The House of Representatives convened at 12:00 noon and was called to order by Joe Opatz, Speaker pro tempore.
Prayer was offered by the Reverend Erland Carlson, representing the Deaf and Hard of Hearing, Mendota Heights, Minnesota.
The roll was called and the following members were present:
| Abrams | Erhardt | Juhnke | Mariani | Paymar | Swenson, D. |
| Anderson, B. | Evans | Kahn | Marko | Pelowski | Swenson, H. |
| Anderson, I. | Farrell | Kalis | McCollum | Peterson | Sykora |
| Bakk | Finseth | Kielkucki | McElroy | Pugh | Tingelstad |
| Bettermann | Folliard | Kinkel | McGuire | Rest | Tomassoni |
| Biernat | Garcia | Knight | Milbert | Reuter | Tompkins |
| Bishop | Goodno | Knoblach | Molnau | Rhodes | Trimble |
| Boudreau | Greenfield | Koppendrayer | Mulder | Rifenberg | Tuma |
| Bradley | Greiling | Koskinen | Mullery | Rostberg | Tunheim |
| Broecker | Gunther | Kraus | Munger | Rukavina | Van Dellen |
| Carlson | Haas | Krinkie | Murphy | Schumacher | Vickerman |
| Chaudhary | Harder | Kubly | Ness | Seagren | Wagenius |
| Clark | Hasskamp | Kuisle | Nornes | Seifert | Weaver |
| Commers | Hausman | Larsen | Olson, E. | Sekhon | Wejcman |
| Daggett | Hilty | Leighton | Olson, M. | Skare | Wenzel |
| Davids | Holsten | Leppik | Opatz | Skoglund | Westfall |
| Dawkins | Huntley | Lieder | Orfield | Slawik | Westrom |
| Dehler | Jaros | Lindner | Osskopp | Smith | Winter |
| Delmont | Jefferson | Long | Osthoff | Solberg | Wolf |
| Dempsey | Jennings | Luther | Otremba | Stanek | Workman |
| Dorn | Johnson, A. | Macklin | Ozment | Stang | Spk. Carruthers |
| Entenza | Johnson, R. | Mares | Paulsen | Sviggum | |
A quorum was present.
Kelso, Mahon and Pawlenty were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Marko moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 453, relating to the military; changing certain military requirements, procedures, and duties; clarifying certain language; changing armory provisions.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 281, relating to utilities; providing performance regulation plans for gas utility services.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 447, relating to insurance; requiring health plan companies to provide direct access to obstetric and gynecologic services.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 |
| 504 | 21 | 10:20 a.m. April 8 | April 8 | |
| 624 | 22 | 10:25 a.m. April 8 | April 8 | |
| 700 | 23 | 10:25 a.m. April 8 | April 8 | |
| 453 | 24 | 10:27 a.m. April 8 | April 8 | |
| 281 | 25 | 10:28 a.m. April 8 | April 8 | |
| 447 | 26 | 10:30 a.m. April 8 | April 8 | |
Sincerely,
Joan Anderson Growe
Secretary of State
Wagenius from the Committee on Transportation and Transit to which was referred:
H. F. No. 385, A bill for an act relating to highways; designating Augie Mueller Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 9, delete "interstate" and insert "marked trunk" and delete "494" and insert "No. 101"
Page 1, line 10, delete "Eden Prairie" and insert "Chanhassen"
Page 1, line 12, delete "Highway."" and insert "Highway" subject to section 161.139."
Page 1, line 14, after the period, insert "The people of the community, having resolved to support and financially back the marking of this highway, shall reimburse the department for costs incurred in marking and memorializing this highway."
With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.
The report was adopted.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 435, A bill for an act relating to the environment; amending the Minnesota Environmental Response and Liability Act; providing for the use of institutional controls to assure protectiveness of cleanup remedies; authorizing the pollution control agency to enter into certain cleanup settlements; changing a report date; appropriating money; amending Minnesota Statutes 1996, sections 115B.02, subdivision 16, and by adding a subdivision; 115B.17, subdivisions 14, 15, and by adding subdivisions; and 115B.412, subdivision 10.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Wenzel from the Committee on Agriculture to which was referred:
H. F. No. 535, A bill for an act relating to agriculture; conforming certain food rules with federal regulations; eliminating a requirement concerning llamas; regulating raising of bison; amending Minnesota Statutes 1996, sections 31.101; 31.102, subdivision 1; 31.103, subdivision 1; and 31.104; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1996, section 17.456, subdivision 4.
Reported the same back with the following amendments:
Pages 1 and 2, delete sections 1 and 2 and insert:
"Section 1. Minnesota Statutes 1996, section 17.03, is amended by adding a subdivision to read:
Subd. 12. [CONTRACTS.] The commissioner may enter into contracts with any public or private entity
for the provision of biological control, integrated pest management, plant pest survey, and market analysis services. A
contract must specify the services to be provided and the amount and method of reimbursement. Funds generated in a
contractual agreement under
this section must be deposited in a special revenue fund and are appropriated to the department for purposes of providing
services specified in the contracts. Contracts under this section must be processed in accordance with section 16B.06. The
commissioner must report revenues collected and expenditures made under this section to the chairs of the environment and
natural resources finance committee in the house and the environment and agriculture budget division in the senate by
January 15 of each odd-numbered year.
