept federal money for nonpublic organizations for transportation purposes; increasing maximum lump sum utility adjustment amount allowed for relocating utility facility; eliminating percentage limit for funding transportation research projects and providing for federal research funds and research partnerships; allowing counties more authority in disbursing certain state-aid highway funds; exempting charter buses from certain requirements of truck weight enforcement operations; regulating erection of highway signs identifying entrance into municipality; eliminating requirement to have permit identifying number affixed to highway billboard; providing for use and maintenance of hydrants located within right-of-way of public roads; eliminating legislative route No. 331 from trunk highway system and turning it back to the jurisdiction of Fillmore county; making technical corrections; amending Minnesota Statutes 1994, sections 16B.54, subdivision 2; 161.085; 161.36, subdivisions 1, 2, 3, and 4; 161.46, subdivision 3; 161.53; 162.08, subdivisions 4 and 7; 162.14, subdivision 6; 168.012, subdivision 1; 169.85; 173.02, subdivision 6; 173.07, subdivision 1; 174.04; and 222.37, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 173; repealing Minnesota Statutes 1994, sections 161.086; 161.115, subdivision 262.

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.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Olson, M.    Stanek
Anderson, B. Finseth      Kraus        Onnen        Sviggum
Anderson, R. Frerichs     Krinkie      Opatz        Swenson, D.
Bakk         Girard       Larsen       Orenstein    Swenson, H.

JOURNAL OF THE HOUSE - 86th Day - Top of Page 7701
Bertram Goodno Leighton Osskopp Sykora Bettermann Greenfield Leppik Osthoff Tomassoni Bishop Greiling Lieder Ostrom Tompkins Boudreau Gunther Lindner Otremba Trimble Bradley Haas Long Ozment Tuma Broecker Hackbarth Lourey Paulsen Tunheim Brown Harder Luther Pawlenty Van Dellen Carlson, L. Hasskamp Lynch Pellow Van Engen Carlson, S. Hausman Macklin Pelowski Vickerman Carruthers Holsten Mahon Perlt Wagenius Clark Huntley Mares Peterson Warkentin Commers Jaros Mariani Pugh Weaver Cooper Jefferson Marko Rest Wejcman Daggett Jennings McCollum Rhodes Wenzel Dauner Johnson, A. McElroy Rice Winter Davids Johnson, V. McGuire Rostberg Wolf Dawkins Kahn Milbert Rukavina Worke Dehler Kalis Molnau Sarna Workman Delmont Kelley Mulder Schumacher Sp.Anderson,I Dempsey Kelso Munger Seagren Dorn Kinkel Murphy Skoglund Entenza Knight Ness Smith Erhardt Knoblach Olson, E. Solberg
The bill was passed, as amended, and its title agreed to.

CALL OF THE HOUSE LIFTED

Kahn moved that the call of the House be suspended. The motion prevailed and it was so ordered.

There being no objection, the order of business reverted to Messages from the Senate.

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

S. F. No. 2702.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2702, A bill for an act relating to transportation; appropriating money for transportation purposes.

The bill was read for the first time.

Lieder moved that S. F. No. 2702 and H. F. No. 3137, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

SPECIAL ORDERS

Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

GENERAL ORDERS

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Greenfield moved that the name of Tompkins be added as an author on H. F. No. 2486. The motion prevailed.

Greenfield moved that the names of Lourey, Delmont and Tompkins be added as authors on H. F. No. 2818. The motion prevailed.


JOURNAL OF THE HOUSE - 86th Day - Top of Page 7702

Haas moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the first Koppendrayer amendment to H. F. No. 2156, the third engrossment, as amended." The motion prevailed.

Marko moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the Lindner amendment to H. F. No. 2156, the third engrossment, as amended." The motion prevailed.

Leppik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 26, 1996, when the vote was taken on the final passage of S. F. No. 2584." The motion prevailed.

Knoblach moved that H. F. No. 1671 be returned to its author. The motion prevailed.

Knoblach moved that H. F. No. 1933 be returned to its author. The motion prevailed.

Sviggum moved that H. F. No. 2200 be returned to its author. The motion prevailed.

Clark moved that H. F. No. 3101 be returned to its author. The motion prevailed.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, February 28, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Wednesday, February 28, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives


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