Sec. 2. Minnesota Statutes 1996, section 17.116, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to farmers, educational institutions, individuals at educational institutions, or nonprofit organizations residing or located in the state for demonstrations on farms in the state.
(b) Grants may only be made for projects that show:
(1) the ability to maximize direct or indirect energy savings or production;
(2) a positive effect or reduced adverse effect on the environment; and
(3) profitability for the individual farm."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 4, delete everything after the first semicolon and insert "providing for certain contracts and grants;"
Page 1, line 5, after "sections" insert "17.03, by adding a subdivision; 17.116, subdivision 2;"
Page 1, line 7, delete everything after the semicolon
Page 1, line 8, delete everything before "repealing"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 606, A bill for an act relating to peace officers; requiring law enforcement agencies to do background investigations for applicants for employment as peace officers; requiring employers to disclose personnel records for law enforcement background investigations; providing immunity for employers who disclose information to law enforcement; requiring notice to the POST board when a background investigation is initiated; authorizing sharing of data on subjects of background investigations; amending Minnesota Statutes 1996, sections 13.41, subdivision 2a; 13.43, by adding a subdivision; 604A.31, subdivision 3; and 626.845, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 13.41, subdivision 2a, is amended to read:
Subd. 2a. [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.] The following government data of
the board of peace officer standards and training are private data:
(1) home addresses of licensees and applicants for licenses; and
(2) data that identify the state agency, statewide system, or political subdivision that employs a licensed peace officer.
The board may disseminate private data on applicants and licensees as is necessary to administer law enforcement
licensure or to provide data under section 626.845, subdivision 1, to law enforcement agencies who are conducting
employment background investigations.
Sec. 2. Minnesota Statutes 1996, section 13.43, is amended by adding a subdivision to read:
Subd. 12. [SHARING OF LAW ENFORCEMENT PERSONNEL BACKGROUND INVESTIGATION
DATA.] A law enforcement agency shall share data from a background investigation done under section 626.87 with
the peace officer standards and training board or with a law enforcement agency doing an investigation of the subject of the
data under section 626.87.
Sec. 3. Minnesota Statutes 1996, section 604A.31, subdivision 3, is amended to read:
Subd. 3. [BACKGROUND CHECKS.] (a) Certain persons who issue certificates in conjunction with gun permit
background checks are immune from liability as provided in section 624.713, subdivision 1.
(b) Employers who provide information in conjunction with background investigations of applicants for employment
with a law enforcement agency are immune from civil liability as provided in section 626.87, subdivision 4.
Sec. 4. Minnesota Statutes 1996, section 626.845, subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] The board shall have the following powers and duties:
(a) To certify peace officers' training schools or programs administered by state, county and municipalities located within
this state in whole or in part no later than 90 days after receipt of an application for certification. The reasons for
noncertification of any school or program or part thereof shall be transmitted to the school within 90 days and shall contain
a detailed explanation of the reasons for which the school or program was disapproved and an explanation of what supporting
material or other requirements are necessary for the board to reconsider. Disapproval of a school or program shall not
preclude the reapplication for certification of the school or program;
(b) To issue certificates to schools, and to revoke such certification when necessary to maintain the objectives and
purposes of sections 626.841 to 626.855;
(c) To certify, as qualified, instructors at peace officer training schools, and to issue appropriate certificates to such
instructors;
(d) To license peace officers who have satisfactorily completed certified basic training programs, and passed examinations
as required by the board;
(e) To cause studies and surveys to be made relating to the establishment, operation, and approval of state, county, and
municipal peace officer training schools;
(f) To consult and cooperate with state, county, and municipal peace officer training schools for the development of
in-service training programs for peace officers;
(g) To consult and cooperate with universities, colleges, and technical colleges for the development of specialized courses
of instruction and study in the state for peace officers and part-time peace officers in police science and police administration;
(h) To consult and cooperate with other departments and agencies of the state and federal government concerned
with peace officer standards and training;
(i) To perform such other acts as may be necessary and appropriate to carry out the powers and duties as set forth in the
provisions of sections 626.841 to 626.855;
(j) To coordinate the provision, on a regional basis, of skills oriented basic training courses to graduates of certified law
enforcement training schools or programs;
(k) To obtain criminal conviction data for persons seeking a license to be issued or possessing a license issued by the
board. The board shall have authority to obtain criminal conviction data to the full extent that any other law enforcement
agency, as that term is defined by state or federal law, has to obtain the data;
(l) To prepare and transmit annually to the governor and the legislature a report of its activities with respect to allocation
of moneys appropriated to it for peace officers training, including the name and address of each recipient of money for that
purpose, the amount awarded, and the purpose of the award;
(m) To assist and cooperate with any political subdivision or state law enforcement agency which employs persons
licensed by the board to establish written procedures for the investigation and resolution of allegations of misconduct of
persons licensed by the board, and to enforce licensing sanctions for failure to implement such procedures; and
(n) To assist and cooperate with political subdivisions and state law enforcement agencies that employ persons licensed
by the board in establishing written procedures to govern the conduct of peace officers who are in pursuit of a vehicle in
violation of section 609.487, and requirements for the training of peace officers in conducting pursuits. The board may
impose licensing sanctions for failure to establish pursuit procedures and training requirements by October 1, 1989.
In addition, the board may maintain data received from law enforcement agencies under section 626.87, subdivision
5, provide the data to requesting law enforcement agencies who are conducting background investigations, and maintain data
on applicants and licensees as part of peace officer license data. The data that may be maintained include the name of the
law enforcement agency conducting the investigation and data on the candidate provided under section 626.87, subdivision 5,
clauses (1) and (2).
Sec. 5. [626.87] [LAW ENFORCEMENT BACKGROUND INVESTIGATIONS.]
Subdivision 1. [BACKGROUND INVESTIGATION REQUIRED.] (a) A law enforcement agency shall
conduct a thorough background investigation on an applicant for employment as a licensed peace officer or an applicant for
a position leading to employment as a licensed peace officer before the applicant may be employed. The background
investigation must determine at a minimum whether the candidate meets the following standards:
(1) standards established by the Minnesota board of peace officer standards and training; and
(2) established security standards for access to state and national computerized record and communication
systems.
(b) This requirement does not prevent a law enforcement agency from establishing higher standards for law
enforcement employees if those standards are not contrary to applicable law.
Subd. 2. [DISCLOSURE OF EMPLOYMENT INFORMATION.] Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment information of an employee or
former employee who is the subject of an investigation under subdivision 1. The request for disclosure of employment
information must be in writing, must be accompanied by an original authorization and release signed by the employee or
former employee, and must be signed by a sworn peace officer or other authorized representative of the law enforcement
agency conducting the background investigation.
Subd. 3. [REFUSAL TO DISCLOSE A PERSONNEL RECORD.] If an employer refuses to disclose
employment information in accordance with this section, upon request the district court may issue an ex parte order directing
the disclosure of the employment information. The request must be made by a sworn peace officer from the law enforcement
agency conducting the background investigation and must include a copy of the original request for disclosure made upon
the employer or former employer and the authorization and release signed by the employee or former employee. The request
must be signed by the peace officer requesting the order and an attorney representing the state or the political subdivision
on whose behalf the background investigation is being conducted. It is not necessary for the request or the order to be filed
with the court administrator. Failure to comply with the court order subjects the person who fails to comply to civil or
criminal contempt of court.
Subd. 4. [IMMUNITY FROM LIABILITY.] In the absence of fraud or malice, an employer is immune from
civil liability for employment information released to a law enforcement agency under this section, or for any subsequent
publication made by the employee or former employee of employment information released to a law enforcement agency
under this section.
Subd. 5. [NOTICE OF INVESTIGATION.] Upon initiation of a background investigation under this
section, the law enforcement agency shall give written notice to the peace officer standards and training board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an application for employment.
Initiation of a background investigation occurs when the law enforcement agency begins its determination of whether an
applicant meets the agency's standards for employment as a law enforcement employee.
Subd. 6. [CONFIDENTIALITY AGREEMENTS.] If employment information is subject to a confidentiality
agreement between the employee or former employee and the employer, the employer shall disclose the fact that such an
agreement exists. If the employee or former employee has authorized the release of employment information without regard
to any previous agreement to the contrary, the employer shall also disclose the employment information in accordance with
subdivision 2. If employment information is sealed or otherwise subject to a nondisclosure order by a court of competent
jurisdiction, the employer shall disclose the fact that such an order exists, along with information identifying the court and
court's file number.
Subd. 7. [EMPLOYMENT INFORMATION.] For purposes of this section, "employment information"
means written information in connection with job applications, performance evaluations, attendance records, disciplinary
actions, and eligibility for rehire.
Subd. 8. [APPLICATION.] For purposes of this section, "employer" does not include an entity that is subject
to chapter 13.
Sec. 6. [EFFECTIVE DATE.]
Section 4 is effective July 1, 1998."
Delete the title and insert:
"A bill for an act relating to peace officers; requiring law enforcement agencies to do background investigations for
applicants for employment as peace officers; requiring employers to disclose personnel records for law enforcement
background investigations; providing immunity for employers who disclose information to law enforcement; requiring notice
to the POST board when a background investigation is initiated; authorizing sharing of data on subjects of background
investigations; amending Minnesota Statutes 1996, sections 13.41, subdivision 2a; 13.43, by adding a subdivision; 604A.31,
subdivision 3; and 626.845, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626."
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 832, A bill for an act relating to civil actions; requiring certification of expert review in actions against certain
professionals; proposing coding for new law in Minnesota Statutes, chapter 544.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [544.50] [ACTIONS AGAINST PROFESSIONALS; CERTIFICATION OF EXPERT REVIEW.]
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "professional" means a licensed attorney or an architect, certified public accountant, engineer, land surveyor, or
landscape architect licensed or certified under sections 326.02 to 326.229; and
(2) "action" includes an original claim, cross-claim, counterclaim, or third-party claim. An action does not include
a claim for damages requiring notice pursuant to section 604.04.
Subd. 2. [REQUIREMENT.] In an action against a professional alleging negligence or malpractice in
rendering a professional service where expert testimony is to be used by a party to establish a prima facie case, the party
must:
(1) unless otherwise provided in subdivision 3, paragraph (a), clause (2) or (3), serve upon the opponent with the
pleadings an affidavit as provided in subdivision 3; and
(2) serve upon the opponent within 180 days an affidavit as provided in subdivision 4.
Subd. 3. [AFFIDAVIT OF EXPERT REVIEW.] (a) The affidavit required by subdivision 2, clause (1),
must be drafted by the party's attorney and state that:
(1) the facts of the case have been reviewed by the party's attorney with an expert whose qualifications provide a
reasonable expectation that the expert's opinions could be admissible at trial and that, in the opinion of this expert, the
defendant deviated from the applicable standard of care and by that action caused injury to the plaintiff;
(2) the expert review required by clause (1) could not reasonably be obtained before the action was commenced
because of the applicable statute of limitations; or
(3) the parties have agreed to a waiver of the expert review required by clause (1) or the party has applied for a waiver
or modification by the court under paragraph (c).
(b) If an affidavit is executed under paragraph (a), clause (2), the affidavit in paragraph (a), clause (1), must be served
on the defendant or the defendant's counsel within 90 days after service of the summons and complaint.
(c) The certification of expert review required under this section may be waived or modified if the court where the
matter will be venued determines, upon an application served with commencement of the action, that good cause exists for
not requiring the certification. Good cause includes, but is not limited to, a showing that the action requires discovery to
provide a reasonable basis for the expert's opinion or the unavailability, after a good faith effort, of a qualified expert at
reasonable cost. If the court waives or modifies the expert review requirements, the court shall establish a scheduling order
for
compliance or discovery. If the court denies a request for a waiver under this subdivision, the plaintiff must serve on the
defendant the affidavit required under subdivision 2, clause (1), within 60 days, and the affidavit required under
subdivision 2, clause (2), within 180 days.
Subd. 4. [IDENTIFICATION OF EXPERTS TO BE CALLED.] (a) The affidavit required by subdivision
2, clause (2), must be signed by the party's attorney and state the identity of each person whom the attorney expects to call
as an expert witness at trial to testify with respect to the issues of negligence, malpractice, or causation, the substance of the
facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. Answers to
interrogatories that state the information required by this subdivision satisfy the requirements of this subdivision if they are
signed by the party's attorney and served upon the opponent within 180 days after commencement of the action against the
defendant or within 180 days after service of the affidavit required by subdivision 3, paragraph (a), clause (2) or (3).
(b) The parties by agreement, or the court for good cause shown, may provide for extensions of the time limits
specified in this subdivision, subdivision 2, or 3. Nothing in this subdivision prevents any party from calling additional
expert witnesses or substituting other expert witnesses.
Subd. 5. [RESPONSIBILITIES OF PARTY AS ATTORNEY.] If a party is acting pro se, the party shall
sign the affidavit or answers to interrogatories referred to in this section and is bound by those provisions as if represented
by an attorney.
Subd. 6. [PENALTY FOR NONCOMPLIANCE.] (a) Failure to comply with subdivision 2, clause (1),
within 60 days after demand for the affidavit results, upon motion, in mandatory dismissal of each cause of action with
prejudice as to which expert testimony is necessary to establish a prima facie case.
(b) Failure to comply with subdivision 3, clause (2) or (3), results, upon motion, in mandatory dismissal of each cause
of action with prejudice as to which expert testimony is necessary to establish a prima facie case.
(c) Failure to comply with subdivision 4 results, upon motion, in mandatory dismissal of each action with prejudice
as to which expert testimony is necessary to establish a prima facie case, provided that an initial motion to dismiss an action
under this paragraph based upon claimed deficiencies of the affidavit or answers to interrogatories shall not be granted
unless, after notice by the court, the nonmoving party is given 60 days to satisfy the disclosure requirements in subdivision 4.
In providing its notice, the court shall issue specific findings as to the deficiencies of the affidavit or answers to
interrogatories.
Subd. 7. [CONSEQUENCES OF SIGNING AFFIDAVIT.] The signature of the party or the party's attorney
constitutes a certification that the person has read the affidavit or answers to interrogatories, and that to the best of the
person's knowledge, information, and belief formed after a reasonable inquiry, it is true, accurate, and made in good faith.
A certification made in violation of this subdivision subjects the attorney or party responsible for that conduct to reasonable
attorney's fees, costs, disbursements, and other damages that may be determined by the court.
Sec. 2. [EFFECTIVE DATE; APPLICATION.]
Section 1 is effective August 1, 1997, and applies to causes of action arising from incidents occurring on or after that
date and to actions commenced on or after August 1, 1998."
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 846, A bill for an act relating to civil actions; clarifying the delayed discovery rule governing the statute of
limitations for damages due to sexual abuse; amending Minnesota Statutes 1996, section 541.073.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 541.073, is amended to read:
541.073 [ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS; DELAYED
DISCOVERY RULE.]
Subdivision 1. [DEFINITION.] As used in this section, "sexual abuse" means conduct described in sections 609.342
to 609.345.
Subd. 2. [LIMITATIONS PERIOD.] (a) Except as provided in paragraphs (b) to (d), an action for damages
based on personal injury caused by sexual abuse must be commenced within six years of the
(b) Subject to paragraphs (c) and (d), if the plaintiff was a minor at the time of the last incident of sexual abuse, the
plaintiff must commence a suit within six years of the time the plaintiff knew or had reason to know:
(1) that the plaintiff was sexually abused;
(2) that the plaintiff was injured; and
(3) that the injury was caused by the sexual abuse.
(c) Nothing in this section allows any person who was under 18 years of age at the time of the last incident of sexual
abuse to bring an action after reaching the age of 27, if the action is against a person who did not commit the sexual
abuse.
(d) Nothing in this section allows any person who was 16 or 17 years of age at the time of the last incident of sexual
abuse to bring an action after reaching the age of 27, if the action is against a person who did not commit the sexual
abuse.
Subd. 3. [APPLICABILITY.] This section applies to an action for damages commenced against a person who caused
the plaintiff's personal injury either by (1) committing sexual abuse against the plaintiff, or (2) negligently permitting sexual
abuse against the plaintiff to occur.
Sec. 2. [EFFECTIVE DATE; APPLICATION.]
Section 1 is effective the day following final enactment and applies to actions commenced on or after the effective
date."
With the recommendation that when so amended the bill pass.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
H. F. No. 1007, A bill for an act relating to elections; providing for presidential primaries by mail; amending Minnesota
Statutes 1996, sections 204B.45, subdivision 3, and by adding a subdivision; 207A.01; 207A.02, subdivision 1a; 207A.03;
207A.04, subdivision 3; 207A.06, subdivision 2; 207A.08; and 207A.09; proposing coding for new law in Minnesota
Statutes, chapter 207A; repealing Minnesota Statutes 1996, section 207A.07.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 200.01, is amended to read:
200.01 [CITATION, MINNESOTA ELECTION LAW.]
This chapter and chapters 201, 202A, 203B, 204B, 204C, 204D, 205, 205A, 206, 207A, 208, 209, 211A, 211B,
and 211C shall be known as the Minnesota election law.
Sec. 2. Minnesota Statutes 1996, section 207A.01, is amended to read:
207A.01 [PRESIDENTIAL PRIMARY.]
A presidential primary must be held on the first Tuesday in
Sec. 3. Minnesota Statutes 1996, section 207A.02, subdivision 1a, is amended to read:
Subd. 1a. [TIME FOR FILING; FEE.] The period for filing an affidavit of candidacy for the presidential primary must
begin 16 weeks before the primary and end 14 weeks before the primary. The filing fee is
Sec. 4. Minnesota Statutes 1996, section 207A.06, subdivision 2, is amended to read:
Subd. 2. [CHOSEN DELEGATES.] Delegates to the national convention of each political party appearing on the
presidential primary ballot must be chosen by the state convention or congressional district convention of that party, except
as otherwise provided in this subdivision. The secretary of each party's state convention or congressional district convention
shall
Sec. 5. Minnesota Statutes 1996, section 207A.08, is amended to read:
207A.08 [INFORMATION ON PARTY CHOICE.]
Notwithstanding section 204C.18, subdivision 1, or other law to the contrary,
Sec. 6. Minnesota Statutes 1996, section 207A.09, is amended to read:
207A.09 [RULEMAKING AUTHORITY.]
The secretary of state shall adopt rules
(1) to implement
(2) to determine a method for verifying the signatures on nominating petitions and petitions in place of filing fees for the
presidential primary;
(3) to determine the format of the presidential primary ballots; and
(4) to determine the manner of paying or reimbursing the costs to the counties of conducting the presidential primary.
Sec. 7. [REPEALER.]
Minnesota Statutes 1996, section 207A.07, is repealed."
Delete the title and insert:
"A bill for an act relating to elections; changing the presidential primary date and filing fee, delegate apportionment, public
information, and rulemaking requirements; eliminating obsolete language; amending Minnesota Statutes 1996,
sections 200.01; 207A.01; 207A.02, subdivision 1a; 207A.06, subdivision 2; 207A.08; and 207A.09; repealing Minnesota
Statutes 1996, section 207A.07."
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
H. F. No. 1207, A bill for an act relating to civil actions; providing limits on liability of certain private corrections
treatment facilities that receive patients under court or administrative order; proposing coding for new law in Minnesota
Statutes, chapter 604A.
Reported the same back with the following amendments:
Page 1, line 11, delete "Minnesota law" and insert "chapter 317A"
Page 1, after line 19, insert:
"The treatment facility may procure insurance against liability for claims described under this section. The insurance
may provide protection in excess of the limit of liability imposed by section 3.736, subdivision 4. The procurement of such
insurance constitutes a waiver of the limits of liability under this section only to the extent that valid and collectible insurance,
including where applicable, proceeds from the Minnesota insurance guaranty association under chapter 60C, exceeds those
limits and covers the claim. The purchase of excess insurance has no other effect on the liability of the nonprofit corporation
or its employees."
With the recommendation that when so amended the bill pass.
The report was adopted.
Wenzel from the Committee on Agriculture to which was referred:
H. F. No. 1444, A bill for an act relating to agriculture; creating a food coupon program using "Minnesota grown"
products; appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [MINNESOTA GROWN COUPONS.]
The commissioner of agriculture must create and administer a "Minnesota grown" coupon program to provide food
coupons to individuals and families eligible for at least $50 per month from the temporary hunger prevention and community
development initiative program. Thirty-five percent of the total benefit an individual or family is eligible for under the
temporary hunger prevention and community development initiative shall be issued each month by the commissioner as
coupons, except that the amount of coupons issued must be rounded up to the nearest $5 and not exceed $100 nor be less
than $20.
The commissioner of human services must provide to the commissioner of agriculture the names of the heads of
households who are eligible for the "Minnesota grown" coupon program, their addresses, the amount of coupons to be issued
to the household, and any other information necessary to ensure the administrative efficiency of the "Minnesota grown"
coupon program.
Eligibility for the temporary hunger prevention and community development initiative program and the amount of
the benefit to be issued in "Minnesota grown" coupons must be determined by county agencies.
The coupons must be clearly labeled as redeemable only for products licensed to use the "Minnesota grown" logo or
labeling statement under Minnesota Statutes, section 17.102. Coupons may be redeemed by farmers, custom meat
processors, community-supported agriculture farms, grocery stores, and retailers. The person accepting the coupon is
responsible for its redemption only on products licensed to use the "Minnesota grown" logo or labeling statement.
Sec. 2. [ENFORCEMENT.]
The commissioner of agriculture may establish criteria for vendor eligibility and may enforce section 1 according to
Minnesota Statutes, sections 17.982 to 17.984.
Sec. 3. [REPORT.]
The commissioner of agriculture shall report on the "Minnesota grown" coupon program by January 15 annually to
the house of representatives agriculture committee and the senate agriculture and rural development committee.
Sec. 4. [APPROPRIATION.]
$. . . . . is appropriated to the commissioner of agriculture from the general fund for the biennium ending June 30,
1999, for the purposes of sections 1 and 2."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment,
Natural Resources and Agriculture Finance.
The report was adopted.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 1579, A bill for an act relating to game and fish; allowing subagents to retain a commission on the sale of
sporting licenses; amending Minnesota Statutes 1996, section 97A.485, subdivision 6, and by adding a subdivision.
Reported the same back with the following amendments:
Page 1, lines 14, 16, 20, and 23, after "percent" insert "of the license fee"
Page 2, delete section 2
Amend the title as follows:
Page 1, line 2, delete "allowing subagents to"
Page 1, delete line 3 and insert "modifying certain license issuing fees;"
Page 1, line 5, delete ", and by adding a subdivision"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and
Means.
The report was adopted.
Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 1646, A bill for an act relating to agriculture; providing for competition and economic fairness in the marketing
of dairy products; allowing retail price flexibility in sales of milk and milk products; repealing Minnesota Statutes 1996,
sections 32.70; 32.71; 32.72; 32.73; and 32.74.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and
Means.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
H. F. No. 1914, A bill for an act relating to education; holding Minneapolis school board elections at the same time as
state elections; amending Minnesota Statutes 1996, section 128D.08, subdivision 1; repealing Minnesota Statutes 1996,
section 128D.08, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 10, strike "SAME AS CITY" and insert "PROCEDURES"
Page 1, line 12, reinstate the stricken language and before "state" insert "or"
Page 1, line 24, delete "include" and insert "adopt"
Page 1, line 25, delete "even-year elections" and insert "a new election schedule" and delete "The
plan "
Page 1, delete line 26
Page 2, delete lines 1 to 4
Amend the title as follows:
Page 1, line 2, delete "holding" and insert "authorizing"
Page 1, line 3, after "elections" insert "to be held"
With the recommendation that when so amended the bill pass.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 296, A bill for an act relating to water; providing for four-year terms for soil and water conservation district
supervisors; conforming the timelines for appointing supervisor replacements to other election law; amending Minnesota
Statutes 1996, sections 103C.301, subdivisions 1 and 6; 103C.305, subdivision 6; 103C.311; and 103C.315, subdivision 2.
Reported the same back with the following amendments:
Page 3, delete section 6 and insert:
"Sec. 6. [INCUMBENT TERMS.]
All supervisors who are incumbents on the effective date of this section shall serve out the terms to which they have
been elected. At the end of their terms, their successors shall be elected to four-year terms, except that the successors to the
two supervisors whose terms expire on December 31, 1998, shall be elected to two-year terms at the 1998 general election
and to four-year terms thereafter."
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
S. F. No. 378, A bill for an act relating to taxation; recodifying taxes on liquor; providing civil and criminal penalties;
appropriating money; amending Minnesota Statutes 1996, sections 16A.26; 340A.301, subdivision 8; 340A.302,
subdivision 1; 340A.414, subdivision 7; 340A.417; and 340A.7035; proposing coding for new law as Minnesota Statutes,
chapter 297G; repealing Minnesota Statutes 1996, sections 297C.01; 297C.02; 297C.03; 297C.04; 297C.045; 297C.05;
297C.06; 297C.07; 297C.08; 297C.09; 297C.10; 297C.11; 297C.12; 297C.13; 297C.14; 297C.16; and 297C.17.
Reported the same back with the following amendments:
Page 24, line 29, delete the semicolon
Page 24, line 30, delete everything before the period
Page 24, line 33, delete "A "
Page 24, delete lines 34 to 36
Page 25, line 4, delete everything after the period
Page 25, delete lines 5 to 7
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
S. F. No. 472, A bill for an act relating to taxation; recodifying sales taxes on cigarettes and tobacco products; providing
criminal and civil penalties; appropriating money; amending Minnesota Statutes 1996, sections 16A.26; 16A.661,
subdivision 3; 16A.6701, subdivision 1; 116P.13, subdivision 1; 325D.32, subdivision 4; and 325D.415; proposing coding
for new law as Minnesota Statutes, chapter 297F; repealing Minnesota Statutes 1996, sections 297.01; 297.02; 297.03;
297.031; 297.032; 297.04; 297.041; 297.05; 297.06; 297.07; 297.075; 297.08; 297.09; 297.10; 297.11; 297.12; 297.13;
297.21; 297.22; 297.23; 297.24; 297.25; 297.26; 297.31; 297.32; 297.321; 297.33; 297.335; 297.34; 297.35; 297.36;
297.37; 297.38; 297.385; 297.39; 297.40; 297.41; 297.42; 297.43; and 297.44.
Reported the same back with the following amendments:
Page 33, line 19, delete the semicolon
Page 33, line 20, delete everything before the period
Page 33, line 23, delete "A"
Page 33, delete lines 24 to 26
Page 33, line 30, delete everything after the period
Page 33, delete lines 31 to 33
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 703, A bill for an act relating to elections; allowing mail balloting in certain elections in additional cities and
towns; amending Minnesota Statutes 1996, section 204B.45, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 10, reinstate "
Page 1, line 20, delete "75" and insert "50"
With the recommendation that when so amended the bill pass.
The report was adopted.
Skoglund from the Committee on Judiciary to which was referred:
S. F. No. 950, A bill for an act relating to education; adopting working group recommendations for conducting teacher
background checks; amending Minnesota Statutes 1996, section 120.1045.
Reported the same back with the following amendments:
Page 1, line 17, strike "cashier's"
Page 2, line 2, delete "cashier's"
Page 3, lines 1 and 16, delete "cashier's"
With the recommendation that when so amended the bill pass.
The report was adopted.
Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:
S. F. No. 1356, A bill for an act relating to legislative districts; changing two districts to reflect an annexation; amending
Minnesota Statutes 1996, section 2.123, subdivision 2.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
H. F. Nos. 385, 606, 832, 846, 1007, 1207 and 1914 were read for the second time.
S. F. Nos. 296, 703, 950 and 1356 were read for the second time.
The following House Files were introduced:
Lieder and Olson, E., introduced:
H. F. No. 2114, A bill for an act relating to health; allowing a nursing facility to qualify for interim and settle up payment
rates; amending Minnesota Statutes 1996, section 256B.431, subdivision 25.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Lieder and Olson, E., introduced:
H. F. No. 2115, A bill for an act relating to health; allowing a nursing facility to qualify for interim and settle up payment
rates; amending Minnesota Statutes 1996, section 256B.431, subdivision 25.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Jefferson introduced:
H. F. No. 2116, A bill for an act relating to employment; appropriating money for certain career and technology
training programs.
The bill was read for the first time and referred to the Committee on Education.
Milbert, Rukavina, Tomassoni, Holsten and Kahn introduced:
H. F. No. 2117, A bill for an act relating to gambling; providing for the establishment of state-run casinos; providing
duties and powers to the director of the state lottery; providing for the use of casino revenues; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 349A.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Osthoff introduced:
H. F. No. 2118, A bill for an act relating to appropriations; appropriating money for water access development.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture
Finance.
Chaudhary and Evans introduced:
H. F. No. 2119, A bill for an act relating to education; appropriating money for the school enrichment partnership
program.
The bill was read for the first time and referred to the Committee on Education.
Olson, E.; Peterson; Murphy; Solberg and Munger introduced:
H. F. No. 2120, A bill for an act relating to taxation; proposing an amendment to the Minnesota Constitution, article XIII,
section 1; prohibiting financing of certain education costs with local property taxes; providing for school funding;
appropriating money; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 124A.02, subdivision 8;
124A.03, by adding a subdivision; 124A.22, subdivision 1; 124A.23, subdivision 1; 275.065, subdivision 3; 275.08,
subdivision 1b; 276.04, subdivision 2; 276A.01, subdivision 5; 276A.06, subdivision 3; 473F.02, subdivision 5; and
473F.08, subdivision 3; repealing Minnesota Statutes 1996, sections 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e;
and 124A.23, subdivisions 2, 3, and 4.
The bill was read for the first time and referred to the Committee on Taxes.
Stang introduced:
H. F. No. 2121, A bill for an act relating to taxation; extending eligibility for classification as 4c property to certain
community service organizations; amending Minnesota Statutes 1996, section 273.13, subdivision 25.
The bill was read for the first time and referred to the Committee on Taxes.
Stang introduced:
H. F. No. 2122, A bill for an act relating to education; providing for a fund transfer for independent school
district No. 2364, Belgrade-Brooten-Elrosa.
The bill was read for the first time and referred to the Committee on Education.
Kalis, Osthoff, McCollum, Weaver and Dorn introduced:
H. F. No. 2123, A bill for an act relating to health; moving the problem gambling program to the health department;
funding the problem gambling program with profits from gambling; establishing program requirements; appropriating
money; amending Minnesota Statutes 1996, sections 240.13, subdivision 2; 349.172, subdivision 5; 349A.06, subdivision 5;
and 609.115, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes
1996, section 245.98.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Tomassoni, Solberg, Bakk and Anderson, I., introduced:
H. F. No. 2124, A bill for an act relating to education; appropriating money for the Nett Lake community center.
The bill was read for the first time and referred to the Committee on Education.
Tomassoni, Solberg, Bakk and Anderson, I., introduced:
H. F. No. 2125, A bill for an act relating to education; appropriating money for a media specialist for independent school
district No. 707, Nett Lake.
The bill was read for the first time and referred to the Committee on Education.
Tomassoni, Bakk, Solberg and Anderson, I., introduced:
H. F. No. 2126, A bill for an act relating to education; appropriating money for grants to independent school
district No. 707, Nett Lake, for insurance and unemployment compensation; amending Laws 1995, First Special Session
chapter 3, article 8, section 25, subdivision 12.
The bill was read for the first time and referred to the Committee on Education.
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. 1684.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1684, A bill for an act relating to education; authorizing Minneapolis school board elections to be held at
the same time as state elections; amending Minnesota Statutes 1996, section 128D.08, subdivision 1; repealing
Minnesota Statutes 1996, section 128D.08, subdivision 2.
The bill was read for the first time.
Biernat moved that S. F. No. 1684 and H. F. No. 1914, now on Technical General Orders, be referred to the Chief
Clerk for comparison. The motion prevailed.
Winter moved that the bills on the Consent Calendar for today be continued. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Krinkie moved that his name be stricken as an author on H. F. No. 635. The motion prevailed.
Kielkucki moved that his name be stricken as an author on H. F. No. 1409. The motion prevailed.
Rifenberg moved that her name be stricken as an author on H. F. No. 1409. The motion prevailed.
Winter moved that his name be stricken as chief author on H. F. No. 2064. The motion prevailed.
Wenzel moved that H. F. No. 164 be recalled from the Committee on Agriculture and be re-referred to the Committee
on Environment, Natural Resources and Agriculture Finance. The motion prevailed.
Bishop moved that H. F. No. 1712 be returned to its author. The motion prevailed.
Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, April 10, 1997. The motion
prevailed.
Winter moved that the House adjourn. The motion prevailed, and Speaker pro tempore Opatz declared the House stands
adjourned until 2:30 p.m., Thursday, April 10, 1997.
Edward A. Burdick, Chief Clerk, House of Representativestime the plaintiff knew or
had reason to know that last incident of sexual abuse. (b) (e) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the
defendant caused the injury. (c) (f) The knowledge of a parent or guardian may not be imputed to a minor. (d) (g) Except as related to minors, this section does not affect the suspension of the statute of limitations
during a period of disability under section 541.15. April of March each year after 1999
in which a president and vice president of the United States are to be nominated and elected, at which the voters of this state
may express their preference among the candidates of the major political party of their choice, for that party's nomination
to be president of the United States or may vote for uncommitted delegates to the national party convention. For the purposes
of sections 207A.01 to 207A.07 207A.09, "political party" or "party" means a political party as defined
in section 200.02, subdivision 7. $500 $1,000.
The period for signing nominating petitions must begin 16 weeks before the primary and end ten weeks before the primary.
promptly notify the secretary of state of the names of the delegates to the national convention chosen as
supporters of each presidential candidate. and the names of the candidates to which the delegates have been
apportioned by July 1 of each year in which a presidential primary is held. A political party whose apportionment of
delegates does not conform to the results of the presidential primary ceases to be eligible to issue political contribution refund
receipt forms under section 290.06, subdivision 23, until it notifies the secretary of state of an apportionment that does
conform to the results of the presidential primary. a person entitled to inspect the duplicate
registration file or receive a copy of a current precinct the public information list under section 201.091
must also be informed of indicate the party choice of any voter who voted in the most recent
presidential primary under this chapter.to implement the provisions of this chapter as follows: section sections 207A.01 to 207A.08; 400" and delete "800"
FIRST READING OF SENATE BILLS